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United Kingdom
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Key definition
Export debt definition

What does Export debt mean? An export debt is a trade receivable arising from the sale of goods or services to a buyer located or domiciled outside the exporter’s home jurisdiction (in UK practice, outside the UK; in Ireland, outside Ireland). It is a descriptive commercial term used across trade finance, factoring and invoice discounting, not a term defined by statute or case law. Key legal features include: cross‑border debtor risk; possible foreign governing law or place of payment; the need for effective assignment or security and enforceability abroad; and currency, sanctions and withholding tax considerations. Although many export contracts choose English law and English...

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Cross-border assignment of export receivables: UK Rome I and EU rules on governing law, debtor rights, third-party effects and priority

Practice notes
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This Practice Note summarises the issues raised in relation to the English law and EU choice of law Rules relating to the voluntary assignment of Receivables (also known as debts) in the context of receivables financing whether by way of an outright assignment or an assignment by way of security.

For ease, this Practice Note considers only outright transfers, though the same analysis applies to security assignments. Historically, exposure to overseas debts has been limited through diversification, relatively modest receivable sizes and Export debt Concentration covenants. As receivables financiers expand cross-border and enter larger, more significant facilities, these traditional measures should be adjusted to guard against potentially material exposures to non-UK receivables. Assigning export debts carries hazards, the clearest being that, in a collect-out, a debtor may contest the effectiveness of the transfer. Between parties operating across borders, suitable local law advice is essential to determine whether any objections may arise to a valid transfer of the receivable and to confirm the formalities by which the transfer was implemented under the applicable law...

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Web page updated on 21/05/2026

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