Remember, exporting products and services from the United States is a privilege where ignorance is not a plausible defense and failure to comply with laws can have serious financial and even criminal penalties. Below are resources to consider when exporting.
Protect Your Intellectual Property
Companies planning to export to a foreign country should seek registration of their trademark and patent protection in that country. Failing to do so can result in losing rights in that country. Click here for more information.
- Export.Gov's Basic Guide to Exporting
- Michigan's Resources for Global Exporting (MSU Global Edge)
- Export.gov's Exporter's Resource Database (ERD)
- Export-U2
- Global Intellectual Property Center
- US Small Business Administration
- Export.Gov's Market Information Via Webinar
- MSU International Business Center (CIBER)
- West Michigan DEC Export Resources
Understand Export Control
U.S. exporters must determine whether an export license is required to ship product to a particular foreign country and customer. Failure to comply with export control regulations can result in heavy fines and possible jail time. For more information, click here.
Select the Right Trade Partner & Understand How Foreign Law Affects Relationships
Full understanding of intended trade partners may prevent hardships caused by failure to comply with strict export prohibition, special licensing, or other requirements or restrictions. U.S. States law is not the only factor in international trade agreements, and the foreign law surrounding a trade relationship should also be obeyed. For more information, click here.
- Export.Gov's Basic Guide to Exporting
- Michigan's Resources for Global Exporting (MSU Global Edge)
- Export.gov's Exporter's Resource Database (ERD)
- Export-U2
- World Trade Centers Association
- US Small Business Administration
- Export-Import Bank of the United States
- MDARD International Marketing Program
- Export.Gov's Market Information Via Webinar
- Export.Gov's Trade Finance Guide
- Export.gov Market Research
- Export.gov's Export Experts Video Series
- MSU International Business Center (CIBER)
- University of Texas at Austin CIBER
- West Michigan DEC Export Resources
Comply with Foreign Regulations, Certifications, & Registrations
Determine what foreign regulations, certifications or registrations apply to the product or service. Failure to comply may lead to penalties in the country with which you are trading. Click here for more information.
- Export.Gov's Basic Guide to Exporting
- Michigan's Resources for Global Exporting (MSU Global Edge)
- Export.gov's Exporter's Resource Database (ERD)
- Export-U2
- Export-Import Bank of the United States
- Export.Gov's Market Information Via Webinar
- Export.gov's Export Experts Video Series
- MSU International Business Center (CIBER)
Use Specifically Drafted Contracts
Risks and rewards of doing business in a foreign country vary by country, industry, local law and other factors. Do not be penny wise and pound foolish. Use a tailored contract to ensure compliance. Click here for more information.
- Export.Gov's Basic Guide to Exporting
- Michigan's Resources for Global Exporting (MSU Global Edge)
- Export.gov's Exporter's Resource Database (ERD)
- Export.Gov's Trade Finance Guide
- Export.gov's Export Experts Video Series
- MSU International Business Center (CIBER)
Calculate Tax Implications of the Transaction
Tax implications can change the structure of how one intends to do business. Incorporating a local subsidiary may sometimes decrease the foreign tax burden in some countries. Also, certain transactions may result in additional U.S. tax filings. Click here for more information.
- Export.Gov's Basic Guide to Exporting
- Michigan's Resources for Global Exporting (MSU Global Edge)
- Export.gov's Exporter's Resource Database (ERD)
- MSU International Business Center (CIBER)
Recognize that U.S. Laws can Follow Your Product & Conduct Abroad
U.S. laws and their effect on U.S. company products do not end at the border. Export control laws can affect re-export of products, and the U.S. Corrupt Foreign Practices Act applies to the conduct of U.S. persons even beyond U.S. borders. For more information, click here.
- Export.Gov's Basic Guide to Exporting
- Michigan's Resources for Global Exporting (MSU Global Edge)
- US Small Business Administration
- MSU International Business Center (CIBER)
Consultant MEDC-International Trade
- Export.Gov's Basic Guide to Exporting
- America's Small Business Development Corporation Michigan Export Strategy
Hiring an Experienced Attorney
Even though there is a great deal of information about exporting law online, trying to be your own attorney or hiring a general practitioner may not be in your best interest, nor your least expensive option. Remember that part of the reason you hire a lawyer is for their strategic advice and technical skills they have. Below are some suggestions on how to find and interview a lawyer for your export work.
How to find an attorney:
- Personal referrals from others who are exporting
- Check with your District Export Council, MEDC, SBDC or other business resource
- Google if you have no other references to use, but due diligence becomes even more important if this is your option
Initial vetting of your attorney list:
- Check the attorney's web bio and LinkedIn pages
- Read and review articles or presentations the attorney has given on export topics that are of interest to you
Interviewing – it's important that you trust any professional you hire, and feel that you can communicate well. Ask about:
- The attorney's experience, for example, how many companies' trademarks they've helped protect in foreign countries
- The attorney's process for addressing export questions similar to yours
- How long it has been since the attorney handled a similar matter
- Their communication process; that is, how quickly they respond, how they bill, and what the estimate is for the work