黎孝先國際貿(mào)易實務(wù)

1、黎孝先國際貿(mào)易實務(wù)THE PRACTICE OF INTERNATIONAL TRADEProgrammer: Zhou MingzhiMajors applicable: International Economics and International TradeHours planned: 48Reference books: Wang Haiyan, Liu Yingchun, The Practice of International Trade DalianMaritime University Press, first publication 2004.黎孝先國際貿(mào)易實務(wù)，對外貿(mào)

2、易教育出版社，2000年。吳百福進(jìn)出口貿(mào)易實務(wù)教程，上海人民出版社，2001年第三版。Preface:1( Main tasks of this courseThe main tasks of this course are studying and analyzing from both the economic and legal points of view the various practice of international commodities exchange, summerizing China* spractical experience of doing intern

3、ational trade, so that students are able to, after learning this course, do import and export business flexibly in the ways acceptable internationally while carrying out our foreign trade policy properly and create the best economic efficiency.2 ( General goals to be achievedSpecifically, the follow

4、ing contents are to be mastered when studying this course: the basic procedures and methods of international trade, the contents of an import and an export contract, including the name and specification of commodity, the price and trade terms, transportation, insurance, payment terms, claim and arbi

5、tration, and force majeure clause, and ways of negotiating (offer, counter-offer and acceptance) and execution of an international contract. Building up the studentsf actual operational ability of doing business and making out documents for settling payment is the basic requirement and the general g

6、oal of this course. 3( Principle of editingThis outline is based on the 2005 teaching program for the international economic and trade majors of ZZIA.4( Suggestions,This course should be preceded by western economics, international laws, internationalfinance and merchandizing,Case-analyzing teaching

7、 method and operation-mock aided teaching system should to beused in teaching process.,More teaching ours should be added for this course when using the above teachingmethod5( Teaching ours arrangementChapters Contents Total Remarkshours Class PracticeteachingPreface 2 2Commodity and description 6 6

8、Trade terms and price 642Transportation of goods 642Insurance of goods in transit 4 4Payment 642Inspection, claims, arbitration 4 4 and force majeureBusiness Negotiation and 642conclusion of a contractPerformance of a contract 4 4Modes of int 1 trade, new int 122 standards & E-conimerceMain content

9、of each chapterpreface (2 hours)Aim of teaching:To provide the students with a general profile of this course by briefly introducing the development of international trade, the main contents and methods of teaching, the significances and ways of international trade, so as to arouse their interest in

10、 learning this course and lay a solid foundation for further teaching and studying.Content of this chapter:This course, the practice of international trade, is an applied course, which involves incontacts with foreign countries, thus foreign trade policies and international trade laws and practices

11、as the United Nations Convention on Contracts for the International Sale of Goods andChina s Contract Law. So, it is much more complicated, risky, time consuming and difficult than doing domestic trade. Therefore, we should keep a keen eye on the development of both international and our countryf s

12、policies and China, s foreign trade practice. Difficult and importantpoints: the characteristics of international trade.Commodity and Description (6 hours)Aim of teachingStudy the ways of describing commodities in contracts and relevant laws on description. Content of this chapter:Name of commodity

13、and quality,The name of the commodity in a contract must be clearly defined, in detailsand with specifications if needed, and should be in conformity with international practice.,The quality of goods refers to the inner quality, constructions, chemicalcontents and its outer features as color, shape

14、and so on. Different quality andname of commodity has different value and price. The description of goodsand their quality in the contract are the basic conditions on delivery.,The subsequent consequences of violation of the contract clauses of name andquality in performing contract., Ways of specif

15、ying the quality in contractSales by sample: by the sellers* , the buyers * or countersampleSales by description: by specifications, standard, brand, grade, origindescription in words or diagram etc.Quantity of conimodity,The clause concerning the quantity of goods is one of the most important ones

16、in the sales contract and serves as the bases of delivering and accepting.,Legal consequences of violating the quantity clause of the contract by the sellers., Measuring units commonly used in contracts of international sales: the British system, American system, metric system and the international

17、system., Ways of measuring goods by weight： gross weight, net weight, conditioned weight and theoretical weight.,Quantity tolerance: approximate, more or less in quantity andprice.Section 3 PackingPacking has the following functions: protecting cargo, facilitating handling and transportation and pro

18、moting sales. Packing can be divided into transportation packing and sales packing according to the purpose of packing. On the surface of packing, there are usually marks which are classified into shipping marks, indicative marks and warning marks. The standard shipping marks recommended by the ISO.

19、Main content of the packing clause in a sales contract: packing materials, methods of packing and packing fees. The cost pf packing is usually included in the price of the goods quoted, but, if the buyer has special requirements in excess of the usual packing, the extra fees are usually born by the

20、buyer and the contract should be so stipulated.Important and difficult points:Quality tolerance and quality latitude： conditioned weight, approximate weight and quantity latitude, shipping marks and neutral packing.Chapter 3 Trade Terms and Pricing (6hrs)Aim of teaching and requirement:Trade terms a

21、re important points in this course. Students are required to master at least the most frequently used three terms: FOB, CFR and CIF in international trade and other three newer terms: FCA, CPT and CIP which are becoming more and more popular in world trade. Students should be able to use these terms

22、 freely and make offers correctly in accordance with the international trade practices.Main content of this chapterSection 1 definition of trade terms and the relevant international practicestrade terms are used to divide the risk liabilities between the buyer and the seller,determine the bearers of

23、 fees and the time and place of transference of the title tothe goods.the most influential international trade practices on trade terms.Warsaw- Oxford Rules 1932. It was worked out and revised by the InternationalLaw Association to explain CIF term with details on the essence of the CIFcontract; ris

24、ks, liabilities and fees born by both parties, and ways of transferenceof title to the goods.the Revised American Foreign Trade Definitions 1941. It includes six trade termsand defined FOB in detail with six different definitions. It has a certain influencein North America and Latin America.Internat

25、ional Rules for the Interpretation of Trade Terms 2000-InternationalCommercial Terms for Short (Incoterms2000). This is the most frequently usedand most popular international practice in the world today. It is the latest revisionby the International Chamber of Commerce. It includes 13 trade terms th

26、at areusually divided into four groups namely the E, F, C, D group which stand forDeparture, Main carriage unpaid, Main carriage paid and Arrival respectively. Section 2 Main trade termsThis section mainly introduces six main terms: FOB, CFR, CIF, FCA, CPT and CIP of the Incoterms 2000. Under the fi

27、rst three terms the seller delivers when the goods pass the ship s rail at the named port of shipment while under the last three ones the seller delivers the goods when they are handed over to the carrier nominated by him. The important points are the first three terms which are usually called uthe

28、old three termsn ,but the last three ones are becoming increasingly important with the development of containerization and combined modes of transportation in international trade. 1. the three most popular terms: FOB, CFR and CIFWe should pay attention to their definitions, variation forms and their

29、 difference with the explanations of FOB term in the RevisedAmerican Foreign Trade Definitions 1941.When using FOB term special attentions should be paid to the definition of pass theship s railv , the connection of goods with the carrying vessel and the problem of bearing the fees of loading when c

30、hartering a ship.Under CFR, as the seller delivers the goods at named the port of shipment, the problem as to who bears the unloading charges should be made clear under a chartering party, and it is of vital importance for the seller to notice the buyer the exact time of shipment when completed so t

31、hat the buyer won* t lost time to effect insurance for the goods delivered.With CIF, the coverage of insurance, booking shipping space, bearing of unloading fees under voyage charter party and symbolic delivery are important issues that must be clarified to both parties.three commonly used trade ter

32、ms under which the seller delivers to the carriernominated by him.Definitions of FCA, CPT and CIPPoints to note using FCA, CPT and CIP:Different places of delivery under different modes of transportation, transfer of risks, fees and responsibilities relating to delivery under FCA;Places of transferr

33、ing risks from the seller to the buyer, clarification of fees and responsibilities, difference between CPT andCFR under CPT; andCorrect understanding of risks and insurance, reasonable pricing and the difference between CIP and CIF.Other seven trade termsThey are EXW, FAS, DAF, DES, DEQ, DEU and DDP

34、, out of which 5 belong to arrival terms, i. e. delivered at a place in the importing country, such as the frontier, port or an inland place of the buyer s country. They are less popular than the previous sixones although they can meet some of the needs of the dealers, and therefore not the importan

35、t points of this unit.The price clause in a sales contractImportant points: principles of pricing in our country, s foreign trade, currencyselection, value protection, ways of pricing, fixed price and nonfixed price, adjustment of price and trade terms selection.Formation and evaluation of cost, com

36、mission and discount of import and exportFormulas used in evaluation of the cost of a product ( profit rate, foreign exchange earning cost rate); commission and rebate, commission included price and net price. Key and difficult points:The six most commonly used trade terms-FOB, CFR, CIF, FCA, CPT an

37、d CIP; pricechanges with the use of different trade terms; evaluation of cost of import and export.International cargo transportation (6hrs)Aim of teaching and requirement：Transportation is one of the most key procedures in international trade. Students are require to learn in this chapter knowledge

38、 about different modes of transportation, calculation of freight, shipping documents and procedures in effecting international trade.Main content:Modes of transportation and their featuresMarine transport, railway transport, transport by air, by container and multimode transport.Marine transportLine

39、r transport, charter transport; ways and standard of calculating liner freight. Section 3 Shipping documentsDifferent shipping documents and their characteristics under different modes of transport; the essence, classification and characteristics of ocean bill of lading. Key points: on board B/L, cl

40、ean B/L, direct B/L, to order B/L, ante-dated B/L and advanced B/LThe transportation clause in a foreign trade contract.Shipping and delivery, symbolic delivery, port/place of loading and port/place of discharge(or port/place of shipment and port/place of destination); shipping validity and shipping

41、 advice; demurrage and discharge money.Key and important points:Liner transport and charter transport, liner, s freight, demurrage and discharge money,ocean B/L, actual and symbolic delivery.International Cargo Transportation Insurance (4hrs)Aim of teaching and requirement：Insurance is one the indis

42、pensable key links in international trade. Contents to be mastered in this chapter are: the character of insurance, different liabilities of different coverage of risks, procedures of taking insurance and premium calculation. Main content:Risks covered by marine transportation insurance; loses and f

43、ees; insurance categories undertaken by PICC; premium calculation, warehouse to warehouse clause. Section 2 Insurance of other modes of transportationOverland transportation, aviation transportation insurance postparcel insurance Section 3 Insurance documents and practicesInsurance policy and insura

44、nce certificate, open policy and insurance clause in a contract.Key and difficult points:Risks and loses, CIC and ICC insurance clauses, warehouse to warehouse clause and insurance documents.International Payment (8hrs)Aim of teaching and requirement：Payment of proceeds is another key part of this c

45、hapter. So, after learning this chapter, students are required to have a thorough knowledge of the different terms of payment, including their characteristics and usual practices as well as the stipulations of a payment clause in a contract.Main content:Payment is one the most important concerns of

46、both parties to a contract. Contents in this part include payment documents, types of payment and time of payment. Section 1 Payment tools (documents)International payment and settlement are usually conducted through transference of commercial and/or financial documents (rather than by the flow of c

47、ash) and among those financial documents draft is the most popular one.Definition of draft, indispensable parts of a draft, circulation of a draft, transfer, discount, dishonor and recourse of a draft, document law and international trade practices are important parts of this chapter.A brief introdu

48、ction of promissory note and checksRemittance and collectionRemittance, collection and L/C are the three main payment methods conimonly used in our countryf s foreign trade apart from a minor part by inter-government accounts on the bases of payment settlement agreements between our country and a fe

49、w other countries.Remittance is a one- way method, which means that the draft flows the same direction as the money. In this way, the buyer take the initiative to remit the money directly to the seller. Remittance belongs to commercial credit. It includes mail transfer(M/T),telegraphic transfer (T/T

50、) and demand d raft (D/D). In internationaltrade, it is usually used to remit advance payment, down payment, sample fees and commission, etc. Collection is a return method which means that the creditor (usually the seller) issues a draft and entrusts a local bank to send it to a relative bank or its

51、 branch in the debtor* scountry to collect the money from the debtor (usually the buyer). It also belongs to commercial credit.Collection should be conducted in compliance with the Uniform Rules for Collection, ICC Publication No. 522 (URC 522).Documentary collection is more popular than clean colle

52、ction in international trade and documents against acceptance (D/A) is riskier than documents against payment (D/P) to the seller.Letter of CreditLetter of credit (L/C) payment is also a return method. In L/C payment the issuing bank takes the primary liabilities for payment and thus L/C payment bel

53、ongs to bank credit. There might be eight parties to an L/C.The basic procedure of L/C paymentThe characteristics of L/C payment: the issuing bank has the primary and independent liabilities for payment; an L/C is a self-sufficient instrument although it is issued on the bases of a sales contract; a

54、n L/C is simply a document transaction; documents must be strictly incompliance with the relevant L/C with each other.Ls/C can be classified into many different types based on their characteristics, forms, time of payment and usages.Main contents of Uniform Customs and Practice for Documentary Credi

55、t 1993 Revision (ICC Publication No. 500)Content of L/C payment clause: time of issuing, type of L/C, date of payment, amount of L/C, expiry place etc.Banker * s Letter of Guarantee (L/G) and Standby L/CDefinition of banker * s L/G, parties to an L/G, main content of it, its utilization and characte

56、ristics;Characteristics of standby L/C;The differences between banker1 s L/G and standby L/C;The differences between standby L/C and documentary L/C;other payment methods and utilization of payment methods in a contract Other payment methods include factoring and deferred paymentIn order to facilita

57、te a successful conclusion of a transaction, flexible utilization of payment terms and a combination of two or more payment methods can be used, such as a combination of L/C with remittance, L/C with collection and remittance with banker * s L/G etc.International factoringDefinition of factoring; co

58、ntent of international factoring; types of international factoring; procedures of international factoring;export factoring agreement. Key or difficult points:Payment instruments and methods, financial documents and utilizationof financial documents, L/C and banker * s L/G. International factoring Ch

59、apter 7 Inspection , claims, arbitration and Force Majeure (4hrs) Aim of teaching and requirements：To introduce to the students the provisions and some knowledge on inspection, claims arbitration and Force Majeure which are usually included in the sales contract as clauses.Main content:Inspection of

60、 conimoditiesIn international trade, inspection refers to inspection or authentication conducted by a third qualified party as arranged on the goods sold or to be sold so as to determine their quality, quantity and packing as to whether they are up to the standard or provisions in the sales contract