Drafting International Sales Contract to Avoid Force Majeure Issues Due to Import Bans on Genetically Modified Crops

United States’ sellers and exporters of genetically modified agricultural products face an increased risk of trade bans by the importing country due to health and safety concerns. These trade bans, such as China’s recent ban of a genetically modified trait in corn, can be highly disruptive and cause substantial losses to U.S. exporters. Some buyers asserted that China’s recent trade ban made acceptance of the goods impossible due to force majeure. In light of the exponential growth of U.S. biotechnology agricultural products, this Article explains how U.S. sellers can draft sales contracts to avoid the effects of trade bans and defenses based on force majeure.