The details of international business are growing more complex by the day - and even the most seasoned professionals can find themselves in need of guidance.This comprehensive answer book supplies readers with a clear view of the entire export/import process, explaining the ins and outs of shipping and insurance; payment mechanisms; distributors vs. agents; customs and export control requirements; and transportation issues.
Featuring dozens of sample contracts, procedures, checklists, and ready-to-use forms - Export/Import Procedures and Documentation is an authoritative voice in the ever-changing, often confusing world of international laws and regulations. The revisedfifth edition contains new and expanded information on topics including:
Thorough and accessible, this trusted resource provides readers with the tools they need to manage supply chain dynamics around the world, and keep everything organized, up-to-date, and above board each step of the way.
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DONNA L. BADE is a managing partner of the Chicago office of the international trade law firm, Sandler, Travis & Rosenberg, P.A. She is past President of the Chicago Brokers & Freight Forwarders Association, and of the Customs Committee of the Chicago Bar Association.
Even if you’re a seasoned export/import professional, you might be surprised at just how many different factors affect your international business strategy.
For more than 20 years, one book has been the definitive authority on doing global business properly, legally—and profitably.
Now in its fifth edition, Export/Import Procedures and Documentation has been revised and updated to reflect new changes in trade policies, regulations, and both U.S. and international law. Everything you need to grow and protect your business and its export and/or import dealings is included here, from sourcing good supply chain partners to keeping spotless, bullet-proof records.
Boasting a peerless resume in both international business and the law that governs it, author Donna Bade has packed this latest work with:
• Sample documents such as customs forms, purchase agreements, bills of lading, invoices, inspection certificates, penalty and seizure notices, letters of credit, and more
• Everything you need to know about the several government agencies that oversee international sale and purchase
• Training materials so your entire staff can hit the ground running
• Planning and organization strategies to streamline every step and interaction
• The latest information on new laws, stricter enforcement, and increased noncompliance penalties
You’ll get clear and consistent answers to questions regarding trade terminology, including a glossary of more than 250 terms and acronyms with unique or specialized meanings in export/import applications. Plus, a host of specific and detailed scenarios will light the way through specific and potentially problematic situations.
You’ll also learn how to create and manage more secure interactions and how to avoid the legal and procedural pitfalls that have tripped up many companies in recent years.
International business opportunities never stop growing—nor do the opportunities to fail. Now more than ever, you need the knowledge, resources, and tools to help you do everything right. You need the fully updated fifth edition of Export/Import Procedures and Documentation.
As global political and economic landscapes shift and evolve, so do export and import challenges. And despite advances in technology, communication, and logistics, things are not getting any less complex. The ramifications of improper and/or uninformed procedures are serious, and one false move could be disastrous—even a death blow—to your organization. There has never been a more critical time to be up-to-date and in compliance with every single rule, law, regulation, and policy regarding your company’s procedures and documentation as it does business in this hugely profitable but potentially treacherous landscape.
The fifth edition of the landmark Export/Import Procedures and Documentation leaves absolutely no stone unturned, no potential trap overlooked. Every step of proper international business dealings is accounted for and covered in exhaustive detail, from initial presales work to post-customs final destination. With fully updated information on hundreds of topics, the book is the first and last word on:
• Organizing for Importing and Exporting. Oversight and compliance; job responsibilities and interacting with other departments; important considerations in the hiring of foreign nationals.
• International Trade Terminology (Incoterms®). Understanding what these standardized export and import terms mean—and what they don’t.
• Export Controls and Licenses. What each of the several export agencies controls and how to determine their requirements and any potential exceptions; how the 2009 Export Control Reform Initiative has changed, and continues to change, and what it means to your business.
• Import Classification and Valuation. Antidumping and countervailing duties; duty reduction programs; and opportunities.
• Country of Origin. How the meaning of this term changes with its purpose: basic duty purposes, free trade agreement purposes, government procurement purposes, and more; and when you can and cannot declare your products to be “Made in the U.S.A.”
• Specialized Import and Export Situations. Information includes crucial updates on what additional government agencies and requirements you’ll need to satisfy.
• And much more.
The book also includes a huge array of materials and tools for onsite use, including:
• A simple yet thorough overview of export and import procedures
• Guidance on Internet purchasing and sales
• Dozens of sample documents and precise procedures—with checklists, so you’ll know they are being followed to the letter
• Questionnaires, drills, and debriefs to make sure you’re prepared for the inevitable audit
• Plain-language, super-detailed legal requirements—and sobering information on penalties for noncompliance
• Sample contracts for both export and import
• Exhaustive glossary of international trading terms and acronyms
Export/Import Procedures and Documentation emphasizes real-world application and navigation of everyday and unforeseen trade circumstances, including detailed consideration of security issues: preimport and supply chain concerns, security filing requirements, and much more. There are also strategies and guidelines for importing and exporting online, and thorough discussion of Internet-based documentation, including the Automated Commercial Environment (ACE) and how to access and use State and Commerce Department websites.
Indispensable in utility and unmatched in authority, Bade’s latest handbook is simply the first and last word in doing global business the right way: with nothing left to chance, nothing open to undue scrutiny, and nothing to stop your enterprise from enjoying sustained and substantial growth.
Donna L. Bade is the managing partner of the Chicago office of the international trade law firm of Sandler, Travis & Rosenberg, P.A. She began as a licensed customs broker and freight forwarder before attending law school. She has taught Import and Export Trade Law at The John Marshall Law School as well as given numerous seminars and webinars throughout the United States. She is past President of the Chicago Brokers & Freight Forwarders Association and of the Customs Committee of the Chicago Bar Association.
Preface
The world of international trade changes daily and staying current with those changes is complex. Unrest in the Ukraine and the Middle East results in sanctions by the United Nations, the United States, and the European Union. Tensions ease in countries formerly sanctioned by the United States and new general licenses are issued. Defense articles previously controlled by the Department of State are transferred to the Department of Commerce with new licensing requirements or in some cases no licenses required at all. New free trade agreements between countries allow for raw materials to transfer from one country to another duty free, making the cost of the manufacturing less expensive, but the record-keeping to support the duty-free claim is vital. Keeping all the balls in the air for trade compliance, supply chain efficiency, and financial competitiveness is challenging. For the experienced international trade professional, it is all about staying abreast of the changes and implementing them into their supply chain as quickly and efficiently as possible. For the startup or domestic company that is first venturing abroad, complying with the rules and regulations for the numerous government agencies in the United States and in other countries can be daunting.
This book provides guidance for the novice to the basic import and export requirements, both from the perspective of the United States, but it also discusses the universality of many compliance requirements established by the World Customs Organization of the World Trade Organization. It is also a handy resource for experienced international traders to review an area that may be unfamiliar to them or to just review the exact language on a specific Customs document.
My career path in international trade was all about making lemonade out of lemons. Having no job in a recession led me to a career first as a customs broker and then as an international trade attorney, and I never looked back. It is precisely the fact that my world is in constant change that keeps me intrigued. It is the variety of commodities and services that my clients offer; the problems they encounter in the countries they import from and export to; the constant evolution of international agreements; the revised focus of each new administration; and the broad spectrum of agencies that regulate the movement of goods in and out of countries that make this business an ongoing challenge.
I am a member of Sandler, Travis & Rosenberg, P.A., co-chair of the firm's Import and Export Practice Group, and manage the firm's Chicago office. I feel like one of the elder statesmen these days when I realize that I have been working in this field for more than 40 years. I have lectured extensively on import and export trade regulations at meetings, seminars, and webinars. I have actively participated in many organizations dedicated to this industry and even spent a few years as an adjunct professor teaching lawyers the basics of importing and exporting in the LLM program in International Trade at The John Marshall Law School.
I am very fortunate to have worked with many extremely knowledgeable professionals in this field and have learned from their experience, intelligence, and humor over the years, and in some cases all you can do is laugh. My gratitude goes out to many of them, including Thomas Johnson, the former author and co-author of this book on whose shoulders I stand, Lee Sandler, Len Rosenberg, Tom Travis, Jack Cline, Al D'Amico, Chet Wilson, and many others too numerous to name.
I wish to acknowledge and express my appreciation for the assistance, patience, and moral support provided by Nicole Kehoskie, Mark Segrist, Michelle Mejia, Aman Ansari, and Joey Martinez of the Chicago STR office while I put this edition together. I also wish to thank my editor, James Bessent, for turning what I originally put in writing into something that is both readable and understandable. Finally, my deepest appreciation goes to my family, Thomas, Lindsey, and Tom, for their ongoing love and support.
The information contained herein is accurate as far as I am aware and is based on sources available to me. Nevertheless, it is not legal advice, and specific legal advice based upon the facts and circumstances of the reader's own situation should be sought in making export or import decisions. Any comments or suggestions for the improvement of this book will be gratefully accepted.
Donna L. Bade
Sandler, Travis & Rosenberg, P.A.
Chicago, Illinois
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