ICC Guide to EXPORT/IMPORT. Global Business Standards & Strategies FIFTH EDITION. By Guillermo C. Jimenez
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1 ICC Guide to EXPORT/IMPORT Global Business Standards & Strategies FIFTH EDITION By Guillermo C. Jimenez
2 Fifth Edition. Printed April International Chamber of Commerce All rights reserved. ICC holds all copyright and other intellectual property rights in this work. No part of this work may be reproduced, distributed, transmitted, translated or adapted in any form or by any means, except as permitted by law, without the written permission of ICC. Permission can be requested from ICC through ICC Services Publications Department avenue du Président Wilson Paris France ICC Publication No. 790E ISBN:
3 Contents Foreword... 3 Acknowledgements... 4 A Note on Terminology...10 Chapter 1 Overview of International Trade...11 Summary The Changing Face of International Trade Trends and developments Scope of this book International Commercial Sales The Risks of Exporting and Importing Infographic Overview of International Trade Today...17 Test your Knowledge: Overview of International Trade...20 Chapter 2 Phases of Export-Import Transaction and Key Documents...21 Summary Export: Sequence of Events and Related Documents Simple Export Transaction: Open Account + DDP Complex Transaction: Documentary Credits + CIF...26 Test Your Knowledge: Phases of an Export Transaction...30 Chapter 3 International Organisations and International Trade...31 Summary Non-governmental Organisations (NGOs) Intergovernmental Organisations (IGOs) in International Trade...34 Test Your Knowledge: International Organisations...35 Chapter 4 Incoterms 2010 Rules: Global Standard Trade Terms...36 Summary Introduction Incoterms 2010: Changes and Updates Incoterms 2010 Rules Summaries...45 Incoterms Best-Practice Checklist...51 Test your Knowledge: Incoterms...52 international chamber of commerce (icc) 5
4 Chapter 5 International Contracts: The Legal Environment of International Business...53 Summary The legal environment of international business Negotiating and Drafting International Contracts World Legal Systems: Civil Law, Common Law and Shari a...61 Test Your Knowledge: International Contract Law...62 Chapter 6 International Sales Law: CISG and Export/Import Contracts...63 Summary Export/Import Contracts and International Sales Law Commercial Practice: Use of Pro Forma/P.O. or Standard Contract International Sales Law: CISG The Export Contract: Key Clauses and Provisions...68 Test Your Knowledge: International Sales...74 Chapter 7 International Sales and Marketing Representatives: Agency and Distributorship...75 Summary Agents and Distributors in International Trade Law of Agency Contracts Commercial Agency Contracts: Key Clauses and Provisions Distributorship Contracts...85 Test Your Knowledge: Choosing Between Agency and Distributorship...87 Chapter 8 International Dispute Resolution: International Litigation, Arbitration and ADR...88 Summary Why dispute resolution is so important in international transactions Discuss Dispute Resolution during Contract Negotiation and Drafting Dispute Resolution outside the Courtroom Waiver, Re Negotiation, Assistance of Expert International Litigation International Commercial Arbitration ICC Arbitration...95 Test Your Knowledge: International Dispute Resolution Chapter 9 International Licensing and Franchising Summary Licensing and Franchising: Comparison Licensing Strategies for Negotiating and Drafting Licence international chamber of commerce (icc)
5 9.4 Licensing Contract: Key Provisions Franchising Test your Knowledge: Licensing and Franchising Chapter 10 International Business and Intellectual Property Summary Key I.P. Issues in International Business Trademarks Patents Copyright Trade Secrets Design Protection Domain Names Counterfeiting ICC and Intellectual Property Test Your Knowledge: International I.P. Protection Chapter 11 International Payments Summary Definitions and Order of Preference Payment Risks and Risk-Management Three Functions of Payment Method: Payment, Risk-management and Finance Payment Methods: Procedures in Each Method Managing Currency and Exchange Rate Risks Documents Required for Trade Payments Test your Knowledge: International Payment Options Chapter 12 Documentary Credits and UCP Summary Basic Concepts and Terms Rules for Documentary Credits: UCP Terminology: Parties/Banks/Different Types of DCs Procedure for a Confirmed Irrevocable Documentary Credit Independence and Strict Compliance: Underlying Principles of D/C Practice Supplement to UCP 600: eucp Checklist: Best Practice in Using Documentary Credits Test Your Knowledge: Letters of Credit international chamber of commerce (icc) 7
6 Chapter 13 Short-Term Trade Finance: Factoring and Forfaiting Summary Financing Export Receivables Factoring Forfaiting Test your Knowledge: Factoring and Forfaiting Chapter 14 Securing International Transactions: Guarantees, Bonds and Standby Credits Summary Terminology: Guarantees/Bonds/Standbys Principal Uses of Guarantees/Bonds/Standby Credits Differences between Demand and Surety Instruments Direct vs Indirect Structures (Demand Guarantee) Uniform Rules for Demand Guarantees and Bonds Uniform Rules for Conditional or Accessory Guarantees Uniform Rules for Standby Credits: International Standby Practices (ISP98) Test your Knowledge: Guarantees/Bonds/Standbys Chapter 15 International Transport: Carriers, Documents and the Law Summary Introduction Transport Management: Basic Principles International Treaties and Conventions Carrier Liability Charter Parties Freight Forwarders The Principal Transport Document: The Bill of Lading Test your Knowledge: International Transport Chapter 16 International Logistics: Sea, Air, Rail-Road, and Multimodal Transport Summary Sea Transport Containerized and Multimodal Transport Air Transport Road and Rail Transport Cargo Insurance Test Your Knowledge: International Logistics international chamber of commerce (icc)
7 Chapter 17 Customs and ATA Carnets Summary Customs Clearance and Import Duties World Customs Organization and the Harmonized Tariff System Customs Brokers and Agents Export Clearance: Licences and Quotas Import Customs Clearance: Duties and Taxes Bonded Warehouses Free Trade Zones Temporary Imports and ATA Carnets Test Your Knowledge: Customs and ATA Carnets Chapter 18 Global Sourcing and Sustainability Compliance Summary Global Sourcing and Supply Chain Management Labour and Human Rights Compliance Sustainability: Environmental Compliance in Sourcing Sourcing Intermediaries and Network Orchestrators Corporate Supplier/Vendor Codes of Conduct Test Your Knowledge: Global Sourcing and Compliance Chapter 19 Global Marketing: Market Entry and Research Strategies Summary The International Marketing Mix Promotion: Integrated Marketing Communications Place: Distribution Channels and International Market Entry Global Marketing Management Test Your Knowledge: International Marketing Export-Import Glossary Index ICC Trade Publications About the International Chamber of Commerce (ICC) international chamber of commerce (icc) 9
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