Shipping Solutions News
  February 2007
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In This Month's Newsletter:

Required Documents in an Export Transaction

Letters of Intent: A Rose is a Rose is a Rose...

Sign Up for a FREE Online Demo of Shipping Solutions Export Software

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Air & Ocean Transportation: Logistics Management for the International Supply Chain

Charlotte, NC
3/14/07

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4/12/07

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3/28/07

Houston, TX
3/7/07

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4/25/07

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3/14/07

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4/20/07

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2/28/07

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4/25/07

Export Documentation & Procedures Seminar

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3/7/07

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3/12/07

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4/11/07

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4/2/07

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3/27/07

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3/5/07

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4/24/07

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3/13/07

Minneapolis, MN
4/18/07

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2/26/07

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4/23/07

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4/11/07

Letters of Credit and Alternative International Payment Methods Seminar

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3/8/07

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3/13/07

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3/26/07

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3/6/07

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4/23/07

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4/19/07

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2/27/07

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4/24/07

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NAFTA Rules of Origin Seminar

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3/22/07

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3/16/07

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3/28/07

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4/4/07

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3/30/07

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3/7
/07

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3/2/07

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4/25/07

Tariff Classification: Using the Harmonized Tariff Schedule Seminar

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4/3/07

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3/29/07

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3/6/07

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4/24/07

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3/1/07

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4/13/07

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Required Documents in an Export Transaction

By Catherine J. Petersen email | bio

This article will discuss documentation that will assist you in getting paid and resources for understanding what documentation your customers might require in order to pay you. Whether the payment is to be made by cash in advance, open account, documentary collection/cash against documents, or letter of credit, the quotation process is the same.

The quotation should follow a standard format that includes the terms of payment, the international trade term under Incoterms 2000, terms and conditions of the transaction, where ownership will transfer, value of the goods, country of origin, expiration date of the quotation, and other details that are specific to your product or transaction. There is a sample quotation at the Minnesota District Export Council website.

The quotation is the offer, and the purchase order is the confirmation of order acceptance. When providing a quote to a customer you will need to consider the customer’s credit history. You will also need to determine what documents are required for Customs clearance in your customer’s country.

It is during this exchange of information, along with your knowledge about a potential customer’s credit history and political and financial risk, that you will determine what documents are required for Customs’ clearance in the buyer’s country.

You will typically be required to provide the following documents in order to clear Customs in your customer’s country:

  • Commercial invoice,
  • Packing list,
  • International bill of lading (air waybill, ocean bill of lading, rail bill of lading or truck bill of lading),
  • Certificates of origin as needed, and
  • Other documentation as specified.

You can find out what documents and other information you need to provide from:

  • The buyer,
  • The freight forwarder handling the transaction,
  • The Bureau of National Affairs through a subscription available at their website,
  • The U.S. Department of Commerce at the U.S. Export Assistance Center offices,
  • The Journal of Commerce through a subscription at their website,
  • Courier companies have lists of documentary requirements by country posted at their websites under their "international transaction" portals,
  • Export software programs, and
  • The embassy of the buyer’s country.

For example, if you have a customer in Saudi Arabia, there are additional documents that are needed by your customer. The Saudi Embassy posts documentation requirements at it website.

In this example, all commercial documents, e.g. shipment of goods certificates, certificates of origin, invoices, vessel navigation certificates, bills of lading, insurance certificates, and market price certificates, must be authenticated by the U.S.-Saudi Arabian Business Council and then the Consulate Section of the Royal Embassy of Saudi Arabia. Other countries will have different document requirements and procedures.

Regardless of what country you are exporting to, the documentation prepared by the seller for the customer is critical to the buyer’s ability to easily clear Customs when the goods arrive at the agreed delivery point in the buyer’s country.

The table below summarizes commercial and regulatory uses of the documentation that companies prepare to support international commercial transactions. Each document requested by the foreign purchaser of goods is usually needed to meet government or financial institution requests or requirements. If the documentary request or requirement seems unlikely or unusual, qualify the requirement by seeking information from reliable sources, such as the Bureau of National Affairs publications, the U.S. Export Assistance Center, or the Commercial Attaché for the country in question.

Form
Invoice
Packing List
Bill of Lading
Certificate of Origin
Type of Information
Itemize product, value, HTS number, country of origin
Itemize packaging including certification relative to the type of packaging and ISPM15
Carriage contract
Issued in support of a free trade agreement such as NAFTA or to identify country of origin
Purpose of Form
Title document
Product by package
Supports title transfer
Proof of origin for resale
Why It’s Needed
Supports insurance claims
Supports insurance claims
Supports insurance claims
Potential duty relief
How It’s Used
Customs clearance for both import and export
Customs clearance for both import and export
Customs clearance for both import and export
Customs clearance for both import and export
Document Retention
Export record keeping
Export record keeping
Export record keeping
Export record keeping

In my next article I’ll describe payment options for international transactions.


Letters of Intent: A Rose is a Rose is a Rose...

By Mary K. McCormick email | bio

I’ve encountered several legal myths in my career—firmly held beliefs about what is legal and what is not. One that keeps popping up regularly is the belief that putting the title of "Letter of Intent" or "Memorandum of Understanding" on a document will automatically make that document non-binding or, preferably, non-binding on the party who wrote the document but binding on the other side.

You can’t have it both ways. A document is either a contract, which describes the agreement and contains essential elements like price, goods or services description and delivery terms and is binding on every person or entity that signs it, or it isn’t a contract since the essential elements of the deal are not finally agreed to and spelled out in the document. A document that falls short of a contract could be some notes on a napkin or a negotiating draft, a Letter of Intent, or a Memorandum of Understanding.

Letters of Intent (LOIs) and Memoranda of Understanding (MOUs) are legally the same thing. They are both expressions of the intent of negotiating parties that fall short of a final agreement that rises to the level of a legal contract. (Other names for the same type of document include Memorandum of Agreement, Heads of Agreement, etc.)

LOI’s and MOU’s are most often used, in my experience, to record the progress made in a negotiation before final agreement is reached. They are useful in a cross-cultural context to make sure that everyone is “on the same page” (literally) and also in long, complex negotiations such as joint ventures that take place over a period of time and may involve multiple negotiators. They could be used to describe cooperative efforts by the parties to generate a market survey in order to determine whether a business plan could be generated to support a joint venture, manufacturing license, or the like. In a large construction deal, they can be used to get a project started before all of the terms are agreed to.

Lawyers don’t like LOI’s and MOU’s. They can be ambiguous documents that lead to confusion and even to court. Very often, someone decides to put the handshake agreement down on paper, and it ends up including all of the essential elements of a contract. Then somebody decides to call it a LOI or MOU thinking that this will magically make it non-binding.

However, most courts won’t look at the title; they will look at whether the essential elements of a contract are set forth in the document. A party trying to avoid being bound by the terms in the LOI/MOU can find themselves a party to a binding contract. A contract by any other name is still a contract.

If you find yourself in a situation where a LOI/MOU is called for or useful, keep the document short and include a statement that it is not a binding agreement and is subject to execution of a final agreement between the parties. Ask your favorite contracts lawyer to look the document over before anything is signed.


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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 Tuesdays at 1:00 p.m. and Thursdays at 10:00 a.m. 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.

See why Shipping Solutions is America's #1 export software. Sign up for the free online demo today!

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