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Asia Trade Agreements

How to benefit from the Georgia-China FTA?

To enjoy zero tariffs when exporting to China, you must provide a valid Certificate of Origin issued by the Georgian Revenue Service. We advise on the specific criteria your product must meet to qualify as "Georgian origin."

What is essential in a contract with a Chinese supplier?

Crucial elements include precise quality specifications, penalty clauses for delays, and a clear dispute resolution mechanism (arbitration). Relying on pro-forma invoices is risky; a detailed bilingual contract is necessary for legal protection.

How to ensure payment security in Asia trade?

For large transactions, using a Letter of Credit (L/C) is safer than direct transfers. We help draft L/C terms that protect both parties, ensuring payment is released only upon presentation of compliant shipping documents.

Should I register my trademark in Asia?

Yes, absolutely. Most Asian countries follow a "first-to-file" system. If you don't register your brand in China or Japan before entering the market, a local entity might register it first ("bad faith registration"), blocking your goods.

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Trade agreements with Asian countries (especially China, India, and Japan) are of strategic importance for Georgia. Georgia is one of the first countries in the region to have a Free Trade Agreement (FTA) with China. This service helps Georgian businesses fully utilize the potential of these agreements and sign secure commercial contracts with Asian partners. The Asian market is specific in both legal and cultural terms. Critical details include Incoterms conditions, pre-shipment quality control, payment mechanisms, and dispute resolution (as litigation in Asian courts is often impractical). Lawyers ensure your interests are protected in cross-border trade.

What Does Asia Trade Service Cover?

Legal.ge experts offer comprehensive support:

  • Trade Contract Drafting: Preparing sales, distribution, and agency agreements in Chinese or English, adhering to international standards.
  • FTA Consultation: Advice on obtaining Certificates of Origin and utilizing customs preferences.
  • Due Diligence: Verifying the reliability of the Asian partner (is it a real factory, do they have an export license).
  • Quality Control Mechanisms: Embedding inspection clauses in contracts (e.g., SGS check before shipment).
  • IP Protection: Registering trademarks in China or other Asian countries to prevent "brand theft."

Real-World Scenarios Where You Need This Service

Trading with Asia carries risks without a lawyer:

  • Wine Export to China: Shipping wine and needing a guarantee of payment. Letter of Credit terms need to be drafted.
  • Machinery Import: Buying equipment from China. The contract must specify warranty terms and spare parts supply.
  • Customs Detention: The Certificate of Origin is incorrectly filled, preventing the use of the 0% tariff rate.
  • Defective Products: Defective goods arrived. Without an arbitration clause, suing in a Chinese court is very difficult.

Georgian Legal Framework and Regulations

Key regulations include the Georgia-China Free Trade Agreement and the Georgia-Hong Kong Free Trade Agreement. These documents define tariff elimination rules. In private legal relations, the Vienna Convention on Contracts for the International Sale of Goods (CISG) applies unless otherwise stipulated.

Service Process Step-by-Step

Securing the deal involves:

  1. Partner Verification: Checking via online registries and local agents.
  2. Contract Drafting: Preparing a bilingual (English-Chinese) contract.
  3. IP Protection: Registering the trademark in the target country.
  4. Logistics Support: Agreeing on Incoterms and shipping conditions.

Why Choose Legal.ge?

Trade with Asia offers great opportunities and great risks. Legal.ge gives you access to lawyers experienced in working with Chinese and Asian companies. We help you overcome barriers and trade securely.

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