國際貿(mào)易實(shí)務(wù)_雙語教案_附術(shù)語中英文對譯

1、國際貿(mào)易實(shí)務(wù)教案Chapter 1 Brief Introduction to International Trade 國際貿(mào)易簡介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.1.1.2Econ

2、omic 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 f

3、or 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

4、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) a

5、pplying 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 gi

6、ve 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

7、 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 c

8、ertain amount of locally produced products;(10) restricting trade in banking, insurance, and other service professions.練習(xí)一：導(dǎo)論思考題：1國際貿(mào)易實(shí)務(wù)課程的主要任務(wù)和研究對象是什么？本課程包括哪些主要內(nèi)容？2與國內(nèi)貿(mào)易相比進(jìn)出口貿(mào)易有何特點(diǎn)？3國際貿(mào)易中影響較大的慣例、條約有哪些？其主要內(nèi)容是什么？有何特點(diǎn)？4根據(jù)我國合同法規(guī)定，合同應(yīng)包括哪些主要內(nèi)容？5進(jìn)出口貿(mào)易一般要經(jīng)過哪幾個步驟？在進(jìn)出口業(yè)務(wù)中，出口商/進(jìn)口商的主要工作是什么？Chapter 5. Trade Ter

9、ms and Export PricingPart I. Outline本章要點(diǎn)5.1 Trade Terms and International Trade Practices貿(mào)易術(shù)語與國際貿(mào)易慣例5.2 13 Trade Terms in INCOTERMS 20002000通則中的13中貿(mào)易術(shù)語5.3 Selection of Trade Terms貿(mào)易術(shù)語的選用5.4 Export Pricing出口定價5.1Trade Terms and International Trade Practices貿(mào)易術(shù)語與國際貿(mào)易慣例5.1.1 國際貨物買賣適用的法律與慣例1、交易雙方當(dāng)事人所在國的

10、國內(nèi)法2、國家對外締結(jié)或參加的有關(guān)國際貿(mào)易、國際運(yùn)輸、商標(biāo)、專利、仲裁等方面的條約和協(xié)定。3、公認(rèn)的國際貿(mào)易慣例5.1.2國際貿(mào)易慣例的性質(zhì)與作用1、國際貿(mào)易慣例的含義2、國際貿(mào)易慣例的形成與發(fā)展國際貿(mào)易慣例的形成應(yīng)具備以下幾個條件：（1）它是經(jīng)過長期反復(fù)實(shí)踐而形成的，內(nèi)容比較明確和具有規(guī)范性，是各國人民在經(jīng)濟(jì)活動中多次重復(fù)的經(jīng)濟(jì)行為。（2）需要經(jīng)過有關(guān)國家民事方面的承認(rèn)，并有國家的強(qiáng)制力保證它的實(shí)現(xiàn)，有賴于國際認(rèn)可。（3）與現(xiàn)行法律沒有沖突，不違背公共秩序和良好風(fēng)俗，不違反國家利益，一般來講也是現(xiàn)行法律中所沒有規(guī)定的。3、國際貿(mào)易慣例的性質(zhì)與作用5.1.3主要的國際貿(mào)易公約與慣例1、在買賣合

11、同方面（1）1980年聯(lián)合國國際貨物銷售合同公約；（2）英國1893年貨物買賣法案。2、在貿(mào)易術(shù)語方面（1）國際商會2000年國際貿(mào)易術(shù)語解釋通則；（2）國際法協(xié)會1932年華沙牛津規(guī)則；（3）美國全國對外貿(mào)易協(xié)會1941年美國對外貿(mào)易定義修正本。3、在結(jié)算方面（1）國際匯票與本票國際公約；（2）國際商會跟單信用證統(tǒng)一慣例，1993年修訂，國際商會500號出版物；（3）國際商會托收統(tǒng)一規(guī)則，1995年修訂，國際商會522號出版物。4、在運(yùn)輸方面（1）1924年統(tǒng)一提單的若干法律規(guī)則的國際公約（海牙規(guī)則）；（2）1968年修訂統(tǒng)一提單的若干法律規(guī)則的國際公約的議定書（維斯比規(guī)則）；（3）1978

12、年聯(lián)合國海上貨物運(yùn)輸公約（漢堡規(guī)則）；（4）1975年國際商會聯(lián)合運(yùn)輸單證統(tǒng)一規(guī)則；（5）國際航空運(yùn)輸協(xié)定；（6）國際鐵路貨物聯(lián)運(yùn)協(xié)定（國際貨協(xié)）；（7）國際鐵路貨物運(yùn)輸公約（國際貨約）；（8）聯(lián)合國國際貨物多式聯(lián)運(yùn)公約。5、在運(yùn)輸保險方面（1）英國倫敦保險協(xié)會協(xié)會貨物保險條款；（2）國際海事委員會1974年約克安特衛(wèi)普規(guī)則。6、在仲裁方面（1）1976年聯(lián)合國國際貿(mào)易法委員會仲裁規(guī)則；（2）1958年聯(lián)合國承認(rèn)和執(zhí)行外國仲裁決定的公約。7、在專利與工業(yè)產(chǎn)權(quán)保護(hù)方面（1）1967年保護(hù)工業(yè)產(chǎn)權(quán)巴黎公約；（2）1967年商標(biāo)注冊馬德里協(xié)定；（3）1967年商標(biāo)注冊條約；（4）1973年成立世界知

13、識產(chǎn)權(quán)組織公約。5.1.4有關(guān)貿(mào)易術(shù)語的國際貿(mào)易慣例1、貿(mào)易術(shù)語的含義及其產(chǎn)生和發(fā)展2、貿(mào)易術(shù)語的作用（1）簡化交易手續(xù)，縮短洽商時間，節(jié)約費(fèi)用開支。（2）有利于交易雙方進(jìn)行比價和加強(qiáng)成本核算。（3）有利于妥善解決貿(mào)易爭端。3、有關(guān)貿(mào)易術(shù)語的國際貿(mào)易慣例（1）1932年華沙牛津規(guī)則（Warsaw-Oxford Rules 1932）（2）1941年美國對外貿(mào)易定義修訂本（Revised American Foreign Trade Definition 1941）（3）2000年國際貿(mào)易術(shù)語解釋通則（INCOTERMS 2000）5.213 Trade Terms in INCOTERMS 2

14、0002000通則中的13種貿(mào)易術(shù)語國際電碼交貨地點(diǎn)風(fēng)險轉(zhuǎn)移界限出口報(bào)關(guān)國際運(yùn)輸貨運(yùn)保險進(jìn)口報(bào)關(guān)適用的運(yùn)輸方式EXW商品產(chǎn)地、所在地貨交買方處置時起買方買方買方買方任何方式FCA出口國內(nèi)地、港口貨交承運(yùn)人處置時起賣方買方買方買方任何方式FAS裝運(yùn)港口貨交船邊后賣方買方買方買方水上運(yùn)輸FOB裝運(yùn)港口貨物越過裝運(yùn)港船舷賣方買方買方買方水上運(yùn)輸CFR裝運(yùn)港口貨物越過裝運(yùn)港船舷賣方賣方買方買方水上運(yùn)輸CIF裝運(yùn)港口貨物越過裝運(yùn)港船舷賣方賣方賣方買方水上運(yùn)輸CPT出口國內(nèi)地、港口貨交承運(yùn)人處置時起賣方賣方買方買方任何方式CIP出口國內(nèi)地、港口貨交承運(yùn)人處置時起賣方賣方賣方買方任何方式DAF兩國邊境指定地

15、點(diǎn)貨交買方處置時起賣方賣方賣方買方任何方式DES目的港口目的港船上貨物交買方處置時起賣方賣方賣方買方水上運(yùn)輸DEQ目的港口目的港碼頭貨物交買方處置時起賣方賣方賣方買方水上運(yùn)輸DDU進(jìn)口國內(nèi)在指定目的地貨交買方處置時起賣方賣方賣方買方任何方式DDP進(jìn)口國內(nèi)在指定目的地貨交買方處置時起賣方賣方賣方賣方任何方式5.3 Selection of Trade Terms貿(mào)易術(shù)語的選用1、應(yīng)注意各組貿(mào)易術(shù)語的特點(diǎn)2、考慮運(yùn)輸條件3、考慮貨源情況4、考慮運(yùn)費(fèi)因素5、考慮運(yùn)輸途中的風(fēng)險6、考慮辦理進(jìn)出口貨物結(jié)關(guān)手續(xù)有無困難5.4 Export Pricing出口商品價格5.4.1components of p

16、rice terms合同中的價格條款合同中商品單價一般包括四個部分，即：計(jì)價貨幣；單價；計(jì)量單位；貿(mào)易術(shù)語例如：“100美元/打 CIF倫敦”$ 100 per dozen CIF London type of currency; price per unit; measurement unit; trade terms 5.4.2 Money of Account計(jì)價貨幣的選擇5.4.3 Commission and Discount傭金和折扣的運(yùn)用5.4.4 Export Pricing出口定價Part II. Supplementary ReadingThe Three Popular

17、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 applicati

18、on 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

19、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

20、 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

21、 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 tac

22、tics, 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

23、 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

24、 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 effective

25、ly 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

26、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 del

27、ivery 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 mentione

28、d 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

29、 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 p

30、ay 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

31、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

32、 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 risk

33、s 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

34、 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

35、 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

36、. 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 o

37、peration. 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 w

38、heat, 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 exp

39、enses. 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. Furt

40、hermore, 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

41、 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

42、. 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 (whic

43、h 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, inasmuc

44、h 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 ca

45、se 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 buy

46、er 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

47、 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 ci

48、rcumstances, 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.

49、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 o

50、n 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 unload

51、ing 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

52、 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 m

53、arine 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 procura

54、ble.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,

55、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 al

56、l 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 insura

57、nce 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 th