Contrato de Exportação Template for Brasil

A Contrato de Exportação is a legally binding agreement that governs the sale and shipment of goods from Brazil to international markets. This contract establishes the complete framework for your export transaction, ensuring compliance with Brazilian foreign trade regulations while protecting your commercial interests throughout the international sale process.

When do you need this document?

You need a Contrato de Exportação whenever you're selling goods from Brazil to foreign buyers, regardless of the transaction size or destination country. This contract is essential when establishing new relationships with international clients, as it provides legal protection and clarity for both parties. The document becomes particularly critical when dealing with high-value shipments, complex payment terms, or when specific quality standards and delivery requirements must be met. Additionally, you'll need this contract when your export operation requires financing, letters of credit, or when compliance with specific international trade regulations is mandatory for your product category.

Key legal considerations

Your export contract must clearly define the Incoterms that will govern risk transfer and delivery obligations between you and your buyer. Payment terms require careful consideration, including currency designation, payment methods, and timing to ensure compliance with Brazilian exchange regulations. The contract should specify detailed product descriptions, quality standards, and inspection procedures to prevent disputes during customs clearance. Risk allocation clauses are essential, particularly regarding force majeure events, currency fluctuations, and regulatory changes that could impact the transaction. You must also include proper dispute resolution mechanisms, considering both Brazilian jurisdiction and international arbitration options depending on your buyer's location.

Legal requirements in Brasil

Under Decreto nº 6.759/2009, your export contract must comply with Brazilian customs regulations, including proper product classification and documentation requirements. SECEX Portaria nº 23/2011 mandates specific procedures for export operations that must be reflected in your contract terms. Exchange control regulations under Resolução BACEN nº 3.568/2008 require careful structuring of payment terms and currency conversion procedures. Tax considerations under Lei nº 10.833/2003 affect how you structure pricing and payment terms to optimize PIS/PASEP and COFINS treatment. The contract must also ensure compliance with sector-specific regulations, particularly if you're exporting controlled goods, agricultural products, or items subject to export quotas. Documentation requirements include proper invoicing procedures, certificate of origin provisions, and compliance with international quality standards that may be required by the destination country.