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