EXPORT IMPORT BASICS
Copyright 1991, 1993, 1995, 1997, 2000,
2001, 2002, 2003, 2006 Louise Aron, All Rights Reserved
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Aron, Attorney at Law Home Page
About Louise Aron:
Past Chair of the International Law Committee
of the Colorado Bar Association
Graduated Rutgers Law School, J.D. 1978
Colorado Coordinator of the Export Legal Assistance Network (ELAN),
1983 - present.
Colorado ELAN has offered over 290 consultations on foreign trade.
ELAN won the 1997 President's "E" award for export service and the
1998 Vision 2000 Models of Excellence Award.
To visit the ELAN Home Page click here ELAN
Home Page
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For an article by Louise Aron on starting
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For an outline by Louise Aron on the basics of
trademark and copyright click
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Click here for Ms.
Aron's Resume
BASIC
INTERNATIONAL TRADE OUTLINE
NOT INTENDED AS LEGAL ADVICE - CONSULT
WITH A QUALIFIED ATTORNEY BEFORE RELYING ON THIS INFORMATION
Getting Started
Consider
connections and contacts. Go where product/service is needed.
Make modifications for intended market (ie. metric, safety laws).
Travel to market. Consider shipping options: air, ocean, truck, rail,
mail. Be wary of currency fluctuations. Political risk insurance
is available through the Export/Import Bank.
Letters of Credit/Financing
Letter
of Credit poses the least risk to seller, greatest to buyer. Cash
in advance is least risk to buyer, most to seller.
Incoterms and Risk of Loss
Risk
of loss and cost of freight and insurance varies for "F", "C" and "D" terms
differ. FCA Houston means freight paid by seller to Houston (FOB
requires ocean transport), CFR Houston (seller pays freight to Houston),
CIF Houston (seller pays freight and insurance to Houston). "D" terms
usually specify foreign "port."
Visas
These
are the immigration permits provided upon entering a foreign country.
Get the one which fits your purpose.
Agents and Distributors
Your
representatives in a foreign country. Watch for termination
regulations
and laws regarding pension benefits. Agents may be authorized to
sign contracts on behalf of the U.S. company and often work on
commission. Distributors "import" product from the U.S. company
and are compensated by the difference between the price they pay the
U.S. company and the price for which the product is sold by them.
Some foreign countries require that these representatives registrer
with the government. Laws of foreign countries may regulate when
and how termination of a representative in that country may occur.
Licensing and Joint Venture
Agreements
Licensing Agreements
regulating
how you will deal with a foreign company or person, and often (but not
always) involve payment of royalties or fees based on revenues or
sales. Joint Venture
Agreements concern how two parties intend to complete a project.
European Union
The European Union (EU) version
of UL (Underwiter's Lab) certification for certain industrial products
is the Conformitee Europeenne (accents omitted) or CE Mark, allowing sales
in the EEA (EEA is the EU - Austria, Belgium, Denmark, Finland, France,
Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain,
Sweden and United Kingdom plus Iceland, Norway, Liechtenstein).
Technology Transfer Laws
Less
developed countries don't want foreign companies to take all of their expertise
with them when they leave.
Foreign Corrupt Practices
Act, 15 U.S.C. 78mm, 78dd-1 to 78dd-3
US
regulates bribery and fraud in international trade. No bribery of
employees or officials of foreign governments. Penalties: fines
and jail. Justice Department review available.
Antiboycott Regulations
No discrimination on account
of race, religion, sex or national origin in foreign trade. Penalties:
fines, prison, trade sanctions. Report problems to Department of
Commerce.
Export Administration Regulations 15 C.F.R. 730 to 774
Guarantees
certain items (often computer encryption related) will not end up in certain
countries. Penalties: fines, jail, trade sanctions (ie, denial of
export privileges).
Trademark Registration
Protects against unauthorized
use of a symbol or distinctive name or name/symbol combination. US protection is for 10 years (file Certificate
of Use after 5th year), renewable as long as its in use. Record with
Treasury Dept. to prevent importation of "counterfeits". State registration
is available for intrastate coverage. Check laws of foreign countries
for registration abroad. For info. call Patent and Trademark Office.
For an outline by Louise Aron of the basics
of trademark and copyright click
here.
Copyright
Protects
written materials, including labels; brochures; posters; and catalogs.
US protection is author (or copyright holder's) life plus 70 years.
Copyright 20___ XYZ, Inc.
All Rights Reserved
US Government material
is not copyrighted and is in "public domain". Copyrights to work
done while employed belongs to the employer. $20 registration fee
in US, and takes a few months. For info. call US Copyright Office.
For an outline by Louise Aron of the basics
of trademark and copyright click
here.
Patent Registration
Protects
against copying of inventions, manufacturing processes and composition
of matter. US patent is for 17 years, not renewable. For international
trade, Patent Cooperation Treaty (use the WIPO - World Intellectual Property
Organization in Geneva, Switzerland) and European Patent Convention may
apply. For info. call US Patent and Trademark Office. For EU
patents, use the European Patent Office (EPO) in Munich, Germany.
Importing
Pay duty or tariff on imported
goods and their reusable containers. File protest if disagree with
tariff (duty) rate. Entrydocuments - file within 5 days. Entry
summary after pickup. Invoice: detailed depending on the item.
Temporary import - post Bond for more than required duty and obtain refund
when item is exported. Reduced or no duty: GSP - Generalized
System of Preferences - developing countries; CBI - Caribbean Basin Initiative;
FTA: US - Israel Free Trade Area.
Dispute Resolution
Arbitration is recommended
and therefore must be included in every written agreement. International
enforcement of agreements is often extremely expensive and difficult.
Choose your international associates carefully to avoid disputes.
NOT INTENDED AS LEGAL ADVICE - CONSULT WITH
A QUALIFIED ATTORNEY BEFORE RELYING ON THIS INFORMATION
Copyright
1991, 1993, 1995, 1997, 2000, 2001, 2002, 2003, 2006 Louise Aron, All Rights
Reserved
Resources
US Government Bookstore .......................................................................
(303) 844-3964
US Small Business Administration (same as
USDC) ............(303) 844-6622
US Department of Commerce (same tel. no. as SBA) ..............
(303) 844-6622
US Department of Commerce web site................................................. http://www.commerce.gov
Colorado International Trade Office .....................................
(303) 892-3850
U.S. Department of State ......................................................................... http://usembassy.state.gov
U.S. Chamber of Commerce .................................................................. http://www.uschamber.org
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Aron, Attorney at Law Home Page
LINKS TO SOME SITES OF INTEREST WHICH
ARE RELEVANT TO MS. ARON'S AREAS OF PRACTICE:
Louise Aron, Attorney at Law Home Page
Article by Louise Aron on starting
a business
Outline by Louise Aron of the basics
of Trademark and Copyright
Outline by Louise Aron on basics of
Wills, Trusts and Estate Plans
IRS
Publications
IRS Tax
Exempt Organizations
Colorado
Tax Publications
Denver, Colorado home page
State of Colorado
home page
Immigration and Naturalization
Service (INS)
Article on Patent
Law Basics by California, USA Lawyer William E. Hickman
Jefferson
County Assessor
Findlaw
This page is by WebW, Denver, Colorado. Last update 11/20/06.
Email Ms. Aron at qualitylegaladvice@louisearon.com
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