International Trade Law

International Trade Law  in Nepal

International Trade Law

Bhandari Law and Partners advises on the full range of international trade matters — a space that requires fluency in Nepal's own trade laws as well as the multilateral and bilateral agreements that shape how goods and services actually move across Nepal's borders. We assist clients in understanding trade law, interpreting trade treaties, negotiating trade agreements, and navigating the dispute resolution mechanisms that apply when trade relationships break down.

 

The Legal Framework

Nepal's trade policy runs on both a domestic and an international track. Domestically, the Export-Import (Control) Act, 2013 (1957) and the Customs Act, 2064 (2007) govern the regulatory mechanics of cross-border trade, while the Foreign Trade Policy, 2015 sets the government's broader strategic direction — aiming to build a more competitive trading environment and expand Nepal's export base, implemented in part through the Nepal Trade Integration Strategy.

 

Internationally, Nepal holds a notable position as the first Least Developed Country to negotiate accession to the World Trade Organization, joining after a lengthy accession process that required Nepal to make binding commitments across goods, services, and intellectual property (TRIPS) and to restructure parts of its domestic legal framework to meet WTO standards. Beyond the WTO, Nepal is a party to the South Asian Free Trade Agreement (SAFTA), in effect since 2006 and aimed at phasing down tariffs across South Asia, though implementation has lagged behind the agreement's original targets — goods are rarely exported under SAFTA's own provisions in practice, and intra-regional trade growth has been slower than anticipated. Nepal is also a member of BIMSTEC and a signatory to the long-standing Nepal-India Trade and Transit Treaty, which remains the single most consequential trade arrangement for Nepal given how heavily its trade volume is concentrated with India.

 

What this layered framework means in practice is that a trade matter in Nepal rarely turns on one statute alone — a single transaction can sit under domestic customs law, a bilateral treaty, and WTO commitments simultaneously, and knowing which one actually controls a given issue is often the difference between a smooth transaction and a costly delay.

 

What We Do

 

Trade law advisory

We advise clients on how Nepal's domestic trade laws and regulatory requirements apply to their specific transactions and operations.

 

Trade treaty interpretation

We interpret the trade treaties and agreements relevant to a client's position — whether that's SAFTA, WTO commitments, or a bilateral arrangement like the Nepal-India Trade and Transit Treaty.

 

Trade treaty negotiation

We assist clients and government bodies in negotiating trade treaties and agreements, bringing both legal and practical experience of how these negotiations actually unfold.

 

Trade dispute resolution

We advise on and represent clients in trade dispute resolution mechanisms, whether the dispute arises under domestic law or under an international trade agreement.

 

Who We Advise

We advise foreign companies trading with Nepal, government agencies including the Department of Commerce and the Ministry of Industry, and various international agencies on trade law matters. The firm is working to position itself at the forefront of international trade law practice in Nepal, and our team brings genuine depth in trade law, treaty interpretation, treaty negotiation, and trade dispute resolution — the full range a client needs whether they're a private business navigating a single transaction or a government body shaping the policy itself.

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