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.国际贸易实务教案Chapter 1 Brief Introduction to International Trade 国际贸易简介1.1 Reasons for international trade1.1.1Resources Reasons(1) Natural resources.(2) Favorable climate conditions and terrain.(3) Skilled workers and capital resources.(4) Favorable geographic location and transportation costs.1.1.2Economic Reasons(1) Comparative advantage(2) Strong domestic demand(3) Innovation or style1.1.3Political Reasons1.2 Problems Concerning International Trade1.2.1Cultural Problems(1) Language. (2) Customs and manners. 1.2.2Monetary Conversions1.2.3Trade BarriersIndividual countries put controls on trade for the following three reasons:(1) To correct a balance-of-payments deficit.(2) For reasons of national security.(3) To protect their own industries against the competition of foreign goods.Although tariffs have been lowered substantially by international agreements, countries continue to use other devices to limit imports or to increase exports. Some of these are:(1) requiring import licenses that permit only specific volumes or values imports;(2) setting quotas that limit the total value or volume of a product to be imported;(3) limiting government purchases to firms within the country;(4) applying standards for safety, consumer protection, or other reasons, which foreign products may not be able to meet;(5) making special payments called export subsidies to encourage local exporters to increase foreign sales;(6) targetinga new term meaning the imposition of a package of measures to give certain local industries a competitive advantage in export markets. It might include export subsidies, technical assistance, subsidies for research and development, and financial assistance;(7) requiring licenses to obtain foreign currencies by those who want to buy goods from abroadthus limiting the quantity of imports they can buy;(8) reducing the value of a nations currency in relation to that of the rest of the world so that its exported goods cost less in other countries and its imports cost more;(9) imposing conditions on foreign products such as requiring that their goods contain a certain amount of locally produced products;(10) restricting trade in banking, insurance, and other service professions.练习一：导论思考题：1国际贸易实务课程的主要任务和研究对象是什么？本课程包括哪些主要内容？2与国内贸易相比进出口贸易有何特点？3国际贸易中影响较大的惯例、条约有哪些？其主要内容是什么？有何特点？4根据我国合同法规定，合同应包括哪些主要内容？5进出口贸易一般要经过哪几个步骤？在进出口业务中，出口商/进口商的主要工作是什么？Chapter 5. Trade Terms and Export PricingPart I. Outline本章要点5.1 Trade Terms and International Trade Practices贸易术语与国际贸易惯例5.2 13 Trade Terms in INCOTERMS 20002000通则中的13中贸易术语5.3 Selection of Trade Terms贸易术语的选用5.4 Export Pricing出口定价5.1Trade Terms and International Trade Practices贸易术语与国际贸易惯例5.1.1 国际货物买卖适用的法律与惯例1、交易双方当事人所在国的国内法2、国家对外缔结或参加的有关国际贸易、国际运输、商标、专利、仲裁等方面的条约和协定。3、公认的国际贸易惯例5.1.2国际贸易惯例的性质与作用1、国际贸易惯例的含义2、国际贸易惯例的形成与发展国际贸易惯例的形成应具备以下几个条件：（1）它是经过长期反复实践而形成的，内容比较明确和具有规范性，是各国人民在经济活动中多次重复的经济行为。（2）需要经过有关国家民事方面的承认，并有国家的强制力保证它的实现，有赖于国际认可。（3）与现行法律没有冲突，不违背公共秩序和良好风俗，不违反国家利益，一般来讲也是现行法律中所没有规定的。3、国际贸易惯例的性质与作用5.1.3主要的国际贸易公约与惯例1、在买卖合同方面（1）1980年联合国国际货物销售合同公约；（2）英国1893年货物买卖法案。2、在贸易术语方面（1）国际商会2000年国际贸易术语解释通则；（2）国际法协会1932年华沙牛津规则；（3）美国全国对外贸易协会1941年美国对外贸易定义修正本。3、在结算方面（1）国际汇票与本票国际公约；（2）国际商会跟单信用证统一惯例，1993年修订，国际商会500号出版物；（3）国际商会托收统一规则，1995年修订，国际商会522号出版物。4、在运输方面（1）1924年统一提单的若干法律规则的国际公约（海牙规则）；（2）1968年修订统一提单的若干法律规则的国际公约的议定书（维斯比规则）；（3）1978年联合国海上货物运输公约（汉堡规则）；（4）1975年国际商会联合运输单证统一规则；（5）国际航空运输协定；（6）国际铁路货物联运协定（国际货协）；（7）国际铁路货物运输公约（国际货约）；（8）联合国国际货物多式联运公约。5、在运输保险方面（1）英国伦敦保险协会协会货物保险条款；（2）国际海事委员会1974年约克安特卫普规则。6、在仲裁方面（1）1976年联合国国际贸易法委员会仲裁规则；（2）1958年联合国承认和执行外国仲裁决定的公约。7、在专利与工业产权保护方面（1）1967年保护工业产权巴黎公约；（2）1967年商标注册马德里协定；（3）1967年商标注册条约；（4）1973年成立世界知识产权组织公约。5.1.4有关贸易术语的国际贸易惯例1、贸易术语的含义及其产生和发展2、贸易术语的作用（1）简化交易手续，缩短洽商时间，节约费用开支。（2）有利于交易双方进行比价和加强成本核算。（3）有利于妥善解决贸易争端。3、有关贸易术语的国际贸易惯例（1）1932年华沙牛津规则（Warsaw-Oxford Rules 1932）（2）1941年美国对外贸易定义修订本（Revised American Foreign Trade Definition 1941）（3）2000年国际贸易术语解释通则（INCOTERMS 2000）5.213 Trade Terms in INCOTERMS 20002000通则中的13种贸易术语国际电码交货地点风险转移界限出口报关国际运输货运保险进口报关适用的运输方式EXW商品产地、所在地货交买方处置时起买方买方买方买方任何方式FCA出口国内地、港口货交承运人处置时起卖方买方买方买方任何方式FAS装运港口货交船边后卖方买方买方买方水上运输FOB装运港口货物越过装运港船舷卖方买方买方买方水上运输CFR装运港口货物越过装运港船舷卖方卖方买方买方水上运输CIF装运港口货物越过装运港船舷卖方卖方卖方买方水上运输CPT出口国内地、港口货交承运人处置时起卖方卖方买方买方任何方式CIP出口国内地、港口货交承运人处置时起卖方卖方卖方买方任何方式DAF两国边境指定地点货交买方处置时起卖方卖方卖方买方任何方式DES目的港口目的港船上货物交买方处置时起卖方卖方卖方买方水上运输DEQ目的港口目的港码头货物交买方处置时起卖方卖方卖方买方水上运输DDU进口国内在指定目的地货交买方处置时起卖方卖方卖方买方任何方式DDP进口国内在指定目的地货交买方处置时起卖方卖方卖方卖方任何方式5.3 Selection of Trade Terms贸易术语的选用1、应注意各组贸易术语的特点2、考虑运输条件3、考虑货源情况4、考虑运费因素5、考虑运输途中的风险6、考虑办理进出口货物结关手续有无困难5.4 Export Pricing出口商品价格5.4.1components of price terms合同中的价格条款合同中商品单价一般包括四个部分，即：计价货币；单价；计量单位；贸易术语例如：“100美元/打 CIF伦敦”$ 100 per dozen CIF London type of currency; price per unit; measurement unit; trade terms 5.4.2 Money of Account计价货币的选择5.4.3 Commission and Discount佣金和折扣的运用5.4.4 Export Pricing出口定价Part II. Supplementary ReadingThe Three Popular Trade TermsTrade Practices and InterpretationsAbove all, it is deemed necessary for us to concentrate on the three popular delivery terms FOB, CFR, and CIF for practical reasons, and not worthwhile to delve into every one of the rest of the delivery terms, owing to their relatively limited application in our import and export trade.As a foreign trade worker there is every reason for you to be knowledgeable on the usual trade practices and different interpretations of these delivery terms. In the first place, you may surprisingly come across different interpretations of the delivery terms when negotiating a business contract or setting a dispute with foreign counterparts, granting that there are more similarities than dissimilarities in this respect. They are minor differences by and large. When you have a thorough grasp of this subject, you will be in a better position to drive a bargain with them and safeguard your interests against any possible snags. Secondly, the interpretation of the delivery terms and the international practice are rather conventional and, in a sense, deep rooted, having recognition by both buyers and sellers for a long time. If you can apply them dexterously to your advantage, it is conductive to the promotion of foreign trade. Thirdly, when any trade disputes arise, you may be able to invoke the appropriate trade practice to cope unswervingly with different and even intricate problems and settle the disputes. When you are sure of your approach and tactics, you can take the initiative in bargaining with business adversaries and avoid embarrassment. All this points to the necessity of acquiring correct understanding of these interpretations.FOBPort of ShipmentA. The seller must:(1) Supply the goods in conformity with the contract of sale, together with such evidence of conformity as may be required by the contract.(2) Deliver the goods on board the vessel named by the buyer, at the named port of shipment, in the manner customary at the port, at the date or within the period stipulated, and notify the buyer, without delay, that the goods have been delivered on board.(3) At his own risk and expense obtain any export license or other governmental authorization necessary for the export of the goods.(4) Subject to the provisions of articles B.3 and B.4 below, bear all costs and risks of the goods until such time as they shall have effectively passed the ships rail at the named port of shipment, including any taxes, fees or charges levied because of exportation, as well as the costs of any formalities which he shall to fulfill in order to load the goods on board.(5) Provide at his own expense the customary packing of the goods, unless it is the custom of the trade to ship the goods unpacked.(6) Pay the costs of any checking operations (such as checking quality, measuring, weighing, counting) which shall be necessary for the purpose of delivering the goods.(7) Provide at his own expense the customary clean document in proof of delivery of the goods alongside the named vessel.(8) Provide the buyer, at the latters request and expense (see B.6), with the certificate of origin.(9) Render the buyer, at the latters request, risk and expense, every assistance in obtaining a bill of lading and any documents, other than that mentioned in the previous article, issued in the country of shipment and/or of origin and which the buyer may require for the importation of the goods into the country of destination (and, where necessary, for their passage in transit through another country).B. The buyer must:(1)At his own expense, charter a vessel or reserve the necessary space on board a vessel and give the seller due notice of the name, loading berth of and delivery dates to the vessel.(2) Bear all costs and risks of the goods from the time when they shall have effectively passed the ships rail at the named port of shipment, and pay the price as provided in the contract.(3) Bear any additional costs incurred because the vessel named by him shall have failed to arrive on the stipulated date or by the end of the period specified, or shall be unable to take the goods or shall close for cargo earlier than the stipulated date or the end of the period specified and all the risks of the goods from the date of expiration of the period stipulated, provided, however, that the goods shall have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.(4) Should he fail to name the vessel in time or, if he shall have reserved to himself a period within which to take delivery of the goods and/or the right to choose the port of shipment, should he fail to give detailed instructions in time, bear any additional costs incurred because of such failure, and all the risks of the goods from the date of expiration of the period stipulated for delivery, provided, however, that the goods shall have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.(5) Pay any costs and charges for obtaining a bill of lading if incurred under article A.9 above.(6) Pay all costs and charges incurred in obtaining the document mentioned in articles A. 8 and A.9 above, including the costs of certificates of origin and consular documents.Variant of FOB TermsThe interpretation of FOB terms varies according to locality where the goods are loaded, in respect of incidence of loading expense. The general idea is that the seller shall bear all the expenses, responsibility and risks before his goods are loaded on board a ship. What is mean by “the goods are loaded on board a ship?” It is open to varied interpretations. This concept is construed in some countries as the goods having effectively passed the ships rail, and in some other countries as the goods having been placed on board of a ship, or having been put into the ships hold. These three stages of loading work are actually linked and encompassed in one operation. Which one of the three interpretations is adopted determines the way in which the expenses, responsibility and risks are divided between buyer and seller. It is a matter of concern to the foreign trade workers especially when they are negotiating a big business deal, say, 5,000,000m/t of wheat, coal, mineral ore and the like. The amount of loading expenses can be a staggering sum of money.It must be made clear at which point of time in the course of loading operation the risks shall pass from seller to buyer, and up to which point of time the buyer shall begin to bear the loading expenses. For instance, at some European ports, the seller shall pay all the expenses until the goods are put into the ships hold and stowed properly according to its usual practice (or custom) of the port; but at some other ports, the seller shall pay the loading expenses except stowing expenses. Furthermore, there is such a custom (or practice) of a certain port that the sellers obligation is to send the goods to the wharf godown (shed) only; at some other ports, the entire loading expense is to be divided equally between buyer and seller. In view of these variants, as a foreign trade worker he ought to be careful about the application of the FOB terms and may do well to choose one of the following FOB variants to suit his need.(1) FOB Liner TermsIt means that all the loading and unloading expenses are to be borne by the party who pays the freight, ie. the charterer of the carrying vessel. Under FOB terms, the sellers shall not pay loading expenses, the charterer being the buyer.(2) FOB StowedIt denotes that the seller pays the loading expenses including stowing expenses.(3) FOB TrimmedThis term signifies that the seller pays all the loading expenses including trimming expense (which actually also including stowing expense).(4) FOB Under TackleThis term only requires the seller to send and place the goods on the wharf within the reach of the ships tackle.RemarksWhen dealing with customers from Canada, the United States and Latin American countries, we must use caution, inasmuch as they are used to adopting “Revised American Foreign Trade Definition 1941”, which provides for six kinds of FOB terms, only one of which is identical with FOB terms as under Incoterms 2000. For instance, if you use FOB New York for your imports, it will be a serious mistake because in such a case the sellers will deliver the goods to the city of New York only. You must specify FOB vessel New York, in which case the sellers shall load the cargo on board a ship.Another point which concerns the interests of both seller and buyer is the timing of the arrival of the carrying ship which the buyer charters, at the port of shipment. If the arrival is well in advance of the stipulated date of shipment, the buyer may well be placed in an awkward position as the goods may not be ready for shipment, then who is going to pay the shipowner for the idle time, ie. the demurrage. Conversely if it is far behind the stipulated time, the warehousing expenses thus incurred should be borne by the buyer who is responsible for chartering the ship. Occasionally, the buyer may entrust the seller with chartering business, however in case he fails to charter a ship as required owing to some unforeseen circumstances, the seller is not liable for any expenses arising therefrom.In a nutshell, a foreign trade worker must bear in mind whose responsibility it is, the buyers or the sellers, to make various arrangements under different delivery terms, and what is the correct content of the responsibility. In the end he will not be puzzled when confronted with any difficulties in his export and import business.CIFPort of DestinationA. The Seller must:(1) Supply the goods in conformity with the contract of sale, together with such evidence of conformity as may be required by the contract.(2) Contract on usual terms at his own expenses for the carriage of the goods to the agreed port of destination by the usual route, in a seagoing vessel (not being a sailing vessel) of the type normally used for the transport of goods of the contract description, and pay freight charges and any charges for unloading at the port of discharge which may be levied by regular shipping lines at the time and port of shipment.(3) At his own risk and expense obtain any export license or other governmental authorization necessary for the export of the goods.(4) Load the goods at his own expense on board the vessel at the port of shipment and at the date or within the period fixed or, if neither date nor time has been stipulated, within a reasonable time, and notify the buyer, without delay, that the goods have been loaded on board the vessel.(5) Procure, at his own cost and in a transferable form, a policy of marine insurance against the risks of carriage involved in the contract. The insurance shall be contracted with underwriters or insurance companies of goods repute on FPA terms, and shall cover the CIF price plus ten percent. The insurance shall be provided in the currency of the contract, if procurable.Unless otherwise agreed, the risks of carriage shall not include special risks that are covered in specific trades or against which the buyer may wish individual protection. Among the special risks that should be considered and agreed upon between seller and buyer are theft, pilferage, leakage, breakage, chipping, sweat, contact with other cargoes and others peculiar to any particular trade.When required by the buyer, the seller shall provide, at the buyers expense, war risk insurance in the currency of the contract, if procurable.(6) Subject to the provisions of article B.4 below, bear all risks of the goods until such time as they shall have effectively passed the ships rail at the port of shipment.(7) At his own expense furnish to the buyer without delay a clean negotiable bill of lading for the agreed port of destination, as well as the invoice of the goods shipped and the insurance policy or, should, the insurance policy not be available at the time the documents are tendered, a certificate of insurance issued under the authority of the underwriters and conveying to the bearer the same rights as if he were in possession of the policy and reproducing the essential provisions thereof. The bill of lading must cover the contract goods, be dated within the period agreed for shipment, and provide by endorsement or otherwise for delivery to the order of the buyer or buyers agreed representative. Such bill of lading must be a full set of “on board” or “shipped” bills of lading, or a “received for shipment” bill of lading duly endorsed by the shipping company to the effect that the goods are on board, such endorsement to be dated within the period agreed for shipment. If the bill of lading contains a reference to the charterparty, the seller must also provide a copy of this latter document.Note: A clean bill of lading is one which bears no superimposed clauses expressly declaring a defective condition of the goods or packaging.The following clauses do not convert a clean into an unclean bill of lading:(a) Clauses which do not expressly state that the goods or packaging are unsatisfactory, eg. “second-hand cases”, “used drums”, etc.(b) Clauses which emphasize the carriers non-liability for risks arising through the nature of the goods or the packaging;(c) Clauses which disclaim on the part of the carrier knowledge of contents, weight, measurement, quality, or technical specification of the goods.(8) Provide at his own expense the customary packing of the goods, unless it is the custom of the trade to ship the goods unpacked.(9) Pay the costs of any checking operations (such as checking quality, measuring, weighing, counting ) which shall be necessary for the purpose of loading the goods.(10) Pay any dues and taxes incurred in respect of the goods up to the time of their loading, including any taxes, fees or charges levied because of exportation, as well as the costs of any formalities which he shall have to fulfill in order to load the goods on board.(11) Provide the buyer, at the latters request and expense (see B.5), with the certificate of origin and the consular invoice.(12) Render the buyer, at the latters request, risk and expense, every assistance in obtaining any documents other than those mentioned in the previous article, issued i
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