Federal Corrupt Practices Act (FCPA): Key federal law that prohibits companies and individuals from bribing foreign officials to obtain or retain business. Must be addressed in compliance sections.
Export Administration Regulations (EAR): Regulations governing the export of commercial and dual-use items. Important for international consulting contracts involving technology or technical data.
International Traffic in Arms Regulations (ITAR): Regulations controlling the export and import of defense-related articles and services. Crucial if consulting involves defense-related matters.
Immigration and Work Authorization Laws: Federal regulations governing the ability of consultants to work in different jurisdictions. Essential for determining work permit requirements.
Federal Tax Laws: IRS requirements for international consulting arrangements, including withholding requirements and reporting obligations.
State Contract Laws: Specific state laws governing contract formation, enforcement, and interpretation under the chosen state jurisdiction.
State Labor Laws: State-specific regulations regarding employment classification, worker protection, and compensation requirements.
CISG: UN Convention on Contracts for International Sale of Goods - may need explicit exclusion in contract if not desired to apply.
Bilateral Trade Agreements: Relevant trade agreements between the US and the consultant's country that may affect terms of service and compliance requirements.
International Tax Treaties: Tax treaties between involved countries that affect taxation of consulting income and avoid double taxation.
GDPR Compliance: European Union's General Data Protection Regulation requirements if EU parties or data are involved in the consulting arrangement.
Professional Licensing Requirements: Any professional certifications or licenses required for providing consulting services in relevant jurisdictions.
Force Majeure Provisions: Clauses addressing unforeseeable circumstances preventing contract fulfillment, particularly important in international contexts.
Dispute Resolution Mechanisms: Specified procedures for resolving disputes, including choice of forum, arbitration provisions, and governing law.
Payment Terms and Currency: Specifications for payment methods, currency considerations, and exchange rate provisions for international transactions.
