Legal Support for Contractual Work in International Technical Assistance Projects: Key Considerations for Implementers
Throughout the implementation of an international technical assistance (ITA) project, the implementer is typically required to conclude numerous contracts – with contractors, consultants, experts, equipment suppliers, and service providers. Regardless of the contract’s value or level of formality, each agreement must be carefully drafted or reviewed in light of the legal specifics of ITA projects.
We support implementers in preparing, reviewing, and adapting contracts based on the project's structure and Ukrainian law.
Key Issues to Consider
- Intellectual Property Rights
Many ITA projects result in intangible deliverables – such as analytical reports, source code, or training courses. Contracts must clearly define who owns the rights to these outcomes: the donor, the implementer, a third party, or the service provider. It is often necessary to ensure the complete transfer of economic rights within the project or to a third party (e.g., a public authority or international organization). - Acceptance of Deliverables
The procedure for accepting deliverables should be clearly outlined: what constitutes satisfactory performance, what documents are required (e.g., report, presentation, act of acceptance), and how much time is allowed for review. When donor funding is at stake, linking payments to acceptance is crucial for reporting. - Dispute Resolution
Standard templates often contain vague language like “disputes to be resolved in court.” For ITA-related contracts, it is essential to specify the competent court (especially if a foreign party is involved) and the governing language of the agreement. - Taxation and Source of Funding
If costs are covered by ITA funding, this should be expressly stated in the contract – mainly if tax or customs benefits apply. It is also essential to clarify whether VAT is included in the contract price. - Currency and Banking Details
Project reporting often uses the grant’s currency, while payments are made in local currency. The contract should account for exchange rate issues (e.g., reference to NBU average rate) and conversion date. Additionally, the ability to pay directly to a non-resident and the need for bank support should be assessed under currency regulations. - Language and Contract Amendments
Contracts involving foreign parties or English-language documentation must state the official contract language. Defining the procedure and timeframe for amending the contract is also important. - Confidentiality and Public References
Some donors prohibit using their name or logo without prior written approval. If the service provider prepares public materials or wishes to mention their involvement in the project, these issues must be contractually regulated.
How We Help
We provide comprehensive legal support for preparing contracts with service providers, contractors, experts, and suppliers involved in implementing ITA projects. Our assistance includes:
- Aligning with donor requirements
- Adhering to reporting formats
- Accounting for project-specific structures
- Complying with tax and currency regulations in Ukraine
- Reflecting the practical logic of project management
We provide clear, user-friendly legal commentary. Whether you need a contract drafted from scratch, reviewed, or finalized for signature, we are here to help.
Contact us – we know how to safeguard the implementer’s interests while fully complying with donor policies and Ukrainian law.