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Seminars: |
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Air
& Ocean Transportation: Logistics Management for the International
Supply Chain
Charlotte, NC
3/14/07
Cleveland, OH
4/12/07
Grand Rapids, MI
3/28/07
Houston, TX
3/7/07
Louisville, KY
4/25/07
Milwaukee, WI
3/14/07
Minneapolis, MN
4/20/07
Nashville, TN
2/28/07
Saddle Brook, NJ
4/25/07
Export
Documentation & Procedures Seminar
Anaheim, CA
3/7/07
Charlotte,
NC
3/12/07
Cleveland, OH
4/11/07
Detroit, MI
4/2/07
Grand Rapids, MI
3/27/07
Houston, TX
3/5/07
Louisville, KY
4/24/07
Milwaukee, WI
3/13/07
Minneapolis, MN
4/18/07
Nashville, TN
2/26/07
Saddle Brook, NJ
4/23/07
Santa Clara, CA
4/11/07
Letters
of Credit and Alternative International Payment Methods Seminar
Anaheim, CA
3/8/07
Charlotte, NC
3/13/07
Grand Rapids, MI
3/26/07
Houston, TX
3/6/07
Louisville, KY
4/23/07
Minneapolis, MN
4/19/07
Nashville, TN
2/27/07
Saddle Brook, NJ
4/24/07
Santa Clara, CA
4/12/07
NAFTA
Rules of Origin Seminar
Anaheim, CA
3/22/07
Charlotte,
NC
3/16/07
Cleveland, OH
3/28/07
Detroit, MI
4/4/07
Grand Rapids, MI
3/30/07
Louisville, KY
4/27/07
Milwaukee, WI
3/7/07
Minneapolis, MN
4/25/07
Nashville, TN
3/2/07
Santa Clara, CA
4/25/07
Tariff
Classification: Using the Harmonized Tariff Schedule Seminar
Anaheim, CA
3/21/07
Charlotte, NC
3/15/07
Cleveland, OH
3/27/07
Detroit, MI
4/3/07
Grand Rapids, MI
3/29/07
Louisville, KY
4/26/07
Milwaukee, WI
3/6/07
Minneapolis, MN
4/24/07
Nashville, TN
3/1/07
Santa Clara, CA
4/13/07
These one-day seminars are taught by qualified
and knowledgeable instructors in small-group settings. All attendees
receive the corresponding reference book and a Certificate of Completion.
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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.
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.
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 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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