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Incorrect information about foreign law may result in the prohibition of importation of
the exporter’s product, or it may mean that the customer cannot resell the product as
profitably as expected. Unfortunately, customers often overlook those things that may
be of the greatest concern to the exporter. As a result, it may be necessary for the
U.S. exporter to confirm its customer’s advice with third parties, including attorneys,
banks, or government agencies, to feel confident that it properly understands the
foreign law requirements. Some specific examples are as follows:
1. Industry standards
One type of foreign safety standard that is becoming important is the ‘‘CE’’
mark required for the importation of certain products into the European
Community. The European Community has issued directives relating to safety
standards for the following important products: toys, simple pressure vessels
and telecommunications terminal equipment, machinery, gas appliances,
electromagnetic compatibility, low voltage products, and medical devices (see
www.newapproach.org.). Products not conforming to these directives are
subject to seizure and the assessment of fines. The manufacturer may
conduct its own conformity assessment and self-declare compliance in most
cases. For some products, however, the manufacturer is required (and in all
cases may elect) to hire an authorized independent certifying service
company to conduct the conformity assessment. The manufacturer must
maintain a technical construction file to support the declaration and must have
an authorized representative located within the European Community to
respond to enforcement actions.
The ISO 9000 quality standards are becoming increasingly important for
European sales. One helpful source of information in the United States is the
National Center for Standards and Certification Information, a part of the
Department of Commerce National Institute of Standards and Technology,
www.nist.gov, which maintains collections of foreign government standards by
product. The National Technical Information Service, www.ntis.gov, the
Foreign Agricultural Service of the Department of Agriculture,
www.fas.usda.gov, and the American National Standards Institute,
www.ansi.org, which maintains over 100,000 worldwide product standards on
its NSSN network, also collect such information. Canada has the 20 exporting:
Procedures and Documentation Standards Council, www.scc.ca, and
Germany has the Deutsches Institut für Normung (DIN), http://www.din.de/de/
The countries of export destination may have absolute quotas on the quantity
of products that can be imported. Importation of products in excess of the
quota will be prohibited. Similarly, it is important to identify the amount of
customs duties that will be assessed on the product, which will involve
determining the correct tariff classification for the product under foreign law in
order to determine whether the tariff rate will be so high that it is unlikely that
sales of the product will be successful in that country, and to evaluate whether
a distributor will be able to make a reasonable profit if it resells at the current
market price in that country. It is especially important to confirm that there are
no antidumping, countervailing, or other special customs duties imposed on
the products. These duties are often much higher than regular ad valorem
duties, and may be applied to products imported to the country even if the
seller was not subject to the original antidumping investigation.
3. Government contracting
Unlike the United States, many nations of the world have exchange control
systems designed to limit the amount of their currency that can be used to buy
foreign products. These nations require that an import license from a central
bank or the government be obtained in order for customers in that country to
pay for imported products. For a U.S. exporter who wishes to get paid, it is
extremely important to determine (1) whether an exchange control system
exists and an import license is necessary in the foreign country, (2) what time
periods are necessary to obtain such licenses, and (3) the conditions that
must be fulfilled and documentation that must be provided in order for the
importer to obtain such licenses.
6. Value-added taxes
3. Tariff classification: clasificación arancelaria. Sistema por el cual, todas las mercaderías
son objeto de una clasificación en la Nomenclatura Arancelaria correspondiente, con
base en el Sistema Armonizado de Clasificación y Codificación de Mercancías, de modo
tal que, todas y cada una de ellas pueden ser clasificadas en alguna partida arancelaria,
con su correspondiente arancel de importación y exportación.
To be able to export, every American company must know the laws that may influence its
export, for this reason it is the duty of the exporter not only to rely on the information that can
be obtained from the client but to know the foreign law
the wrong information obtained by an exporter may have the consequence of not importing
your product or that the resale is not profitable. Cor this reason it is necessary to have clear
requirements such as
1. industry standards: it is necessary to be able to identify the minimum standards required
in the manufacture of the product before shipmentf such as the directives
that the european community has placed on some products such as toys, machinery,
medical devices, etc. if the product does not meet the minimum requirements, it is
possible that seizures or fines may be generated that may damage the operational
profits.
the ISO. quality standards are increasingly important for european sales. therefore it is
necessary to rely on the entities that contain or group the rules of foreign governments
by product.
2. foreign customs laws: some countries have rules such as quantity of products
entering their country, customs duties according to the tarif classification, antidumping
confirmation.
these rules are violated, fines such as twice the value of the merchandise (France) five
times the value of this (India) or confiscations as in , china may occur, that is why in the
slightest doubt that is obtained about the export is looking for an administrative decision
of the foreign customs agency, a process that although delays production and delivery
plans can be beneficial for both parties
3. government contracting: Any sale made to government agencies involves special
procedures and documents, although they may also qualify for customs tarifs or import
license exemptions.
4. buy the American equivalent: foreign government laws promulgate regulations that give
special treatment to the products of your own country therefore it is necessary and
mandatory to verify if the products in the process of sale are in such regulations.
5. exchange controls and import licenses: many countries limit the amount of money that
can be used for the purchase of foreign products, it is important to determine if a change
control system exists and if necessary in the country to which it is going export and the
conditions to obtain those licenses
6. value added tax: these taxes are applied to imported goods, therefore customs duties
plus value added must be paid. when the importer marks and resells the goods, he will
collect the buyer I’s tax which he must remit to the tax authorities after taking a credit for
the taxes owed on the importation.
7. specialized laws: some regulations of the united states regulate all
manufactured products before entering into a sales agreement, quotation or delivery
dates to a client
Declarative sentence
Every American company must know the laws that can influence its export
Imperative sentence
Conditional sentence
Elabore un gráfico con el cual explique los diferentes ejemplos de cumplimiento con
las leyes extranjeras, utilizando las preposiciones de lugar.
Carry out the
corresponding negotiation
with the buyer
n
among
Security
Security
certifications
certifications
tagged
tagged
Sanitary
Sanitary
controls
controls
Generate export
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1
Johnson, T. y Bade, D. (2010). Export/import procedures and documentation. Estados Unidos:
American Management Association.
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