Shipping Solutions News
  April 2004
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In This Month's Newsletter:

7.5 Million Reasons to Start an Export Compliance Program

Negotiating for the
Long Term

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7.5 Million Reasons to Start an Export Compliance Program

After imposing fines of just $93,000 in civil penalties in 2002, the Bureau of Industry and Security (BIS) leveled fines of more than $7.5 million against U.S. companies for violating export regulations in 2003, according to an article in the May 2004 issue of IOMA’s Report on Managing Exports.

This dramatic increase in export enforcement is continuing in 2004 with the announcement of several more large settlements:

  • Molecular Probes of Eugene, Oregon, agreed to pay $266,750 for exporting toxins without the required export licenses from the Department of Commerce.
  • New Focus, Inc. of San Jose, California, agreed to pay $200,000 for shipping amplifiers to the Czech Republic, Singapore and Chile without the required export license. In addition, they violated the “deemed export” provisions of the Export Administration Regulations for sharing controlled technology with Iranian and Chinese nationals.
  • Emcore Corporation of Somerset, New Jersey, agreed to pay $400,000 for exporting controlled products to Taiwan without the required export licenses, failing to file a Shipper’s Export Declaration (SED), and failing to retain certain export documents.

In this age of increased enforcement, it is more important than ever that all companies involved in exporting ensure that they have a policy in place to ensure compliance with export regulations and that all company employees involved in the export process are adequately trained.

BIS has published a list of basic export control procedures that all companies should be familiar with. The BIS summarizes their suggested program with the following six steps:

  1. Ensure that your export is under U.S. Department of Commerce jurisdiction.
  2. Classify your item by reviewing the Commerce Control List.
  3. If your item is classified by an Export Control Classification Number (ECCN), identify the reasons for control on the Commerce Control List.
  4. Cross-reference the ECCN Controls against the Commerce Country Chart to see if a license is required. If yes, determine if a License Exception is available before applying for a license.
  5. Ensure that no proscribed end-users or end-uses are involved with your export transaction. If proscribed end-users or end-uses are involved, determine if you can proceed with the transaction or must apply for a license.
  6. Export your item using the correct ECCN and the appropriate symbol (e.g., NLR, license exception, or license number and expiration date) on your export documentation (e.g., Shipper’s Export Declaration).

Shipping Solutions Professional export documentation and compliance software helps companies meet their documentation and compliance responsibilities. Not only does the software make completing the export forms easy, it allows users to determine what documents they need for their exports, screens their products against the Export Administration Regulations to help determine if they need to apply for an export license, and screens all the parties in their export transactions against 16 different restricted party lists.

It’s not unusual for companies to pay $2,500 per year per user for a similar level of export compliance screening, but Shipping Solutions Professional offers the Export Compliance Module free of charge to all Annual Maintenance Program subscribers.

To download a free demo version of the software, visit the Shipping Solutions Professional website or call 1-888-890-7447.

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Negotiating for the Long Term

By Joe Robinson email | bio

In the international arena, those who are most successful in the long term are those whose negotiating skills consistently produce favorable outcomes for all sides.

We have all heard the phrase “closing the deal.” I prefer the more positive phrase “making” or “structuring” the deal. This infers agreement rather than a mandate. Something that is closed assumes a degree of finality, whereas the term making or structuring something conveys a constructive dynamic that tends to grow and prosper. There is a perceived benefit in the deal for all sides.

I do not like the term “win-win” in international parlance because there are often more than two parties to a commercial transaction. A typical example is the every day selling and buying of products involving the manufacturing exporter, the buying importer, and the agent representative. All three parties need to benefit for long-term success.

Webster’s Dictionary defines negotiating as “conferring, discussing, or bargaining to reach agreement.” Those things that are agreed upon tend to do better than what is mandated or dictated.

Don’t misunderstand me. I still believe that the marketing sales manager for the exporter should strive to position himself to make the best agreement possible for his company. To do this, he needs to practice good negotiating skills and techniques.

One of the first negotiating skills is to develop the habit of understanding the background and position of your buyer. Do as much research as possible. Being prepared means to know where your buyer is coming from. Know your customer’s needs so you can fulfill them. For example, is quality and durability top on your customer’s list? Is quick delivery a top priority? Or is pricing the number one consideration of your customer?

Do a competitive assessment to ascertain your relative position. When I went to the south of the Philippines many years ago, I was the only international supplier who showed up, so my position and leverage was much better than in Japan where I had competitors from several countries.

Do not overlook the importance of relationship. I received a large contract from a major Chinese conglomerate even though I was high bidder against both a Japanese and an English competitor. In my negotiating package, I offered to train four Chinese technicians for two weeks. My competitors overlooked this enticing aspect of the offer. I simply increased my price to cover the added costs of hotel, meals and ground transportation.

Part of the training was a three-day tour of Washington, D. C. with me acting as tour guide. I also enjoyed the trip, fully paid, of course, courtesy of my company!

We Americans tend to come from a one-price culture where, unlike other cultures, people learn to negotiate at an early stage. Prior to my first trip to China, I convinced my president and controller to let me increase all our prices by 30 percent. I then created an “official” price list in an attractive wire-bound book. I realized that from a psychological aspect, the Chinese absolutely had to bargain for the best possible discount.

They began the process asking for a fifty percent reduction in my price. I countered by conceding 10 percent. We ultimately settled for a 23.5 percent price reduction that was 6.5 percent above our domestic price. We both felt good about the outcome.

One word of caution on pricing: do not create official pricing that is below your domestic pricing. This may cause you to violate anti-dumping laws that could cause serious negative consequences for your company. Besides, it is more fun to increase prices rather than reduce them.

In negotiating, be aware of the time factor. Do not tell your customer upon arriving when you are scheduled to leave. In my example of the China negotiation I introduced above, a purchasing agent from the company I was negotiating with asked if he could reconfirm my return flight. I thanked him, and advised him that I had taken care of this and planned to leave at noon in two days.

On the morning of the second day, the request for price reduction and other concessions became more intense. Just before noon, the purchasing agent reminded me that I needed to conclude the deal and get to the airport in order to make my flight. I told him that I had moved my flight to the next day. This surprised the entire team and especially the factory manager, who needed to catch a train out of Beijing at 2:00 that afternoon.

In this very moment, the position and leverage shifted to my favor. That evening at a dinner reception, the Chinese presented me with a purchase order that exceeded my boss’s expectations.

When you negotiate, be careful about language and word meaning. It is better to ask what, when and how questions rather than yes/no questions. For example, asking Japanese if your delivery schedule is acceptable, he might say “yes” meaning “Yes, I hear you.” The Japanese do not like to say no. It is impolite to do so. A better situation is to ask: “What timeframe is preferable to you for delivery?”

Additional techniques for successful negotiations include initially aiming high; making concessions slowly and in small increments; being aware of deadlines; avoiding the “take it or leave it” offer that may result in deadlock or damage a relationship; utilizing the very best interpreter you can find; developing an appreciation and tolerance for patience; and including potential small aspects in your offer that you can concede as a token of good faith in arriving at a profitable and agreeable yes.


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Thousands of successful exporters are using Shipping Solutions to complete their export documents faster, easier and less expensively than ever before. Why aren't you?

If you're too busy trying to complete your export documents by hand to spend some time reviewing the Shipping Solutions Professional export documentation and compliance software yourself, let us do it for you! Sign up for one of our free online demos and let us give you a one-hour overview of the software.

We'll take you step-by-step through the process of completing your export forms, filing your SEDs electronically through AES, and checking your exports against the various government restricted parties lists and export regulations to make sure your shipments are in compliance, and you—and your company—stay out of trouble.

These free online demos are available on Tuesday's at 1:00 Central Time. All you need is an Internet connection to watch the demo and a phone to listen in and ask questions about the software. It's the perfect opportunity to get your first view of Shipping Solutions or to convince your coworkers and your boss that Shipping Solutions is the perfect solution for your company.

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