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Basic concepts of international trade Basic practices of international trade Language associated with trade
import vs. export (directions of the movement of commodity traded) tangible trade vs. intangible trade 1) tangible trade: the exchange of tangible goods (to carry out importing/exporting customs formalities) 2) intangible trade: the exchange of intangible goods, such as services and intellectual property rights
direct trade vs. indirect trade 1) direct trade: the producing country sells the goods directly to the consuming country. (transit country, transit trade, transit duty) 2) indirect trade: the producing country sells the goods to a third country first and then the third country resells the goods to the consuming country. (middleman, entrepot trade)
4. Policies
Manchesterism (free trade policy)
It is aimed to assure that the market is free to function in an unconstrained manner by eliminating the restrictions or removing the barriers to effective operation of invisible hand of the market and the goods is traded freely between nations to increase the wealth of both the buying and the selling nations.
4. Policies
Protectionism (protective trade policy)
It means a trade policy by which a government sets up controls over its import trade for the purpose of protecting its economy (esp. agriculture and infant industries) from foreign competition and provides preferential treatment and subsidies to its exporters or exporting firms.
Important terms
absolute advantage
comparative advantage
natural advantage
climate conditions, access to certain natural resources, or availability of an abundant labour force acquired advantage advantage in product or process technology factors of production/productive factors international division of labour
Important terms
labour-intensive
capital-intensive
land-intensive technology-intensive economies of scale (ES) specialization specialize in
5. Trade barriers
Tariff barriers A tariff is a tax (duty) levied on a product when it crosses national boundaries. It is the most common type of trade control. Purposes: revenue tariff: to generate fiscal revenue protective tariff: to weaken the competitive power of the imported goods Types: import duty; export duty; transit duty
Tariff barriers
Methods of assessment:
specific tariff or duty : a fixed amount of duty per physical unit of the imported product, say $100 per imported auto ad valorem tariff or duty : a fixed percentage of the total value of the imported goods, e.g. 10%, 30% compound tariff or duty : a combination of the above two types of duties alternative tariff or duty : Both a specific duty and an ad valorem duty are prescribed for a product, with the requirement that the more onerous one shall apply.
Tariff barriers
Special duties:
countervailing duties (CVD): taxes assessed to counter the effects of subsidies provided by foreign governments to goods exported to the importing country. Subsidies cause the price of such merchandise to become artificially low, which may cause economic injury to manufacturers in the importing country.
Tariff barriers
Special duties:
anti-dumping duties (ADD): taxes assessed on imported goods that are sold in the importing country at a price less than normal value. Normal value is determined as the price the product is normally sold at in the domestic market of the exporting country or in a third country, or the constructed value ()which is based on the cost of production, selling, general and administrative expense, and the normal profits.
Words
duty
put/slap ~ on (a product or goods) increase/raise/put up ~ lower/cut/reduce ~ pay/avoid/evade ~ tax impose/introduce/levy/put ~ on (a product) pay/avoid/escape/evade ~ collect ~ deduct ~
5. Trade barriers
Non-tariff barriers (NTBs) NTBs are restrictions to imports but not in the usual form of a tariff. Their use has risen sharply after the WTO rules led to a very significant reduction in tariff use. NTBs usually refer to government requirements for licenses, permits, or significant amounts of paperwork in order to allow imports into its country. gray area in international trade
import quota: a limit to the quantities or money values of a particular product that can be exported to the quota-enacting country. subsidy: a government payment to a domestic product or industry or a domestic exporting firm. (helping to compete against low-cost foreign imports and to gain export markets) import license: a document required and issued by some governments authorizing the importation of specified goods into their countries.
technical barriers to trade (TBT): strict regulations of products and various measures referring to product characteristics such as quality, safety or dimensions, packaging, marking and labeling requirements as they apply to a product. All these can bring rising cost or excessive trouble to the exporter/importer and thereby lead to the reduction of the import. (green barrier) technical regulations (to protect health, life, environment) product characteristics requirements
national treatment principle Free trade: lowering trade barriers Fair competition Special and differential treatment to developing countries: to provide developing countries special rights and exemptions from certain obligations Transparency
Important terms
balance of trade: the total of a countrys exports minus
its imports favourable balance of trade (trade surplus) unfavourable balance of trade (trade deficit) barter trade: the direct exchange of goods for goods embargo: a prohibition upon exports or imports, either with respect to specific products or countries export processing zone bonded warehouse/area p.47 Vocabulary
3.
4.
Trade terms the language of foreign trade International transportation & insurance International payments & settlements International trade contracts
To simplify the process of negotiation To simplify the paper-work of preparation for the contract To save time and cost of the transaction
Incoterms
Incoterms (International Commercial Terms) is a set of uniform rules published by ICC for the interpretation of trade terms most commonly used in international trade. Incoterms was published in 1936 (Incoterms 1936). Amendments and additions were later made in 1953, 1967, 1976, 1980, 1990 and presently 2000 in order to bring the rules in line with current international trade practices.
Incoterms 2000
Group E Departure Group F Main carriage unpaid Group C Main carriage paid EXW FCA FAS FOB CFR CIF Ex Works Free Carrier Free Alongside Ship Free on Board Cost and Freight Cost, Insurance and Freight
CPT CIP
Incoterms 2000
Group D Arrival DAF DES DEQ DDU Delivered at Frontier Delivered EX Ship Delivered EX Quay Delivered Duty Unpaid
DDP
Incoterms 2000
Group E EXW
The seller fulfills his obligation to deliver when he has made the goods available to the buyer at his premises or another named place (i.e., works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. The buyer bears all costs and risks involved in taking the goods from the sellers premises to the desired destination. It represents the minimum obligation for the seller. It can be used for any mode of transportation. Case: USD10 per set EX Works Dongguan
Incoterms 2000
Group F FCA, FAS, FOB The seller has the duty to deliver the goods to the carriers place and the freight from the place of delivering goods to the port or place of destination is paid by the buyer. Critical points coincide: the point for division of costs is the same as the point for division of risk.
Incoterms 2000
Group F FCA, FAS, FOB FCA The seller delivers the goods cleared for export to the carrier (or the person) nominated by the buyer at the named place. If delivery occurs at the sellers premises, the seller is responsible for loading; if delivery occurs at any other place, the seller is not responsible for unloading. It can be used for any mode of transportation including multimodal transport.
Incoterms 2000
FOB The seller has the duty to deliver the goods across the ships rail at the named port of shipment. The seller clears the goods for export. The buyer has to bear all costs and risks of loss of or damage to the goods from the point when the goods have passed the rail of the ship. It can be used only for sea or inland waterway transport. Case: US$18 per piece FOB Guangzhou
Incoterms 2000
FOB: practices When the ships rail serves no practical purpose, such as in the case of roll-on/roll-off or container transport, the FCA term is more appropriate. The buyer arranges the ship for the shipment of the goods. The seller sometimes also make the contract with the carrier at the buyers risk and expense on the buyers behalf. loading charges (trimming, stowing): liner (including); charter party (excluding, clarifying in the contract)
Incoterms 2000
Group C CFR, CIF, CPT, CIP The seller has the duty not only to deliver the goods to a place or point in his country but also to be responsible for arranging the carriage of the goods from the place of delivery to the place or point of destination at his own expense. Critical points: the point for division of costs (i.e. place of destination) is different from the point for division of risk (i.e. place of shipment).
CFR
The seller delivers when the goods pass the ships rail in the port of shipment. The seller pays the costs and freight necessary to bring the goods to the named port of destination, but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer. The seller clears the goods for export. The seller arranges the charter party or rent the shipping space. It can be used only for sea or inland waterway transport. discharge/unloading charges: liner (including); charter party (excluding, negotiating) The buyer effects the insurance (the seller gives timely notice) Case: US$12.5 per carton CFR New York
CIF
The seller delivers when the goods pass the ships rail in the port of shipment. The seller pays the costs and freight necessary to bring the goods to the named port of destination, but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer. The seller clears the goods for export. The seller has to procure marine insurance against the buyers risk of loss of or damage to the goods during the carriage. (The seller contracts for insurance on minimum cover and pays the insurance premium.) It can be used only for sea or inland waterway transport.
CPT & CIP CFR: When the ships rail serves no practical purpose, such as in the case of roll-on/roll-off or container transport, the CPT term is more appropriate. CIF: When the ships rail serves no practical purpose, such as in the case of roll-on/roll-off or container transport, the CIP term is more appropriate. The risks transfer to the buyer from the seller when the goods are delivered to the international carrier. Used for many mode of transportation.
Incoterms 2000
Group D DAF, DES, DEQ, DDU, DDP The seller has the responsibility for the arrival of the goods at the agreed place or point of destination at the border or within the importers country. The seller bears all risks and costs in transporting the goods. Contracts under D terms mean arrival contracts. (Contracts under F & C terms are shipment contracts.)
the mode of transportation: sea and inland waterway transport only: FAS, FOB, CFR, CIF, DES, DEQ the mode of payment other factors: the time of delivery, the customs formalities, the possible risks of loss of or damage to the goods during the transportation
Variations of Incoterms
In practice, the parties often add words to an Incoterm to seek further precision than the term could offer, e.g. FOB Liner terms, FOB Under Tackle, FOB Stowed, FOB Trimmed Since Incoterms 2000 gives no guidance whatsoever of such additions, the parties are strongly advised to clarify the exact meanings of those added terms otherwise serious problems might arise.
receipt for the goods evidence of the contract for carriage (between the shipper and the carrier) document of title to the goods Types: on board (shipped) B/L & received for shipment B/L The first is issued after the goods have been loaded on board the designated vessel. The second is issued before the goods are loaded on board and does not indicate the name of vessel and On Board.
The first is issued by a liner company when the liner transport is used. The second is issued when the charter transport is used, and is often used together with the charter party or a copy of it.
The first is more detailed with shipping contract clauses on the back of the page. The second only has the major contents on the face.
Other documents
sea/ocean waybill receipt for the goods evidence of the contract for carriage (between the shipper and the carrier) not a document of title to the goods (nonnegotiable) air waybill (non-negotiable) international combined rail waybill (nonnegotiable) multimodal transport document (MTD): it may be or may not be negotiable in practice.
Words
consignment [C/U] consigned goods consignor shipper consignee carrier shipment [C/U] forwarder/forwarding agent/freight forwarder bearer freight to collect freight prepaid
Losses (Averages)
total loss Actual total loss means the whole lot of the consignment has been lost or damaged or found valueless upon the arrival at the port of destination. Constructive total loss might occur if the cargo is not actually lost, but is so seriously damaged as to make the goods no longer any use for the purpose for which they were originally intended.
Case study
Suppose that you are selling glassware to Britain on the basis of CIF, you have the following alternatives: FPA plus Breakage Risk WA plus Breakage Risk All Risks plus SRCC (strike, riot, civil commotion )
Under CIF & CIP terms: Insurance: To be covered by the seller for 110% of total invoice value against All Risks and War Risk, as per and subject to the relevant ocean marine cargo clauses of PICC dated 1/1/1981. Under FOB ... Insurance: To be covered by the buyer.
Key words
the Lloyds insure sth. against (fire) cover/effect/purchase/take out/arrange insurance franchise lodge/make a claim
3. International payments
Key factors determining the payment method the business relationship between the seller and the buyer the nature of the goods industry norms the distance between the seller and the buyer the potential for currency fluctuation political and economic stability in both the exporting and the importing countries
Instruments of payment
Bill of Exchange (Draft) a bill (order) signed by the drawer, requiring the entrusted payer (drawee) to make unconditional payment in a fixed amount at the sight of the bill or on a fixed date to the payee or the holder. transferable with endorsement issue/draw a draft honour/dishonour a draft presentation acceptance sight draft/demand draft & time draft/usance draft bankers draft & commercial draft
DRAFT
At
Sight
ABC Exporter
January 5
20 08
8,020.00
Dollars
Drawn under Documentary Credit No. M0491110NS00616, of the Standard Chartered Bank, Seoul, Korea, dated September 17, 2007
ABC Exporter
Instruments of payment
Promissory note an instrument written and issued by a drawer, promising to pay unconditionally a fixed amount of money to a payee or bearer at the sight of the instrument. Check an instrument issued by a drawer, at the sight of which the check deposit bank or other financial institutions unconditionally pay the fixed amount to the payee or bearer.
2.
3.
remittance M/T: mail transfer means the remittance by airmail. T/T: telegraphic transfer refers to the remittance by cable, telex, or SWIFT (Society for Worldwide Interbank Financial Telecommunication ) D/D: remittance by bankers demand draft (the
remitting bank draws a demand draft on the paying bank at the request of remitter, and the remitter himself sends the draft to the payee and the payee then presents this draft to the paying bank for payment)
?? ?
Pre-Pay
Letter of Credit
Open Account
a written undertaking issued by a bank (the issuing bank) to the seller (the beneficiary) at the request and in accordance with the instruction of the buyer (the applicant) to effect payment (i.e. by making a payment, or by accepting or negotiating bills of exchange) up to a stated sum of money, within a prescribed time limit and against stipulated documents. Guaranteed by the issuing banks creditworthiness (the issuing bank undertakes to effect payment) Self-sufficient instrument: the L/C is issued on the basis of the sales contract but independent of it. Dealing with documents: under a L/C, banks deal with documents other than goods.
Parties to a L/C
applicant or opener: importer or buyer (margin) beneficiary: exporter or seller issuing bank or opening bank: advising bank confirming bank negotiating bank paying bank accepting bank reimbursing bank
Parties to a L/C
PARTY
BUYERS BANK
LETTER OF CREDIT
Uniform Customs and Practice for Documentary Credits (2006 Revision), International Chamber of Commerce, Publication No. 600
Contents of a L/C
draft commercial invoice shipping document (B/L) packing list insurance policy/certificate certificate of origin inspection certificate other documents
Contents of a L/C
General procedure
1. Applying for issuing a L/C in favour of the seller (the beneficiary) by the applicant (the buyer) the application form 2. Issuing and advising the L/C: the issuing bank issues the L/C and transmit it to another bank through which the L/C will be advised to the beneficiary (so that the beneficiary may make necessary preparation for shipping the goods and drafting the documents stipulated in the credit)
General procedure
3. Examining the L/C and presenting the documents by the beneficiary the terms and conditions of the L/C are in accordance with those in the sales contract to contact the applicant and request an amendment of the L/C to present the documents to the negotiating bank for negotiation 4. Examining and negotiating the documents by the negotiating bank
General procedure
5. Examining the documents and making the payment by the issuing bank After negotiation, the negotiating bank presents the documents to the issuing bank for payment. The issuing bank examines the documents and make the payment. the right to recourse the beneficiary 6. Examining the documents and paying to the issuing bank by the applicant
L/C expired L/C overdrawn tenor incorrect draft not endorsed goods description not as per L/C late shipment B/L not on board B/L not endorsed insurance coverage not sufficient
ports incorrect freight payment not as per L/C B/L notify party incorrect insurance policy not negotiable signatures not present certifications absent descriptions not consistent
clean credit
documentary credit
payment is made against documents representing title to the goods and thus making the transfer o title possible
revocable L/C
can be amended or cancelled at any moment by the issuing bank without previous notice
irrevocable L/C
constitutes a definite undertaking of the issuing bank and
can be amended or cancelled by the issuing bank only on condition that all parties concerned
sight L/C
calling for payment on the presentation of the documents either with or without a sight draft
usance/time L/C
a time draft is to be drawn at any length of time (30 days, 60 days)
confirmed L/C
unconfirmed L/C
advised to the beneficiary without adding any other banks
confirmation.
transferable L/C
the beneficiary is allowed to transfer all or part of the proceeds/amount of the L/C to a second beneficiary. (be noted transferable and be transferred only once)
nontransferable L/C
the beneficiary is not allowed to transfer the proceeds of the L/C to another.
Exercises