Best Practice: Customs Tariff Clauses in Contracts
- Arne Mielken
- May 2
- 6 min read
Updated: May 20
Customs Tariffs can disrupt your international trade. We offer best practices for modifying your cross-border contracts, along with sample language.

In the world of Customs, Trade Compliance, and Import Regulations, contracts are more than just legal formalities—they are safeguards.
With the USA continually adjusting tariff regimes, it's crucial for businesses to build tariff-related resilience directly into their contracts.
Whether you're a Customs Consultant, compliance officer, or trade lawyer, your contracts must reflect today's volatile tariff landscape.
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Key Questions Covered in This Blog
Why should tariffs take precedence in your MSA?
Who pays the taxes and tariffs?
How should you handle tariff price increases?
Can you terminate a contract because of new tariffs?
Should force majeure include tariff impositions?
When does a tariff change qualify as a hardship?
"Modern trade agreements must act like shock absorbers—ready to flex under tariff pressure while protecting both parties."Arne Mielken, Managing Director, Customs Manager
Abbreviations Used In This Blog
MSA: Master Services Agreement
SaaS: Software as a Service
Why should tariffs take precedence in your MSA?
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