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1、,国际贸易实务（双语） (INTERNATIONAL TRADE PRACTICE IN CHINESE AND ENGLISH),主讲：葛志财,INTERNATIONAL TRADE PRACTICE IN CHINESE AND ENGLISH,Chapter 1 A brief introduction to international trade （2hrs）,Contents to be studied in this course:,Chapter 2 General Procedures of Export and Import Transaction （2hrs）,Chapte
2、r 3 Contracts for the Sale and Purchase of International Commodity (2hrs ),Chapter 4 Trade Terms (4hrs),Chapter 5 Quality of Commodity (2hrs),Chapter 6 Quantity of Goods (4hrs),Chapter 7 Packing and Marking of Goods (2hrs),Chapter 8 Price of Goods （2hrs）,Chapter 9 Delivery of Goods (4hrs),Chapter 10
3、 Cargo Transportation Insurance （4hrs）,Chapter 11 Payment of Goods (2hrs),Chapter 12 Disputes, Claim, Arbitration (2hrs),Picture of the Course,对国外市场调查研究,制定出口方案,发展客户,广告宣传,谈判,交易洽商,询盘,发盘,还盘,接受,签合同,备货,催证,审证,改证,(审核发现的修改),租船订舱,报验(商检),货发码头,报关、装船、取得单证,投保(必须在发货以前),所有单据送银行议付,议付结汇合同履行完毕,发生争议处理索赔,合同履行,交易前的准备工作,
4、进口商,生产厂家,海关,税务局,出口商,Chapter 1 A brief introduction to international trade,Section One Reasons for international trade (从事国际贸易的动机) 1 Resource Acquisition (寻求资源) 2 Benefits Acquisition (追求利润) 3 Diversification (多种经营) 4 Expand sales（扩大销售）,Problems,Culture Problems,Monetary conversion,Trade barriers,Sec
5、tion Two Problems Concerning International （国际贸易遇到的问题）,Section Three Forms of International Trade (国际贸易形式) 1 Merchandise Exports and Imports (商品进出口) 1) Exporting(商品出口) (1) Direct exporting(直接出口) (2) Indirect exporting(间接出口) 2) Importing (商品进口) 2 Service Exports and Imports (劳务进出口) 1) Travel, Tourism
6、, and Transportation (旅游业、交通运输业) 2) Performance of Activities Abroad (国外商务活动) 3) Use of Assets From Abroad (国外资产的运用),Chapter 1 A brief introduction to international trade,3 Licensing (许可证贸易) 4 Trading Companies (贸易公司) 5 Joint Ventures (合资企业)6 Investment 1) Direct Investments (直接投资) 2) Portfolio Inve
7、stments (间接投资) 7 Visible and Invisible Trade （有形贸易和无形贸易）,Chapter 1 A brief introduction to international trade,Exercise,1 What is international trade?2 What are the major motivations for firms to operate international business?3 What measures do most companies usually adopt to avoid wild swings in t
8、he sales and profits?4 Please give the four major operation forms chosen by most companies.5 What limits a firms sales?6 What does “royalties” mean?7 Please try to finish all the exercise in the text book.,Section One Procedures of Export and Import Transaction 1 What is Exporting 2 Procedures of Ex
9、port 1) Making market research 2) Marketing and Promotion 3 What is Importing 4 Parties involved in export and import transaction 5 Specialists involved in export and import transactions 6 Basic Documents needed in Export and Import Transaction Please look at the following draft (Export Procedures u
10、nder CIR on the side of Seller),Chapter 2 General Procedures of Export and Import Transaction,Export Procedures under CIR on the side of Seller,Procedures of Import Transaction,Market Research,Any exporter who wants to sell his products in a foreign country or countries must first conduct a lot of m
11、arket research. Market research is a process of conducting research into a specific market for a particular product. Export market research, in particular, is a study of a given market abroad to determine the needs of that market and the methods by which the products can be supplied. The exporter ne
12、eds to know which foreign companies are likely to use his products or might be interested in marketing and distributing the products in their country.,* the exporters * the importers* the port authority * the shipping company (for sea freight)* the airline (for air freight) * the insurance company o
13、r brokers* the exporters bank * the importers bank* the railways (in some cases) in the importer country* the road hauler ( in some case) in the importer country* the shipping agent at the port or airport of discharge* the shipping agents at the port or airport of loading* the railway (in some cases
14、)in the exporters country* the road hauler (in some cases) in the exporters country,Parties involved in export and import transaction,Parties Involved in Exp. & Imp. Transaction,* the exporters,* the importers,* the port authority,* the shipping company (for sea freight),* the airline (for air freig
15、ht),* the insurance company or brokers,* the exporters bank,* the importers bank,* the railways (in some cases) in the importer country,* the road hauler ( in some case) in the importer country,* the road hauler ( in some case) in the importer country,* the shipping agent at the port or airport of d
16、ischarge,* the shipping agents at the port or airport of loading,* the railway (in some cases)in the exporters country,* the road hauler (in some cases) in the exporters country,Specialists involved in export and import transactions,A shipping agent and /or foreign forwarder (forwarding agent) will
17、take responsibility for the documentation and arrange for the goods to be shipped by air, sea, rail or rail. Theses services may be carried out by the suppliers own export department, if they have the expertise.,Airlines, shipping lines, railway companies or haulage contractors will actual transport
18、 the goods.,Both the importers and exporters banks will be involved in arranging payments if a letter of credit or bill of exchange is used.,Customs and Excise officers may need to examine the goods, check import or export licences and charge duty and /or VAT.,A chamber of Commerce may need to issue
19、 a certificate of origin, if this is required by the importers country.,An insurance company insures goods in transit. A lawyer if a special contract has to be drawn up.,An import/export transaction usually requires a lot of complicated documents because it is difficult to make many different arrang
20、ements when one firm is dealing with another on the other side of the world. The number and type of documents needed depend on the specific requirements of the exporter and importer. Generally, the documents needed include: 1). Bill of Lading 2). Commercial Invoice 3). Proforma Invoice 4). Consular
21、Invoice 5). Packing List 6). Weight Memo 7). Certificate of Inspection 8). Certificate of Origin 9). Insurance Policy (Certificate) 10). Sales Contract 11). Sales Confirmation,Basic Documents needed in Export and Import Transaction,Review 1 General Procedures of Export and Import Transaction 2 What
22、is export? 3 What is import? 4 Parties involved in export and import transaction 5 Specialists involved in export and import transaction 6 Basic documents needed in export and import transaction,Section Two Business Negotiation,Chapter 2 General Procedures of Export and Import Transaction,Business N
23、egotiation,The way of Negotiation: Oral, in Written (letter, fax, email, telex, cable, etc.)Contents: Main terms: quality, quantity, packing, price, delivery , payment General terms: insurance, inspection, arbitration, force majeureFormality:InquiryOfferCounter-offerAcceptanceConclusion of ContractO
24、ffer, and acceptance are two indispensable links for reaching an agreement and concluding a contract.,1. The form of business negotiationTwo forms: Oral form and written form 2. Main contents of business negotiation（1）Main terms of trade It includes quality, quantity, packaging, price, delivering an
25、d terms of payment, etc.（2）General Terms and Conditions,Section Two Business Negotiation,出口发盘所包含的信 息,商品规格,价格,包装,船期,支付条件,发盘有效期,支付工具,支付方式,发盘流程,发盘流程,发盘,送达生效,发盘失效,撤回,撤消,发盘无效,NO,NO,YES,YES,1. InquiryAn enquiry is a request for business information, such as price lists, catalogue, samples, and details abo
26、ut the goods or trade terms. It can be made by either the importer or the exporter. On receiving the enquiry, it is a regular practice that the exporter should reply to it without delay. The seller and the buyer both can make an inquiry. Usually, the inquiry made by the buyer is also called bid, and
27、 the inquiry made by the seller is also called selling inquiry. Inquiry will not bind upon both parties, but usually when you receive an inquiry, you should reply it as soon as possible,2. Offer （1）The meaning of an offer* An offer is a proposal made by sellers to buyers in order to enter into a con
28、tract. In other words, it refers to trading terms put forward by offerers to offerees, on which the offerers are willing to conclude business with the offerers. There are two kinds of offers, one is the firm offer, the other, non-firm offer. * The party who makes an offer is called an offeror, in th
29、e case of the seller, the offer is called a selling offer, while in the case of the buyer, and it is called a buying offer.,（2）The basic conditions of an offer I ) The offer shall be made to one or more specific persons The offer shall be the definite representation in which the offeror expresses th
30、at he shall conclude transaction on the terms and conditions stipulated therein.,II) Contents of the offer shall be sufficiently definite, i.e., trade terms of the offer shall be complete, clear and final* The “Convention” stipulates that a sufficiently definite offer should include three basic elem
31、ents: name, quantity and price * In our foreign trade practice, a complete offer shall include the quality, quantity, packing, price, terms of delivery of the goods and terms of payment.III) The offer shall indicate the intention of the offeror to be bound in case of acceptance * This intention may
32、be indicated by terms as “firm” offer, “offer with engagement”, etc. * If the offer has a restrictive condition, i.e., “subject to our final confirmation”, then its a non-firm offer regarded as an invitation for offer.,(3) Time of Validity or Duration of Offer 1 Stipulate the term of validity clearl
33、y The term of validity is not an indispensable condition of an offer （1）Stipulate the latest date for acceptance. For example: OFFER SUBJECT TO REPLY HERE FIFTEENTH, JULY（2）Stipulate a period of time for acceptance As to this method, there is a question of computing validity time. See article 20 of
34、“Convention”. 2 If an offer doesnt clearly stipulate the time of validity, it will be valid within a reasonable time. An oral offer, unless otherwise agreed, must be accepted immediately unless the circumstances indicate otherwise.(4) Time that an offer becomes effective Different views of the time
35、that a written form offer becomes effective ：1. Despatch Theory2. Arrival TheoryBoth “convention” and our “contract law” adopt arrival theory.,(5) Withdrawal or revocation of an offer A. WithdrawalThe British laws and the American laws have different explanations to withdrawalThe spirit of “ Convent
36、ion ”Suitable occasion for withdrawal: The offer is sent by mail or telegram B. RevocationAs to whether an offer can be revoked or not, different laws have different explanationsThe “Convention” adopts a compromise regulation,(6) Termination of an offer In the following cases, an offer is terminated
37、:The time validity stipulated in the offer becomes due;The offeree rejects or makes a counter offer;The oferer revokes the offer before acceptance.,3. Counter-Offer,A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the
38、 offer and constitutes a counter offer. (1) A reply to an offer which alter the terms of the offer materially constitutes a counter-offer (2) An acceptance with restrictive conditions is another form of counter-offer, such as “subject to our final confirmation”. (3) If offeree accepts the original o
39、ffer after he made a counter-offer, the contract is invalid.,4. Acceptance,A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. (1) The meaning of acceptance (2) The essential conditions of acceptance,5 Investigation of Credit-worthiness of Customers 6
40、Implementation of Contract Preparing goods for shipment 2) Inspection application 3) Reminding, examining and modifying L/C 4) Chartering and booking shipping space 5) Customs formalities 6) Insurance 7) Documents preparation for bank negotiation 7 Settlement of disputes,Questions,1. What are the es
41、sential conditions of an offer? 2. According to the regulation of convention, when the offer can be withdrawal and revoked? 3. When an offer is terminated? 4. Try to analyze the effectiveness of a late acceptance. 5. What are the essential conditions of a contract established?,Summary: NEGOTIATION O
42、F CONTRACT国际货物买卖合同的订立,询盘(Inquiry) 发盘(Offer) 递盘(Bid) 还盘(Counter-offer) 接受(Acceptance) 订立合同(Sign a contract),buyer,seller,合同成立的时间（Effective time of contract）合同生效的要件（ Effective conditions of contract）,合同的形式（Forms of contract ）合同的内容（Contents of contract）,返回目录,Exercise,Please finish the exercise in the t
43、ext bookCase Study: Please read your case book,1. Establishment time of contract Two standards for judgment: 1. When the effective acceptance reaches offeror; 2. When offeree make the behavior of accepting.2. The essential conditions of a contract come into effective:1, contracting parties should ha
44、ve signing ability 2, the content of the contract should be legal 3, the contract should conform to legal formarity 4, contracting parties meaning expresses should be true,Chapter 3 Contracts for the International Sale of Goods,Section One Definition of the Contract,A contract is an agreement betwee
45、n two or more competent parties in which an offer is made and accepted, and each party benefits. It is an agreement which sets forth binding obligations of the relevant parties. The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writin
46、g in order to be enforced. A contract proper includes: 1)the full name and address of the buyer and the seller; 2) the commodities involved; 3)all the terms and conditions agreed upon; 4)indication of the number of original copies of the contract, the language used, the term of validity and possible
47、 extension of the contract.,The prerequisites（前提） required for a contract to be recognized and enforced,(1) A Valid Offer and a Proper Acceptance (2) Sufficiency of Consideration（对价） (3) Absence of Fraud, Force, or Legal Loopholes (4) Legal Capacity (5) Consistency with General Public,1. Formation o
48、f contact (1) Written contract It is the basis that the contract is established It is the basis of fulfilling contract It is the basis that the contract comes into force It is the basis of arbitration or lawsuit. (2) Oral form (3) Other forms,Section 2: Formation and main contents of contact,CISG Ar
49、ticle 11: A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, including witnesses.,2. Main parts of contract Preamble Body Witness clause,Various Formats of Contract In Written,ContractConfirmation
50、AgreementMemorandumLetter of IntentOrder (Please log into: http:/222.200.98.43/trade),THE LAWS ARE APPLICABLE TO INTERNATIONAL SALES CONTRACTS,International Trade Practice International Rules for the Interpretation of Trade Terms国际贸易术语解释通则 Uniform Customs and Practice for Documentary Credit跟单信用证统一惯例
