Structuring International Sales Channel Agreements: Complying With Export Laws, FCPA, OFAC
Navigating Export Issues, IP Protection, Competition Challenges, Exclusivity, and Territory
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel to companies doing business internationally on key considerations when structuring international sales channel agreements. The panel will discuss key contract provisions and offer best practices for structuring the agreement to ensure compliance with the FCPA, export laws, and Office of Foreign Assets Control (OFAC) regulations, and other compliance requirements.
- Selecting a distributor or reseller
- Due diligence and assessment of potential FCPA and other legal risks
- SDNs/sanctioned parties lists
- IP protection
- Export and FCPA compliance issues
- Key provisions
- Best practices for structuring the agreement
The panel will review these and other key questions:
- What factors should counsel consider when negotiating and structuring international sales channel agreements?
- What provisions should counsel include to ensure IP rights are protected?
- What are the steps in the due diligence process when evaluating potential distributors or resellers?
- What are the key legal factors that shape decisions on territorial scope and exclusivity?
- What provisions are best at protecting the company from various compliance risks?
John E. Davis
Member and FCPA/International Anti-Corruption Practice Lead
Miller & Chevalier
Mr. Davis focuses his practice on international regulatory compliance and enforcement issues. He advises on corruption... | Read More
Mr. Davis focuses his practice on international regulatory compliance and enforcement issues. He advises on corruption issues around the world, including compliance with the FCPA and related laws and international treaties, and FCPA-related internal investigations and disclosures to the SEC and DOJ. Mr. Davis works with clients to develop and implement compliance programs, conduct due diligence and audit compliance processes.Close
M. Christie (Chris) Helmer
Partner, International Law Lead & Admiralty/Maritime Co Lead
Miller Nash Graham & Dunn
Ms. Helmer does primarily international and maritime work, both litigation/arbitration and transactional. Her 30+ years... | Read More
Ms. Helmer does primarily international and maritime work, both litigation/arbitration and transactional. Her 30+ years of litigation and arbitration experience puts her in a unique position to assist clients in contract drafting and assessing contractual risks. And that dispute resolution experience includes regular handling of the issues particular to cross-border and admiralty disputes that not every practitioner is accustomed to dealing with—service abroad, obtaining evidence abroad, jurisdiction over foreign parties for claims arising in faraway countries, vessel arrests and attachments, customs, FCPA and export sanctions issues, and enforcement of international arbitration awards and foreign judgments.Close