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Cross border transactions a drafting guide for international sales contracts

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Tiêu đề Cross-Border Transactions: A Drafting Guide for International Sales Contracts
Tác giả International Bar Association
Trường học International Bar Association
Chuyên ngành International Sales
Thể loại project
Năm xuất bản 2015
Định dạng
Số trang 79
Dung lượng 522,8 KB

Cấu trúc

  • I. ARE YOU/YOUR CLIENTS READY TO EXPORT? (5)
  • A. Preparing to Export Goods, Services or Intellectual Property (5)
  • B. Suggestions to Bussiness Persons on Visit to the Export Market (0)
  • C. Financing the Export Program (8)
    • II. SUBSTANTIVE LAW OF SALES (9)
  • A. International Instruments and Principles (9)
    • III. UNIDROIT PRINCIPLES, PRINCIPLES OF EUROPEAN LAW AND (14)
  • A. The UNIDROIT Principles (14)
  • B. Principles of European Law and Principles of European Contract Law (14)
  • C. The Uniform Act Relating to General Commercial Law (OHADA) (15)
  • D. Title Retention/Security Interest Law (15)
  • E. Antitrust/Unfair Competition Laws (16)
    • IV. CURRENCY AND PAYMENT ISSUES (17)
  • A. Currency for Payment (17)
  • B. Payment Mechanisms (17)
  • C. Export Finance and Promotion (18)
  • D. Anti-Bribery and Corruption Laws (19)
  • E. UK Bribery Act 2010 (20)
  • F. Other Similar Enactments (20)
  • G. Money Laundering (20)
    • V. IMPORT/EXPORT REGULATIONS (22)
  • A. Customs (22)
  • B. Foreign Trade Regulations (23)
  • C. Imports (23)
  • D. Exports (26)
    • VI. RESALE REGULATION IN COUNTRY OF EXPORT (27)
  • A. Advertising Restrictions (27)
  • B. Business Ethics/Codes (29)
  • C. Consumer Protection Laws (29)
  • D. Transfer Pricing (30)
  • E. Sale of Goods – Local Restrictions (31)
  • F. Intellectual Property Protection (32)
  • G. Electronic Commerce Issues (34)
    • VII. TAXES (35)
  • A. What Taxes May Apply? (35)
  • B. Tax Treaties (36)
    • VIII. ARBITRATION AND DISPUTE RESOLUTION (37)
  • A. Mediation Rules and Advisability (38)
  • B. Arbitration Rules (38)
  • C. Enforceability of Arbitral Awards (39)
  • D. Other Dispute Resolution Methods (39)
    • IX. SOFT” ISSUES (40)
  • A. Soft Law (40)
    • X. SPECIMEN FORMS OF AGREEMENT FOR USE IN INTERNATIONAL (43)

Nội dung

ARE YOU/YOUR CLIENTS READY TO EXPORT?

Exporting presents significant economic opportunities for companies, but international counsel must guide clients to evaluate their readiness for the challenges of international transactions Clients struggling to maintain profitability in their domestic operations may find exporting unfeasible, especially if they are constrained by their taxed financial and human resources This section offers essential tools to help counsel clients in assessing their export readiness, acquiring necessary export skills, evaluating product competitiveness in new markets, setting clear export objectives, and determining the appropriate legal relationships to achieve their goals It is important to note that this guidance does not replace specific legal advice or research.

Preparing to Export Goods, Services or Intellectual Property

Several government agencies and other entities have published useful overviews or checklists of the issues to be considered in preparing to export These include:

 http://www.tradecommissioner.gc.ca/eng/guide-exporting.jsp - This site of the

Department of Foreign Affairs and Trade Development Canada (DFATD) includes a step-by-step guide to exporting and an export checklist on various major export considerations.

 http://www.sba.gov/content/exporting-and-importing - (U.S Small Business

The website http://www.export.org.uk offers valuable resources for businesses seeking to expand into overseas markets, including access to trade finance guidance, downloadable educational materials on international trade, and online travel advice services Additionally, it provides assistance with technical and documentation issues, as well as the UK's most extensive database of international trade information and verified global connections.

The UK government maintains a valuable website designed to assist businesses with exporting Prospective exporters can easily search for information by country or by their specific business sector, all categorized under the broader topic of exporting.

 http://exportsource.ca/105/165/922/ – This site also provides a basic guide to exporting

 http://www.exporthelp.co.za/assistance/export_guide.html – This website includes a step guide to the export process

 http://www.intracen.org/Exporters/ – This site provides support and training to enterprises It includes a special section for exporters which is divided into different and useful titles

 http://www.intracen.org/itc/exporters/researching-export-markets/ - This site includes contact information about the different associations of importers organized by countries

 http://fita.org/webindex/browse.cgi/International_Transportation_and_Logistics –

This site provides useful information for exporters

For country-specific information, it is essential to consult relevant resources that vary in availability depending on the nation in question Notably, several websites provide valuable links and insights for a range of countries, making it easier to access the information you need.

 http://www.edc.ca/EN/country-info/Pages/default.aspx

 http://www.austrade.gov.au/Country/default.aspx

 http://www.findlaw.com/12international/countries/index.htmland http://export.gov/worldwide_us/index.asp

The Department of Trade and Industry in South Africa offers valuable resources for potential exporters through its dedicated website, which provides assistance on various export-related matters For more information, visit http://www.thedti.gov.za/trade_investment/learn_to_export.jsp.

B Suggestions to Businesspersons on Visit to the Export Market

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Before visiting a country for export purposes, companies should create a comprehensive briefing book for their personnel, detailing the target region and its market opportunities Valuable resources and information can be readily found online to assist in this preparation.

 http://www.intracen.org/ – International Trade Center: Trade Information Index provides links to national trade support institutions and country-specific business information

 http://export.gov/mrktresearch/eg_main_018210.asp – Step-by-Step Approach to

Information about the European Union and its members can be found on several sites, including:

 http://madb.europa.eu/mkaccdb2/indexPubli.htm – the EU Market Access

 http://www.eurofound.europa.eu/emire/emire.htm – The Emire database

The European Employment and Industrial Relations Glossaries provide essential insights into the national industrial relations systems of EU member states through their terminology Key terms such as "agent" and "bankruptcy" are crucial for comprehending and navigating EU markets effectively.

 http://www.abh-ace.be/en/ – website of the Belgian Foreign Trade Board

 http://www.germany.info/ - general information about Germany and its markets, published by the German embassy in Washington, D.C

The German Business Portal offers a comprehensive platform for finding trade contacts and business partners in Germany, along with an overview of the tools, services, and information available from various government and semi-independent organizations in the country.

 http://www.amcham.de/ - website of the American Chamber of Commerce in

Germany offering a wealth of information, including, at its Info Center, market research and information on forming a company in Germany

Information about exporting to the Asian markets can also be found at several websites, including:

 http://www.jetro.go.jp/ – The Japan External Trade Organization (JETRO) website provides guidebooks for export to Japan

The JETRO website offers a free online business partner database, enabling global companies and individuals to explore business proposals and connect with potential partners in Japan.

 http://en.ec.com.cn/ – This website of China International Electronic Commerce

Network contains at http://ep.ec.com.cn/ a database of company names and details to assist export suppliers in expanding their business effectively

 http://english.customs.gov.cn/ – This China Customs government website provides guides to clearance of export goods, export statistics, and information on policy and regulation

 http://www.china-tax.net/app/search?q=refund – An introduction to VAT Export

Refund Rules in China The information contained is a useful guide on the refund of VAT for export goods from China

 http://exporthelp.europa.eu/thdapp/index_en.html – (Export Helpdesk) which includes full information about exporting to Europe, requirements, tariffs, and more

Information about exporting from and to markets in the Americas can be found on the following sites:

 http://www.cfr.org/trade/mercosur-south-americas-fractious-trade-bloc/p12762 -

General information about the Southern Common Market (MERCOSUR)

 http://www.comexbrasil.gov.br/conteudo/ver/chave/50_exportacao_-

The official site of Brazil's external trade offers comprehensive information on exporting and importing goods to and from Brazil, covering essential aspects such as customs regulations, taxes, and relevant legislation.

 http://www.sice.oas.org/agreements_e.asp – This site provides the full legal framework of the trading in the Americas

 http://www.expomercosur.com/system/contenido.php?id_cat8 - This site provides a basic guide of the requirements for exporting from the Southern Common Market (MERCOSUR)

 http://www.redmercosur.net/trade-policy/content/144/en/

Several governments provide support for companies looking to enter the export market The Global Opportunities for Associations (GOA) program, previously known as the Program for Export Market Development, assists Canadian companies in expanding their international business activities in strategic markets This program evaluates the capability of associations to execute proposed activities effectively and focuses on achieving new or enhanced outcomes based on previous GOA support Eligible activities encompass direct contacts like trade shows and missions, marketing tools such as website development and promotional materials, and other marketing initiatives aimed at fostering relationships and enhancing access to foreign markets.

Annual non-repayable contributions are available between $20,000 and $150,000 for a one-year period, from April 1 to March 31 Additionally, the program offers matching funds that cover up to 50% of eligible expenses.

U.S companies can access support from the U.S Small Business Administration (SBA) to navigate the complexities of international trade Key challenges include finding overseas markets, managing export processes, and securing financing for export sales The SBA provides essential assistance to both current and aspiring small exporters through two primary programs: business development assistance and financial assistance.

 http://english.bmf.gv.at/ – the Austrian Federal Ministry of Finance

 http://www.german-business-portal.info/ – the German Business Portal

 http://www.edc.ca/ - is the Canadian government Agency providing export credits and guarantees

 https://www.eda.admin.ch/ – the Economic and Financial Affairs Division of the

Swiss Federal Department of Foreign Affairs

II SUBSTANTIVE LAW OF SALES

When engaging in international trade, sales contracts may be subject to various legal systems To address the complexities arising from these multiple legal frameworks, initiatives have been undertaken globally and regionally to harmonize private international law and substantive sales law, thereby simplifying the challenges associated with diverse legal systems.

Various organizations, including The Hague Conference on Private International Law, UNIDROIT, UNCITRAL, the European Union, and OHADA, have actively worked to develop and promote legal instruments aimed at harmonizing private international law.

The Uniform Commercial Code also constitutes an effort towards harmonization of the law of sales and other commercial transactions in all 50 States within the United States of America

Financing the Export Program

International Instruments and Principles

Antitrust/Unfair Competition Laws

Money Laundering

Exports

Electronic Commerce Issues

Tax Treaties

Other Dispute Resolution Methods

Soft Law

Ngày đăng: 10/10/2022, 10:59

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