{"id":3147,"date":"2025-10-17T01:33:30","date_gmt":"2025-10-16T22:03:30","guid":{"rendered":"https:\/\/negashteh-magazine.com\/en\/?p=3147"},"modified":"2025-10-20T16:57:20","modified_gmt":"2025-10-20T13:27:20","slug":"force-majeure-and-trade-risks-in-grain-imports","status":"publish","type":"post","link":"https:\/\/negashteh-magazine.com\/en\/force-majeure-and-trade-risks-in-grain-imports\/","title":{"rendered":"Force Majeure and Trade Risks in Grain Imports"},"content":{"rendered":"

\"\"<\/a>In an exclusive interview with Negashteh Magazine<\/em>, Dr. Behnam Khatami, Founder and Managing Partner at Nami Associates, discusses the complex legal and commercial risks facing Iranian importers of grain and essential goods, particularly during geopolitical crises and under international sanctions.<\/p><\/blockquote>\n

He highlights a multi-layered risk profile: disrupted shipping routes, volatile freight and insurance rates, currency transfer restrictions, and counterparty defaults. On top of that, political risks \u2014 such as sanctions and tightening compliance regimes \u2014 significantly limit access to critical banking services like financing and letters of credit.<\/p>\n

While most sanctions regimes, including those by the UN and EU, offer clear exemptions for foodstuffs and agricultural commodities, over-compliance by international banks and insurers remains a major obstacle. To address this, importers must carefully structure their contracts to clearly demonstrate the humanitarian nature of grain cargoes.<\/p>\n

Common Legal Pitfalls in Trade Contracts<\/strong><\/p>\n

According to Dr. Khatami, many Iranian importers underestimate the importance of governing law and dispute resolution clauses. While standard mechanisms like GAFTA or FOSFA arbitration are widely used, they can pose serious enforcement risks in Iran, especially with perishable goods.<\/p>\n

He also points out that force majeure and hardship clauses are often adopted in boilerplate form and fail to account for disruptions like sanctions-related banking issues or export bans. Furthermore, importers frequently neglect quality control and inspection procedures, leaving themselves exposed if substandard cargo is tendered. Dr. Khatami advises conducting pre-shipment inspections, especially when risk transfers at the port of origin, to maintain a strong legal position and avoid disputes.<\/p>\n

Risk Mitigation and Enhancing Negotiation Power<\/p>\n

To manage trade with high-risk countries, Dr. Khatami recommends a three-pronged approach:<\/p>\n