January 2003

You Can Say That Again: Bridging the Language Gap

By Joe Robinson

A few years ago, I worked for a company that was negotiating to purchase a Japanese pharmaceutical firm. We were competing against three other non-Japanese companies in our negotiations.

I was resident country manager at the time, and although I spoke Japanese sparingly, I convinced my company to hire an interpreter for our negotiations. Two of the other three competing companies did not hire their own interpreter, choosing instead to rely solely on the interpreter who worked for the Japanese company.

I further persuaded my company to let me interview several interpreters and, once we hired one, spend several days before the negotiations briefing and instructing him on the nomenclature of our industry, the operations of our corporation, and our strategy and areas of concern during this negotiation.

The result: we purchased the Japanese company for less money than two of our competitors offered.

I learned a few lessons from this successful arrangement. First, screen your potential interpreters before you hire one. Second, train your interpreter beforehand in the language of the industry in which you are operating. Third, coach your interpreter on your strategy and relevant considerations.

Once you begin your meetings where the translator is present, make sure you give your interpreter time to translate one point before you move on to the next. Do not put out many thoughts at once, and do not keep talking while your interpreter tries to repeat what you just said.

The New World Dictionary defines translate: “to put into the words of a different language.” But keep in mind that there are several types of translation.

The first type of translation is informal such as personal emails, memos and notes that are translated from the “source” language into a “target” language. A person bilingual in both languages can usually complete this task.

The second type is the formal translation required for contextually sensitive documents. This necessitates a qualified professional translator. Use formal translation when working with technical brochures, operating manuals, legal documents, memos of understanding, sensitive press releases and, of course, your website. 

A formal translator should exhibit two skills.  First, this person should be a proficient native speaker in the “target” language.  Second, this person should be experienced in the nomenclature of the industry and application of the “target” language.

A localized translation makes sense and flows smoothly to your target audience.  It makes your company look good in the eyes of your customers. It can also help you generate additional sales and reduce complaints or misunderstandings that can cause costly and time-wasting repercussions.

Mr. Robinson's bio

 

Finalizing Your Sales Contract:
Who's Paying for Shipping?

By Catherine J. Petersen

Before you calculate your final selling price and negotiate a sales contract, you and your buyer must agree upon who is responsible for the expense of transporting and insuring the merchandise from the time it leaves your plant or warehouse to the time it arrives at your customer's premises.

To assist in this process, the International Chamber of Commerce (ICC) has created a generally accepted, readily understandable nomenclature called Incoterms 2000 that defines the responsibilities of both the buyer and seller in the various transportation options. Incoterms 2000 is not a body of law. It is an internationally agreed upon protocol for understanding who pays for what, who will produce which documents, when risk transfers, and who selects the carrier and forwarder.

The trade terms do not identify where the transfer of title or ownership occur. You should include a separate statement regarding transfer of title in the body of the contract, the quote, pro forma invoice and commercial invoice.

These international trade terms should not be confused with domestic trade terms, which are governed by a separate set of rules. The domestic terms are under the Uniform Commercial Code adopted by each state.

You can get a better understanding of the differences between domestic and international terms in the following chart:

Domestic International
Transfer of title to the goods presumed by use of term but can be negotiated by seller and buyer. Transfer of title not specified by use of the Incoterms; should be stated separately.
Risk and title transfer are presumed to transfer simultaneously but can be negotiated by seller and buyer. Risk transfer based on Incoterm selected; title transfers based on agreement between seller and buyer.
Five different terms; F.O.B. is the most commonly used term with specified locations stated, and modifications. Thirteen different terms are possible with specified locations stated, i.e. ex-works seller’s warehouse.
Based on Uniform Commercial Code adopted by each state, becoming a state law. An agreement adopted by the International Chamber of Commerce then incorporated into seller and buyer agreements.

One of the best ways to understand Incoterms 2000 is to look at a sample quotation that is completed as if it is ready to be presented to your management team prior to releasing it to your international customer or vendor. Remember, Incoterms have the ability to work for both importers and exporters.

Since Incoterms 2000 is unlike the Uniform Commercial Code, which is a body of law in all of the U.S. except Louisiana, exporters must reference Incoterms 2000 in their commercial documents. One way to do this is to state in the commercial invoice “subject to Incoterms 2000, Trade Term: CIP London, UK.”

Ms. Petersen's bio.


Other Resources:

Important International Trade Links

 Bureau of Industry and Security (formally the Bureau of Export Administration)
 CIA World Factbook
 Federal Maritime Commission
 Import Administration
 International Trade Administration
 International Trade Data System
 NAFTA Customs Website
 Small Business Administration
 Trade Information Center
 U.S.A. Trade Center
 U.S. Census Bureau
 U.S. Customs Service
 U.S. Department of Agriculture
 U.S. Department of State
 U.S. Department of Treasury
 U.S. International Trade Commission
 U.S. Trade Representative

 

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