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By Richard Vitas Palaikis II email
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In today’s world we must all be extremely diligent
in our efforts to ensure that every export transaction is compliant
with the applicable regulations, as well as ensure that all parties
to an export transaction are aware of the fact that they are bound
by United States export laws when exporting merchandise from the
U.S.
The consequences of being found in non-compliance with your export
transactions will have a significant impact on your ability to conduct
transactions in the future as you could be subject to a steep monetary
penalty and/or imprisonment.
Within the past few months, several news reports have surfaced regarding
individuals and companies receiving hefty fines for being found
in non-compliance of applicable laws and regulations governing the
exportation of specific merchandise.
Interestingly enough, the most common violation is the exportation
or re-exportation of merchandise to the Islamic Republic of Iran
by both domestic and foreign companies! Most people should have
a good working knowledge of what the do’s and don’ts
are when it comes to dealing with Iran; no good will come from such
an endeavor as things are right now!
In general, unless licensed by the U.S. Department of the Treasury’s
Office of Foreign Asset Control (OFAC), nothing may be exported,
re-exported, sold or supplied, directly or indirectly, from the
U.S. or by a U.S. person, wherever located, to Iran or the Iranian
government.
Another surprising violation is the exportation or re-exportation
of defense articles, along with commerce controlled electronic devices,
to the People’s Republic of China. Before conducting any transaction
that would involve defense articles or dual-use items, be sure to
consult the Bureau of Industry and Security’s EAR and the
Department of State’s International Traffic in Arms Regulations
(ITAR).
It is in your best interest to ensure that all of the applicable
licenses have been obtained prior to finalizing the transaction.
Doing your homework early will pay off greatly rather than finding
out after the fact that you have made a huge mistake.
Regardless of who you are conducting business with, it should be
your number one priority to ensure that your client is in fact who
they say they are. You should obtain a clear understanding of their
intended purpose for the merchandise, and you must believe that
the intended purpose is legitimate. When working with any client,
be sure that they are well aware of their obligations under the
EAR and ITAR as their mistake could easily become a huge problem
that you have to deal with!
Now is not the time to become complacent with regard to conducting
an export transaction. The federal government is serious about enforcement;
you don’t want to be the next news report about a violation
of export laws and regulations!
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Since the passage of the Customs Modernization Act,
legal responsibility for properly declaring the correct value, classification
and duty rate for imports has shifted from U.S. Customs and Border
Protection to you, the importer.
Customs now informs you of your legal requirements and you must
meet those requirements and supply Customs with timely and accurate
data. If you fail to meet these requirements, you and your company
are at significant risk of fines, penalties and even loss of import
privileges.
It's up to you and your colleagues to stay on top of this changing
landscape. But who's got the time? In these difficult economic times
budgets are being frozen, staffing levels are being cut, and your
workload keeps getting bigger.
That's why International Business Training (IBT) is offering a
series of lunch-time webinars that let you participate from your
desktop computer in live, two-hour presentations on the topics that
are most important to you and your company:
- Import
101: The Basics of Importing (Monday, April 19, 2010)
- Import
201: The Importance of Valuation (Tuesday, April 20, 2010)
- Selecting
the Correct Tariff Classifications for Your Imports (Wednesday,
April 21, 2010)
- The
Import Entry Process (Thursday, April 22, 2010)
- Import
Trade Compliance (Friday, April 23, 2010)
Each two-hour session is held twice a day so both east coast and
west coast attendees can participate over their lunch hours. Of
course, if you've already got lunch plans, we don't mind if you
register for the other session that day.
Each two-hour webinar is only $150 per person, and you'll receive
a copy of the instructor's PowerPoint presentation prior to the
webinar so you can take notes, and we'll mail you a Certificate
of Completion at the end of each webinar. Additional attendees from
your company can attend on the same internet connection for only
$50 each.
Seats for each webinar are definitely limited, so don't delay.
You
can register online or by calling IBT at 1-800-641-0920. You'll
be glad you did!
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By Prema Nakra, Ph.D. email
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India's Unique Value Proposition
India, the world's fastest growing free-market democracy, presents
lucrative and diverse opportunities for multinationals and smaller
manufacturers and marketers with the right products, services, and
commitment. India's infrastructure, transportation, energy, environmental,
health care, high-tech and defense sector requirements for equipment
and services will exceed tens of billions of dollars in the mid-term
as the Indian economy globalizes and expands.
Despite financial turmoil, India's basic premise remains buoyant,
and the country is poised to emerge as one of the largest economies
in the world. Signs of improvement in economic fundamentals are
already visible as inflation has come down, liquidity conditions
are improving and industrial production has gone up. India's value
proposition is reflected in its favorable investment policy, banking
and financial services infrastructure, extensive pool of qualified
engineers and scientists, youthful demographics, affluent and rising
middle class, transformation of rural India, and growing demand
for consumer goods. In this second in a series
of articles I will describe India's unique value proposition.
Future articles will describe the challenges and critical success
factors for operating in India.
Favorable Regulatory Environment
Unlike many big emerging markets, India has a sophisticated commercial
and legal code. Like the others, India has placed economic progress
at the heart of its national policies, and in just the last few
years it has succeeded in opening its economy to the rest of the
world beyond anything that most observers would have imagined possible
in so short a time.
India has taken positive steps towards liberalizing and introducing
private investment and competition in multiple industry sectors.
Its proximity to growing Asian markets makes India an attractive
production and distribution destination for companies worldwide.
Over the past decade, the evolution of knowledge sectors such as
pharmaceuticals, biotech, and information technology (IT) services
has led to the creation of patent laws.
In February 2009, the government of India announced detailed guidelines
on liberal and investor-friendly foreign investment policy. Business
entities with less than 50% foreign ownership will be considered
domestic and allowed to invest downstream in all sectors, without
limitations, seemingly giving foreign investors indirect access
even to sensitive sectors such as retailing and insurance.
Strong Banking and Financial Infrastructure
Already, several major global players such as HSBC, Citibank, Standard
Chartered and GE Money have built a presence in the country. A growing
trend in recent years has been the signing of partnerships or the
creation of joint ventures between foreign institutions in the credit
and debit card payment industry and local Indian banks looking to
expand their credit and debit cards offerings. In April 2009, the
Reserve Bank of India (RBI) lifted restrictions on the activities
of foreign banks making it easier for multinational players to open
branches and acquire domestic banks.
Availability of Knowledge Workers
The durability of India's competitive advantage in terms of the
size of its skilled workforce is secure because of its favorable
demographics and strong tertiary education sector. It has a highly
educated workforce with two million college graduates a year all
of whom speak English. It has excellent international data communications
links and good internet access in the major cities. The Indian Institutes
of Technology or IITs, as they are known around the globe, have
a long history of turning out top engineers. Thousands of their
graduates have flourished in the global technology marketplace,
with a good portion landing in California's bay area. Many have
also stayed home or returned to India to help fuel the world's fastest-growing
tech economy.
Companies such as ABB, Honeywell and Siemens in electrical and electronic
products; Cummins, DaimlerChrysler and Toyota Motor in auto components
and engineering; and Degussa as well as Rohm and Hass in specialty
chemicals operate in skill-intensive industries requiring advanced
technical expertise, areas in which India is likely to become a
primary sourcing and manufacturing base.
Favorable Demographics
India's population, which until quite recently was seen as a potential
liability, is proving to be its greatest asset. The number of Indians
in the working-age group of 15-64 years is forecast to rise from
63% of the population in 2006 to 68% by 2026. India will enjoy a
growing working-age population at a time when other countries (including
China) will face increasing dependency ratios due to aging populations.
Already one fifth of the world's population under 24 years old lives
in India.
The boom in the services sector helped create a relatively affluent
middle class, estimated to be 300 million strong. Rising incomes
and increased access to credit have led to much higher spending
on consumer durables such as cars, phones and other electronic items.
About 40% of India's high-income urban population lives in Mumbai,
Delhi, Calcutta, Chennai and Bangalore. India's middle class is
well educated, world traveled, tech savvy and extremely brand conscious.
Price sensitivity is non-existent in this market segment.
Transformation of Rural India
Large areas of rural India have been transformed into a distinctively
"rurban" landscape, where farm, factory and office exist
side-by-side. Increased purchasing power means that India's 557,137
villages are a large new market. Approximately 70% of radios, bicycles,
mechanical watches, soap and cosmetics are sold and purchased in
rural India. Fifty percent of motorcycles, wrist watches, televisions,
cassette recorders, bicycles, electric irons and packaged tea are
also marketed and purchased in rural India. More than 70 million
mobile phone subscribers live in rural areas. The industry anticipates
compound average annual growth of 18.4% per year until 2012, by
which time there should be over 100 million rural subscribers.
According to McKinsey reports, India's growing market for consumer
goods could reach $400 billion by 2010, making it one of the five
largest in the world. Clothing stores, convenience stores and financial-services
retailers are eagerly establishing their base in these metro areas
to cater to 20 or 25 of the largest cities with populations greater
than a million each.
International marketers, however, face multiple challenges when
venturing into this land of opportunity, which I will describe in
my next article.
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Thousands of successful exporters are using Shipping
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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
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