国际贸易理论与实务.doc

Chapter I INTRODUCTION Reasons for international trade Benefit of international trade Problems in international tradeReasons Resource reason(favorable climatic conditions and terrain, natural resources, insufficient production, skilled workers, capital resources, favorable geographic location and transport cost) Economic reason(Absolute Advantage by Adam Smith in The Wealth of Nations ; Comparative Advantage by David Richard in Principle of Political Economy) Political reason(dominating group, party, national interest)Benefit of international trade Cheap goods Greater variety when goods come from more countries Wider market with increasing number of trade ring partners Growth of economyProblems in international trade Cultural problems (language, customs and manners) Monetary conversation Trade restrictions (tariff: specific duty, Ad valium duty, mixed or compound duty, alternative duty. non-tariff barriers: quota, import license, foreign exchange control, state monopoly of import and export, government procurement policy, advanced deposit, technical standard. packing and labeling regulations, minimum price) Surtax: countervailing duty, anti-dumpling duty, variable dutyDefinitions of key terms International trade is the exchange of visible goods and invisible services produced in one country for those produced in another country. Culture is a set of learned core values, beliefs, standards, knowledge, morals, laws and behaviors shared by individuals and societies that determines how an individual acts, feels, and views oneself and others. Translate the following terms into Chinesecomparative advantage, productivity, economies of scales, Import surtax, anti-dumpling duty, non-trade barrier, labor-intensive industry, invisible service, monetary conversion, labeling and tagging regulation, Principle of Political Economy Translate the following into Chinese According to the methods in which tariffs are collected, there are four types of duties. Specific duty is collected per physical unit-according to weight, volume, measurement and quantity, etc. Ad valium duty is collected acceding to value or price, ie. at a percentage of the price. Mixed or compound duty is collected according to either specific duty or ad valoem duty ,then the other. An alternative duty is collected whichever the higher between specific duty and ad valoem duty.International trade business is mainly about the procedures or steps involved in cross-border transactions, terms and conditions involved in overseas business contracts and relevant international practices and laws.International trade procedures (EXPORT) Preparation before business Business negotiation and contract signing Performance of the business contract Preparation before business Export operation right and export license Target country (cultural background, economic situation, political climate, current import and export statistics, government policy on international trade, information on trade barriers and restrictions.) Business partner (business reference, background information, business scope, annual business volume, major customers, business culture)(consulting firm, trade fairs or shows, international trade expos or exhibitions, Commercial Counselors Office, Chamber of Commerces, Trade Directory, banks, medias, business connections, MOFTEC and its Provincial committee) Negotiation team (commercial, technical, financial, legal and administrational)Business negotiation I Face-to-face talk and correspondence talk such as letters fax E-mail, etc.) Negotiation topics (quality, price, quantity, time of delivery, insurance, packing, commodity inspection and claim, payment, transportation, documents, arbitration, Force Majeure, Late Delivery and penalty) Establishing business relationship Dear Sirs, Your firm has been recommended to us by John Morris &Co. , with whom we have done business for many years. We specialize in the export of Chinese Chemicals and Pharmaceuticals, which have enjoyed great popularity in world market. We enclose a copy of our catalogue for your reference and hope that you would contact us if any item is interesting to you. We hope you will give us an early reply. Yours faithfullyBusiness negotiation II* InquiryEnquiryPlease quote the lowest price of CFR Singapore for 1,000 boxes of large size Maxam Dental Cream at the earliest delivery.Dear Sirs,We are glad to note from your letter of March 9 that, as an exporter of Chinese Cotton Piece Goods, you are desirous of entering into direct business relations with us. This happens to coincide with our desire.At present, we are interested in Printed Shirting and shall be pleased to receive from you by airmail catalogue, samples, and all necessary information regarding these goods so as to acquaint us with the quantity and workmanship of your suppliers. Meanwhile please quote us the lowest price CIF Vancouver, inclusive of our commission, stating the earliest date of shipment.Should your price be found competitive and delivery date acceptable, we intend to place a large order with you.We trust you will give us an early reply.Yours faithfully Performance of the contract Cargo readiness Asking for open LC Export customs clearance Shipping Insurance if necessary Document and payment Settle claim if anyBusiness negotiation II Offer Counter-offer, re-counter-offer (YOUR EIGHTH OFFER REPLY REACHIN US FIFTEENTH MAXAM TOOTH PASTE ARTNO101 PACKED IN CARTONS OF SIX DOZENS EACH STERLING THIRTYTWO PER GROSS CIF LONDON DECEMBER SHIPMENT IRREVOCABLE SIGHT CREDIT Acceptance (YOUR FOURTEENTH WE ACCEPTAGREECONFIRM) Contract (This is to acknowledge with thanks your order No 123 received on March 2nd .We expect to ship _ on _ from_. Thanks for the opportunity to be of your service for you.Procedures (import) Import licenses Target country Business partner Negotiation team Establishing business relation Negotiation process Opening LC Booking shipping space Insurance Document examination and payment Import Custom clearance Taking delivery and inspection Claim if necessaryExercises1 please briefly describe the export process.2 translate the following into Chinese. (1) 我公司经营电子产品的进出口业务，希望与贵方建立贸易关系。（2）兹报实盘以贵方五日内接受为准。（3）若贵方愿意降低价格，比方说5%，我们愿向你方试定此货。（4）由于大量承约，我们不能接收订单，但是一旦新货源到来，我们将随即去电与你方联系。Chapter 3 Contract 编 号（No.） ：_ 签约地点（Signed at） ：_ 日 期（Date） ：_ 卖方（Seller） ：_ 地址（Address） ：_ 电话（Tel） ：传真（Fax） ：_ 电子邮箱（E-mail） ： 买方（Buyer） ： 地址（Address） ： 电话（Tel） ：传真（Fax） ：_ 电子邮箱（E-mail） ： _ 买卖双方经协商同意按下列条款成交： The undersigned Seller and Buyer have agreed to close the following transactions according to the terms and conditions set forth as below： 1. 货物名称、规格和质量 （Name， Specifications and Quality of Commodity）： 2. 数量（Quantity）： 3. 单价及价格条款 （Unit Price and Terms of Delivery） ： 除非另有规定，“FOB”、“CFR”和“ CIF”均应依照国际商会制定的2000年国际贸易术语解释通则 （INCOTERMS 2000）办理。） The terms FOB，CFR，or CIF shall be subject to the International Rules for the Interpretation of Trade Terms （INCOTERMS 2000） provided by International Chamber of Commerce （ICC） unless otherwise stipulated herein.） 4. 总价 （Total Amount）： 5. 允许溢短装（More o r Less）： %. 6. 装运期限（Time of Shipment）： 收到可以转船及分批装运之信用证天内装运。 Within _ days after receipt of L/C allowing transshipment and partial shipment. 7. 付款条件（Terms of Payment）： 买方须于 前将保兑的、不可撤销的、可转让的、可分割的即期付款信用证开到卖方，该信用证的有效期延至装运期后_天在中国到期，并必 须注明允许分批装运和转船。 By Confirmed， Irrevocable， Transferable and Divisible L/C to be available by sight draft to reach the Seller before _ and to remain valid for negotiation in China until _after the Time of Shipment. The L/C must specify that transshipment a nd partial shipments are allowed. 买方未在规定的时间内开出信用证，卖方有权发出通知取消本合同，或接受 买方对本合同未执行的全部或部份，或对因此遭受的损失提出索赔。 The Buyer shall establish a Letter of Credit before the above-stipulated time， failing which， the Seller shall have the right to rescind this Contract upon the arrival of the notice at Buyer o r to accept whole o r part of this Contract non fulfilled by the Buyer， o r to lodge a claim for the direct losses sustained， if any. 8. 包装（Packing）： 9. 保险（Insurance）： 按发票金额的%投保险，由负责投保。 Covering _ Risks for_110% of Invoice Value to be effected by the _. 10. 品质/数量异议 （Quality/Quantity discrepancy）： 如买方提出索赔，凡属品质异议须于货到目的口岸之日起30天内提出，凡属 数量异议须于货到目的口岸之日起15天内提出，对所装货物所提任何异议于保险 公司、轮船公司、其他有关运输机构或邮递机构所负责者，卖方不负任何责任。 In case of quality discrepancy， claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination， while for quantity discrepancy， claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination. It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company， Shipping Company， other Transportation Organization /or Post Office are liable. 11. 由于发生人力不可抗拒的原因，致使本合约不能履行，部分或全部商品 延误交货，卖方概不负责。本合同所指的不可抗力系指不可干预、不能避免且不 能克服的客观情况。 The Seller shall not be held responsible for failure o r delay in delivery of the entire lot o r a portion of the goods under this Sales Contract in consequence of any Force Majeure incidents that might occur. Force Majeure as referred to in this contract means unforeseeable， unavoidable a nd insurmountable objective conditions. 12. 仲裁（Arbitration）： 因凡本合同引起的或与本合同有关的任何争议，如果协商不能解决，应提 交中国国际经济贸易仲裁委员会深圳分会。按照申请仲裁时该会当时施行的仲裁 规则进行仲裁。仲裁裁决是终局的，对双方均有约束力。 Any dispute arising from o r in connection with the Sales Contract shall be settled through friendly negotiation. In case no settlement can be reached， the dispute shall then be submitted to China International Economic and Trade Arbitration Commission （CIETAC） ，Shenzhe Commission for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. 13. 通知（Notices）： 所有通知用文写成，并按照如下地址用传真/电子邮件/快件送达给各方。如果地址有变更，一方应在变更后日内书面通知另一方。 All notice shall be written in _ and served to both parties by fax/e-mail /courier according to the following addresses. If any changes of the addresses occur， one party shall inform the other party of the change of address within _ days after the change. 14. 本合同为中英文两种文本，两种文本具有同等效力。本合同一式 _ 份。自双方签字（盖章）之日起生效。 This Contract is executed in two counterparts each in Chinese and English， each of which shall be deemed equally authentic. This Contract is in _ copies effective since being signed/sealed by both parties. The Seller： The Buyer： 卖方签字： 买方签字：Definition (In the broadest sense, a contract is simply an agreement that defines a relationship two or more than two parties. A commercial contract, in simplest terms, is merely an agreement made by two or more than two parties for the purpose of transacting business. Types of contract (lease contract, employment contract, agency contract, shipping contract, insurance contract, sales contract, purchase contract) Forms of contract (contract, agreement, confirmation. memo) Contract head Firm, company, corporation (incorporated), group, holding, alliance (union),subsidiary, branch, agency, proprietary, state-run Beijing Galaxy Chemicals Import & Export Corp. Shan Xi Coking and Coaling Group China National Cereals, Oils &Foodstuffs I&E Corporation, China National Minerals &Metals I&E Corporation, China National Native Produce &Animals By-products I&E Corporation, China National Arts &Crafts I&E corporation, China Ocean Shipping Group05CMECDA003 Original, duplicate (copy) Preface 1 This contract is signed by and between the buyer and the seller, according to the terms and conditions stipulated below. 2 The seller and the buyer agree to make and enter into this contract in accordance with the following terms, conditions and provisions on the basis of equality, mutual-benefit through friendly negotiation. 3This contract will be binding on both parties as of the date on which it is signed by the buyer, provide the seller dose not alter, delete, or add to the terms and conditions of the contract. 4 This contract is made by and between the AA Corporation, a legal person incorporated and duly existing under the laws of PRC (herein after called party A) on one part, and BB Company Ltd, a company organized and duly existing under the laws of Hong Kong (hereinafter called Party B) on the other part according to the following terms and conditions.Business English Translation StandardDynamic message equivalence1 equivalence of semantic message of source language and target language2 equivalence of stylistic message 3 equivalence of cultural message4 equivalence of response of source language readers and target language reader1The new F-series is a quality business tool designed to keep you in touch both in and out the car.2 Its one of the smallest and lightest portable around. And if size dose make a difference to you, it even has two different batteries .A large one for longer use and a small one to avoid unsightly bulges in your pocket. 新系列是一种高质量的生意工具，是专门为您在车内或车外时保持联系而设计的。 它是目前体积最小，重量最轻的手提电话。如果体积在你看来举足轻重的话，这种电话可使用两种电池。大的一种使用时间较长，小的放在你的口袋里，外面没有一丝凸起的痕迹。3This instant full cream power is made from the Premium Grade milk. To prepare it you simply mix the powder with water and instantly you have nutritious, natural full cream milk.4rest room, four Asian Dragons (tigers), White Elephant Instant Noodle (lion), black tea, Duking (Bacchus)End part In testimony whereof, we have signed and sealed this contract on the day and year first written above.Exercise1 Gap filling(1) The terms reached by the contractual parties can be recorded in the form of_,_,_,_(2) A business contract can be divided into _ parts generally. The body part covers _.2 Translations （1）品质 保险 仲裁 交货期 付款方式 规格 工艺 包装 单价 总价 不可抗力 索赔 装运港 目的港 （2）This contract is made by and between the AA Corporation, a legal person incorporated and duly existing under the laws of PRC (herein after called party A) on one part, and BB Company Ltd, a company organized and duly existing under the laws of Hong Kong (hereinafter called Party B) on the other part according to the following terms and conditions.Chapter 4 Trade termsPriceInternational trade has, even in a single transaction, numerous procedures encompassing packing, insurance, customs entry, shipping, loadingunloading, transshipment, and import and export duties. Each procedure must be completed and the expense for ever procedure must be paid by either the seller or the buyer. There must be a clear specification regarding the following issues.1 responsibilities 2 associated expenses3 riskWhen quoting prices to his overseas buyer, an exporter will naturally take into account payment of various expenses involved in getting the goods from the factory or warehouse in his own country to the buyers premises. For example, an exporter, in calculating his export price, works out dock charges, clearing and forwarding charges, freight and insurance, and adds them, and certainly also their profit margin to the price paid to the manufacturer to make it, say, CIF Hamburg. What is CIF Hamburg? It is one of the trade terms, or delivery terms we usually use them. When an exporter and an importer reach a contract, they may be unaware of the different trading practices in their respective countries. This can give rise to misunderstanding, disputes and litigations with all the waste time and money that this entails. What is more, sending goods from one country to another, as part of an international transaction, can be a risky business. If they are lost or damaged, or if delivery does not take place for some other reason, the climate of confidence between parties to the contract may degenerate to a point where a lawsuit is brought. However, if the seller and the buyers in international contracts want their deals to be successful completed, they have, at the very beginning of the deal, to make clear to each other their respective obligations and find the full expression of those in the trade terms. In order to avoid or, at least, reduce to a considerable degree the uncertainties of different interpretations of such terms in different countries, the ICC first published a set of international rules for the interpretations of the most commonly used trade terms in foreign trade. These rules were known as Incoterms 1936,Amendments and additions were later made in 1953,1957,1976,1980.1990 and 2000.in order to being the rules in line with current international trade practices.Some sentences on price1 Wed rather have you quote us CIF price.2 when can we have your firm FOB price?3 Would you tell us the best price CIF Hamburg for the shirts?4 Can you make an offer, C&F Liverpool, at your earliest convenience?5 We have pleasure in enclosing our enquiry against which you are requested to make us an offer on FOB basis.6 It is understood that unless otherwise stated, all prices quoted hereafter are on the basis of CIF.7 The price is already very narrowly calculated, but in order to encourage business, we are prepared to allow you a discount of 5%.8 As the prices quoted are exceptionally low a