1. To approve the Provision on the Form of Foreign Economic Agreements (Contracts) (attached).

2. Y. V. Fedorenko, Chief of the Administration for the Foreign Economic Activity Security of the Jurisdiction Department, to submit this order for the state registration to the Ministry of Justice of Ukraine within the terms fixed by the legislation and to ensure further support of this order.

3. Y. V.Fedorenko, Chief of the Administration for the Foreign Economic Activity Security of the Jurisdiction Department, after the state registration of this order to notify it to the Ministry of Economy of the Autonomous Republic of Crimea, corresponding structural subdivisions of regional, Kyiv and Sevastopol state administrations, as well as to ensure this order's publication in the official mass media.

4. To declare invalid the order of the Ministry of Ukraine for Foreign Economy and Trade of October 5,1995 No.75 registered with the Ministry of Justice of Ukraine on October 9,1995 No. 367 903 with amendments.

5. A. I.Goncharuk, Deputy Minister is to be responsible for control over this order performance.

This Provision is elaborated in accordance with Article 6 of the Law of Ukraine "On Foreign Economic Activities" and ci.9 of the resolution of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine, dated July 17, 1995 No. 523 "On the State of Observing the Decree of the President of Ukraine No. 319, dated June 18. 1994 "On Urgent Measures Related to Returning Currency Values in Ukraine that are illegally Abroad". This Provision applies while concluding agreements for purchase and sale of goods (services rendering, work performance) and goods exchange agreements between Ukrainian and foreign business entities regardless of the forms of ownership and types of activities.

A foreign economic agreement (contract) is a substantively issued agreement of two or more entities conducting foreign economic activities and their foreign counteragents. This agreement (contract) is directed at fixing, changing or terminating their mutual rights and duties in foreign economic activities. The agreement (contract) is to be concluded in accordance with the Law of Ukraine "On Foreign Economic Activities" and other laws of Ukraine taking into account international treaties of Ukraine. While compiling the body of the agreement (contract) business entities are empowered to follow common international traditions, recommendations of the international organs and organizations if this is not prohibited directly by the Law of Ukraine "On Foreign Economic Activities" and other laws of Ukraine.

The foreign economic agreement (contract) shall be concluded by an entity conducting foreign economic activities or its representative in writing, unless otherwise provided for by the international treaty of Ukraine or by the law. The representative's authority to conclude the foreign economic agreement (contract) may arise through power of attorney, statutory documents, agreements and other documents which do not contradict the Law of Ukraine "On Foreign Economic Activities". Actions of an authorized Ukrainian entity performed on behalf of a foreign entity are deemed as actions of the foreign entity.

The agreement (contract) may be deemed invalid under the court decision if it does not comply with the requirements of the laws of Ukraine or international agreements of Ukraine. Rights and liabilities of the parties under the foreign economic agreement are to be determined by substantive and procedural law of the country where the agreement was concluded, unless otherwise agreed by the parties, and reflected in the agreement (contract) terms.

1. The following terms, which shall be stipulated by the agreement (contract), unless otherwise agreed by the parties of such an agreement (contract) relating to the agreement terms presentment, and such agreement does not exclude the subject, object, objective and other essential terms of the agreement, on disagreeing which the agreement may be deemed as failing to conclude or invalid because of non-conformity with the form under the current legislation of Ukraine, shall comprise:

   1.1. The agreement (contract) name, number, date and the place where it was concluded.

   1.2. Preface.
   The preface shall specify full names of the parties, partners of a foreign economic operation, which they hold officially, specifying the country, shortened definitions of the parties as counteragents ("Seller", "Buyer", "Customer", "Supplier", etc.). The preface shall also specify a person, on whose behalf the foreign economic agreement (contract) is concluded, as well as names of the documents (articles of association) the counteragents follow when concluding the agreement (contract).

   1.3. The subject of the agreement (contract).
   This section shall identify the goods (work, services) which one of the counteragents shall supply to another specifying accurate descriptions, brand, sort or the final result of the work being performed.
   In the case of a barter (exchange of goods) agreement (contract) or contract for processing the customer's raw material the accurate descriptions (brand, sort) of counter deliveries (or a goods name that is the final objective of processing the customer's raw material) are also to be specified.
   If goods (work, services) need more detailed specifications or the range of goods (work, services) is rather big, then all this information is to be specified in the supplement (specifications) that must bean integral part of the agreement (contract). A corresponding note must be made in the body of the agreement (contract) in such a case.
   With the barter (exchange of goods) agreement (contract) the above-mentioned supplement (specifications) must be balanced according to the total value of export and import of goods (work, services).
   The supplement to the agreement (contract) for processing the customer's raw material shall specify the corresponding technological scheme of such processing.
   The technological scheme of processing the customer's raw material must reflect the following:
   all basic stages of processing the raw materials into the finished goods;
   quantity indices of the raw materials at each stage of processing grounding in-process losses of the raw materials;
   losses the performer suffers at each stage of processing.

   1.4. Quantity and quality of goods (scale of work to be performed, and services to be rendered).
   This section shall specify, depending on the nomenclature, a goods unit of measure adopted for goods of such a type (tons, kilograms, units, etc.), the goods total quantity and quality features. Certain work (services) scales and the term of performance are to be specified in the body of the agreement (contract) for performing work (rendering services).

   1.5. Basic terms of goods delivery (acceptance and ownership transfer of work or services performed).
   This section shall specify a mode of transportation and basic terms of delivery (according to International Rules of Interpreting Commercial Terms as revised edition in effect), which determine counteragents' liabilities for goods delivery and the moment of assigning risks from one party to another, as well as the exact term of goods delivery (certain goods consignments).
   In the case of concluding the agreement (contract) for performing work (rendering services) this section shall specify the terms and conditions of work (services) performance.

   1.6. The price and the total value of the agreement (contract).
   This section shall specify the price of goods unit of measure and the total value of goods or work performed (services rendered), which are delivered under the agreement (contract) except the cases when the goods price is calculated by formula. This section shall also specify the contract currency. If under the agreement (contract) the goods of different quality and range are delivered, the price is to be established separately for a goods unit of each sort, brand. A separate clause of the agreement (contract) shall specify the total value of goods. In this case price indices may be specified in supplements (specifications) containing the references made in the body of the agreement (contract).
   When calculating the agreement (contract) price by formula approximate value must be specified in the agreement (contract) on the date of its conclusion.
   The agreement (contract) for processing the customer's raw materials, besides, shall specify their pledge value, price and total value of finished goods, as well as of processing.
   The barter (exchange of goods) agreement (contract) must specify the total value of goods (work, services) being exported, and the total value of goods (work, services) to be imported under this agreement (contract) necessarily expressed in a foreign currency referred by the National Bank of Ukraine to the first group of the Foreign Currency Classifier.

   1.7. Payment terms.
   This section shall specify payment currency, form, procedure and terms of financial settlements and guarantees of performing mutual payment liabilities by the parties. Depending on the payment terms chosen by the parties the agreement (contract) shall specify:
   terms of bank transfer (advance) before and/or after shipping goods, or terms of documentary letter of credit, or collection (with a guarantee) determined in appliance with the resolution of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine No. 444 "On Typical Payment Terms of Foreign Economic Agreements (Contracts) and Typical Forms of Precautions of Foreign Economic Agreements (Contracts Stipulating Payments in a Foreign Currency", dated June 21.1995:
   terms of guarantee if any exists or if it is important (type of guarantee: a guarantee on demand, conditional guarantee), terms and period of the guarantee validity, a possibility to amend the agreement (contract) terms with no amendments to the guarantee.

   1.8. Terms of goods (work, services) acceptance and ownership transfer.
   This section shall specify terms and place of actual goods transfer, the list of goods supporting documents.
   The acceptance and ownership transfer must be made as follows: as regards the quantity - in compliance with the goods supporting documents, as regards the quality - in compliance with the documents certifying the goods quality.

   1.9. Packing and marking.
   This section shall specify packing of goods (boxes, bags, containers, etc.), relevant marking made on them (name of the seller and buyer, agreement (contract) number, destination, dimensions, special terms of storage and transportation, etc.), and if it is necessary terms of the packing return.

   1.10. Force Majeure
   This section shall specify the cases when the agreement (contract) terms may not be performed by the parties (acts of God, hostilities, embargo, government interference, etc.). The parties shall be absolved from fulfilling liabilities during the period of these circumstances existence, or they may partially or entirely refuse to perform the agreement (contract) without additional financial responsibility. The Chamber of Commerce and Industry of the relevant country must confirm the duration of the force majeure circumstances.

   1.11 Sanctions and claims.
   This section shall specify the procedure for applying penal sanctions, loss compensation and making claims in connection with non-fulfillment or undue fulfillment of liabilities by one of the counteragents.
   The amounts of penal sanctions must be clearly determined (in per cent of the cost of short-delivered goods (work, services) or unpaid money, terms of penalty payment - date of its imposing and period of its effect, or its limit). The terms within which the claims may be made, rights and liabilities of the agreement (contract) parties regarding the above, and ways of the claim settlement must be clearly determined as well.

   1.12. Settlement of disputes at law.
   This section shall specify terms and procedure for settling disputes at law as regards interpretation, non-fulfillment and/or undue fulfillment of the agreement (contract) stipulating the court name or clear criteria for choosing the court by any party depending on subject and specificity of a dispute, as well as the choice of substantive and procedural law agreed upon by the parties, which should be applied by this court, and the rules of the judicial settlement procedure.

   1.13. Location (domicile), mail and payment requisites of the parties.
   This section shall specify location (domicile), full mail and payment requisites (account number, name and location of a bank) of the agreement (contract) counteragents.

2. With the parties' consent the agreement (contract) may specify additional conditions: underwriting, quality guaranties, terms of hiring counteragents of the agreement (contract), agents, carriers, fixing the norms of loading (unloading), terms of handing over technical documentation related to the goods, preserving trademarks, procedure for paying taxes, customs duties, various precautions, the moment of the agreement (contract) coming into force, number of signed copies of the agreement (contract), possibility and procedure for introducing amendments to the agreement (contract), etc.

3. The list of the legal-normative acts of Ukraine regulating the form, procedure for concluding and performing foreign trade agreements (contracts): Civil Code of the UkrSSR; The Law of Ukraine "On Foreign Economic Activities"; The Law of Ukraine "On the Procedure for Making Payments in a Foreign Currency"; The Law of Ukraine "On Operations Related to Customer's Raw Materials in Foreign Economic Relations"; The Law of Ukraine "On Regulating Goods Exchange (Barter) Operations in the Field of Foreign Economic Activities"; The Decree of the President of Ukraine, dated October 4,1994 No. 566/94 "On Measures Related to Payment Regulation under Agreements Concluded by Business Entities of Ukraine"; The Decree of the President of Ukraine, dated October 4,1994 No. 567/94 "On Applying International Rules of Commercial Terms Interpretation"; The Decree of the President of Ukraine, dated February 10, 1996 No. 124/96 "On Measures Related to Conjuncture and Price Policy Improvement in the Field of Foreign Economic Activities"; The Decree of the Cabinet of Ministers of Ukraine, dated February 19, 1993 No. 15-93 "On the System of Currency Regulation and Currency Control"; The resolution of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine, dated June 21,1995 No. 444 "On Typical Payment Terms of Foreign Economic Agreements (Contracts) and Typical Forms of Precautions of Foreign Economic Agreements (Contracts) which Provide for Payments in a Foreign Currency".