|
1
|
|
|
2
|
- Introductions & Expectations
|
|
3
|
- Day 1
- Introduction & Overview
- The Global Supply Chain
- The Players in the Export Process
- Incoterms
- Classification – Schedule B
- Export Controls
- Export Compliance
- Day 2
- Documentation
- Shipping
- Insurance
- Payment Strategies
- Foreign Corrupt Practices Act
- Free Trade Agreements
- Drawbacks
- Exporting Resources
|
|
4
|
- Operational
- Financial
- Currency fluctuations
- Collection exposure
- Expensive and burdensome remedies
- See operational and administrative issues
- Administrative
- Customer Service
- Language
- Currency
- Convenience
- Sales
- Distance to market
- Distance to client
- Language
- Culture
|
|
5
|
- New markets
- Increased sales
- Broader exposure
- New business partnerships
|
|
6
|
- Logistics
- Transportation
- Weather
- Customs
- Cultural
- Language
- The way business is done
- Financial
- Payment considerations
- Terms of sale
- Foreign currency exposure
|
|
7
|
- Stick around for the next two days and we’ll see what we can come up
with.
|
|
8
|
|
|
9
|
|
|
10
|
|
|
11
|
|
|
12
|
- Starting with unprocessed raw materials and ending with the final
customer using the finished goods, the supply chain links many companies
together.
- The material and informational interchanges in the logistical process
stretching from acquisition of raw materials to delivery of finished
products to the end user. All vendors, service providers and customers
are links in the supply chain.
- Supply Chain Management encompasses the planning and management of all
activities involved in sourcing and procurement, conversion, and all
Logistics Management activities. Importantly, it also includes
coordination and collaboration with channel partners, which can be
suppliers, intermediaries, third-party service providers, and customers.
In essence, Supply Chain Management integrates supply and demand
management within and across companies.
|
|
13
|
|
|
14
|
- Logistics Management is that part of Supply Chain Management that plans,
implements, and controls the efficient, effective forward and reverse
flow and storage of goods, services and related information between the
point of origin and the point of consumption in order to meet customers'
requirements.
- The management of inventory, at rest or in motion.
|
|
15
|
- Demand Chain – Another name for
the supply chain, with emphasis on customer or end-user demand pulling
materials and product through the chain.
- Value Chain – A series of
activities, which combined, define a business process; the series of
activities from manufacturers to the retail stores that define the
industry supply chain.
|
|
16
|
|
|
17
|
|
|
18
|
|
|
19
|
- Bureau of Industry and Security (BIS)
- The mission of the Bureau of Industry and Security (BIS) is to advance
U.S. national security, foreign policy, and economic interests. BIS's
activities include regulating the export of sensitive goods and
technologies in an effective and efficient manner; enforcing export
control, anti-boycott, and public safety laws; cooperating with and
assisting other countries on export control and strategic trade issues;
assisting U.S. industry to comply with international arms control
agreements; and monitoring the viability of the U.S. defense industrial
base and seeking to ensure that it is capable of satisfying U.S.
national and homeland security needs.
|
|
20
|
- Directorate of Defense Trade Controls (DDTC)
- Advance national strategic objectives and U.S. foreign policy goals
through timely enforcement of defense trade controls and the
formulation of defense trade policy.
- The Directorate of Defense Trade Controls (DDTC), Bureau of
Political-Military Affairs is charged with controlling the export and
temporary import of defense articles and defense services covered by
the United States Munitions List (USML). It has among its primary
missions (a) taking final action on license applications for defense
trade exports and (b) handling matters related to defense trade
compliance, enforcement, and reporting.
|
|
21
|
- Office of Foreign Assets Control (OFAC)
- The Office of Foreign Assets Control administers and enforces economic
and trade sanctions based on US foreign policy and national security
goals against targeted foreign countries, terrorists, international
narcotics traffickers, and those engaged in activities related to the
proliferation of weapons of mass destruction. OFAC acts under
Presidential wartime and national emergency powers, as well as
authority granted by specific legislation, to impose controls on
transactions and freeze foreign assets under US jurisdiction. Many of
the sanctions are based on United Nations and other international
mandates, are multilateral in scope, and involve close cooperation with
allied governments.
|
|
22
|
- Nuclear Regulatory Commission (NRC)
- The NRC's mission is to regulate the Nation's civilian use of
byproduct, source, and special nuclear materials to ensure adequate
protection of public health and safety, to promote the common defense
and security, and to protect the environment.
|
|
23
|
- Drug Enforcement Administration (DEA)
- The mission of the Drug Enforcement Administration (DEA) is to enforce
the controlled substances laws and regulations of the United States and
bring to the criminal and civil justice system of the United States, or
any other competent jurisdiction, those organizations and principal
members of organizations, involved in the growing, manufacture, or
distribution of controlled substances appearing in or destined for
illicit traffic in the United States; and to recommend and support
non-enforcement programs aimed at reducing the availability of illicit
controlled substances on the domestic and international markets.
|
|
24
|
- International Terms of Sale
|
|
25
|
- The word *Incoterms* stands for international commercial terms. The
chosen Incoterm is a term of the contract of sale. Their purpose is to:
- Standardize the trade terms used in international contracts of sale.
- Develop the rules of interpretation for these terms.
- Explain the division of costs and risks between the various parties to
an international sale.
|
|
26
|
- Developed and published by the International Chamber of Commerce
- First edition published in 1936
- Revised every ten years or so
- Preceding revision dating back to 1990
- Current version released in 2000
- improved consistency of application
- updated to reflect current commercial practice
|
|
27
|
- EXW – Ex Works
- FCA – Free Carrier
- FAS – Free Alongside Ship
- FOB – Free On Board
- CFR – Cost and Freight
- CIF – Cost, Insurance & Freight
- CPT – Carriage Paid to
- CIP – Carriage & Insurance Paid to
- DAF – Delivered at Frontier
- DES – Delivered Ex Ship
- DEQ – Delivered Ex Quay
- DDU – Delivered Duty Unpaid
- DDP – Delivered Duty Paid
|
|
28
|
|
|
29
|
|
|
30
|
|
|
31
|
|
|
32
|
- What is Schedule B or the Harmonized System?
- Uniform numbering system to identify commodities in international
trade
- Integrated the TSUSA with the CCCN
- Implemented in the late-1980’s through the General Agreement on
Tariffs and Trade (GATT)
- Divided into 22 sections, and sections into 98 chapters
- 1200 four-digit general headings
- 5200 six-digit international subheadings
- U.S. application further expanded this to 10 digits
|
|
33
|
- Census Bureau Schedule B Export Code Book
|
|
34
|
- Criteria for classification
- General Rules of Interpretation (GRI)
- Six (6) basic principles for applying the tariff in the classification
of your product.
- U.S. Rules of Interpretation
- There is one (1) additional U.S. rule.
|
|
35
|
|
|
36
|
- International Traffic in Arms Regulations (ITAR)
- Export Administration Regulations (EAR)
|
|
37
|
|
|
38
|
- Firearms
- Explosives
- Aircraft and parts
- Protective equipment (pressure suits, helmets, gas masks, etc.)
- Electronics (including communications or navigation equipment)
- Some software
- Many chemicals
|
|
39
|
|
|
40
|
- Specifically designed, developed, configured, adapted, or modified for a
military application, and
- Do not have predominant civil applications, and
- Do not have performance equivalent to those of an article or service
used for civil applications, or
- Specifically designed, developed, configured, adapted, or modified for a
military application, and has significant military or intelligence
applicability such that control under (these regulations) is necessary.
|
|
41
|
|
|
42
|
- I – Non-automatic and semi-automatic firearms to a caliber .50 inclusive
- II – Guns and armament
- III – Ammunition/ordinance
- IV – Launch vehicles, guided missiles, ballistic missiles, rockets,
torpedoes, bombs and mines
- V – Explosives and energetic materials, propellants, incendiary agents
and their constituents
- VI – Vessels of war and special naval equipment
- VII – Tanks and military vehicles
- VIII – Aircraft and associated equipment
- IX – Military training equipment
- X – Protective personnel equipment
- XI – Military electronics
- XII – Fire control, range finder, optical and guidance and control
equipment
- XIII – Auxiliary military equipment
- XIV – Toxicological agents, including chemical agents, biological
agents, and associated equipment
- XV – Spacecraft systems and associated equipment
- XVI – Nuclear weapons, design and testing related items
- XVII – Classified articles, technical data and defense services not
otherwise enumerated
- XVIII – Directed energy weapons
- XIX – [Reserved]
- XX – Submersible vessels, oceanographic and associated equipment
- XXI – Miscellaneous articles
|
|
43
|
- All manufacturers, exporters, and brokers of defense article, defense
services, or related technical data, as defined on the United States
Munitions List, are required to register with the Directorate of Defense
Trade Controls (DDTC).
- License applications can be filed by traditional methods or
electronically via the Electronic Licensing Entry System (ELLIE).
|
|
44
|
|
|
45
|
- Check the Export Administration Regulations (EAR)
- Export Administration is part of the U.S. Dept. of Commerce
|
|
46
|
|
|
47
|
|
|
48
|
- Key steps to follow
- Is your item subject to the EAR?
- Get your Export Control Classification Number (ECCN) from the Commerce
Control List (CCL) if applicable
- Check for license exceptions
- Check the Commerce Country Chart
- Check the various restricted entity lists
|
|
49
|
- Does your commodity have an Export Control Classification Number?
|
|
50
|
- Items in the Commerce Control List are identified with Export Control
Classification Numbers (ECCN’s)
- ECCN’s are comprised of digits and letters with significance to each
character position.
- The first character represents the general category.
- The second represents the group.
- The third signifies the reason for control.
|
|
51
|
- The CCL is divided into 10 categories.
- 0. Nuclear Materials, Facilities and Equipment and Miscellaneous
- 1. Materials, Chemicals, “Microorganisms,” and Toxins
- 2. Materials Processing
- 3. Electronics
- 4. Computers
- 5. Telecommunications and Information Security
- 6. Lasers and Sensors
- 7. Navigation and Avionics
- 8. Marine
- 9. Propulsion Systems, Space Vehicles and Related Equipment
|
|
52
|
- Each category is further divided into five groups.
- A. Equipment, Assemblies and Components
- B. Test, Inspection and Production Equipment
- C. Materials
- D. Software
- E. Technology
|
|
53
|
- The types of reasons for control are:
- 0. National Security reasons
- 1. Missile Technology reasons
- 2. Nuclear Nonproliferation reasons
- 3. Chemical & Biological Weapons reasons
- 9. Anti-terrorism, Crime Control, Regional Stability, Short Supply, UN
Sanctions, etc.
|
|
54
|
- A typical ECCN number can look like the following. Please note the
significance of the digits.
- 3 A 9 80
- Electronics; Equipment; Anti-Terrorism; Position on the CCL
|
|
55
|
- NLR – No License Required
- LVS - Limited Value Shipments.
- GBS - Group B Shipments.
- CIV - Civilian End Use.
- TSR - Technology and Software under Restriction.
- TMP - Temporary Export or Import or Re-export.
- RPL - Replacements.
- GOV - Governments and International Organizations.
- GFT - Gift Parcels and Humanitarian Donations.
- AVS – Aircraft and Vessels.
- BAG – Baggage.
- TSU – Technology and Software Unrestricted.
- APR – Additional Permissive Re-Exports.
- ENC – Encryption Commodities and Software.
- AGR – Agricultural Commodities.
|
|
56
|
|
|
57
|
- Entity List
- Specially Designated Nationals and Blocked Persons List
- Unverified List
- Denied Persons List
- Debarred List
|
|
58
|
|
|
59
|
- The good news is that most items do not require a license.
|
|
60
|
- Form BIS-748P Multipurpose Application Form
- by fax 202.482.3617
- by phone 202.482.3617
- by mail: U.S. Dept. of Commerce Office of Exporter Services, P.O. Box
273, Washington, D.C. 20044
- Online through the Simplified Network Application Process (SNAP)
|
|
61
|
|
|
62
|
- Compliance Overview
- Know Your Customer
|
|
63
|
- Export Management Systems (EMS)
|
|
64
|
|
|
65
|
- Transshipment Country Export Control Initiative (TECI)
|
|
66
|
- Guiding Principles of Best Practices
- Industry and government should work together to foster secure trade
that reduces the risk of diversion of items subject to export controls.
- Secure trade will reduce the diversion of dual-use items to prohibited
end-uses, end- users, and destinations.
- Secure trade will encourage the more expeditious movement of legitimate
trade through borders and ports.
- Industry can achieve secure trade objectives through appropriate export
management practices.
|
|
67
|
- After discussions with private industry, BIS put forward the following
12 best practices for Transit, Transshipment, and Re-export of Dual-Use
Items
Subject to the Export Administration Regulations.
|
|
68
|
- Best Practice #1. Each Company should develop a written policy against
allowing its exports or services to contribute to terrorism or programs
of proliferation concern.
- Best Practice #2. Each Company should identify one person, who reports
to the Company’s Chief Executive Officer, General Counsel, or other
senior management official, as the ultimate party responsible for
oversight of the Company’s export control compliance program.
- Best Practice #3. Each Company should create an export control
compliance program. A Company should integrate this compliance program
into its overall regulatory compliance, security, and ethics programs.
|
|
69
|
- Best Practice #4. Each Company should ensure that relevant Company
personnel receive regular training in export control compliance
responsibilities.
- Best Practice #5. An Exporter/Re-exporter should seek to utilize only
those Trade Facilitators/Freight Forwarders that also observe these best
practices.
- Best Practice #6. An Exporter/Re-exporter should communicate the
appropriate Export Control Classification Number (ECCN) or other
classification information for each export/re-export to the end-user
and, where relevant, to the ultimate consignee. An Exporter/Re-exporter
should also make such ECCN available to the Trade Facilitator/Freight
Forwarder, if it is not otherwise accessible by the Trade
Facilitator/Freight Forwarder.
|
|
70
|
- Best Practice #7. A Company should screen all parties to proposed
transactions for the presence of parties who are: are subject to an
order denying export privileges; on the Unverified List; on the Entity
List; or on any list of U.S. Government sanctioned parties, and should
maintain a record of such screening.
- Best Practice #8. A Company should screen all exports/re-exports against
a list of embargoed destinations, and should maintain a record that such
screening was performed.
- Best Practice #9. With respect to transactions to, from, or through
transshipment hubs, Exporters/Re-exporters should take appropriate steps
to know who the end-user is and to determine whether the item will be
re-exported or incorporated in an item to be re-exported.
|
|
71
|
- Best Practice #10. With respect to transactions to, from, or through
transshipment hubs, Companies should have in place compliance and/or
business procedures to be immediately responsive to theft or
unauthorized delivery. This include procedures to ensure that the item
exported has reached the proper end-user, such as documented
confirmation.
Best Practice #11. With respect to transactions to, from, or
through transshipment hubs, Companies should pay heightened attention to
the Red Flag Indicators on the BIS Website and in the “Know Your
Customer Guidance” set forth in Supplement 3 to Part 732 of the EAR.
Best Practice #12. When a Company encounters a suspicious
transaction, such as those outlined in the “Know Your Customer” Guidance
and Red Flags, it should inquire further and attempt to resolve any
questions raised by the transaction. If the circumstances can be
explained or justified, then it may proceed with the transaction. If
there continue to be reasons for concern after the inquiry, the Company
should refrain from the transaction. If the transaction is determined to
involve a potential or actual violation of the EAR, the Company should
contact BIS or another U.S. law enforcement agency immediately and
maintain all relevant records.
|
|
72
|
- Where the rubber meets the road.
|
|
73
|
- Every country requires a commercial invoice of some sort. This is the
primary document used in international trade. This document contains, at
minimum, the name and address of the shipper, the name and address of
the consignee, a description of the goods and the price at which they
are being sold.
|
|
74
|
|
|
75
|
- Another common document is called a packing list. This document
specifies what you are shipping, how it is marked and packaged, and the
weights and dimensions of the goods. It is important for the consignee
from a handling and receiving perspective.
|
|
76
|
|
|
77
|
- For most countries, a standard certificate of origin is usable. This
form attests to the country of manufacture of the goods you are
shipping. It should be considered a standard document to use for all
exports, regardless of the country of destination.
|
|
78
|
|
|
79
|
- Used to validate that the item shipped is a product of one of the NAFTA
countries, viz.
- Canada
- Mexico
- United States
|
|
80
|
|
|
81
|
- The U.S. Government, for most exports, requires only one document - the Shipper’s
Export Declaration. This is commonly referred to as an export dec or SED.
The government uses the data collected from this document to assess
what, how much and to where we export.
|
|
82
|
|
|
83
|
- AESDirect is the U.S. Census Bureau's free, Internet based system for
filing Shipper's Export Declaration (SED) information to the Automated
Export System (AES). It is the electronic alternative to filing a paper
SED, and can be used by U.S. Principal Parties in Interest (USPPIs),
forwarders, or anyone else responsible for export reporting.
|
|
84
|
- Streamlines the export reporting process by reducing the paperwork
burden on the trade community
- Reduces costly document handling and storage, and ensures that export
information is filed in a timely manner.
- Improves the quality of the export trade statistics, helping the Census
Bureau provide the Government and the public more accurate information.
- By the end of 2005, you probably will have to.
|
|
85
|
- Thee primary uses
- Quotation
- Information to obtain an import license
- In lieu of a commercial invoice at time of importation into the United
States.
- A bond is given for production of the required invoice not later than
120 days from the date of entry.
|
|
86
|
|
|
87
|
- Getting from here to there
|
|
88
|
|
|
89
|
- Transportation and logistics intermediaries typically offering the
following services
- Freight consolidation
- Document preparation
- Banking services
- Cargo insurance
- Door-to-door capability
- Shipment visibility
- Customs brokerage
- Warehousing
- Export packing
|
|
90
|
- BAX Global
- DHL Danzas
- EGL
- Exel
- Expeditors
- GeoLogistics
- Kuehne & Nagel
- Menlo Forwarding (UPS SCS)
- Panalpina
- Schenker
|
|
91
|
- Container Ships
- Bulk Carriers
- Ro-Ro Vessels
- Break-Bulk
|
|
92
|
- APL
- COSCO
- Evergreen
- Hapag-Lloyd
- Maersk Sealand
- P&O Nedlloyd
- OOCL
- Zim Container
|
|
93
|
- Pre-carriage – Trucking to port
- Terminal Handling (THC) – movement at pier
- Loading
- Ocean Freight (line haul)
- Bunker Adjustment Factor (BAF)
- Currency Adjustment Factor (CAF)
- Peak Season Surcharges (PSS)
- Terminal Handling (THC) – movement at pier
- Unloading
- On-Carriage – Trucking to destination
- Assorted other minor charges
|
|
94
|
- Full containers (FCL) are priced at a flat fee per box.
- LCL (less than container load) is priced by the weight or the measure
(W/M) of the shipment, whichever produces the greater revenue for the
carrier.
- Weight or measure (W/M) represents 1,000 kgs. or 1 m3.
- $30 W/M would mean you would pay $30 per 1,000 kgs. or per cubic meter,
whichever produces the greater revenue for the carrier.
|
|
95
|
- All major commercial airlines
- FedEx
- UPS
- BAX Global
- DHL
- Polar Air
- Atlas Air
|
|
96
|
- The line haul rate (airport to airport) is generally priced on a cost
per kilo basis.
- Typically, the higher the weight, the lower the cost per kilo.
- The most common weight breaks are:
- Minimum,<100kg, >100kg, >300 kg, >500kg, >1,000kg,
>1,500kg.
|
|
97
|
- Contender selection
- RFQ (Request for Quote)
- Bid analysis
- Supplier interviews
- Supplier selection
- Implementation
- Follow-up
|
|
98
|
- Hazardous materials transportation is a complex, highly regulated
process that requires formalized training and strict compliance with the
applicable regulations.
- Before you ship any hazardous materials, you must be formally trained.
- If you ship hazmat, and you are not formally trained, stop what you are
doing and get trained immediately. There is both corporate and personal
liability involved here if it is discovered that you are not complying
with the law.
|
|
99
|
- There are nine major classes of hazardous materials:
- Class 1 - Explosives
- Class 2 - Gases
- Class 3 - Flammable Liquids
- Class 4 - Flammable Solids/Spontaneously Combustible/Dangerous When Wet
- Class 5 - Oxidizers/Organic Peroxides
- Class 6 - Poisons/Infectious Substances
- Class 7 - Radioactives
- Class 8 - Corrosives
- Class 9 - Miscellaneous
|
|
100
|
|
|
101
|
|
|
102
|
- Don’t leave home without it…
|
|
103
|
- If it is their responsibility, the exporter should either obtain its own
policy or insure the cargo under a freight forwarder's policy for a fee.
- Shipments by sea are covered by marine cargo insurance.
- Air shipments may also be covered by marine cargo insurance or insurance
may be purchased from the air carrier.
- Export shipments are usually insured against loss, damage, and delay in
transit by cargo insurance.
- Carrier liability is frequently limited by international agreements.
- The coverage is substantially different from domestic coverage.
- Arrangements for insurance may be made by either the buyer or the
seller, in accordance with the terms of sale.
- Coverage is usually placed at 110 percent of the CIF (cost, insurance,
freight) or CIP (carriage and insurance paid to) value.
|
|
104
|
- Average
- General Average
- A legal requirement that all parties in a voyage contribute
proportionately to cover expenses incurred as a result of damage to a
ship and/or its cargo.
- Particular Average
- Partial or total loss or damage to a single shipment, caused by a peril
that does not cause a loss to other cargo in general or to the vessel.
The opposite of general average.
- Peril
|
|
105
|
- Free of Particular Average (FPA)
- Minimum coverage.
- Limited to general average and risks that affect the vessel and
multiple shipments, e.g. fire, boiler burst, vessel structural defects,
explosion, stranding, sinking, and navigational errors.
- Only losses directly caused by these few types of perils are covered.
|
|
106
|
- With Particular Average (WA)
- Adds partial losses for heavy weather, lightning, sea water, and
jettison to the perils covered by FPA.
- All Risk
- Broadest coverage
- Adds water damage, ship’s sweat, steam, condensation, damage by hook,
improper stowage, theft, pilferage, mud & grease, non-delivery,
breakage, and leakage to the with particular average perils.
- War Risk
- Strikes, Riots & Civil Commotion
|
|
107
|
- Toto, I have a feeling we’re not in Kansas anymore…
|
|
108
|
- Payment before shipping
- Payment with order
- Cash in Advance
- Never use the CIA abbreviation
- Strongly favors the seller
- Open Account
- Same as in U.S., but with far greater risk
- Strongly favors the buyer
|
|
109
|
- Letter of Credit
- Normally referred to as an L/C
- The most common method of reducing payment risk in international sales
transactions.
- A conditional undertaking by a bank, issued in accordance with the
instructions of the account party, addressed to or in favor of the beneficiary.
The bank promises to pay, accept, or negotiate the beneficiary’s draft up
to a certain sum of money, in the stated currency, within the
prescribed time limit, upon the presentation of stipulated documents.
- Any errors in the execution of the L/C are called discrepancies.
|
|
110
|
- Types of Letters of Credit
- Documentary letter of credit
- Guarantee from a financial institution that permits beneficiaries to
draw payment(s) when producing documentation conforming to the
detailed requirements contained therein.
- Standby letter of credit
- Guarantee from a financial institution that permits beneficiaries to
draw payment(s) without the need of providing documentary evidence
that certain tasks have been accomplished.
|
|
111
|
|
|
112
|
|
|
113
|
- Factoring
- Selling short-term accounts receivable at a discount.
- Forfaiting
- Selling longer-term accounts receivable or promissory notes at a
discount. Usually applies to large export transactions.
- Bill of Exchange/Direct Collection
- Mechanically similar to L/C without the bank guarantee.
|
|
114
|
- Export Credit Insurance
- Commercial and country risk insurance on export receivables.
- Coface North America – www.coface.com
- Euler ACI – www.eulergroup.com
- FCIA – www.fcia.com
- Electronic Transactions
- Web-based communities where members can settle payment.
|
|
115
|
- The FCPA makes it unlawful to bribe foreign government officials to
obtain or retain business. With respect to the basic prohibition, there
are five elements which must be met to constitute a violation of the
Act:
- The FCPA potentially applies to any individual, firm, officer,
director, employee, or agent of a firm and any stockholder acting on
behalf of a firm.
- The person making or authorizing the payment must have a corrupt
intent, and the payment must be intended to induce the recipient to
misuse his official position to direct business wrongfully to the payer
or to any other person.
- The FCPA prohibits paying, offering, promising to pay (or authorizing
to pay or offer) money or anything of value.
- The prohibition extends only to corrupt payments to a foreign official,
a foreign political party or party official, or any candidate for
foreign political office. A "foreign official" means any
officer or employee of a foreign government, a public international
organization, or any department or agency thereof, or any person acting
in an official capacity.
- The FCPA prohibits payments made in order to assist the firm in obtaining
or retaining business for or with, or directing business to, any
person.
- The FCPA contains an explicit exception to the bribery prohibition for
"facilitating payments" for "routine governmental
action“.
|
|
116
|
- North American Free Trade Agreement (NAFTA)
- Trade between U.S., Canada, Mexico
- Effective 1994
- Goal is totally free trade in NAFTA-eligible goods among the three
countries by 2008
- U.S. - Israel Free Trade Agreement
- Effective 1985
- As of January 1, 1995, all eligible reduced rate imports from Israel
were accorded duty-free treatment
- U.S. - Jordan Free Trade Agreement
- Signed December 2001
- Free Trade area by 2011
|
|
117
|
- U.S. - Singapore Free Trade Agreement
- Effective January 15, 2003
- Singapore guarantees zero tariffs immediately on all U.S. goods, and
the FTA ensures that Singapore cannot increase its duties on any U.S.
product. For Singapore products entering the U.S. market, duties are
phased-out at different stages, with the least sensitive products
entering duty-free upon entry into force of the FTA and tariffs on the
most sensitive products phased-out over a ten-year period.
|
|
118
|
- U.S. – Chile Free Trade Agreement
- Effective January 1, 2004
- On that date, tariffs on 90% of U.S. exports to Chile and 95% of
Chilean exports to the United States were eliminated. Chile is
currently ranked as the 36th largest export market for the United
States.
- U.S. – Australia FTA
- Signed May 18, 2004
- Will eliminate more than 99 percent of manufactured goods tariffs
between the two countries from day one, open services and agricultural
markets, and further deepen their already strong economic ties.
|
|
119
|
- U.S. - Central America Free Trade Agreement (CAFTA)
- Signed May 28, 2004
- More than 80 percent of U.S. exports of consumer and industrial goods
will become duty-free in Central America (Costa Rica, El Salvador,
Guatemala, Honduras, and Nicaragua) immediately, with remaining tariffs
phased out over 10 years. Key U.S. export sectors will benefit, such as
information technology products, agricultural and construction
equipment, paper products, chemicals, and medical and scientific
equipment.
- Most Central American goods already enter the U.S. duty-free. Under the
Caribbean Basin Initiative (CBI), other U.S. preference programs, and
MFN duty-free trade, nearly 77% of regional imports entered the U.S.
duty-free in 2003. A free trade agreement would be reciprocal, giving
U.S. goods duty-free treatment in Central America.
- Dominican Republic to be added.
|
|
120
|
- U.S. – Bahrain FTA
- Signed September 14, 2004
- 100% of bilateral trade in consumer and industrial products will
become duty-free immediately upon entry into force of the Agreement.
- Bahrain will provide immediate duty-free access for U.S. agricultural
exports in 98% of agricultural tariff lines. Bahrain will phase out
tariffs on the remaining products within ten years.
- The U.S. will provide immediate duty-free access on 100% of Bahrain’s
current exports of consumer, industrial, and agricultural products to
the United States. The United States will phase out remaining tariffs
under the Agreement within ten years.
|
|
121
|
- Drawback is a refund of the duty paid (less 1% retained by U.S. Customs
as a processing fee) which may be claimed if the imported merchandise is
subsequently exported from the United States. The most common types of
duty drawback are:
- Manufacturing – Drawback may be claimed on an exported article that has been manufactured from
imported merchandise. You can also substitute domestically produced
merchandise of the same kind and quality (fungible) as the imported
duty-paid merchandise in the process of manufacture of and exported
product being claimed for drawback.
- Unused – Drawback may be claimed on duty-paid merchandise that is
exported from the U.S. without having been used in a process of
manufacturing.
- Rejected merchandise – Drawback may be claimed on merchandise which
does not conform to sample or specification, if it is exported under
Customs supervision.
|
|
122
|
- Benefits
- Manufacturers and exporters who take advantage of drawback are able to
compete more effectively in foreign markets. How?
- Cash flow and profits are substantially improved because drawback
reduces the cost of imported materials by the amount duty paid.
|
|
123
|
- Bureau of Industry and Security - http://www.bis.doc.gov/index.htm
- Export Administration Regulations - http://www.access.gpo.gov/bis/ear/ear_data.html
- Export Basics - http://www.export.gov/exportbasics/index.html
- Basic Guide to Exporting - http://www.unzco.com/basicguide/index.html
- Export Control Basics - http://www.bis.doc.gov/Licensing/ExportingBasics.htm
- Export.gov - http://www.export.gov/
- Schedule B Search Engine - http://www.census.gov/foreign-trade/schedules/b/index.html
- Trade Information Center – Tariff & Tax Information - http://www.trade.gov/td/tic/tariff/index.html
- BIS Export Management Systems - http://www.bis.doc.gov/exportmanagementsystems/default.htm
- CLM Logistics Glossary - http://www.cscmp.org/Downloads/Resources/glossary03.pdf
- Export Info – http://www.xport.info/
- AESDirect – http://www.aesdirect.gov/
|
|
124
|
|
|
125
|
|