Export/Import Procedures and Documentation

The details of international business are growing more complex by the day-and even the most seasoned professionals can find themselves in need of guidance. This comprehensive answer book supplies readers with a clear view of the entire export/import process, explaining the ins and outs of shipping and insurance; payment mechanisms; distributors vs. agents; customs and export control requirements; and transportation issues. Featuring dozens of sample contracts, procedures, checklists, and ready-to-use forms-Export/Import Procedures and Documentation is an authoritative voice in the everchanging, often confusing world of international laws and regulations. The revised fifth edition contains new and expanded information on topics including: Corporate oversight and compliance * Valuation * The Export Control Reform Act * Licensing requirements and exceptions * International Commerce Trade Terminology * The shifting definition of "Country of Origin" * Specialized exporting and importing * And more Thorough and accessible, this trusted resource provides readers with the tools they need to manage supply chain dynamics around the world, and keep everything organized, up-to-date, and above board each step of the way.

1100422087
Export/Import Procedures and Documentation

The details of international business are growing more complex by the day-and even the most seasoned professionals can find themselves in need of guidance. This comprehensive answer book supplies readers with a clear view of the entire export/import process, explaining the ins and outs of shipping and insurance; payment mechanisms; distributors vs. agents; customs and export control requirements; and transportation issues. Featuring dozens of sample contracts, procedures, checklists, and ready-to-use forms-Export/Import Procedures and Documentation is an authoritative voice in the everchanging, often confusing world of international laws and regulations. The revised fifth edition contains new and expanded information on topics including: Corporate oversight and compliance * Valuation * The Export Control Reform Act * Licensing requirements and exceptions * International Commerce Trade Terminology * The shifting definition of "Country of Origin" * Specialized exporting and importing * And more Thorough and accessible, this trusted resource provides readers with the tools they need to manage supply chain dynamics around the world, and keep everything organized, up-to-date, and above board each step of the way.

35.49 In Stock
Export/Import Procedures and Documentation

Export/Import Procedures and Documentation

by Thomas E. JOHNSON, Donna Bade
Export/Import Procedures and Documentation

Export/Import Procedures and Documentation

by Thomas E. JOHNSON, Donna Bade

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Overview

The details of international business are growing more complex by the day-and even the most seasoned professionals can find themselves in need of guidance. This comprehensive answer book supplies readers with a clear view of the entire export/import process, explaining the ins and outs of shipping and insurance; payment mechanisms; distributors vs. agents; customs and export control requirements; and transportation issues. Featuring dozens of sample contracts, procedures, checklists, and ready-to-use forms-Export/Import Procedures and Documentation is an authoritative voice in the everchanging, often confusing world of international laws and regulations. The revised fifth edition contains new and expanded information on topics including: Corporate oversight and compliance * Valuation * The Export Control Reform Act * Licensing requirements and exceptions * International Commerce Trade Terminology * The shifting definition of "Country of Origin" * Specialized exporting and importing * And more Thorough and accessible, this trusted resource provides readers with the tools they need to manage supply chain dynamics around the world, and keep everything organized, up-to-date, and above board each step of the way.


Product Details

ISBN-13: 9780814415511
Publisher: AMACOM
Publication date: 03/26/2010
Sold by: HarperCollins Publishing
Format: eBook
Pages: 640
File size: 57 MB
Note: This product may take a few minutes to download.

About the Author

DONNA L. BADE is a managing partner of the Chicago office of the international trade law firm, Sandler, Travis Rosenberg, P.A. She is past President of the Chicago Brokers Freight Forwarders Association, and of the Customs Committee of the Chicago Bar Association.

Read an Excerpt

Chapter 1

Organizing for Export and

Import Operations

Smooth, efficient, and compliance-oriented (and, therefore,

profitable) exporting or importing requires that certain

personnel must have specialized knowledge. The personnel

involved and their organization vary from company to

company, and sometimes the same personnel have roles

in both exporting and importing. In small companies, one

person may perform all of the relevant functions, while in

large companies or companies with a large amount of

exports or imports, the number of personnel may be large.

In addition, as a company decides to perform in-house the

work that it previously contracted with outside companies

(such as customs brokers, freight forwarders, consultants,

packing companies, and others) to perform, the

export/import department may grow. As business increases,

specialties may develop within the department, and the

duties performed by any one person may become narrower.

A. Export Department

For many companies, the export department begins in the

sales or marketing department. That department may

develop leads or identify customers located in other

countries. Inquiries or orders may come from potential

customers through the company’s web site where the

destination is not identified. When such orders come

in, the salespeople need to determine what steps are

different from its domestic sales in order to fill those export

orders. Often the exporter’s first foreign sales are to

Canada or Mexico. Because the export order may require

special procedures in manufacturing, credit checking,

insuring, packing, shipping, and collection, it is likely that

a number of people within the company will have input

on the appropriate way to fill the order. As export orders

increase (for example, as a result of an overseas distributor

having been appointed or through an expansion of Internet

sales), the handling of such orders should become more

routine and the assignment of the special procedures

related to an export sale should be given to specific

personnel. It will be necessary to interface with freight

forwarders, couriers, banks, packing companies, steamship

lines, airlines, translators, government agencies, domestic

transportation companies, and attorneys. Because most

manufacturers have personnel who must interface with

domestic transportation companies (traffic or logistics

department), often additional personnel will be assigned to

that department to manage export shipments and interface

with other outside services. Some of this interface, such

as with packing companies and steamship lines, and

possibly government agencies and banks, may be handled

by a freight forwarder. The number of personnel needed

and the assignment of responsibilities depend upon the

size of the company and the volume of exports involved.

A chart for a company with a large export department is

shown in Figure 1–1. The way in which an export order

is processed at the time of quotation, order entry, shipment,

and collection is shown in Figures 1–2, 1–3, 1–4, and 1–5,

respectively. Smaller companies will combine some of

these functions into tasks for one or more persons.

B. Import Department

A manufacturer’s import department often grows out of the

purchasing department, whose personnel have been

assigned the responsibility of procuring raw materials or

components for the manufacturing process. For importers

or trading companies that deal in finished goods, the import

department may begin as the result of being appointed as

the U.S. distributor for a foreign manufacturer or from

purchasing a product produced by a foreign manufacturer

that has U.S. sales potential. Because foreign

manufacturers often sell their products ex-factory or

FOB plant, a U.S. company that intends to import such

products must familiarize itself with ocean shipping,

insurance, U.S. Customs clearance, and other procedural

matters. Increasingly, a number of U.S. manufacturers are

moving their manufacturing operations overseas to

cheaper labor regions and importing products they

formerly manufactured in the United States. That activity

will also put them in contact with foreign freight

forwarders, U.S. customs brokers, banks, the U.S.

Customs and Border Protection, marine insurance

companies, and other service companies.

C. Combined Export and Import Departments

In many companies, some or all of the functions of the

export and import departments are combined in some way.

In smaller companies, where the volume of exports or

imports does not justify more personnel, one or two

persons may have responsibility for both export and import

procedures and documentation. As companies grow larger

or the volume of export/import business increases, these

functions tend to be separated more into export departments

and import departments. However, because both

departments may end up being in contact with some of the

same outside parties (such as banks, those freight

forwarders that are also customs brokers, or domestic

transportation companies), some of these activities may

be consolidated in specific persons for both export and

import, while other personnel will work exclusively on

exports or on imports. A diagram of the interrelationships

between the export and import personnel in the

company and outside service providers is shown in

Figure 1–6.

Table of Contents

List of Figuresxiii
Forewordxvii
Prefacexix
Acknowledgmentsxxi
Part IOrganizing for Export and Import Operations1
Chapter 1.Organizing for Export and Import Operations3
A.Export Department3
B.Import Department4
C.Combined Export and Import Departments4
D.Manuals of Procedures and Documentation8
E.Record-Keeping Compliance9
F.Software13
G.Federal, State, International, and Foreign Law14
Part IIExporting: Procedures and Documentation15
Chapter 2.Exporting: Preliminary Considerations17
A.Products17
B.Volume18
C.Country Market and Product Competitiveness Research18
D.Identification of Customers: End Users, Distributors, and Sales Agents18
E.Compliance With Foreign Law19
F.Export Controls and Licenses22
G.Patent, Trademark, and Copyright Registrations and Infringements23
H.Confidentiality and Non-Disclosures Agreements23
I.Antiboycott Compliance24
J.Employee Sales Visits to Foreign Countries--Immigration and Customs Compliance24
K.Utilization of Freight Forwarders and Foreign Customs Brokers28
L.Export Packing and Labeling (Hazardous Materials)30
M.Terms of Sale32
N.Consignments36
O.Leases36
P.Marine and Air Casualty Insurance37
Q.Methods of Transportation; Booking Transportation38
R.Country of Origin Marking45
S.Foreign Warehousing and Free Trade Zones45
T.Export Financing and Payment Insurance45
U.Tax Incentives46
V.Export Trading Companies, Export Trade Certificates of Review, and Export Management Companies46
W.Translation57
X.Foreign Branch Operations, Subsidiaries, Joint Ventures, and Licensing57
Y.Electronic Commerce57
Chapter 3.Exporting: Sales Documentation60
A.Isolated Sales Transactions60
B.Ongoing Sales Transactions84
C.Export Distributor and Sales Agent Agreements101
D.Foreign Corrupt Practices Act Compliance112
Chapter 4.Exporting: Other Export Documentation114
A.Freight Forwarder's Powers of Attorney114
B.Shipper's Letters of Instructions114
C.Commercial Invoices116
D.Bills of Lading118
E.Packing Lists120
F.Inspection Certificates120
G.Marine and Air Casualty Insurance Policies and Certificates120
H.Dock and Warehouse Receipts133
I.Consular Invoices133
J.Certificates of Origin133
K.Certificates of Free Sale162
L.Delivery Instructions and Delivery Orders162
M.Special Customs Invoices162
N.Shipper's Declarations for Dangerous Goods169
O.Precursor and Essential Chemical Exports169
P.Animal, Plant, and Food Export Certificates169
Q.Drafts for Payment175
R.Letters of Credit175
S.Shipper's Export Declarations181
T.Freight Forwarder's Invoices195
Chapter 5.Export Controls and Licenses197
A.Introduction197
B.Scope of the EAR198
C.Commerce Control List198
D.Export Destinations203
E.Customers, End Users, and End Uses210
F.Ten General Prohibitions210
G.License Exemptions and Exceptions212
H.License Applications and Procedures213
I.Re-Exports223
J.Export Documentation and Record-Keeping223
K.Special Comprehensive Licenses225
L.Technology, Software, and Technical Assistance Exports230
M.Violations and Penalties232
N.Munitions and Arms Exports232
Part IIIImporting: Procedures and Documentation237
Chapter 6.Importing: Preliminary Considerations239
A.Products239
B.Volume240
C.Country Sourcing240
D.Identification of Suppliers241
E.Compliance With Foreign Law242
F.U.S. Customs Considerations243
G.Import Packing and Labeling262
H.U.S. Commercial Considerations263
I.Terms of Purchase264
J.Consignments266
K.Leases267
L.Marine and Air Casualty Insurance267
M.Method of Transportation; Booking Transportation268
N.Import Financing268
O.Patent, Trademark, and Copyright Registrations and Infringements268
P.Confidentiality and Non-Disclosure Agreements269
Q.Payment269
R.Translation270
S.Foreign Branch Operations, Subsidiaries, Joint Ventures, and Licensing270
T.Electronic Commerce276
Chapter 7.Importing: Purchase Documentation280
A.Isolated Purchase Transactions280
B.Ongoing Purchase Transactions286
C.Import Distributor and Sales Agent Agreements299
Chapter 8.Import Process and Documentation305
A.Bills of Lading305
B.Commercial Invoices307
C.Pro Forma Invoices307
D.Packing Lists307
E.Inspection Certificates309
F.Drafts for Payment309
G.Arrival Notices309
H.Pick-Up and Delivery Orders309
I.Entry/Immediate Delivery311
J.Entry Summary311
K.Other Entries317
L.Reconciliation322
M.GSP, CBI, ATPA, AGOA--Special Programs322
N.NAFTA Certificate of Origin322
O.Specialized Products Customs Entry Forms324
P.Examination and Detention324
Q.Liquidation Notices334
R.Notices of Redelivery334
S.Requests for Reliquidation334
T.Requests for Information339
U.Notices of Action339
V.Protests, Supplemental Information Letters, and Post-Entry Amendments339
W.Administrative Summons345
X.Search Warrants345
Y.Grand Jury Subpoenas350
Z.Seizure Notices350
AA.Prepenalty Notices353
BB.Penalty Notices353
CC.Customs Audits353
DD.Prior Disclosure362
EE.Court of International Trade365
FF.Appeals365
GG.Offers of Compromise365
HH.ITC and Commerce Questionnaires372
Part IVSpecialized Exporting and Importing373
Chapter 9.Specialized Exporting and Importing375
A.Drawback375
B.Foreign Processing and Assembly Operations382
C.Plant Construction Contracts385
D.Barter and Countertrade Transactions387
Appendices389
Appendix A.Government Agencies and Export Assistance391
Appendix B.International Sales Agreement (Export)409
Appendix C.Correct Way to Complete the Shipper's Export Declaration417
Appendix D.Automated Export System (AES) and AES Direct437
Appendix E.U.S. Customs Reasonable Care Checklists455
Appendix F.Harmonized Tariff Schedules (Excerpts)465
Appendix G.International Purchase Agreement (Import)483
Appendix H.Rules for Completing an Entry Summary491
Appendix I.Rules for Constructing Manufacturer/Shipper Identification Code525
Appendix J.Customs Audit Questionnaires533
Appendix K.List of Export/Import-Related Web Sites541
Glossary of International Trade Terms547
Index571
About the Author583
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