- International services: concept, classification. Characteristics of certain types of foreign economic transactions for the purchase and sale of services.
IN modern conditions Transactions for the purchase and sale of services are in most cases independent operations, separate from transactions for the purchase and sale of goods.
There are two groups of transactions for the purchase and sale of services:
1. basic
2. servicing the purchase and sale of goods.
The main purchase and sale transactions for services include:
Transactions for the provision of production and technical services (engineering);
Lease transactions;
Transactions on the export and import of tourism services;
Transactions on consulting services in the field of information and management improvement.
A. Production and technical services, received in international practice the name engineering, represent a range of commercial services for preparing and supporting the process of production and sales of products, servicing the construction and operation of industrial, infrastructure, agricultural and other facilities.
Providing, on the basis of an engineering contract, the full range of services and supplies necessary for the construction of a new facility is called integrated engineering. It includes three separate types of engineering services, each of which can be an independent subject of a transaction:
1. consulting engineering, mainly related to intellectual services in the design of facilities, development of construction projects and monitoring of work;
2. technological engineering, which means providing the customer with the technology necessary for the construction of an industrial facility and its operation, development of projects for energy and water supply, transport, etc.;
3. construction and/or general engineering, involving the supply of equipment, machinery and (or) installation of installations, including, if necessary, engineering work.
Engineering and consulting services are provided in the form of technical documentation, research results, initial data for construction, economic calculations, diagrams, recommendations, etc. According to the UNECE interpretation, this includes the following services:
Conducting preliminary feasibility studies and studies related to general design;
Planning and preparation of drawings and cost estimates;
Planning and drawing up a financing program;
Preparation of preliminary sketches, design documentation, detailed drawings and specifications;
Preparation of technical conditions for participation in tenders and issuing recommendations on incoming proposals, evaluation of proposals for the construction of facilities;
Control over the construction, manufacture of equipment, installation, adjustment and commissioning of equipment;
Issuance of certificates on the quality of work performed.
B. Lease transactions - leasing of the leased item to a foreign counterparty. One of the parties to the transaction - the lessor - provides the other party - the lessee - with a leased item for exclusive use for a set period of time for a certain fee. The most widespread in international commercial practice is long-term lease, called leasing . Leasing objects most often include standard industrial equipment (including complete equipment), aircraft engines, ships, aircraft, electronic computers, etc.
There are two types of leasing operations:
1. financial leasing
2. operational leasing.
Financial leasing is a rental transaction for a period close to the term equipment services, during which all expenses of the lessor are fully reimbursed and the established profit is provided to him through rental payments. A feature of financial leasing is the impossibility of terminating the contract during the so-called main lease period, i.e. the period required to reimburse the lessor's expenses.
There are three parties involved in a financial leasing transaction: the lessee, the lessor and the equipment supplier. The lessor, who performs purely financial functions in this transaction, enters into two agreements: a leasing agreement with the tenant and a contract for the purchase of equipment with the supplier. Rented equipment remains the property of the lessor, the lessee has the right only to use it temporarily. The lessee and the equipment supplier are not bound by a contractual relationship, but the lessee chooses the supplier himself.
Operating leasing is a transaction that does not provide compensation for the lessor's costs associated with the acquisition of leased equipment during the main lease term. The terms of this transaction, as a rule, are significantly less than the terms of physical wear and tear of the equipment, which presupposes repeated leasing of the subject of operational leasing. In operational leasing, rental rates are usually higher than in financial leasing, since the lessor, without guarantees of full cost recovery, is forced to take into account possible commercial risk by increasing prices for services.
Leasing agreement - This is an agreement in accordance with which the lessor (lessor) undertakes to acquire ownership of the property specified by the lessee (lessee) from a seller specified by him and to provide this property to the lessee for a fee for temporary possession and use. The leasing agreement may provide that the choice of the seller and the purchased property is made by the lessor.
Leasing is an agreement between the property owner (lessor) and the tenant to transfer property for use for a specified period at a set rent, payable annually, quarterly or monthly.
The main subjects of leasing, i.e. parties to the leasing agreement; are lessor And lessee. In financial leasing, a participant in the transaction is also the seller of the property - the object of the leasing agreement, although he is not a party directly to the leasing agreement. The lessor is a legal entity that purchases property from the manufacturer or seller and transfers it under a leasing agreement to the lessee.
IN. Tourist services - a widespread type of activity in modern conditions. International tourism covers the category of persons traveling abroad and not engaging in paid activities there.
The types of tourism services offered as goods on the international market are quite diverse and include:
tourist accommodation services (in hotels, motels, boarding houses, campsites);
services for moving tourists to the country of destination and throughout the country of tourism by various types of passenger transport;
food services for tourists;
services aimed at satisfying the cultural needs of tourists (visiting theaters, concert halls, museums, festivals, sports competitions, acquaintance with historical and cultural monuments);
services aimed at satisfying the business interests of tourists (participation in congresses, symposia, scientific conferences, fairs and exhibitions);
services for tourists of trade enterprises (sale of souvenirs, postcards);
services for tourists in obtaining documentation (passports, visas).
Tourism product - a set of services necessary to meet the needs of a tourist, provided during his tourist trip and in connection with this trip.
Tourist services are provided either by individual types of choice, or in combination, within the framework of the so-called inclusive tours or package tours.
Inclusive tour is the main type of individual or group tour. As a rule, it is a trip strictly planned in terms of route, time, duration, set and quality of services, which is sold to the consumer as an indivisible product at a total price, usually including both the cost of service and travel along the route. Inclusive tours are most often used in air transportation, and the cost of transporting a tourist to the destination and back is determined on the basis of specially developed inclusive tariffs, which are sometimes half lower than usual. Total price an inclusive tour must not be lower than the regular tariff (i.e. the cost of transportation to a given country).
Package – tour (package tour) - a tour that includes a certain set of services (transportation, accommodation, meals, excursions, etc.), the total sales price of which is equal to the cost of its elements. Typically, package tours are organized according to a specific, pre-advertised program.
There are many types of tourism: health, resort, business, agrotourism, educational, educational, environmental, entertainment tourism, religious, sports, extreme, festival, etc.
Currently, tourism is one of the most dynamically developing sectors of the international services market.
International tourism in the economy of a single country performs a number of important functions:
A source of foreign exchange earnings for the country and funds for employment;
Increases contributions to the country's balance of payments and GNP;
Promotes economic diversification, i.e. creates industries serving the tourism sector;
Promotes the development of economic infrastructure.
The field of international tourism is regulated by various international organizations. The World Tourism Organization (WTO) plays a central role in maintaining cooperation on tourism development.
The WTO classification identifies countries that are primarily countries that supply tourists (USA, Belgium, Denmark, Germany, Holland, New Zealand, Sweden, Australia, Canada, England) and countries that are primarily host countries (Austria, Italy, Switzerland, France, Cyprus, Greece, Mexico, Portugal, Spain, Turkey).
An important factor in the development of international tourism in the Republic of Belarus is the extremely profitable geographical position republics.
In general, it can be noted that the Republic of Belarus has quite significant natural, cultural and historical potential for the development of foreign tourism. However, the low level of infrastructure development in Belarus remains one of the main factors limiting the ability to receive foreign tourists.
G . Consulting services - professional assistance to business leaders, managers and entrepreneurs on to a wide circle issues of economics, finance, foreign economic relations, market research and forecasting, development of marketing programs, creation and registration of enterprises.
Consulting services are most often provided not in the form of one-time advice, but in the form of consulting projects, which include the following main stages: diagnostics (identification of problems); development of solutions; implementation.
Related information.
1) essence and classification of services, state of the global services market
Service– this is an activity aimed at meeting the needs of other individuals or organizations on the basis of contractual relations between the producer and the consumer of services.
A service, unlike a product, cannot be accumulated. The service is always directly related to production.
International trade in services- This is a form of world economic relations for the exchange of services between sellers and buyers of different countries.
12 groups of services. More than 160 types of services.
The International Monetary Fund (IMF) classifies services as follows(in accordance with the instructions for compiling the balance of payments):
1) transport:
Passenger
Cargo
2) trips:
3) communication services:
Postal
Courier
Telephone
4) construction
5) insurance
8) royalties and license fees
9) other business services:
· -intermediary services
· - search for partners
· -market research
· -leasing
10) personal, cultural and recreational (organization of recreation and leisure) services
11) government services:
· -supply of goods to governments and so on
For statistical accounting in the Republic of Belarus, services are classified as follows:
1) transport services
2) trips (tourist only)
3) communication services
4) construction services
5) insurance services
6) financial services
7) computer and information services
8) other business services
Features of international trade in services:
· Services are regulated not at the border, but within the country.
· Services are not subject to storage and are provided through direct contacts between the manufacturer and the consumer.
· Not all types of services can be subject to international trade.
· Production and sale of services have greater government protection.
The General Agreement on Trade in Services GATS highlights 4 ways of international trade in services:
1) Cross-border trade. It means the supply of a service to a foreign consumer from the territory of one country to the territory of another country.
2) Consumption abroad. That is, the buyer moves to the country where the service is produced.
3) Trade (commercial) presence. This is the provision of services abroad in host countries through the creation of commercial structures.
4) Presence of individuals providing the service. In this case, the service lies directly in the activities of people who come from the country exporting the service to the buyer.
Geographical distribution of services. 75% of the volume of services is exported developed countries. 24% of the volume of services comes from developing countries and countries with economies in transition. 1% comes from international organizations. The leading region is Western Europe, with a share of 45%, followed by Asia with 26%, North America with 14.9%, and the United States with about 12% of trade in services. In terms of countries, the US leads, followed by Germany and the UK.
The share of CIS countries is 2.7%. The leader is Russia – 62.3% among the CIS countries.
The share of highly developed countries in international trade in services is gradually decreasing, while volume growth is increasing in China and Singapore.
India occupies a leading position in IT services.
The share of exports of tourism services is gradually decreasing by about 2% per year. Commercial services are actively growing. The greatest growth comes from financial services, up 16% over the year. Overall, computer and information services are growing at 13% per year. Cultural services are growing by 12% per year.
2) regulation of international trade in services
In world practice, 3 are used groups of measures to regulate transactions in the service sector:
1)National legislation establishing certain modes of activity for foreign companies.
National legislations use 2 groups of methods:
Measures to regulate market access. These include restrictions on trade in services, the introduction of quantitative quotas on the import of foreign services, restrictions on the creation of branches of foreign companies providing services in the domestic market, and restrictions on the movement of service providers.
Withdrawal from national regime. This includes providing price advantages to local service providers and providing foreign producers with less favorable conditions than local producers.
2)Bilateral agreements between countries.
Agreements are: sectoral and trade-economic. Sectoral ones concern individual sectors of the service sector. They establish the conditions for foreign trade exchange of services on the territory of both countries and the conditions for the activities of foreign companies in domestic markets.
3)Conventions and decisions of international organizations.
Regulation can be carried out within the framework of specialized international organizations, for example, the world tourism organization. Regulation can be carried out within integration associations of states. GATS provides for 3 types of agreements:
- framework agreements defining general principles and rules for regulating trade services
· -special agreements relating to certain service sectors
· -list of obligations of national governments to eliminate restrictions on trade in services
3) types of services in international trade
4) foreign trade in services in the Republic of Belarus (independently)
Service- an activity that is not embodied in a material product, but always manifests itself in some useful effect that its consumer receives.
The main foreign trade transactions for the purchase and sale of services include:
Operations for maintenance and provision of spare parts for mechanical products- a production process taking place in the sphere of circulation of industrial or personal consumption. It is aimed at ensuring reliable operation of sold mechanical products. The level of technical service offered to customers is important factor their competitiveness. A technical service system is formed before products are delivered to a given market.
In the circulation area, among technical service operations, pre-sale service and pre-sale completion are distinguished. Pre-sale service- this is unpacking the goods, correcting damage received during transportation, testing components and systems, instructing consumers and assisting them in installation or installation. Pre-sale revision- this is the completion of exported products, taking into account the requirements of the importing country and adaptation to local conditions, the replacement of components and parts in accordance with the national standards of the importing country, as well as the elimination of production defects and defects.
In the consumer sector, maintenance also includes two types of operations: maintenance during the warranty period and during the post-warranty period. In the first case, it is assumed that a number of services will be provided without additional payment by the buyer of the product - assistance in installation and commissioning, consulting consumers, eliminating detected defects, and carrying out preventive inspections. During the post-warranty period, maintenance is carried out on a commercial basis. It includes the same services as warranty service, as well as the supply of spare parts, product repair and modernization. It should be borne in mind that the reliability of the supply of spare parts also acts as an important factor in the competitiveness of exported machinery and equipment.
Trade in engineering services that have received common name engineering - a range of commercial services for preparing and supporting the process of production and sales of products, servicing the construction and operation of industrial, infrastructure, agricultural and other facilities. It is not embodied in a material product, but manifests itself in some useful effect that the consumer of the service can receive.
As a subject of agreement between countries engineering- various kinds of engineering and consulting services necessary for the buyer to optimize capital investments during the construction or reconstruction of an industrial enterprise or other facility. The agreement may provide for the provision of the entire range of services for the project or only part of them. The complete set of services and supplies needed to construct a new facility is called integrated engineering. It consists of several types of engineering services: consulting engineering- this is the provision of services for designing a facility, conducting a feasibility study of the project, preparing tenders, developing construction plans and monitoring the work; technological engineering- transfer to the customer of the technology necessary for the construction of an industrial facility and its operation, development of projects for energy and water supply, transport, etc.; construction engineering- supply of equipment, machinery and installation of plants; management engineering- providing the customer with services for organizing the production structure and administrative management of the enterprise on the basis of modern achievements in this field, developing principles of production planning, methods of statistical accounting, etc.
Engineering objects are newly developed projects. The objects of engineering can be individual technical, technological, economic, financial, organizational and other activities related to increasing the efficiency of already operating enterprises in all spheres of non-domestic economy.
Engineering and consulting services are provided in accordance with the order of the interested party and are formalized by an international contract.
Rental relations. International leasing is the leasing of machinery and equipment to a foreign counterparty. One of the forms of export credit without transferring ownership of the goods to the lessee. The owner of the means of production leases them to the tenant for exclusive use for a specified period for a certain fee. Rental relationships are a mutually beneficial business. On the one hand, leasing of machinery, equipment, ships, aircraft and other equipment allows the lessor to expand the export of manufactured products with a relative reduction in the risk of losses from the insolvency of the customer. On the other hand, leasing allows the lessee to reduce the scale of mobilization of financial resources for the acquisition of the necessary equipment, and to pay lease payments as profits from its operation are received.
In world practice, there is a distinction between short-term rental, or rating, which involves the rental of equipment for a period of several hours to one year, medium-term rental, or hiring, provided for a period of one to three to five years, and long-term rental, or leasing, which involves the delivery of property rent for three to five years or more.
Leasing is most widespread in international rental relations. Leasing companies can quickly satisfy the non-standard needs of counterparties for machines, apparatus, production facilities for launching pilot plants, as well as other goods. Varieties: financial leasing- during the term of the agreement, full reimbursement of all expenses of the lessor and provision of an established profit to him through rental payments (a characteristic feature of financial leasing is the impossibility of terminating the agreement during the so-called main lease term, i.e. the time when reimbursement of the lessor’s expenses must occur; upon expiration of the agreement, the tenant can return the leased item, sign a new lease agreement, or buy this item at the residual value); production or operational leasing- a transaction for a period that is less than the depreciation period of the equipment.
At the end of the agreed time, the rental item is returned to the owner or the tenant enters into a new agreement with him.
In the practice of international economic relations, there is export and import leasing. In the first case, the leasing company purchases equipment from a national company and provides it to a foreign lessee. With import leasing, the opposite effect occurs - the leasing company purchases equipment from foreign company and leases it to a domestic entrepreneur. Rental relations such as leasing are among the complex foreign economic transactions. To carry them out, funds are required to provide loans, substantial capital investments in the creation of technical service bases, as well as in the training of local personnel. Both industrial enterprises and specialized firms are engaged in licensing operations. Currently, all forms of international leasing are controlled, as a rule, by transnational banks and corporations.
Tourist services. Tourists are people who travel abroad and do not engage in paid activities there. Currently, international tourism has become widespread and has become a highly profitable industry in the economies of many countries around the world. The types of tourism services offered as goods on the world market are very diverse. These include accommodation services for tourists in hotels, boarding houses, motels, catering services, meeting the cultural needs of tourists, services aimed at satisfying the business interests of tourists participating in congresses, symposiums, conferences, fairs, etc. Tourist services are offered either individually by choice, or in a complex, which is provided by so-called inclusive tours and package tours. The latter involve providing the client with a full range of services and are usually organized according to a specific, pre-advertised program.
Consulting services and in the area of information and management improvement. Their range is diverse. Among them, so-called audit services have become widespread, providing for verification of commercial and financial business activities, development of proposals for their improvement, consultations on tax issues, etc. These services are provided to economically independent enterprises. The conclusions prepared by auditors on the state of the financial situation of clients serve as the basis for confirming the reality of the balance sheets of enterprises and their compliance with accounting rules, which allows for correct calculations and payments related to the payment of taxes.
In addition to inspections, auditors can provide consultations on accounting, taxation, management, marketing and other issues. The group of consulting services in the field of information and management improvement also includes operations for servicing goods turnover. These are operations for international transportation of goods, storage of goods and their insurance, operations for international payments and a number of others.
1. The concept of international commercial transactions.
International commercial transactions are operations related to the international exchange of goods, services, and the results of scientific, technical and industrial cooperation.
The legal form that mediates international commercial transactions is an international trade (foreign trade) transaction.
First of all, it should be noted that a foreign trade transaction is one of the types of transactions in general and the provisions of Art. 153 of the Civil Code of the Russian Federation, which gives general concept transactions, namely: transactions are the actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.
1 main;
2 providing.
The main transactions of purchase and sale of services include:
a) engineering;
b) rent;
c) international tourism;
d) provision of information, management consulting services.
Operations ensuring international trade turnover include:
a) transport;
b) freight forwarding;
c) storage of goods;
d) cargo insurance;
e) conducting international payments;
f) customs clearance; etc.
2. . Main types of international commercial transactions
International commercial transactions can be classified into 3 groups:
I. transactions of purchase and sale of goods;
II. transactions of purchase and sale of services;
III. transactions of purchase and sale of scientific and technical products.
Operations for the purchase and sale of goods are traditional for international trade and for the practice of foreign trade organizations in our country.
Transactions for the purchase and sale of goods imply that the seller undertakes to transfer the goods into the ownership of the buyer within specified periods and under certain conditions, and the buyer undertakes to accept the goods and pay the agreed price for it.
The main types of purchase and sale transactions are:
1. Export is the sale and export of goods abroad to transfer them into ownership of a foreign counterparty.
2. Imported - purchase and import of foreign goods for their subsequent sale in the domestic market of their country.
3. Re-export is the export abroad of previously imported goods that have not undergone any processing in the re-exporting country.
4. Re-imports are the import from abroad of previously exported domestic goods that have not been processed there.
Countertrade combines foreign trade transactions that provide for reciprocal obligations of exporters and importers to purchase goods from each other in single agreements.
Transactions of purchase and sale of services are in most cases independent, separate from the purchase and sale of goods.
There are 2 main groups of transactions for the purchase and sale of services:
1 main;
2 providing.
The main transactions of purchase and sale of services include: see question 1
3. M/n operations for the exchange of goods
These include: export, import. Export is an activity aimed at selling and exporting goods and services abroad, while the goods are transferred into foreign ownership. to the counterparty;
Import - activity, connection. with purchase from a foreign seller and import. goods, technologies and services for subsequent sale in the domestic market of their country.
Export, import, re-export-export of previously imported goods, re-import-import into the country of previously exported goods, not subjected to processing, barter exchange transactions, exchange and compensation transactions on a non-currency basis (commodity form of payment) - agreements with a one-time delivery, agreement. with long delivery periods (barter/direct compensation agreements between the parties, price negotiation) Compensation transactions - on a commercial basis - basis - sales contract and additional agreements - based on production cooperation agreements - on a commercial basis: short-term compensatory transactions (a determined share of exports is compensated by a determined share of imports of goods, and the balance of payments in cash); transactions based on counterpurchase agreements; individual procurement contracts; early advance purchases - an obligation to bring goods in exchange for purchase obligations. transactions based on an agreement -payment for the equipment will be made in goods made on this equipment
4. M/n operations for exchange of services includes:
Engineering operations (transactions for the provision of production and technical services;
Rental operations;
International tourism (operations for the export and import of tourism services);
Audit services (operations for the provision of consulting services in the field of information and management improvement.
Operations Engineering– a range of commercial services for the preparation and support of the production process and sales of products, maintenance of the construction and operation of industrial, infrastructure, agricultural and other facilities. The essence of the engineering complex is the conclusion. to provide a full range of services and supplies necessary for the construction of the facility. Rental operations– leasing of goods to a foreign counterparty. The lessor provides the lessee with the leased item for exclusive use for a set period for a certain fee. Types of rent: short-term (renting - up to 1 year), medium-term (hiring - up to 3 years), long-term (leasing). M/n tourism covers the category of persons traveling abroad and not engaging in paid activities there. Incl.: hotel accommodation, meals, travel to the destination country and within its various. transport, meeting the cultural needs of tourists.
Auditing services– checking commercial and financial activities, developing proposals for improving economic activities and taxation.
interoperations for the exchange of services
1) Cross-border supply - service rendered to the territory of another country 2) consumption of services abroad - consumer moving to another country (tourism) 3) moving individuals - medicine, consulting services, services in the field of communications, construction and engineering services, intermediary services - distributors, services in the region education, services, communications. Environmental protection, Finnish services, transport services.
The bulk of international transport services constitutes chartering. Chartering means hiring a sea (or less often an aircraft) vessel Engineering- these are engineering and consulting services, a set of commercial services for the preparation and support of the production process and sales of products, for servicing the construction and operation of industrial, infrastructure, agricultural and other facilities.
The entire range of engineering services can be divided into two large groups: services related to the preparation of the production process, and services to ensure the normal progress of production and sales of products.
Export engineering is carried out, as a rule, by specialized engineering and consulting (engineering) firms, as well as international and transnational industrial and construction companies.
5. M/n operations for the exchange of results of intellectual activity.
Associated with the exchange of results of industrial research and development that have not only scientific, but also commercial value. When commercially exchanging the results of scientific and technical activities with goods, products of intellectual labor. In this case, there is an exchange of patents, designs, and trademarks, which are part of the industry. property, as well as technical knowledge and experience, united by the concept of know-how, which involves the transfer of knowledge and experience by providing those documentation, drawings, production secrets that are not subject to patenting. All these operations are carried out on the basis of agreements, patent purchase and sale transactions, license agreements with obtaining the right to use the results of scientific research and development.
Intellectual property exclusive rights to the results of intellectual activity are recognized.
The results of intellectual activity are understood as literary, artistic, scientific works, programs for electronic computers and databases; inventions; industrial designs, utility models. Brand names, trademarks, service marks are equated to the results of intellectual activity, as a means of individualizing a legal entity. Technology transfer through international exchange represents the transfer (acquisition) of scientific and technical knowledge, experience and information for the purpose of application technological processes, production of products and provision of scientific, technical and exchange-related services on commercial terms determined by an agreement (agreement, contract) concluded between a resident and a non-resident Russian Federation. International exchange (trade) of technologies, information, results of intellectual activity, including exclusive rights to them (intellectual property), refers to foreign trade activities. The procedure for carrying out foreign trade activities is subject to state regulation, the methods of which are determined by the provisions Federal Law“On state regulation foreign trade activities» dated October 13, 1995 N 157-FZ. One of the forms regulating the relationship between the copyright holder (licensor) and the user (licensee) is a license agreement, which allows the licensee to use certain objects of intellectual property to the extent provided for by the agreement. This category includes an agreement for the transfer of ready-made scientific and technical developments - technologies, designs containing non-patented technical solutions, designs, etc. This category of commercial agreements also uses leasing(rent) licenses. Leasing is the rental of the exclusive right to use a patent or other object of industrial property in a certain territory, used for production or commercial purposes by the lessee while retaining ownership rights to the lessor.
6. Basic methods of carrying out m/n commercial operations
Indirect
Straight is based on establishing direct connections between the manufacturer-suppliers and the end consumer. It implies the supply of goods directly to the end consumer and the purchase of goods from an independent manufacturer on the basis of a sales contract. Indirect The key is to use intermediaries. In this case, 6 types of agreements can be concluded: with simple intermediaries, orders, commissions, sales commission agreement, agreement with sales intermediaries-distributors, agency agreements.
In international trade practice, two main methods of carrying out international commercial transactions are used: direct and indirect.
The direct method involves establishing direct connections between the manufacturer of goods and the consumer: supplying goods directly to the final consumer and purchasing goods directly from an independent manufacturer on the basis of a sales contract. The use of direct selling by foreign trade operators has a number of advantages. First of all, this is the opportunity for the importer to receive exactly the product he needs. In addition, connections between the seller and the buyer can be established at the product development stage, which allows timely adjustments to be made to ongoing transactions. This method is used in cases where the product market, potential counterparties are known, and the customs of countries allow transactions to be concluded in this way. If at least one of these conditions or circumstances of the transaction is not met, then you have to resort to the services of intermediaries, which requires additional costs. However, sometimes the services of intermediaries are necessary to carry out a foreign trade transaction, and ultimately the costs for them pay off.
Thus, the indirect method involves the purchase and sale of goods through a wholesale intermediary on the basis of concluding a special contract (agreement) with the reseller, providing for the latter to fulfill certain obligations.
The participation of intermediaries allows you to quickly find new markets, establish contacts with clients and conclude deals that correspond to the current market conditions. Commission agents and distributors can act as intermediaries. The former facilitate the completion of the act of purchase and sale. However, they themselves are not a party to the contract, but receive a commission (agency, brokerage) remuneration for the work. A distributor is an independent buyer; he purchases goods at his own expense and then sells them on his own behalf. Acting as an intermediary in resale, the distributor promotes the product on the market, and his remuneration is equal to the amount of the discount on the price of the product.
7.concept of inter-purchase and sales transactions.
According to the Vienna Convention of 1980, the concept of “international sale of goods” is defined taking into account the following criteria.
Subjective composition of the contract. A prerequisite for recognition of a contract as an agreement international sales goods subject to the regulation of the Vienna Convention of 1980 is the location of the parties' places of business in different states. By general rule foreign individuals and legal entities, as well as stateless persons. The subject of the contract is the actions of the parties to transfer ownership of the goods for a fee.
The seller must, firstly, deliver the goods; secondly, transfer documents and title to the goods in accordance with the requirements of the contract and the Convention (Article 30).
Provided that the seller is not obliged to deliver the goods at a particular place, his obligation to deliver is as follows:
- hand over the goods to the first carrier for transfer to the buyer (subject to transportation of the goods);
- make the goods available to the buyer at a certain place;
- place the goods at the buyer’s disposal in the place where the seller’s place of business was located at the time of conclusion of the contract. We list the main actions of the buyer:
1) payment of the price for the goods The Vienna Convention establishes a link between the payment of the price and the place and time. In particular, the buyer has several options:
- the place of payment can be specified in the contract;
- payment can be made at the location commercial enterprise seller;
- payment can be made at the place of transfer. 2) acceptance of delivery in accordance with the requirements of the contract and the Vienna Convention. This obligation consists, firstly, of the buyer taking all actions that could reasonably be expected of him in order to enable the seller to make delivery (for example, opening a letter of credit, paying advance payment, chartering a vessel when selling goods); secondly, in the acceptance of the goods.
The purpose of the goods that are the subject of the contract can be used as a criterion to distinguish two types of international sales contract:
- a contract for the purchase and sale of goods that are purchased by the buyer for his own personal, family or household use. Such an international purchase and sale agreement has the features of a regular purchase and sale agreement (§ 1, Chapter 30 of the Civil Code of the Russian Federation) and may have the features of a contract retail purchase and sale;
- a contract for the purchase and sale of goods that are purchased by the buyer for use in entrepreneurial or other economic activity, commercial turnover or other purposes not related in any case to personal, family, home and other similar use. This type of international sales contract has features characteristic of a contract for the supply of goods under Russian civil law
8 Registration of transactions for the purchase and sale of goods
By concluding and executing a purchase and sale agreement, foreign trade is carried out, constituting the main part of Russia's foreign trade. There are different types of sales contracts: 1. One-time supply contract - a one-time agreement that provides for the delivery of an agreed quantity of goods to specific date, term, period of time. Delivery of goods is carried out one or more times within a specified period. Upon fulfillment of accepted obligations legal relations between the parties and, in fact, the contract is terminated. One-time contracts can be with short terms delivery and long delivery times. 2. A contract with periodic delivery provides for the regular (periodic) supply of a certain quantity, batches of goods during the period established in the terms of the contract, which can be short-term (usually one year) and long-term (5-10 years, and sometimes more). Depending on the form of payment for the goods, there are: - contracts with payment in cash. They provide for settlements in a certain currency agreed upon by the parties using payment methods stipulated in the contract (cash payment, payment in advance and on credit) and forms of payment (collection, letter of credit, check, bill of exchange). Contracts with payment in commodity form in whole or in part. Etc.
9. Features of international trade in raw materials and finished products
The UN classifies as commodities food, raw materials (raw hides; rubber, including synthetic; forest products, including cellulose and paper; textile fibers, etc.), ores and other minerals, including natural fertilizers, fuel products and non-ferrous metals. At the same time, ferrous metals and chemical products, yarn, and fabrics are classified by the UN as finished products. In general, it is quite difficult to draw the line between raw materials and finished goods. International trade in raw materials has significantly increased to a greater extent than trade in finished products, it is monopolized by the largest companies in industrialized capitalist countries, primarily TNCs. Trade in raw materials is characterized by a growing number of long-term agreements. They are usually concluded for a period of 15-20 years or more. Such agreements are especially common when trading iron, manganese, chrome ore, natural gas, phosphates, bauxite, coal, and uranium ore. An important form of long-term agreements is the already mentioned compensation transactions (development-import agreements). According to the terms of such transactions, the importer of raw materials provides the exporter with a loan for the development of a deposit or the creation of the corresponding production, receiving part of the production of the new enterprise in repayment of the loan. A significant place in the trade in raw materials is occupied by associations of raw materials exporters, created on an intergovernmental basis and pursuing a collective policy of control over production, trade and prices. There are over 20 such associations, the most famous and influential among them, perhaps, is the Organization of the Petroleum Exporting Countries (OPEC), created in 1960 and uniting 11 states. In the direction of interstate regulation of commodity markets, the UN Conference on Trade has been successfully operating in recent decades and development (UNCTAD). Within its framework, the Integrated Commodity Program was put forward and approved (1976), and an intergovernmental agreement was developed to create a General Fund of Commodities designed to stabilize world commodity markets (1980). About 20% of world trade in commodities and food products carried out through international commodity exchanges. Exchange prices serve as benchmarks for setting prices in over-the-counter trading, and exchange transactions themselves are actively used to insure trade transactions and raw material reserves from changes in market prices. Trade in finished products foreign market, i.e. products intended for final consumption occurs directly between their producers (exporters) and consumers (importers) or is carried out through intermediaries. In modern conditions, it, as a rule, requires intermediaries to perform additional work related to increasing the competitiveness of goods: pre-sale service and rework, as well as technical maintenance of mechanical products. Export-import operations related to one form of trade on the foreign market are formalized by purchase and sale contracts, which, in addition to the general terms of sale and the main provisions of the transaction, stipulate the procedure for carrying out additional work, specify the terms of delivery and forms of payment, and the terms of provision of guarantees. Pre-sale service includes a set of works related to the re-preservation of the product, bringing it to a state of readiness for consumption, the purpose of which is to “show the product face to face.” These operations are usually carried out on the territory of the buyer (importer) in specially equipped warehouses. In the process of this work, no additional value is created, and the costs of suppliers or their agents for pre-sales service are covered by part of the value created during the production of goods. Pre-sale preparation of goods is carried out by resellers in order not only to increase the competitiveness of goods, but also to satisfy the individual needs of consumers. Pre-sale modifications usually include completing the supplied products with additional units, replacing components and parts in order to comply with the standards of the importing country, etc. As a result of pre-sale completion of goods, additional value is created during additional completion. However, the costs of repeated and poorly performed work on the main product become direct losses for the exporter. Trade in disassembled products is carried out on the foreign market also to increase its competitiveness and generate additional profit. In order to protect national industries from competition from foreign suppliers, the legislation of a number of countries (especially developing ones) introduce quantitative restrictions or increased customs duties on the import of finished products.
10. Foreign trade sales contract.
the contract begins with an introductory part - a preamble, which contains the following. data: name, contract number, place and date of conclusion, brand names, under which the companies are registered in the trade register of their country, as well as the legal status, location and name of the parties.
The contract begins with the designation numbers, which is assigned in accordance with the rules of office work existing in the organization, the cat prepares this project document. In m/n practice, various numbers are used, consisting only of numbers, and also containing letters. Contract numbers in Russian practice usually contain a registration digital code assigned to a given organization by the statistical body of the State Statistics Committee of Russia. The last digits indicate the original contract serial number. The contract numbers of the All-Russian Foreign Economic Association include the following components:
Registration-digital; digital code of the internal department; digital designation the nature of the transaction; ordinal initial measurement. Place of conclusion of the contract - this is the place where the transaction actually takes place. In accordance with Art. 166 of the Civil Code of the Russian Federation, the rights and obligations of the parties to foreign economic transactions are determined by the law of the country chosen by the parties when making the transaction or by virtue of a subsequent agreement. In the absence of an agreement between the parties, the law of the country where the seller party is established, has its place of residence or principal place of business and the sales contract is applied.
Contract date located below the words “Contract No.” The year and month are usually printed in advance, the exact date is entered. The date of conclusion of the contract means the moment of entering into a contractual relationship.
A sales contract is a commercial document formalizing a foreign trade transaction, which contains a written agreement of the parties on the supply of goods: the seller’s obligation to transfer certain property into the ownership of the buyer and the buyer’s obligation to accept this property and pay a certain amount of money for it, or the obligations of the parties to fulfill the terms of the exchange agreement transactions.
The regulation of the conclusion of a sales contract and the rights and obligations of the seller and buyer that arise from such an agreement are unified in the UN Convention on Contracts for the International Sale of Goods.
Speaking about the structure of a foreign trade sales contract, it should be noted that each contract contains several sections arranged in a certain logical sequence. These sections, in brief or in more detail, are included in all international sales contracts and their structure is usually as follows:
Determination of the parties. 2) Subject of the agreement. 3) The price of the goods and the total amount of the contract. 4) Delivery times of goods. 5) Payment terms. 6) Packaging and labeling of goods. 7) Sellers' guarantees. 8) Penalties and damages. 9) Insurance. 10) Force majeure circumstances. 11) Arbitration.
Of course, the parties to the contract, upon reaching an agreement, can introduce additional sections not provided for in this scheme.
Main deals:
1. Production and technical (engineering) – a range of commercial services for preparing and supporting the process of production and sales of products, servicing the construction and operation of industrial and other facilities.
This type of service has the following varieties:
Integrated engineering – provision of a full range of services and supplies;
Consulting engineering – intellectual services for designing facilities, developing construction projects and monitoring work;
Technological engineering – providing the customer with technology for construction and operation, development of heat and power supply projects, etc.
Construction and/or general engineering - supply of equipment, machinery and installation of plants;
2. Lease transactions - leasing of goods to a foreign counterparty. Long-term lease has become most widespread in international practice - leasing .
Types of leasing:
Financial - a rental transaction for a period close to the service life of the equipment, during which all expenses of the lessor are fully reimbursed and profit is provided to him through the lease. A feature of financial leasing is the impossibility of terminating the contract during the main lease term (until reimbursement of the lessor's expenses);
Operating leasing – a transaction that does not involve compensation for the lessor’s costs associated with the acquisition of leased equipment during the main lease term. The rental periods are short (shorter than the physical service life of the equipment), which implies repeated rental. In operational leasing, rental rates are higher than in financial leasing.
3. Tourist services:
Inclusive – tours– used for air transportation, and the cost of transportation is determined on the basis of specially developed tariffs, usually lower than usual (on an all-inclusive basis)
Package – tours– providing the client with a full range of services, without including transportation costs.
4.Trade turnover maintenance operations:
International cargo transportation
Freight forwarding
Cargo storage
Cargo insurance
International payments
Stages of preparation of international trade transactions.
Preparation of a specific transaction includes both the study of general issues and information directly related to the subject of the future agreement.
General information includes information:
On the state and prospects for the development of the domestic economy;
On the development of the industry whose goods are traded;
About the position of your company relative to other manufacturers or buyers of products;
On commercial and industrial conditions, trade customs, transport conditions of those countries with whose counterparties the company has entered into or intends to enter into business relations;
About the specific trading conditions that exist on the market for a certain product in the partner’s country.
The most important elements of preparing foreign trade transactions include analysis of current world market prices and determination of the level of contract prices.
Depending on the presence of intermediate links on the path from producer to consumer, there are manufacturer prices, wholesale and retail prices.
Depending on whether the product is sold in the domestic or foreign markets, there are domestic and export prices. Export prices are usually lower than domestic market prices (due to competition)
When analyzing price dynamics and determining their level, a number of price indicators are used:
Contract prices– reflect the actual price level for goods of a certain quality under appropriate conditions of delivery and payment;
Stock quotes– the prices of goods traded on these exchanges are the prices of real contracts concluded on unified terms in relation to quality, volume and delivery time, payment currency, etc.
Auction prices– close to exchange prices, as they reflect the prices of real transactions;
Reference prices– prices published by commodity sellers. They do not reflect the real level of contract prices; they differ from them by the amount of discounts provided to buyers (the real price level is somewhat lower).
Price lists and price tags– an indicator of prices for finished products for consumer and industrial purposes.
Offer prices– negotiated prices arising in the process of negotiations between the seller and the buyer.
Price indices– relative indicators that reflect price dynamics, but do not give an idea of their level.
When preparing transactions to determine the current price, it is necessary to analyze the prices prevailing in this moment in the market for a specific product.
Comparative and calculation methods are used to analyze prices.
The comparative method involves the following operations:
Analysis of stock quotes;
Analysis of auction prices;
Analysis of reference and list prices.
The calculation method includes two directions of analysis:
Unit cost method;
Approximate calculation method.
The use of the comparative method is possible if there is sufficient price information that allows one to make a reasonable conclusion about the price level at the time of conclusion and execution of the transaction.
The calculation method is used when there is a lack of information and consists of calculating the possible price level using special formulas, taking into account prices for similar products, production costs and other indicators.
The simplest method of price analysis is studying the level of stock quotes and their dynamics for a certain period (to identify trends for the future).
Exchange quotations are used not only to check the prices of exchange-traded goods, but also to evaluate finished products produced from exchange-traded goods.
For this, the formula is used:
X = Ci(Pi –K)/100 – Sp
Where X is the determined price;
Ci – Average price of 1 ton of pure product on the London Stock Exchange for a certain period (from 6 months to 1 year);
Pi – Percentage of metal, etc. in ore;
K – loss coefficient;
Sp is the cost of processing one ton of raw materials into pure material.
Task: The exporter offered zinc concentrate with a zinc content of 69% at a price of US$120 per ton. At the same time, the loss rate is 9%, the cost of processing is $60, the London Exchange price for 1 ton of pure zinc is $250. Determine the reasonableness of the asking price.
250(69 – 9)/100 -60 = $90.
The calculation shows that the proposed price is too high.
By auction goods reference material is information on prices at relevant auctions
If the product is not sold in special markets, then as a method of price analysis in preparation for transactions, reference prices.
When analyzing prices according to list prices you need to have information about the relationship between the level of list prices and the level actually fixed in contracts for real transactions.
Of the calculation methods, the most commonly used methods are unit cost And approximate costing.
Unit cost – the cost of a technical and economic unit of a product: unit of weight, power, etc. The indicator is very approximate and cannot be based only on it. It can only serve as a preliminary comparison of prices, mainly for equipment that has similar comparative characteristics.
Approximate costing method– this is the determination of the cost of a product by summing the costs of its individual elements (materials, salary, etc.) at the world average cost.