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GÜNEŞ & GÜNEŞ LAW FIRM

Import, Export and International Trade

International trade agreements, legal advisory and dispute follow-up for importing and exporting businesses.

Legal support from the first offer through payment, customs, delivery and collection of overseas receivables.

Based in Antalya, serving all of Türkiye.

Scope of legal advice on imports and exports

As Güneş & Güneş Law Firm, we provide legal advice on international commercial transactions connected with Türkiye to importers, exporters, manufacturers, suppliers and distribution companies. We assess together the contractual, payment, delivery, regulatory compliance and dispute aspects of foreign trade activity.

From the first offer and contract negotiation through shipment, delivery and collection, we follow the transaction and review the consistency among the sales contract, bank documents, transport relationship and customs process. Depending on the needs of the business, we work either for a single transaction or under ongoing legal advisory.

We approach each transaction through the nature of the product, the countries of the parties, the delivery and payment model, and the governing law. For matters requiring foreign law, customs brokerage or technical review, we define the scope of coordination with the relevant specialists.

Our practice areas in imports, exports and international trade

International sales contracts

We structure product definition, quality, quantity, price, delivery, payment and liability provisions in import and export contracts. We review the consistency among the offer, proforma invoice, order and general terms and conditions.

We structure provisions on currency and cost changes, shipping obstacles, force majeure, contract adaptation, order cancellation and the conditions for exit from the contract, according to the features of the transaction.

Delivery terms and transfer of risk

We assess the selected Incoterms® rule, the designated place of delivery and the version used together with the contract. We clarify transport, insurance and customs obligations and the transfer of risk; we arrange title and payment provisions separately.

Payment methods and security

We review the legal conditions of advance payment, payment against goods or documents, letters of credit and bank guarantees. We address document discrepancies, payment delays, security demands and refund obligations case by case.

Customs procedures and disputes

We assess the legal dimension of disputes concerning tariff classification, customs value, origin, taxes and administrative sanctions. In coordination with customs brokers, we provide support for applications, objections and lawsuits.

Product compliance, permits and trade restrictions

We review, from a legal standpoint, permits, licenses, export controls and trade restrictions according to the product, the parties, the country and the nature of the transaction. For sanctions that may apply and their effect on performance of the contract, we rely on the conditions as of the transaction date.

We also examine the end user and intended use; where specialist knowledge of the relevant country’s law is required, we coordinate with local experts.

We assess the legal aspects of labeling, technical documentation, product safety, placing on the market, importer obligations and, where necessary, recall processes according to the product and target country. The scope of work with authorized experts and bodies for technical testing and conformity certification is determined separately.

Transport, insurance and cargo damage

We assess contracts and liabilities connected with sea, road, air and multimodal transport. In claims for loss, damage, delay and insurance, we work on transport documents, reports, notices and evidence.

Defective or incomplete delivery

In cases of non-conformity with technical specifications, shortfall in quantity and late delivery, we assess the contract and the inspection and notification records. Depending on the conditions, we address claims for performance, remedy, price reduction, termination of the contract, return and damages.

Distributorship, agency and dealership

We structure market entry, exclusivity, sales territory, targets, use of trademarks and competition obligations. We review the consequences of termination of the contract, the status of stock and the claims the parties may raise.

International trade receivables

For receivables arising from overseas buyers, we assess debt and delivery documents, security and collection routes. Based on the competent country and forum, the debtor’s situation and the enforceability of a judgment, we build a follow-up plan.

Together with local lawyers abroad and relevant experts, we separately determine the scope of document and evidence preparation, process reporting and legal follow-up for enforcement of decisions.

Choice of law, arbitration and litigation

We review the governing law, the court or seat of arbitration, the contract language and the enforcement provisions. In disputes, we provide legal support for negotiation, mediation, arbitration, litigation and, where necessary, recognition and enforcement (tanıma ve tenfiz) proceedings.

Trade secrets and digital commerce

We draft provisions on confidentiality, technical know-how, trademark and license rights in cross-border contracts. We assess the legal needs related to electronic orders and correspondence, online sales relationships and the transfer of personal data.

Preventive foreign trade advisory

We provide regular legal advisory on standard contracts, signing authority, confirmation of payment changes, document flow and deadline tracking. We provide legal coordination support to the sales, purchasing, finance and logistics teams.

We assess the corporate existence, representation and signing authority of foreign buyers and suppliers on the basis of accessible records. A legal preliminary review does not create any guarantee of payment or commercial success.

From the first offer to delivery and collection

  1. 01 · Preliminary review and negotiation

    The identity and authority of the parties, the product, country connections, the offer and existing commitments are reviewed. Contract, permit and payment risks are identified before the transaction.

  2. 02 · Contract and shipment

    Delivery, payment, security, document and insurance terms are arranged. The relationship between the sales contract and the bank, transport and customs processes is assessed.

  3. 03 · Delivery and post-transaction follow-up

    Delivery and acceptance records, payments and outstanding balances, and notices of defect or damage are addressed. In case of dispute, evidence, time limits and legal remedies are assessed together.

Preventive law and ongoing foreign trade advisory

Alongside individual disputes, we provide preventive legal support for a business’s regular foreign trade activity. We review, from a legal standpoint, standard contracts, signing authority, order confirmations, changes to bank accounts and the document retention system.

The legal workflow and information arrangement for use by the purchasing, sales, finance and logistics teams is determined according to the scope of service. Contracts and risks are reassessed when a new country, product or commercial model is introduced.

Working process and acceptance of the matter

Request and preliminary review

The subject of the commercial transaction, the parties, objectives and time limits are identified. Conflicts of interest and matters that could prevent acceptance of the engagement are reviewed.

Agreement and authorization

The attorney fee agreement and scope of service are clarified, and the necessary attorney agreements are signed. A power of attorney (vekâletname) with suitable content and a document list are prepared.

Acceptance and follow-up

Acceptance of the matter is notified separately once the necessary authorization, documents and any payment or other obligations under the agreement are completed. A first meeting or document transfer alone does not mean that the matter has been accepted.

Information that may be needed for the first meeting

  • Your business, the counterparty, the countries involved and the product traded.
  • Company and representation authority records; existing product conformity documents, permits and information about the target market.
  • Offers, proforma invoices, orders and contract texts.
  • Payment plan, bank correspondence, letters of credit and security documents.
  • Invoices, packing lists, transport, delivery and customs documents.
  • Records of damage, shortage or defect; related correspondence and notices.
  • Known payment, shipment, delivery, objection or lawsuit dates.
  • Preferred meeting language, your country and city, and your preferred local time.

Frequently asked questions on international trade

What checks should be made before signing a contract with a buyer or supplier abroad?

The company’s registered name and existence, its representation and signing authority, the match between the contracting party and the payment recipient, and product and country restrictions should be reviewed. Accessible records and the contract and payment documents are assessed together. A legal preliminary review does not guarantee the counterparty’s ability to pay or commercial success.

Who is responsible for the conformity requirements of an exported or imported product in the target country?

Responsibility is determined by the nature of the product, the rules of the target country, and the role of the manufacturer, importer or distributor in the transaction. A division of tasks in the contract does not by itself remove obligations that must be complied with. Labeling, technical documentation, conformity assessment and, where necessary, recall obligations should be reviewed with the relevant specialists before the transaction.

Is it enough to write an Incoterms® rule into the contract?

No. The place of delivery and the version of the rule must be stated explicitly, and the rule must be aligned with the other provisions of the sales contract. Incoterms® does not alone govern all contractual matters, such as the transfer of title, payment and dispute resolution.

Which law applies to an international sales contract?

The parties’ choice of law, the nature of the transaction and mandatory rules are assessed together. Whether the United Nations Convention on Contracts for the International Sale of Goods (CISG; Milletlerarası Mal Satımına İlişkin Birleşmiş Milletler Antlaşması) applies is also examined separately. The same outcome cannot be assumed for every cross-border sale.

Does using a letter of credit eliminate all commercial risks?

No. The conditions of the letter of credit, the documents required, presentation periods and the scope of the bank’s undertaking should be examined. The payment structure and the claims arising from the quality or delivery of the goods and from the sales contract are addressed as separate matters.

What records should be kept if goods arrive damaged, short or late?

The sales contract, order, invoice, packing list, transport and delivery documents, damage reports, photographs, inspection records and correspondence should be kept. Notices to the seller, carrier and insurer, and the application deadlines, should be assessed separately.

Can a case be filed in Türkiye if the buyer abroad does not pay?

This depends on the jurisdiction and arbitration provisions in the contract and on the applicable rules. Beyond where a case can be filed, it is also important whether a judgment can be enforced in the country where the debtor’s assets are located. The outcome of collection cannot be guaranteed in advance.

Do you also provide customs brokerage services?

The services on this page are legal advisory, representation and dispute follow-up. Customs declarations and customs brokerage transactions that require professional authorization are carried out by the authorized professionals concerned. Depending on the nature of the matter, we work in coordination with them.

What should be done if the counterparty informs you that it has changed its bank account?

Before any payment, the account change should be separately confirmed through a previously verified communication channel and an authorized person. It is important not to rely solely on a newly received email, and to keep the confirmations, instructions and payment records.

How are transactions governed by foreign law handled?

We assess the legal aspects of transactions connected with Türkiye. Where an opinion on foreign law, or representation in that country, is required, the scope of work and authorization are determined separately with the relevant experts.

Can consultations be held online from abroad?

Yes. Consultations can be held by Zoom or WhatsApp video call. Please state your country, city, meeting language and preferred local time. When the appointment is confirmed, the meeting date, the local time in your city and Türkiye time are communicated together; the time difference on the day of the meeting is applied.

When will the consultation fee and the acceptance of the matter be clarified?

We respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed. Acceptance of the matter is notified separately once the scope of work, the fee agreement, the necessary agreements, authorization, documents and agreed obligations are completed. A first meeting or document sharing alone does not constitute acceptance of the matter.

Related legal services and sectors

This page is for general information purposes only. The applicable rules, permits, notices and legal remedies are separately assessed according to the conditions of the product, the transaction and the countries concerned.

Content provided by: GÜNEŞ & GÜNEŞ LAW FIRM. The scope of services is determined by the legal assessment of the specific transaction and the agreement to be concluded.

Let’s assess your international trade matter together

We respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.

info@gunesgunes.com+90 531 883 33 88