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" FOREIGN ECONOMIC ACTIVITIES"

Lecture topic Basic concepts and definitions world economy and international economics. International economic relations and their types. Formation of the world economy and world market. Competition in the global market. Globalization and problems of the world economy. The foreign economic activity of an enterprise is not only one of the types of economic activity carried out by firms, enterprises and organizations, regardless of the form of ownership. For a more or less complete consideration of this concept, it is first necessary to establish its connection with larger-scale phenomena that determine the life and evolution of human society. It is based on two concepts: WORLD ECONOMY (sometimes the term WORLD ECONOMY is used) and . The global economy can be defined broadly and narrowly. Bybroad definition, world economy is the sum of all national economies peace. Moreover, this concept implies not just a mechanical summation of these economies. The world economy itself, as a social and economic phenomenon, appeared and improved only simultaneously with the formation of separate national political and economic forms. Bynarrow definition- this is a set of only those parts of national economies that interact with the outside world. The difference between these definitions is becoming less and less noticeable as almost all branches of production and types of economic activity interact with the outside world directly or indirectly. The world economy is a complex system. The entire set of national economies is held together by the movement of goods, services and factors of production. On this basis, international economic relations arise between countries, i.e. economic relations between residents and non-residents of the state in question. The paradox of this connection lies in the fact that international economic relations (hereinafter - IEO) arose long before the formation of the world economy as a kind of integral phenomenon and not only played an important role in the process of its formation, but also became its organic and integral part. IERs are a prerequisite, an integral part and a result of the development of the world economy. Logically and historically initial form And first step on the way to the internationalization of national economies has become international trade in goods, which in fact has always been one of the forms of MEO. It was developed already in the era of the slave system. We will find confirmation of this in the code of laws of Hammurabi, where the fine for killing a foreign merchant in its scale lies between the fine for killing an elephant and a horse, and in the laws of the Roman Empire, which regulated, among other economic issues, and the organization of international trading. On ancient stages In human history, entire nations may have come into direct contact with each other. Such contacts arose during migrations, mass exoduses from natural disasters, during the forceful division of territories, exchanges. The first result of such contacts was for each nation recognition of others. Man learned that there are other languages, crafts and skills, gods. This in itself was for him the greatest discovery, a psychological shock. Then comes the second stage self recognition. Each people developed self-esteem by comparing their faith, way of government and life, achievements and failures with what other peoples have. Next comes the stage self-identification(individual and collective, ethnic). Groups of people begin to approach some peoples and move away from others. There are many reasons for choosing: the character, the way of life of others, their occupation, their political and state structure, the gods, the proximity of the language. The consequences of the choice are ambiguous: the adoption of a new faith, changes in the social structure, way of life; wars and the enslavement or destruction of "infidels". The result of these processes was the first qualitative milestone in the formation international relations(Further MO) as phenomena. The second stage of formation MO- the emergence of the institution of the state. The third stage is the emergence of the modern state and society ( late 18th V.). Looks a little different evolution of the world economic system. The inhabitants of the 1st state in the world (Egypt) 5 thousand years ago traded with neighboring tribes, buying wood, metals, livestock from them in exchange for handicraft and agricultural products. They also organized expeditions for the economic development of new lands. At the same time, the tribes living on the territory of Russia exchanged goods with neighboring tribes. TO international trade goods began to connect merchants services. Phoenician and Greek merchants not only traded goods throughout the Mediterranean, but also provided services for the transport of goods and foreign passengers. The region of the Mediterranean and the Black Sea, together with the adjacent countries of Western Asia, became the region of the world where the core of the world economy was born in ancient times. Gradually, other economic regions of the world joined it - first South Asia, then Southeast and East Asia, Russia, America, Australia and Oceania, and areas of Tropical Africa. A great contribution to the development of world trade in goods and services was made by the active spread of market relations, the great geographical discoveries of the 15th-17th centuries, the emergence in the 19th century of the machine industry and modern means transport and communications. Only from the moment of the emergence and development of stable and multilateral economic relations between states begins the history of the world economy as a system of economic and economic relations. First stage its development, according to experts, proceeded in the XVI-XIX centuries and was characterized by the accelerated development of international trade, primarily in colonial goods. Rapidly getting rich European merchants, often together with the monarchs of their countries, sought new markets and new sources of capital. The thirst for gold and new lands stimulated a wave of expeditions. The expeditions of Columbus, Vasco da Gama, Magellan, Yermak pushed the limits of the world market many times over, adding new regions to it. At this stage, the world economy was considered as a set of foreign trade relations between countries and was a sphere for the application of private (merchant) capital. Second stage (1870-1913) The development of the world economy was characterized primarily by the growth of exports, but its growth rates were lower than in the previous 50 years, which was largely due to political reasons. Interstate economic ties became stronger after the introduction of mass factory production of finished products in the 19th century. first in Western Europe, and then in North America, Russia and Japan. These were simple and cheap consumer goods. Steamboats, railways, telegraph contributed to their sale. As a result, by the end of the XIX century. a global market for goods and services. Russia acted on it primarily as an exporter of grain and other agricultural products, as well as timber to Western Europe, as a supplier of finished products to Asian countries. In turn, she imported finished products, materials and semi-finished products from Western Europe. At the same time, the movement of factors of production (capital, labor, entrepreneurial abilities, technology) intensified in the world. Russia began to resort to the use of foreign loan capital (the first external loan was made by Catherine II in 1769 from Dutch bankers), to attract foreign entrepreneurial capital (the first foreign company, the German Continental Gas Society, began its activities in Russia in 1855 .). At the end of the XIX century. Russia began to export capital to Asian countries. Foreign labor force has been used in Russia since the end of the 19th century. (Iranian workers worked at the Baku oil fields, Chinese workers participated in the construction of the Trans-Siberian Railway). Foreign entrepreneurial experience and technology actively entered our country, often accompanied by foreign capital (the aviation industry in pre-revolutionary Russia arose on the basis of subsidiaries of French aircraft and engine companies). The flows of economic resources went in one direction - from the most developed countries to the less developed. British, French, Belgian, Dutch and German capital was a prominent element in the accumulation of capital in America and Russia, emigrants from Europe mastered the expanses of North America, South Africa, and Australia. Then the process of moving economic resources became more complex: capital, entrepreneurial abilities and technology began to be not only imported, but also exported by medium-developed countries, and underdeveloped countries also actively participated in the export of labor. As a result, the international movement of factors of production becomes mutual. rose sharply level of internationalization of the labor market. During this period, about 36 million people emigrated from European countries, including 24 million emigrated to the United States. international financial flows. The total volume of long-term foreign investments increased by 1914. up to 44 billion dollars, the main part of which fell to the share of Great Britain, France and Germany. In this amount, foreign direct investment amounted to 14 billion dollars. The main exporters of capital during this period were the UK (45%) and the US (20%), and their targets were the US, Latin America, China and developing countries in Europe. On the London Stock Exchange, the share of foreign securities in 1913. accounted for 59% of total sales in France in 1908. their share was equal to 53%. Third stage the process of development of the world economy lies in the interval between the beginning of the first and the end of the second world war, i.e. between 1914 and 1945 Its characteristic features are determined by the political upheavals with which it abounded. Despite the acceleration of the economic development of many countries (especially after 1920), individual interstate economic and economic ties were destroyed. In particular, after the October Revolution of 1917. Russia and Mongolia practically dropped out of the global economic system. The financial system was extremely unstable, and world trade was never able to reach the level of 1913. Fourth stage in the development of the internationalization of the world economy began after the end of the Second World War and continued until the early 90s of the XX century. This was the stage of restructuring international economic relations and the search for a new economic order. The previously broken economic ties were gradually restored, international commodity and financial flows grew. The main factors that determined the features and results of this stage were: - the collapse of the colonial system and the emergence of new states in the territories of Africa, Southeast Asia and Far East; - high rates of recovery of national economies and economic growth; - tendencies to unite in economic activity and improving production efficiency; - liberalization of foreign trade policy; - high rates of scientific and technological progress. The world economy during this period was a set of international economic relations and national economies participating in international exchange, division of labor and cooperation, whose development directly depended on the results achieved by these types international activities. In the 50s-70s of the XX century. there is an emergence of integration groupings (EU, CMEA), there is a process of transnationalization of economies, an active international transfer of technologies, entrepreneurial abilities and capital, the world loan capital market is gradually recovering. The socialist and developing states began to lay claim to a special role in the world economy. In the 1980s and 1990s, industrialized countries are moving into the era of post-industrialization, many developing countries are overcoming the economic backlog, and the former socialist countries are moving to a market economy. Fifth modern stage The development of the world economy is usually counted from the first half of the 90s, when the collapse of the USSR and the CMEA took place. Its distinguishing features were - the transition to market development paths of the former socialist countries of Central and Eastern Europe, - the further development of integration processes and - the growth of the role of international and transnational corporations as subjects of the world economic system. At this stage, the characteristic features of the world economy are: - globalization (involvement in it of almost all countries); - aggravation and growth of the scope of competition while expanding the scope of cooperation; - expansion of international industrial specialization and cooperation; - an increase in the role of international and transnational corporations and their gradual transformation into the main subjects of the world economy, determining the dynamics and geopolitical orientation of economic ties; - leveling the levels of socio-economic development of individual countries and convergence of sectoral structures of national economies; - liberalization of the foreign economic policy of individual states; - creation of an international regulatory framework for the implementation of international cooperation within the framework of the world economy; - creation of a supranational system for regulating economic relations between states in the form of international organizations (GATT/WTO, IMF, World Bank Group, etc.); - the transition of national economies from a closed to an open type.

MAIN MARKET LAWS IN THE WORLD ECONOMY

1. Law of value Everything has its value and it is used as a measure in practical activities. 2. The law of continuous intensive renewal of goods and services produced and offered. 3. The law of monetary circulation. The amount of money necessary to maintain commodity turnover depends on: - the mass of goods in circulation, - the price level, - the velocity of circulation. 4. The law of population In the world there is always a surplus of labor (in other words, a reserve of labor). 5. The law of productivity growth or time savings. 6. The law of labor change. The nature of labor is constantly changing depending on the technical and economic situation in each individual country.

INTERNATIONAL ECONOMIC RELATIONS

International economic relations (as an integral part of the world economy) represent a system of relations of economic interconnection and interdependence of national economies. They arose and developed at the interpersonal, and then the interstate level, if there were prerequisites at the domestic and international levels. At the national level they were: - the transition from natural to commodity production, - the emergence of commodity-money relations and their main goal - profit maximization, - the emergence of opportunities for the mass production of goods in quantities exceeding domestic needs (industrial revolution). On the international level these were: - uneven distribution of natural and acquired factors of production between countries and, as a result, the need for an international division of labor, - awareness of the advantages of international economic relations, - creation of an infrastructure for foreign economic relations (transport, communications, financial institutions, etc.). The main factors for accelerating the development IEO were - scientific and technological progress, - regional economic integration, - creation, dissemination and development of the system of legal regulation of international economic relations, - aggravation of global problems, - formation of infrastructure of international economic relations, - liberalization of foreign economic policy, - development of industrial specialization and cooperation. International economic relations have significant differences from domestic economic relations:

much larger volumes of exchange, an incomparably greater number of subjects of relations, larger-scale (often global) and fierce competition between goods, services, sellers, buyers, associated with significantly larger losses in case of failure, a specific microstructure of the functioning of the IER in the form of international standardization and certification production and goods, a developed system of international transportation, communications, information space, global foreign exchange market etc., a special system of international economic relations regulation at the national level (in the form of foreign trade policy), bilateral level (within the framework of bilateral agreements), regional (within the framework of integration agreements), international (with the participation of international organizations), much greater interconnection and interdependence individual forms of MER compared with intranational forms.

For a better understanding of the content of the IER, their objects and subjects, forms and mechanisms of implementation should be considered at two levels: macro level(level of the world economy) and micro level(the level of national participants in foreign economic relations). MEO at the macro level - these are the forms and methods of links between national economies in the world economy: foreign trade, international migration of factors of production (labor, capital, etc.). MEO at the micro level - this is a special area of ​​activity of national economic units, incl. export and import of goods and services, re-export and re-import of goods, international cooperation and specialization, providing their activities (transportation, insurance, settlements, etc.), focused on foreign economic relations and based on international cooperation and division of labor. Wherein IEO objects are: - goods in material form ( raw materials and foodstuffs, materials and semi-finished products, finished products for consumer and industrial purposes), - services ( international engineering and consulting, rental and leasing, audit, tourism, transportation, calculations, etc..), - intellectual property and technology ( trade in patents and licenses in the field of rights to technical solutions, industrial designs and trademarks, sale and exchange of intellectual property rights), - capital (direct and portfolio investment, international credit), - labor force.

IER subjects At the micro level, it is traditionally considered:

Firms, Firm – an enterprise carrying out economic activities in the field of industry, trade, agriculture, construction or transport for the purpose of making a profit.- international corporations, Corporations(usually large) that carry out foreign direct investment in the economy various countries - unions and other associations of entrepreneurs, Associations of entrepreneurs, whose purpose is not to make a profit, but to protect the interests of their participants through the development and coordination of actions in certain industry-wide areas of activity, the standardization of products, the organization of advisory services, training, statistics, etc. Such associations are created in the form of associations, federations, councils, etc. DifferIndustry unions an association of entrepreneurs in the same industry, andUnions of entrepreneurs by type of activity - associations of industry, tourism, trade, etc.- state bodies and organizations, Ministries and departments do not pursue commercial purposes. They participate in commercial activities on the basis of the relevant permission of the government of their country.- international organizations carrying out international investment projects. At the macro level, to subjects of international economic relations include: - National governments and other state bodies, - International economic organizations at the international and national level. The main forms of international economic relations are: - international trade in goods and services, - international scientific, technical and industrial cooperation, - international monetary and financial transactions, - international labor migration.

The concept of foreign economic activity

V E D The activities of the state to develop cooperation with other states in the field of trade, economy, technology, culture, tourism, as well as entrepreneurial activities related to the movement of goods ( products) through the customs border of the Russian Federation and capital (financial resources), the provision of services and the performance of work on the territory of the state. The evolution of foreign economic activity repeats the evolution of world systems - political, economic and economic. Parallel phasing POLICY: from fragmented specific formations To nation states ECONOMY from subsistence farming To commodity-money relations ECONOMY from small artisans To big industry

Factors affecting the pace and characteristics of the development of foreign economic activity

The main prerequisite for the development of foreign economic activity The possibility of increasing the rate of profit by bringing world prices for goods to the level of international value, which is BELOW the national value in underdeveloped countries, but HIGHER than the national value in developed countries. 1. Geopolitical features : - geographical location, - geographical conditions, - climate and soil fertility, - minerals. 2. Scientific and technical progress and different levels of development different countries Oh. Scientific and technical progress in industry ensured: the saving of raw materials and the emergence of synthetic materials, the priority development of resource-providing industries.

But so far!!

USA satisfies its need for materials through imports Cobalt - 85% Bauxite - 96% Zinc - 73% Manganese - 100% Nickel - 75% Vanadium - 56% The spread of machine production led to: - deep specialization national productions, - overcrowding of national markets and access to international markets, - international redistribution of labor and labor resources. Scientific and technical progress in agriculture ensured the growth of food self-sufficiency in European countries. 3. The export of capital in various forms and for various purposes . 4. Uneven economic development of different countries 5. Differences in available human, raw material and financial resources. 6. Features of the political situation and international relations .

Global trends in the development of foreign economic activity

Formation of 3 regions of increased concentration of foreign economic activity: - North America North American Free Trade Area USA, Canada, Mexico 360 million consumers, Production volume - about 7 trillion dollars - Europe E E Since 1993 – Creation of a European economic space 375 million consumers, Production volume - about 5.7 trillion dollars Integration and internationalization of economic life - growth and concentration of productive forces transfer and exchange of technologies, cooperation and specialization, relocation of production resources. - growth in the scale and qualitative change in the nature of foreign trade - international movement of financial resources - expansion of international services - growth of international exchange of scientific and technical knowledge - growth of labor migration - growth of cooperation and solution of global problems of our time Growth in the share of science-intensive products in world exports 1990s years - about 75% 2005 - over 80% Growth in the share of exports in the national income of developed countries USA, England, France, Germany, Sweden - 15-17% At present, foreign economic activity is carried out at 2 levels: - government authorities

establishing the foundations of interstate cooperation, creating legal and trade-political mechanisms that stimulate foreign economic activity,

- business entities - conclusion and execution of agreements, contracts and other actions within the framework of civil and commercial law.

The main directions of modern V E D

International trade

exchange of goods in material form and services related to the implementation of trade

Technical-economic and scientific-technical cooperation

- joint development and exchange of scientific and technological achievements - assistance in the field of industrial and civil construction - provision of engineering and technical services

Financial operations

- operations with consumer and loan capital, - international lending

Human Resources

- organization of movement (migration), - search for resources and employment, - related services.

Special forms of foreign economic activity

- tax havens, - offshore companies, - free zones: customs, transshipment, economic. In the process of foreign economic activity, economic relations are realized through commercial operations:

main:

- purchase - sale, - cooperation.

providing:

- transport, - forwarding, - insurance, - settlement and financial. These operations form a complex set of activities that are interconnected and interact with each other.

Foreign trade regulation methods

Legal: International trade agreements that determine: the ways of development of interstate economic relations, interaction modes and payment terms, periods and terms of cooperation. Contracts are usually long-term (5 years or more). Annual protocols specifying the content of contracts for a specific period. Contract terms may contain: - mandatory part: provided by legislative acts, - indicative part: determined by the economic interest of the participants. Legal regimes: - maximum favor - national Tariffs are developed on the basis of customs legislation, including the procedure for developing, approving and applying tariffs, etc. ...

in Russia– Customs Code and law" About customs tariff"

Non-tariff Para-tariff - Additional payments for the import of goods (VAT, excises, etc.), - Customs fees, - Internal taxes and special fees. Price control - Anti-dumping methods, - Protection of vulnerable sectors, - Price preferences (minimum price difference compared to the national producer). Financial - special rules for committing currency transactions (for example, the mandatory sale of foreign exchange earnings), Quantitative control - Quoting, - individual ( one country), - group, - global ( no countries). - Contingenting, Quantitative or cost restriction of exports or imports, introduced for a limited period, for individual goods or commodity groups in relation to one or a group of countries. - Automatic licensing, Mandatory license to export or import certain goods. - Establishment of a monopoly, the introduction of a state monopoly on trade in certain goods in the external and / or internal market. - Technical barriers, Checking the compliance of goods with certain requirements of a technical nature. In the Russian Federation, the following are additionally established: - Import procedures, Special rules carrying out import operations in public procurement. - Operational regulation, Carrying out one-time emergency measures in case of violation of legislative or other documents by participants in foreign economic activity.

Economic methods of export promotion

Direct financing of exporters Additional payments and subsidies to exporters from the state budget Indirect financing of exporters Allocation of credit resources at a reduced interbank rate through a network of private banks. Reducing taxes on exporters Allocation of credit resources at a reduced interbank rate through a network of private banks. Lending to exporters domestic Provision through state banks of medium-term (up to 5 years) and long-term (up to 20-30 years) loans for the development of export production in the national and freely convertible currency at stable rates. external Subsidizing from the budget of foreign importers in the form of financial or commodity credits, which can be used ONLY for the purchase of goods in the country of the creditor. Export operations insurance internal risk insurance in the organization of export production. external risk insurance for export operations (up to 80-90% of the transaction amount at reduced rates). USA Abstract

Lecture notes on the course "enterprise economics" Content: Theme enterprise in a market economy 3 (2)

Abstract

In the conditions of market relations, the enterprise is the main link in the entire economy, since it is at this level that the products needed by society are created and the necessary services are provided.

Lecture notes on the course "enterprise economics" content: Theme enterprise in a market economy 3 (3)

Abstract

In the conditions of market relations, the enterprise is the main link in the entire economy, since it is at this level that the products needed by society are created and the necessary services are provided.

Types of international commercial transactions.

Export-import operations.

Search for counterparties.

Model contract.

Basic terms of delivery.

Commercial activity through a trade and intermediary link.

Types of customs regimes for goods and Vehicle.

Customs payments.

15. Customs clearance.

Customs Broker.

customs carrier.

International commercial negotiations.

Methods of state regulation of foreign economic activity.

24. Certificate of Conformity.

Country of origin certificate

Fundamentals of foreign economic activity (Introduction).

Foreign economic activity is an activity related to the exchange of goods between partners located in different countries. A product is not only a material and material form, but also services, as well as knowledge. Partners or parties in foreign economic transactions are called contractors.

Consider the objective reasons that force states to engage in foreign economic activity. These are: 1) Uneven distribution of raw materials over the surface of the earth. (Some countries have minerals and some don't.) 2. Different climatic conditions, which affects the method of cultivating the land, agricultural productivity 3. The difference in the economy and economic structure of states. (There are developed industrial countries, and there are less developed agrarian ones). 4. Unequal level of development of engineering and technology in individual industries. (For example, German cars, Japanese electronics, French wines, Russian weapons, American aircraft, etc. Almost every state has goods that they make better than others).

Law of minimum cost. In accordance with this law, it is more profitable for the state to specialize in the production of those goods, the production costs of which are minimal, and to import those goods, the production costs of which are higher than when they were imported. But sometimes states, for political reasons, go to the production of goods, the cost of manufacturing which is less profitable than buying, so as not to become dependent on other states. For example, former Soviet Union he produced almost everything himself, although the quality of these goods was often worse and more expensive than if they were purchased.

Model contract.

International trade has been going on for many years. Merchants engaged in international trade developed certain habits and rules. There is a practice of distributing responsibilities and risks between the seller and the buyer of goods. All these habits and rules have been collected by the International Chamber of Commerce into a document - a model contract. Recommended for use in international commercial sales transactions. A model contract consists of a title and chapters. The heading indicates the number of the contract, as well as the date and place of its conclusion. The chapters usually include:

1 chapter: introductory part. In this chapter, counterparties are identified, the full legal name of the company is indicated, as well as the place and country of its location. The legal status of the company and the person representing it (signing this contract) are indicated. In accordance with the articles of association, the director or general director has the authority to represent the company. If the contract is entrusted to be signed by another person, then a power of attorney signed by the director or general director is issued for him, and a reference is made to this power of attorney in the introductory part. The period of validity of this power of attorney is also indicated.

Chapter 2: subject of contract. It indicates what type of product the seller is selling and the buyer is buying. If it is one item, it is described in this chapter. If these are several goods, then they use such a form as the creation of specifications attached to the contract, it indicates the name, article, quantity, cost of each product. The specification as well as the contract is signed by both parties and sealed.

Chapter 3: quantity. The quantity of goods, units of measurement of goods are determined, depending on their type (piece tons, liters, meters, cubic meters, wagons, etc.). The weight of the goods is indicated - gross and net.

Chapter 4: quality. It is determined how the quality of the goods can be controlled and what it should correspond to. The product must comply with either international or national standards. Or, if the product is specific, then it must comply with the specifications for this product. Sometimes, when trading with less developed countries, the quality is defined as corresponding to a catalog or even a sample. Quality parameters must be agreed upon by counterparties.

Chapter 5: delivery time or date. This chapter stipulates how the delivery is made: at a time, that is, the entire batch at once or in parts. For example - monthly, quarterly, annually or periodically. A specific delivery date may be specified.

Chapter 6: price. Here it is indicated what is the cost of delivery under this contract and in what currency the payment will be made. If the currency tends to change rapidly, then indicate whether it is a flexible price (depending on the change in the exchange rate), fixed or floating (the price will be adjusted after the contract is completed, taking into account all real costs).

Chapter 7: payments. This chapter describes how the payment will be made and specifies the form of payment. For example: - payment on an invoice, - collection form of payment, - letter of credit, - bill of exchange, - check, - electronic payments, - system of interbank electronic payments S.W.I.F.T., - cash.

The collection form of payment will be used to protect the exporter and importer from the partner's failure to fulfill its obligations under the Contract.

Bank of Importer

Bank of Importer

Bank of Exporter

· the exporter, having sent the goods, receives an invoice and a customs declaration called transport documents (TD). He gives them to his bank with instructions to receive payment (Payment) under this contract against the provision of transport documents. The exporter's bank, establishing a correspondent relationship with a bank in the importer's country (Via Border), sends him transport documents with an instruction to receive payment from the importer under this contract against the provision of transport documents to him. A bank in the importer's country provides the importer with these documents in exchange for payment under this contract and then forwards this payment to the exporter's bank for crediting the money to the exporter's account. This method of payment has two disadvantages: First, the movement of documents in one direction and the movement of money in reverse side takes considerable time, and secondly, a situation may arise that TDs have come to the importer's bank, and that has financial problems and he cannot redeem them, but the goods are already on their way. Therefore, this payment method is used when working with a verified counterparty.

When dealing with an unfamiliar partner, a letter of credit is applied.

Bank of Exporter

TD Border Payment

Bank of Importer

In case of letters of credit, the Importer reserves the amount of payment under this contract in the exporter's bank and, as soon as the exporter sends the goods, receives the transport documents and transfers them to his bank, an amount equal to the payment under the contract will be credited to his account. This form of payment eliminates the situation when the goods are shipped and the importer is insolvent. Letters of credit are: confirmed and unconfirmed, revocable and irrevocable, divisible and indivisible, renewable. The confirmed letter of credit contains the bank's obligation to make payment, regardless of whether it receives money from the importer or not. Unconfirmed such obligations do not contain. Revocable contains a provision that the bank can revoke this letter of credit if the importer's ability to pay is questioned. Irrevocable letters of credit indicate the period during which the bank has no right to send this letter of credit. Divisible, indivisible, renewable letters of credit are used when a part of the goods is sent.

Sometimes combined forms of payment are used (part is paid in cash, part is paid by bills, etc.).

Chapter 8: packaging and labeling. It is indicated what the packaging of the goods should be, whether it is returnable, reusable or non-refundable, whether its cost is included in the cost of the contract. Include in this chapter the order of marking. Each country has its own requirements. Negotiate the language, color, font and content of the marking.

Chapter 9: shipping order. This chapter describes the procedures for notifying a partner when a shipment is ready to ship and when it is ready to receive.

Chapter 10: delivery and acceptance of cargo. It describes how the transfer of the goods takes place, whether a representative of the buyer is needed when the goods are shipped, what deviations can occur when receiving the goods, what documents need to be drawn up and who must sign them.

Chapter 11: claims. The period during which the buyer must respond to a deviation in the quality or quantity of the goods received, what documents and within what period to draw up, etc. is indicated. For serious contracts, acceptance of cargo is carried out in the presence of an independent expert, which can be a representative of the Chamber of Commerce and Industry in the country of the recipient of the cargo.

Chapter 12: guarantees. It is indicated how the exporter provides guarantees for the quality of goods in the importing country. In case of breakage during the warranty period, the goods can be sent back to the exporter. You can set up a service center in the country of the importer. But these methods are expensive. Warranty discounts are also used when the quality factor of the goods is set and a larger amount of goods is received by the amount of the probable failure. For example, we buy TVs - 100 pieces. The reliability coefficient of this TV model is 0.97, that is, 3 TVs can fail during the warranty period. Therefore, not 100 TVs are supplied, but based on the probable failure of 103 TVs. Thus, the guarantee discount is 3%

Chapter 13: penalties for delay. This chapter describes what sanctions are applied in case of delay in the delivery of goods and how they are applied. As a sanction, there may be penalties presented in the form of interest or a certain amount for the delay.

Chapter 14: force majeure (force majeure circumstances). Counterparties agree and prescribe those circumstances that they consider to be force majeure circumstances (earthquake, flood, other natural disasters, revolution, change of power, changes in legislation, a sharp change in the exchange rate). For the duration of force majeure circumstances, partners are released from obligations, but the existence of these circumstances must be documented by an independent body. The chamber of commerce and industry in the country of the counterparty affected by force majeure may act as such a body.

Chapter 15: arbitration. Specifies the procedure for resolving disputes, who will be the arbitrator. As a rule, it is an independent body, for example, the Arbitration Court at the Chamber of Commerce and Industry.

Chapter 16: contract language. They indicate to which law the contract belongs, which language is the main one, etc. Also, the contract can be drawn up in two languages, and each of them can have equal force.

Chapter 17: entry into force of the contract. Describes from what date this contract comes into force. It can come into force from the moment of signing, from a certain date, from some action. All previous correspondence, telephone conversations and agreements not included in the contract become invalid, and all interaction between counterparties is carried out strictly in accordance with the signed contract.

Chapter 18: cession. The procedure for assigning rights to third parties is negotiated.

Chapter 19: legal addresses. The legal and actual addresses of counterparties, their postal addresses, telephones, faxes, e-mail are fully prescribed.

Chapter 20: signatures and seals. The signature of those persons indicated in chapter 1 is put. The seal must be the main one (round seal indicating the TIN).

The contract may contain all the listed chapters, some chapters may be combined, some chapters may be omitted and new chapters may be introduced, for example, on non-disclosure of commercial information under this contract, etc.

Basic terms of delivery.

Basic hallmark international sales contract is the use of international commercial terms to determine the basic terms of delivery. International commercial terms in English INCOTERMS, short for International commercial terms, arose and developed on the basis of international trade practice. For the first time, the International Chamber of Commerce published international rules for the interpretation of commercial terms in 1953, then there were only 9 of them. Later, when reissued in 1980 and then in 1990, these rules were improved and supplemented. International commercial terms Incoterms-2000 have been in force since 2000. This document defines the obligations of the seller and the buyer in the delivery of goods, as well as the point of transition of the risks of loss and damage to the goods from the seller to the buyer. In accordance with this document, the following choice of obligations of the seller and the buyer is possible:

1. The minimum obligations of the seller solely to provide their premises for the storage of goods for the purpose of further transfer to the disposal of the buyer (EXW).

2. Broader obligations of the seller to transfer the goods for transportation to either the carrier chosen by the buyer (FCA, FAS, FOB), or the carrier chosen by the seller, while he (the seller) pays for the carriage (CFR, CPT), and also provides insurance against possible risks in case of transportation (CIF, CIP).

3. The maximum obligations of the seller for the delivery and transfer of the goods at the destination specified by the buyer (DAF, DES, DEQ, DDU, DDP).

In accordance with Incoterms-2000, all international commercial terms are divided into 4 groups:

1 group: E. Includes basic conditions under which the buyer takes the goods from the factory or warehouse of the seller and contains only one term:

EXW from factory

In the event that the buyer fails to notify the seller of the time of arrival of the carrier appointed by the buyer for loading or fails to comply with the terms of acceptance of the goods, the buyer shall transfer all risks for the goods, starting from the date of delivery of the goods specified in the contract, but only on condition that the goods were separated as the subject of this contract and appropriately stored in the seller's warehouse, which may also contain the same goods intended for different buyers.

2 group: F. This group is characterized by the fact that the seller must deliver the goods to the buyer's vehicle.

Group F - main carriage not paid

Under the F-conditions, the seller is considered to have fulfilled his obligations after he has handed over the goods to the carrier in accordance with the instructions received from the buyer. These conditions assume that the buyer's obligations include the choice of a carrier, the conclusion of a contract of carriage with him. The seller informs the buyer about the readiness of the goods for shipment, after which the buyer concludes a contract of carriage and gives the seller instructions on who, when and how to transfer the purchased goods. Therefore, in each specific contract concluded on F-terms, this entire procedure should be clearly defined.

FCA (free carrier) - free from the carrier

FAS (free along side ship) - freely along the side of the ship

FOB (free on board) - free on board

3 group: C. This includes the basic terms of delivery, according to which the seller is obliged to conclude an insurance and freight contract (contract of carriage).

Group C - main carriage paid

In accordance with these conditions, the seller independently concludes a contract of carriage, pays for the carriage to the place of acceptance of goods by the buyer specified in the contract, and also notifies the buyer of the details of shipment and the estimated time of arrival of the goods at the agreed place of delivery.

CFR (cost and freigt) - cost and freight

CIF (cost, insurance, freigt) - cost, insurance and freight

CPT (carriage paid to ...) - transportation paid to ....

CIP (carriage and insurance paid to ..) - transportation and insurance paid to ...

4 group: D. The seller must deliver the goods to the point specified by the buyer and bear all costs and risks until the goods are delivered to the buyer.

Group D conditions can be divided into two categories. The first includes DAF, DES, DDU conditions, according to which the seller does not clear the goods for import. The second category includes DEQ and DDP. Under these conditions, the seller must obtain all necessary import licenses, as well as pay customs duties, fees and taxes.

DAF (delivered at frointer) - delivery at the border,

DES (delivered ex ship) - delivery from the ship,

DEQ (delivered ex qay duty paid) - delivery from the pier with payment of customs duty at the destination,

DDU (delivered duty unpaid) - delivery without payment of customs duties,

· DDP (delivered duty paid) - delivery with payment of customs duties.

Another important feature of the document is the classification of terms depending on the means of transportation of goods, which allows the contracting parties to make the most accurate choice of a particular term.

Any type of transport, including mixed:

EXW from factory (with items)

CPT Carriage Paid To (Specifying Destination)

· CIP Carriage and insurance paid (indicating item)

· DAF Delivery at the border (indicating the point)

DDU Delivered Duty Free (Destination Indicated)

DDP Delivered Duty Paid (Specifying Destination)

Air Transport:

· FCA Free Carrier (indicating the item)

Railway transport:

FCA Free Carrier (indicating the item)

Sea and inland water transport:

FAS Free along the side of the vessel (named port of shipment)

FOB Free on board (named port of shipment)

· CFR Cost and Freight (named port of destination)

· CIF Cost, insurance, freight (named port of destination)

· DES Delivered ex vessel (named port of destination)

· DEQ Delivered ex berth (named port of destination)

In the Incoterms-2000 document, for each term, there is a table defining the obligations of the seller (A) and the buyer (B):

Theoretically, it is possible to do without the use of abbreviations of international commercial terms, but in this case, all the nuances of the obligations of the seller and the buyer will have to be written in the contract. The correct entry of international commercial terms in the contract should look like this:

FOB Liverpool, Incoterms 2000.

DDU Frankfurt Schmidt GmbH, Warehouse 4, Incoterms 2000.

CPT Smith Carriers, Inc. Main Warehouse, New York, Incoterms 2000.

Distributor agreement.

Chapter 1: the parties to the contract are indicated, i.e. who is the supplier and who is the buyer. Chapter 2: the goods are determined. Chapter 3: the territory where the distributor will work is determined. Chapter 4: The right to sell is described. Chapter 5: ways to receive rewards, i.e. what discounts will apply, at what prices the goods will be sold. Chapter 6: the minimum turnover of the distributor is indicated. Chapter 7: the obligations of traders (should not sell competitors' goods, advertising, exhibitions, etc.). Chapter 8: control over the actions of the distributor (a report may be submitted or a representative may come and control the distributor on the spot). Chapter 9: obligations of the supplier of goods (warranty service, etc.). Chapter 10: the duration of the contract. Chapter 11: signatures, seals, addresses.

Commission agreement.

Chapter 1: indicates what goods, their quantity, quality. Chapter 2: the territory is negotiated Chapter 3: ownership of this product (the product is the property of the supplier of this product until the receipt of money).

Chapter 4: terms of delivery of goods and their cost. Chapter 5: conditions for receiving remuneration by a commission agent, its amount and how it is paid. Chapter 6: obligations of the committent and obligations of the commission agent (ensuring advertising, safety of goods, insurance, periodic reporting). Chapter 7: the procedure for the return of unsold goods. Chapter 8: dispute resolution procedure.

Chapter 9: signatures, seal, address.

Agency contract.

Chapter 1: determination of the parties. They indicate who is the principal and who is the agent. Indicate his coordinates, if this is a private person, then indicate his passport data. Chapter 2: powers of agents. Whether the agent has the right to enter into contracts on behalf of the principal. Chapter 3: definition of goods (for which goods the agent represents the principal). Chapter 4: definition of the territory. Chapter 5: The right to sell. Chapter 6: the term of the agreement and the procedure for terminating it. The agreement may be concluded for a specified period. Chapter 7: the amount and procedure for receiving remuneration by the agent and when the right to remuneration arises (percentage of the transaction or a specific amount). Chapter 8: agent's obligations (minimum work period clause, non-competition clause, advertising campaign clause, non-disclosure clause). Chapter 9: duties of the principal (report on the results of transactions, inform the agent about new products, provide the agent with promotional materials, when the price or delivery conditions change, the principal must notify in advance, in a timely manner and pay remuneration to the agent in the form of a percentage or a specific amount).

Chapter 10: addresses and coordinates, signatures, seals, dispute resolution procedure.

So let's look at the table. The mediator works:

Intermediary / type of transactions	Resale operations	Commission/Consignment Operations	Agency Operations
Merchant / Distributor	On my own behalf and at my own expense
Commissioner / Consignee		On my own behalf and not at my own expense
Trading agent			Not on my own behalf and not at my own expense

13. Types of customs regimes for goods and vehicles.

All goods imported and exported on the territory of the Russian Federation are placed under a certain customs regime. A person has the right to choose any customs regime or change it to another. For the purpose of customs regulation, the following regimes for goods and vehicles are established.

1. Main customs regimes: Release for internal consumption, Export, International customs transit.

3. Economic customs regimes: processing in the customs territory, processing for internal consumption, processing outside the customs territory, temporary importation, customs warehouse, free zone (free warehouse).

4. Final customs regimes: re-import, re-export, destruction, refusal in favor of the state.

5. Special customs regimes: temporary importation, duty-free trade, movement of supplies, other special regimes.

A person has the right to choose any customs regime, or change it to another, regardless of the nature of the goods, their quantity, the country of origin, etc.

Customs payments.

When moving goods and vehicles across the customs border, the following customs payments and their types are established:

25. Import customs duty paid in accordance with the law of the Russian Federation on the customs tariff. The amount of the duty is taken from the FEACN of the CIS - the classifier of all goods participating in FEA. The document is constantly updated, as the duty is increased for certain goods, and reduced for others, depending on the foreign economic policy pursued by the state. These changes are adopted by the relevant legislative body and are brought to the attention of foreign economic activity participants in advance.

26. Export customs duty .

3. value added tax. Payments are paid in accordance with the law of the Russian Federation on value added tax. It is paid when importing goods, when exporting it is not. This tax is not a customs payment, it refers to taxes that are entrusted to the customs authority for collection. The money is credited to the account of the regional tax authority.

27. excises accrued in accordance with the law of the Russian Federation on excises

and is charged only when goods are imported into the customs territory of the Russian Federation. The accrued money does not go to the account of the customs authority.

4. Customs duties(For example: for the issuance of licenses by the customs authorities and for the renewal of the license. The license must be taken when organizing a warehouse, processing outside the customs territory, etc. for issuing a qualification certificate for a customs clearance specialist and for renewing the certificate, customs fees for customs clearance. This is a payment for the fact that customs examines your documents. The payment is 0.15% of the value of the goods. This fee is always charged, even if the goods are not subject to excise, value added tax, customs fees for storage of goods, fees for customs escort of goods, payment for information and consultation.)

28. Special, anti-dumping and countervailing duties ,

established in accordance with the legislation of the Russian Federation on measures to protect the economic interests of the Russian Federation.

Customs duties and other fees and taxes are not paid if the total customs value of goods imported into the customs territory of the Russian Federation during the week and addressed to one recipient does not exceed 5,000 rubles.

Customs bodies give to the budget from 1/4 to 1/3 of all revenues. Customs payments are paid by the person moving the goods. Any interested person can pay a customs fee. Customs payments are paid before the acceptance of the declaration, or simultaneously. Payment is made to the customs account. We calculate the amount of customs payments ourselves, or a customs broker. In exceptional cases, a delay in the payment of customs payments may be granted, but should not exceed 2 months. During the grace period, interest is charged at the refinancing rate. Customs payments can be paid both in ruble equivalent and in foreign currency. Foreign currency is recalculated at the exchange rate of the Central Bank of the Russian Federation. Unpaid customs payments are collected by the customs authority in an unconditional manner with the help of courts, and penalties are collected for each day of delay in payment of customs payments. The amount of overpaid payments is subject to return at the request of the person within 1 year. When returning customs payments, interest on them is not paid. And, as a rule, customs does not pay with money, but credits it to your account against future payments.

15. Customs clearance.

Customs clearance is carried out in certain places in the region of activity of the customs authority in which the sender or recipient of the goods or its structural subdivision. Registration takes place during the work of the customs authority, but the customs code of the Russian Federation provides, at the request of a participant in foreign economic activity, outside the location of the customs authority and outside the working hours of the customs authority, but for a double rate. Customs clearance is carried out in Russian. No one has the right to use and dispose of goods in respect of which registration has not been completed. For customs purposes, customs authorities have the right to take samples and specimens of goods and conduct an examination. These samples and specimens are taken at the minimum required quantity. When taking samples, an appropriate act is drawn up. The costs and losses arising from the taking of these samples shall be borne by the person moving the goods.

Customs Broker.

Goods can be declared in two ways:

With the help of your customs clearance specialist. In this case, the declaration comes from the person moving the goods at his financial risks and behind his signature and seal. The power of attorney of the enterprise is issued for a specific specialist.

Declaration with the help of a customs broker (intermediary), which is carried out on behalf of the customs broker, with his signature and seal and at his risk.

To be a broker, you need to obtain an appropriate license for the right to engage in brokerage activities. It is issued under the following conditions:

a) it is necessary to have a customs clearance specialist on staff who has received a qualification certificate;

b) it is necessary to conclude an insurance contract for its activities;

c) have material and technical equipment sufficient to carry out activities as a customs broker.

17. Customs carrier.

A customs carrier may be an enterprise established in accordance with the legislation of the Russian Federation, which has the rights legal entity and received a license from the State Customs Committee of the Russian Federation to carry out activities as a customs carrier. To obtain a license, you must:

Have a vehicle whose equipment meets the requirements of the State Customs Committee of the Russian Federation. For example, it must ensure the safety of goods;

Conclude an insurance contract for your activities. Insurance cannot be less than a thousand times the size of the ILO.

The declaration is submitted no later than 15 days from the date of receipt of goods at the temporary storage warehouse of the customs authority of the Russian Federation. When declaring goods, the declarant must:

1. to declare goods and vehicles in accordance with the procedure provided for by this code;

2. at the request of the customs authority, present the goods that are being declared;

3. submit to the customs authority the necessary additional documents and information necessary for customs clearance;

4. pay customs duties;

5. assist customs authorities in customs clearance, loading and unloading.

FOUNDATIONS OF FOREIGN ECONOMIC ACTIVITIES (lectures)

Lecture topic: Theoretical and organizational foundations of foreign economic activity management

Lecture plan: Definition and basic concepts of foreign economic activity. The structure and functions of state regulation of foreign economic activity in the Republic of Belarus. Management of foreign economic activity at the enterprise. Foreign economic relations of the Republic of Belarus with the WTO. Efficiency of foreign economic activity

The purpose of the lecture is to study the basic concepts of foreign economic activity, to consider the system of foreign economic activity management, as well as to study the structure and functions of state regulation of foreign economic activity in the Republic of Belarus.

1.1 Definition and basic concepts of foreign economic activity

The concept of foreign economic activity appeared with the beginning of the reform of certain forms of international economic relations, in particular the decentralization and liberalization of foreign trade relations. As a result, there was a reorientation of priorities in international economic relations, namely the transition from interstate (intergovernmental) foreign economic relations to foreign economic activity at the level of business entities.

Foreign economic activity is a form of implementation of foreign economic relations, which in turn determine the nature of foreign economic relations.

Foreign economic relations are a set of economic relations that ensure the organization of export-import operations regarding the transnational transfer of goods, services, labor and capital in order to increase the efficiency of the functioning of interacting entities.

Foreign economic activity is one of the areas of economic activity of the state, enterprises, firms, closely related to foreign trade, export and import of goods, foreign loans and investments, and the implementation of joint projects with other countries.

Foreign economic relations are trade, scientific, technical, industrial and other economic relations of countries with foreign states.

It is necessary to distinguish foreign economic relations from international economic relations. The former arise on the initiative of one of the parties and are limited to protecting the external economic interests of the given state. The second involves lobbying international, supranational interests with the creation of appropriate structures to protect them.

The set of types of foreign economic activity of the enterprise is shown in Figure 1.1.

Figure 1.1. – Types of foreign economic activity

Enterprises

International trade is a set of economic relations regarding the exchange of goods, services, scientific and technical products on a commercial basis. Foreign trade can be carried out directly between entities or using the services of intermediaries (commission agents, consignees, distributors, agents, brokers, dealers, etc.).

Foreign trade activity as a form of implementation of foreign trade relations is classified in a number of areas:

- export– export abroad of goods sold to foreign buyers intended for sale in foreign markets or for processing in another country.

- import- import into the country from abroad of foreign goods, technology, capital, services for use in the domestic market of the country, to meet the needs that the country itself is unable to provide.

- re-export- export from the country of previously imported, imported into it raw materials and other goods for the purpose of their resale to other countries in the same form or after some processing.

- re-import- re-importation into the country of goods previously exported abroad that have not been processed there. Such goods include, for example, things not sold at foreign auctions, rejected, returned as unnecessary.

Counter trade- foreign trade operations, contracts, transactions providing for counter obligations of exporters to purchase goods from importers for the full value or part of the export value (barter transactions, counter purchases). Contribute to the balance of exports and imports.

Counter transactions are the most common form of counter trading. These are transactions in which part of the export proceeds is directed to the purchase of products from importing countries (this is barter, compensation (full or partial)), i.e. the consent of the exporting supplier to pay for its deliveries in part or in full in goods or services. Counter purchases are trading operations in which the buyer agrees, concludes an agreement with the seller on the counter, reciprocal sale of his goods after a certain, sometimes long period of time. Such purchases are used most often in international trade and contribute to achieving a balance in the balance of exports and imports. Settlements for counter purchases can be made at the expense of own funds, on the basis of a loan or in the form of mutual offset.

Industrial cooperation in its essence and mechanism of functioning is closely related to investment cooperation, so they are often included in one form of foreign economic activity.

Industrial cooperation- this is the organization of production relations between countries or enterprises of different countries for the purpose of joint production of products based on the social division of labor and specialization of production.

The following types of industrial cooperation are distinguished: enterprises with foreign investment, free economic zones, financial and industrial groups (these are forms of integration of financial, industrial and commercial capital through equity participation).

Investment cooperation is a rational distribution of resources, a way for states to achieve better results in the economy by taking advantage of participation in the international division of labor, updating the technological structure of social production.

Investment cooperation in foreign economic activity is realized through portfolio investments, direct investments.

The essence of management is manifested in functions that express the direction or stages of the implementation of a targeted impact on the connections and relationships of people in the management process:

Foreign trade planning, which involves the development of a plan for the production and sale of export products, foreign exchange flows (revenues and expenses), R&D, etc.;

Organization of foreign economic activity, which consists in choosing the optimal organizational structure of management;

Coordination (regulation) - corrective purposeful impact on specialists who carry out individual operations for the implementation of foreign economic activity;

Stimulation (activation) - material and moral encouragement of employees, their motivation;

Control - systematic observation (monitoring) of the activities of specialists, comparison of planned and actual results of foreign economic activity.

When organizing the management of foreign economic activity of an enterprise, the following principles must be observed:

Independence in decision making;

A combination of rights, duties and responsibilities;

Accounting for national economic interests;

Freedom to choose a foreign trade partner;

Ensuring the effectiveness of foreign economic activity.

Any management process (foreign trade management is no exception) begins with the formulation and selection of goals based on a deep comprehensive analysis of the state of the object of management, opportunities and main trends in its development. If the goals of control are unknown, then the control of the system itself does not make sense, i.e. It is the presence of goals that determines the content of management.

FEA planning- this is a set of actions and decisions taken by the management of the company (enterprise, organization), which ensure the achievement of the company's goals by means of foreign economic activity in the long term.

The nature and content of planned activities (including the planning of foreign economic activity) are determined by the basic principles of planning, the observance of which creates conditions for the effective operation of the enterprise, reduces the likelihood of negative results. The main principles of foreign economic activity planning are:

The principle of unity (holism), assuming that the planning of foreign economic activity should be systemic, i.e. be represented by a set of interrelated elements, the interaction between which is subject to a common goal;

The principle of participation, which means that all services and specialists of the enterprise who are directly affected by it should be involved in the planning process of foreign economic activity. As a result, each of the participants in the organization gets a deeper understanding of the company's activities, increases their motivation, develops themselves as a person;

The principle of continuity and flexibility of planning, which is reflected in the implementation of constant monitoring of changes occurring as a result of the implementation of plans and maneuvering and adjusting plans in the event of unforeseen circumstances;

The principle of accuracy, which provides for concretization and detailing to the extent that the external and internal conditions of the enterprise's activities allow.

The process of planning foreign economic activity consists in solving these problems, associated with the choice of alternative actions:

On the development of the company's strategic goals: general and directly foreign economic;

By assessing its capabilities and resources (industrial, personnel, financial, managerial, etc.);

Analysis of trends in the field of marketing activities in foreign and domestic markets;

By defining a strategy for the future and developing programs.

Based on the solution of the listed tasks, a strategy is developed.

The company's strategy is a long-term system of measures that ensures the achievement of the company's goals. Strategy development involves the implementation of six stages, presented in Figure 1.2.

The global goal of foreign economic activity of the enterprise- maximization of the mass and the rate of profit based on the use of the advantages of the international division of labor - is implemented through a number of sub-goals:

Expansion of sales of manufactured products by developing new markets abroad, expanding the circle of buyers of goods due to its novelty or preference for prices or quality;

Minimization of production costs and unit costs per unit of output while optimizing the size of production exceeding the capacity of the domestic market;

Reducing the costs of selling goods by choosing the right sales strategy (creating your own foreign sales infrastructure or using a specialized intermediary with its sales and distribution network, using combined schemes);

Meeting the needs for the purchase of raw materials, components, the latest technologies, equipment and know-how, attracting engineering services for production needs based on uniqueness, higher quality and low prices relative to the domestic market;

Extending the life cycle of products by selling them in new markets characterized by a lower level of needs and effective demand;

Ensuring a more complete utilization of production capacities and stabilization of product sales as a result of cooperation;

Minimizing the cost of updating fixed capital by using the possibilities of international leasing;

Improving product quality through the use of new technologies, materials, design solutions and other means;

Improving the efficiency of capital investment, primarily in an entrepreneurial form, to save production costs, optimize the supply chain (getting closer to sources of raw materials, cheap labor and sales markets), diversify activities as a means of ensuring financial stability, as well as increase profits against the backdrop of a decrease in tax deductions;

The transfer of entrepreneurial activity to countries with a more stable political situation, a more favorable investment climate;

The transfer of "harmful production" to countries that have more liberal environmental legislation.

FOUNDATIONS OF FOREIGN ECONOMIC ACTIVITIES (lectures)

2. Types of international commercial transactions.

4. Export-import operations.

5. Search for counterparties.

6. Standard contract.

7. Basic terms of delivery.

8. Commercial activity through a trading and intermediary link.

13.

14. Customs payments.

15. Customs clearance.

16. Customs broker.

17. Customs carrier.

23. Methods of state regulation of foreign economic activity.

24. Certificate of Conformity.

25.

1. Fundamentals of foreign economic activity (Introduction).

Foreign economic activity is an activity related to the exchange of goods between partners located in different countries. A product is not only a material and material form, but also services, as well as knowledge. Partners or parties in foreign economic transactions are called contractors.

Consider the objective reasons that force states to engage in foreign economic activity. These are: 1) Uneven distribution of raw materials over the surface of the earth. (Some countries have minerals and some don't.) 2. Different climatic conditions, which affects the method of cultivating the land, agricultural productivity 3. The difference in the economy and economic structure of states. (There are developed industrial countries, and there are less developed agrarian ones). 4. Unequal level of development of engineering and technology in individual industries. (For example, German cars, Japanese electronics, French wines, Russian weapons, American aircraft, etc. Almost every state has goods that they make better than others).

Law of minimum cost. In accordance with this law, it is more profitable for the state to specialize in the production of those goods, the production costs of which are minimal, and to import those goods, the production costs of which are higher than when they were imported. But sometimes states, for political reasons, go to the production of goods, the cost of manufacturing which is less profitable than buying, so as not to become dependent on other states. For example, the former Soviet Union produced almost everything itself, although the quality of these goods was often worse and more expensive than if they were purchased.

2. Types of international commercial transactions.

International commercial transactions are divided into two types - basic and supporting.

The main ones include transactions in which goods are exchanged in material form, as well as in the form of services and knowledge. Examples of such transactions: purchase and sale transactions, trade in patents, know-how, licenses, consultations, rental, leasing, travel, film and video products exchange, etc.

Supporting operations include operations to promote goods from the seller to the buyer. Examples of such operations are transport and forwarding operations, storage and insurance of goods, operations for settlements for goods.

international trade deal. An international trade transaction is a contract or agreement between two or more parties located in different countries for the supply of a certain quantity and a specified quality of goods at a certain time and on certain conditions. A contract or agreement is made in writing and is called an international contract.

Contract or an agreement is a commercial transaction that is agreed to in writing.

Counterparties are partners in an international transaction located in different countries. Firms, business unions, government agencies, international organizations (UN, UNESCO, EU, etc.) can act as counterparties. The vast majority of contracts are concluded by firms.

4. Export-import operations .

Export-import transactions mean commercial activities related to the purchase and sale of goods.

Export-import operations are considered completed if the goods are released through the border of the recipient's country, which is possible after all the necessary formalities and procedures have been completed. International trade does not take into account goods that are transferred in the form of assistance, gifts, carried out free of charge. All other transactions are necessarily recorded and accounted for by the customs authorities, where there are special statistics departments. The only source of state of foreign trade activity of the state is its customs statistics. Customs statistics is the basis of the state foreign economic policy.

Export is an activity related to the export from the country of goods mined, grown, produced in this country, as well as goods previously imported into the country and subjected to processing there.

Re-export - the export from the country of goods previously imported into the country and not subjected to processing.

Import - activities related to the importation into the country of goods directly from the country of origin of these goods or third countries. This also includes the import of goods for processing under customs control with a view to the subsequent export of processed products abroad.

Re-import - the import of goods previously exported abroad and not subjected to processing there.

Customs territory - a territory where control over the import and export of goods is carried out by a single customs authority according to uniform rules. This is the land, air territory of the state, as well as adjacent and internal waters. The customs territory does not always coincide with the political borders of the country. In addition, the free zone is not included in the customs territory. Free zones are created near terminals (port, airport, railway station) in order to create conditions that facilitate the economic activity of an international trade entity. With goods imported into the free zone, various operations can be carried out, while duties, taxes and fees are not paid. Sometimes free zones are made within the country (Yelabuga). When goods are imported from the free zone into the customs territory, they are fully customs cleared and all duties and fees necessary for such clearance are paid.

Exists two methods of international transactions: direct and indirect. With the direct method, the transaction is carried out directly between the producer and the consumer of the goods located in different countries, on the basis of a sales contract. With the indirect method, the transaction is carried out with the help of a reseller on the basis of an agreement with the reseller.

5. Search for counterparties.

The main task of a manufacturer of goods or an intermediary is to find a counterparty for an international transaction. In this case, there are several methods for finding counterparties:

1. Send an offer to one or more potential buyers. Offer - a written offer for the sale or purchase of any product, which indicates which product, in what quantity, under what conditions, and at what price is offered. The offer is firm and free. Firm offer - an offer is made to one potential buyer, the validity period of this offer is indicated. During this period, the person submitting the offer does not have the right to change the conditions or offer it to anyone else. If within the agreed period there is no response from counterparties, then he becomes free from her obligations and can submit it to another. Free offer - such an offer is made to several potential counterparties and then the submitter of the offer chooses himself with which of the respondents to work further, and the conditions may change. If the counterparty agrees to the terms of the offer, he sends an acceptance (agreement with the terms of the transaction) and then the counterparties enter into a contract. If the counterparty who received the offer does not agree with any conditions, he submits a counter-offer with his own conditions. If the exporter agrees to the terms of the counter-offer, he sends an acceptance, after which the contract is concluded. Submission of the counter-offer is repeated until one of the counterparties sends an acceptance.

importer

OFFER

exporter

2. Confirmation of receipt of the order.

3. Offer a similar or different product in response to the request received.

4. Take part in an international tender - a competition to receive any purchase order.

5. Take part in an exhibition or fair. The fair differs from the exhibition in that it allows selling from the stand. But here it must be borne in mind that, as a rule, goods are exported to the exhibition-fair duty-free under the temporary export regime with the obligation to return them to the country after some time (the time of the exhibition-fair). If something was sold at the fair, then at the customs office upon return they will be required to present documents confirming the fact of sale, as well as pay all duties and fees, as if the goods were delivered in export mode. Exhibitions are divided into international (where goods from different countries are presented), national (companies from one country are represented). In addition, exhibitions are classified by subject. For example, general industrial (products of various industries are presented) and specialized (products of one industry are presented). When traveling to an exhibition abroad, it is advisable to carry out work in advance to search for potential counterparties. Of great importance is the regularity of participation in exhibitions, as you can follow the prices of competitors and various innovations offered by other companies.

6. Advertising in the media (newspapers, magazines, television, Internet, E-mail, direct mail). When developing a marketing strategy, it is necessary to take into account the specifics of the product. For advertising, you need to choose those media that are most popular with your potential buyer. For example, if you trade in oil refining equipment, then the most preferred publication for advertising would be a magazine like “Oil Refining”, but not like a popular youth radio station or a magazine “Large Animal Husbandry”.

6. Standard contract.

International trade has been going on for many years. Merchants engaged in international trade developed certain habits and rules. There is a practice of distributing responsibilities and risks between the seller and the buyer of goods. All these habits and rules have been collected by the International Chamber of Commerce into a document - a model contract. Recommended for use in international commercial sales transactions. A model contract consists of a title and chapters. The heading indicates the number of the contract, as well as the date and place of its conclusion. The chapters usually include:

1 chapter: introductory part. In this chapter, counterparties are identified, the full legal name of the company is indicated, as well as the place and country of its location. The legal status of the company and the person representing it (signing this contract) are indicated. In accordance with the articles of association, the director or general director has the authority to represent the company. If the contract is entrusted to be signed by another person, then a power of attorney signed by the director or general director is issued for him, and a reference is made to this power of attorney in the introductory part. The period of validity of this power of attorney is also indicated.

Chapter 2: subject of contract. It indicates what type of product the seller is selling and the buyer is buying. If it is one item, it is described in this chapter. If these are several goods, then they use such a form as the creation of specifications attached to the contract, it indicates the name, article, quantity, cost of each product. The specification as well as the contract is signed by both parties and sealed.

Chapter 3: quantity. The quantity of goods, units of measurement of goods are determined, depending on their type (piece tons, liters, meters, cubic meters, wagons, etc.). The weight of the goods is indicated - gross and net.

Chapter 4: quality. It is determined how the quality of the goods can be controlled and what it should correspond to. The product must comply with either international or national standards. Or, if the product is specific, then it must comply with the specifications for this product. Sometimes, when trading with less developed countries, the quality is defined as corresponding to a catalog or even a sample. Quality parameters must be agreed upon by counterparties.

Chapter 5: delivery time or date. This chapter stipulates how the delivery is made: at a time, that is, the entire batch at once or in parts. For example - monthly, quarterly, annually or periodically. A specific delivery date may be specified.

Chapter 6: price. Here it is indicated what is the cost of delivery under this contract and in what currency the payment will be made. If the currency tends to change rapidly, then indicate whether it is a flexible price (depending on the change in the exchange rate), fixed or floating (the price will be adjusted after the contract is completed, taking into account all real costs).

Chapter 7: payments. This chapter describes how the payment will be made and specifies the form of payment. For example: - payment on an invoice, - collection form of payment, - letter of credit, - bill of exchange, - check, - electronic payments, - system of interbank electronic payments S.W.I.F.T., - cash.

The collection form of payment will be used to protect the exporter and importer from the partner's failure to fulfill its obligations under the Contract.

exporter

Bank of Importer

Bank of Importer

Bank of Exporter

TD

- the exporter, having sent the goods, receives a waybill and a customs declaration called transport documents (TD). He gives them to his bank with instructions to receive payment (Payment) under this contract against the provision of transport documents. The exporter's bank, establishing a correspondent relationship with a bank in the importer's country (Via Border), sends him transport documents with an instruction to receive payment from the importer under this contract against the provision of transport documents to him. A bank in the importer's country provides the importer with these documents in exchange for payment under this contract and then forwards this payment to the exporter's bank for crediting the money to the exporter's account. This method of payment has two disadvantages: Firstly, the movement of documents in one direction and the movement of money in the opposite direction takes a significant amount of time, and secondly, such a situation may arise that TDs have come to the importer's bank, and that there are financial problems and he cannot redeem them, but the goods are already on their way. Therefore, this payment method is used when working with a verified counterparty.

When dealing with an unfamiliar partner, a letter of credit is applied.

Bank of Exporter

TD Border Payment

In case of letters of credit, the Importer reserves the amount of payment under this contract in the exporter's bank and, as soon as the exporter sends the goods, receives the transport documents and transfers them to his bank, an amount equal to the payment under the contract will be credited to his account. This form of payment eliminates the situation when the goods are shipped and the importer is insolvent. Letters of credit are: confirmed and unconfirmed, revocable and irrevocable, divisible and indivisible, renewable. The confirmed letter of credit contains the bank's obligation to make payment, regardless of whether it receives money from the importer or not. Unconfirmed such obligations do not contain. Revocable contains a provision that the bank can revoke this letter of credit if the importer's ability to pay is questioned. Irrevocable letters of credit indicate the period during which the bank has no right to send this letter of credit. Divisible, indivisible, renewable letters of credit are used when a part of the goods is sent.

Sometimes combined forms of payment are used (part is paid in cash, part is paid by bills, etc.).

Chapter 8: packaging and labeling. It is indicated what the packaging of the goods should be, whether it is returnable, reusable or non-refundable, whether its cost is included in the cost of the contract. Include in this chapter the order of marking. Each country has its own requirements. Negotiate the language, color, font and content of the marking.

Chapter 9: shipping order. This chapter describes the procedures for notifying a partner when a shipment is ready to ship and when it is ready to receive.

Chapter 10: delivery and acceptance of cargo. It describes how the transfer of the goods takes place, whether a representative of the buyer is needed when the goods are shipped, what deviations can occur when receiving the goods, what documents need to be drawn up and who must sign them.

Chapter 11: claims. The period during which the buyer must respond to a deviation in the quality or quantity of the goods received, what documents and within what period to draw up, etc. is indicated. For serious contracts, acceptance of cargo is carried out in the presence of an independent expert, which can be a representative of the Chamber of Commerce and Industry in the country of the recipient of the cargo.

Chapter 12: guarantees. It is indicated how the exporter provides guarantees for the quality of goods in the importing country. In case of breakage during the warranty period, the goods can be sent back to the exporter. You can set up a service center in the country of the importer. But these methods are expensive. Warranty discounts are also used when the quality factor of the goods is set and a larger amount of goods is received by the amount of the probable failure. For example, we buy TVs - 100 pieces. The reliability coefficient of this TV model is 0.97, that is, 3 TVs can fail during the warranty period. Therefore, not 100 TVs are supplied, but based on the probable failure of 103 TVs. Thus, the guarantee discount is 3%

Chapter 13: penalties for delay. This chapter describes what sanctions are applied in case of delay in the delivery of goods and how they are applied. As a sanction, there may be penalties presented in the form of interest or a certain amount for the delay.

Chapter 14: force majeure (force majeure circumstances). Counterparties agree and prescribe those circumstances that they consider to be force majeure circumstances (earthquake, flood, other natural disasters, revolution, change of power, changes in legislation, a sharp change in the exchange rate). For the duration of force majeure circumstances, partners are released from obligations, but the existence of these circumstances must be documented by an independent body. The chamber of commerce and industry in the country of the counterparty affected by force majeure may act as such a body.

Chapter 15: arbitration. Specifies the procedure for resolving disputes, who will be the arbitrator. As a rule, it is an independent body, for example, the Arbitration Court at the Chamber of Commerce and Industry.

Chapter 16: contract language. They indicate to which law the contract belongs, which language is the main one, etc. Also, the contract can be drawn up in two languages, and each of them can have equal force.

Chapter 17: entry into force of the contract. Describes from what date this contract comes into force. It can come into force from the moment of signing, from a certain date, from some action. All previous correspondence, telephone conversations and agreements not included in the contract become invalid, and all interaction between counterparties is carried out strictly in accordance with the signed contract.

Chapter 18: cession. The procedure for assigning rights to third parties is negotiated.

Chapter 19: legal addresses. The legal and actual addresses of counterparties, their postal addresses, telephones, faxes, e-mail are fully prescribed.

Chapter 20: signatures and seals. The signature of those persons indicated in chapter 1 is put. The seal must be the main one (round seal indicating the TIN).

The contract may contain all the listed chapters, some chapters may be combined, some chapters may be omitted and new chapters may be introduced, for example, on non-disclosure of commercial information under this contract, etc.

7. Basic terms of delivery.

The main distinguishing feature of the international contract of sale is the use of international commercial terms to determine the basic terms of delivery. International commercial terms in English INCOTERMS, short for International commercial terms, arose and developed on the basis of international trade practice. For the first time, the International Chamber of Commerce published international rules for the interpretation of commercial terms in 1953, then there were only 9 of them. Later, when reissued in 1980 and then in 1990, these rules were improved and supplemented. International commercial terms Incoterms-2000 have been in force since 2000. This document defines the obligations of the seller and the buyer in the delivery of goods, as well as the point of transition of the risks of loss and damage to the goods from the seller to the buyer. In accordance with this document, the following choice of obligations of the seller and the buyer is possible:

1. The minimum obligations of the seller solely to provide their premises for the storage of goods for the purpose of further transfer to the disposal of the buyer (EXW).

2. Broader obligations of the seller to transfer the goods for transportation to either the carrier chosen by the buyer (FCA, FAS, FOB), or the carrier chosen by the seller, while he (the seller) pays for the carriage (CFR, CPT), and also provides insurance against possible risks in case of transportation (CIF, CIP).

3. The maximum obligations of the seller for the delivery and transfer of the goods at the destination specified by the buyer (DAF, DES, DEQ, DDU, DDP).

In accordance with Incoterms-2000, all international commercial terms are divided into 4 groups:

1 group: E. Includes basic conditions under which the buyer takes the goods from the factory or warehouse of the seller and contains only one term:

 EXW from factory

In the event that the buyer fails to notify the seller of the time of arrival of the carrier appointed by the buyer for loading or fails to comply with the terms of acceptance of the goods, the buyer shall transfer all risks for the goods, starting from the date of delivery of the goods specified in the contract, but only on condition that the goods were separated as the subject of this contract and appropriately stored in the seller's warehouse, which may also contain the same goods intended for different buyers.

2 group: F. This group is characterized by the fact that the seller must deliver the goods to the buyer's vehicle.

Group F - main carriage not paid

Under the F-conditions, the seller is considered to have fulfilled his obligations after he has handed over the goods to the carrier in accordance with the instructions received from the buyer. These conditions assume that the buyer's obligations include the choice of a carrier, the conclusion of a contract of carriage with him. The seller informs the buyer about the readiness of the goods for shipment, after which the buyer concludes a contract of carriage and gives the seller instructions on who, when and how to transfer the purchased goods. Therefore, in each specific contract concluded on F-terms, this entire procedure should be clearly defined.

 FCA (free carrier) - free from the carrier

 FAS (free along side ship) - free along the side of the ship

 FOB (free on board) - free on board

3 group: C. This includes the basic terms of delivery, according to which the seller is obliged to conclude an insurance and freight contract (contract of carriage).

Group C - main carriage paid

In accordance with these conditions, the seller independently concludes a contract of carriage, pays for the carriage to the place of acceptance of goods by the buyer specified in the contract, and also notifies the buyer of the details of shipment and the estimated time of arrival of the goods at the agreed place of delivery.

 CFR (cost and freigt) - cost and freight

 CIF (cost, insurance, freigt) - cost, insurance and freight

 CPT (carriage paid to ...) - carriage paid to ....

 CIP (carriage and insurance paid to ..) - transportation and insurance paid to ...

4 group: D. The seller must deliver the goods to the point specified by the buyer and bear all costs and risks until the goods are delivered to the buyer.

Group D conditions can be divided into two categories. The first includes DAF, DES, DDU conditions, according to which the seller does not clear the goods for import. The second category includes DEQ and DDP. Under these conditions, the seller must obtain all necessary import licenses, as well as pay customs duties, fees and taxes.

 DAF (delivered at frointer) - delivery at the border,

 DES (delivered ex ship) - delivery from the ship,

 DEQ (delivered ex qay duty paid) - delivery from the berth with payment of customs duty at the destination,

 DDU (delivered duty unpaid) - delivery without payment of customs duties,

 DDP (delivered duty paid) - delivery with payment of customs duties.

Another important feature of the document is the classification of terms depending on the means of transportation of goods, which allows the contracting parties to make the most accurate choice of a particular term.

Any type of transport, including mixed:

 EXW from the factory (indicating items)

 CPT Carriage Paid To (Specifying Destination)

 CIP Carriage and insurance paid (indicating item)

 DAF Delivery at the border (indicating the point)

 DDU Delivered Duty Free (Specifying Destination)

 DDP Delivered Duty Paid (Specifying Destination)

Air Transport:

 FCA Free Carrier (indicating the item)

Railway transport:

 FCA Free Carrier (indicating the point)

Sea and inland water transport:

 FAS Free alongside ship (named port of shipment)

 FOB Free on board (named port of shipment)

 CFR Cost and Freight (named port of destination)

 DES Delivered ex ship (named port of destination)

 DEQ Delivery ex berth (named port of destination)

In the Incoterms-2000 document, for each term, there is a table defining the obligations of the seller (A) and the buyer (B):

A - the obligations of the seller	B - Buyer's Responsibilities
A 1 - delivery of goods in accordance with the contract A 2 - licenses, permits and formalities A 3 - contract of carriage and insurance A 4 - delivery A 5 - the transfer of risk A 6 - division of expenses A 7 - notice to the buyer A 8 - proof of delivery, transport documents, e-mail A 9 - checking, packaging, marking A 10 - other obligations	B 1 - payments B 2 - licenses, permits and formalities B 3 - contract of carriage B 4 - acceptance of goods B 5 - risk transfer B 6 - division of expenses B 7 - notification of the seller B 8 - proof of delivery, transport documents, e-mail B 9 - checking, packaging, labeling B 10 - other obligations

Theoretically, it is possible to do without the use of abbreviations of international commercial terms, but in this case, all the nuances of the obligations of the seller and the buyer will have to be written in the contract. The correct entry of international commercial terms in the contract should look like this:

FOB Liverpool, Incoterms 2000.

DDU Frankfurt Schmidt GmbH, Warehouse 4, Incoterms 2000.

CPT Smith Carriers, Inc. Main Warehouse, New York, Incoterms 2000.

8. Commercial activity through a trading and intermediary link.

Trade and intermediary operations include operations related to the purchase and sale of goods and performed independently of the manufacturer by a reseller on the basis of an agreement concluded between them. Intermediaries are called agents, sales agents. A trading and intermediary firm (agent) acts with the aim of making a profit by means of the difference between the sale and purchase prices, or by receiving some kind of remuneration. Trading and intermediary operations are divided into 3 groups: 1. resale operations 2. commission operations 3. agency operations

1. Resale operations carried out by a reseller acting on his own behalf and at his own expense. The intermediary buys the goods at his own expense and resells without obligation to the manufacturer (seller). In England, the USA such intermediaries are called "merchants" (Merchants). They buy goods on the basis of a sales contract and then sell them where they want, to whom they want and for how much they want, regardless of the seller of the goods. They get their interest from the difference between the purchase price and the sale price. A variation of the resale operation is a distribution operation - the seller grants the reseller the right to sell goods in a certain territory on the basis of a distribution agreement. Just like a merchant, a distributor buys goods on the basis of a sales contract and acts on his own behalf and at his own expense, but, unlike a merchant, certain obligations are imposed on him in accordance with a distribution contract. For example, the restriction on the territory and a number of other restrictions. Such an intermediary is called a distributor. The distributor receives distributor discounts compared to the price of this product for the merchant, which makes his product more competitive. Just like the merchant, the distributor has his own interest due to the difference between the purchase price and the sale price of the goods. The seller is interested in a large distributor.

2. Commission transactions consist in the commission by one party, called the commission agent, on behalf of the other party, called the committent, trade transactions on its own behalf and at the expense of the committent, that is, the manufacturer provides the goods to the intermediary, who must sell it and return the money to the manufacturer. The commission agent has his own interest in the form of remuneration for the goods sold. As a rule, this is an agreed percentage of the amount received for the sold goods or some fixed amount. A variety of commission transactions is a consignment transaction, that is, a consignment agreement is concluded, according to which one party (consignee) instructs the other party (consignee) to sell goods from a warehouse in the country of the consignee. A consignment agreement is used when entering a new market or with a new product. According to this agreement, the intermediary must sell the goods before a certain time, while they import a batch of goods and see how it is in demand. In commission transactions and consignment transactions, the intermediary acts on his own behalf, but not at his own expense. The costs associated with hiring a warehouse and personnel are borne by the consignee, but then their amount is reimbursed by the consignee. The consignee receives remuneration in the form of a percentage, or in the form of a specific amount.

3. Agency Operations consist in an assignment by one party, called the principal, to the other party, called the trading agent, to search for a buyer for the principal's products on the basis of an agency agreement. The mediator does not act on his own behalf and not at his own expense. The task of the agent is to find a buyer after receiving information about the product and bring him together with the principal. After the conclusion of the transaction and the receipt by the principal of the agent's money, the right to remuneration in the form of a percentage or in the form of a specific amount comes.

Right to sell It happens:

Simple (a territory is allocated to an intermediary, and the manufacturer of the goods does not undertake obligations that he will not conclude contracts with other intermediaries in this territory);

Exclusive (in the specified territory, the supplier will not conclude other intermediary contracts, that is, this intermediary is the only one in this territory and those who contact the manufacturer will be referred to the intermediary);

Exclusive with restriction (the supplier reserves the right to sell the goods in the agreed territory).

Intermediaries and suppliers conclude such agreements as a sales agreement, a distribution agreement, a commission agreement, a consignment agreement, an agency agreement. The contracts describe situations of competition (one agent cannot sell goods to another company, another supplier), a clause on the minimum turnover (the turnover that the intermediary must carry out for a certain period of time). Having an intermediary makes it easier for the manufacturer to plan the approximate sales volume of the intermediary. If the intermediary does not cope with the task, then the manufacturer can find another intermediary.

Distributor agreement.

Chapter 1: the parties to the contract are indicated, i.e. who is the supplier and who is the buyer. Chapter 2: the goods are determined. Chapter 3: the territory where the distributor will work is determined. Chapter 4: The right to sell is described. Chapter 5: ways to receive rewards, i.e. what discounts will apply, at what prices the goods will be sold. Chapter 6: the minimum turnover of the distributor is indicated. Chapter 7: the obligations of traders (should not sell competitors' goods, advertising, exhibitions, etc.). Chapter 8: control over the actions of the distributor (a report may be submitted or a representative may come and control the distributor on the spot). Chapter 9: obligations of the supplier of goods (warranty service, etc.). Chapter 10: the duration of the contract. Chapter 11: signatures, seals, addresses.

Commission agreement.

Chapter 1: indicates what goods, their quantity, quality. Chapter 2: the territory is negotiated Chapter 3: ownership of this product (the product is the property of the supplier of this product until the receipt of money).

Chapter 4: terms of delivery of goods and their cost. Chapter 5: conditions for receiving remuneration by a commission agent, its amount and how it is paid. Chapter 6: obligations of the committent and obligations of the commission agent (ensuring advertising, safety of goods, insurance, periodic reporting). Chapter 7: the procedure for the return of unsold goods. Chapter 8: dispute resolution procedure.

Chapter 9: signatures, seal, address.

Agency contract.

Chapter 1: determination of the parties. They indicate who is the principal and who is the agent. Indicate his coordinates, if this is a private person, then indicate his passport data. Chapter 2: powers of agents. Whether the agent has the right to enter into contracts on behalf of the principal. Chapter 3: definition of goods (for which goods the agent represents the principal). Chapter 4: definition of the territory. Chapter 5: The right to sell. Chapter 6: the term of the agreement and the procedure for terminating it. The agreement may be concluded for a specified period. Chapter 7: the amount and procedure for receiving remuneration by the agent and when the right to remuneration arises (percentage of the transaction or a specific amount). Chapter 8: agent's obligations (minimum work period clause, non-competition clause, advertising campaign clause, non-disclosure clause). Chapter 9: duties of the principal (report on the results of transactions, inform the agent about new products, provide the agent with promotional materials, when the price or delivery conditions change, the principal must notify in advance, in a timely manner and pay remuneration to the agent in the form of a percentage or a specific amount).

Chapter 10: addresses and coordinates, signatures, seals, dispute resolution procedure.

So let's look at the table. The mediator works:

Intermediary/ operation type	Resale operations	Commission/Consignment Operations	Agency Operations
Merchant / Distributor	On my own behalf and at my own expense
Commissioner/ Consignee		On my own behalf and not at my own expense
Trading agent			Not on my own behalf and not at my own expense

13. Types of customs regimes for goods and vehicles.

All goods imported and exported on the territory of the Russian Federation are placed under a certain customs regime. A person has the right to choose any customs regime or change it to another. For the purpose of customs regulation, the following regimes for goods and vehicles are established.

1. Main customs regimes: Release for internal consumption, Export, International customs transit.

2. Economic customs regimes: processing in the customs territory, processing for internal consumption, processing outside the customs territory, temporary importation, customs warehouse, free zone (free warehouse).

3. Final customs regimes: re-import, re-export, destruction, refusal in favor of the state.

4. Special customs regimes: temporary importation, duty-free trade, movement of supplies, other special regimes.

A person has the right to choose any customs regime, or change it to another, regardless of the nature of the goods, their quantity, the country of origin, etc.

Main customs regimes:

- Release for domestic consumption is the customs regime,

in which goods imported into the customs territory remain in this territory without obligation to export them from the customs territory. The release of goods for free circulation provides for the payment of all customs duties, taxes and other customs payments.

- Export of goods is a customs regime under which goods

are exported outside the customs territory without obligation to re-import them. Export is subject to payment of export customs duties and taxes.

- International customs transit- this is a customs regime in which goods are moved under customs control between two customs authorities of the Russian Federation, including through the territory of foreign states without the collection of customs duties and taxes. During transit, the goods must be in an unchanged condition, except for changes in natural wear and tear or loss under normal conditions of transportation and storage and not be used for any other purpose than transit, and also delivered to the customs authorities of destination within the specified time limits, based on the capacity of the vehicle , the intended route and other conditions of transportation. The deadline for delivery is determined at the rate of 2000 km per 1 month. There is another concept: inside customs transit (WTT). When crossing the customs border of the Russian Federation, a special simplified declaration is issued in 2 copies. The first copy is issued to the carrier. It determines the place and time of delivery of the goods, while the route is not regulated. The second copy is sent by the customs through its channels to the customs point where the transport with the cargo should arrive for the customs clearance procedure. The carrier is responsible for the transit of goods. In the event of an accident or force majeure, the goods may be unloaded, and the carrier must:

Take all necessary measures to ensure the safety of the goods and prevent any use of them;

Report immediately to the nearest customs office or delivery

officials to the location of the goods.

The customs authorities do not reimburse the carrier for costs incurred

in connection with the above measures. In case of non-arrival of the cargo within the time specified by the WTT at the agreed place, the customs authorities begin an investigation and search for the carrier and cargo, and also apply sanctions against the carrier provided for by law, up to criminal prosecution for smuggling.

Economic customs regimes:

- processing in the customs territory - customs regime,

in which the imported goods are used in the customs territory of the Russian Federation within the established period (processing period) for the purposes of carrying out operations for the processing of goods with full exemption from customs duties, provided that the products of processing are exported from the customs territory of the Russian Federation within a certain period. To place goods under this regime, you must obtain permission from the customs authority. Customs authorities should be able to identify imported goods in processed products, except in special cases (for example: import and use of catalysts in the technological process for obtaining alloys with new properties). The term for the processing of goods is determined by the technological process of processing and is agreed with the customs authority.

- Processing for domestic consumption - similar mode

the previous one with the only difference that the processed goods are not exported from the customs territory of the Russian Federation, but, on the contrary, after processing the goods, all customs payments are paid and the goods are released for domestic consumption in the customs territory of the Russian Federation.

- Processing outside the customs territory - customs regime,

in which goods are exported from the customs territory of the Russian Federation for the purpose of processing goods within a certain period of time with the subsequent import of processed products with full or partial exemption from customs duties and taxes.

To place goods under this customs regime, you must obtain permission from the customs authority.

- Temporary importation is a customs regime under which foreign

goods are used in the customs territory of the Russian Federation without the collection of duties and taxes. In this case, the person undertakes the obligation to export these goods on time in an unchanged form, except for changes in natural wear and tear or loss. There is a list of goods prohibited for export or import. Temporary import-export is allowed for up to 2 years, after the expiration of this period, goods must be registered under a different customs regime.

- Bonded warehouse- this is such a customs regime in which imported goods are under customs control without the collection of customs duties and taxes during the period of storage of goods. Goods may be placed under the customs warehouse regime, with the exception of goods prohibited for import (export) into the Russian Federation. Goods that may cause harm to other goods or require special storage conditions must be placed in specially adapted premises. Goods can be in the customs warehouse regime for 3 years. After the expiration of the established period, the goods must be placed under another customs regime. The following operations can be carried out with goods placed under the customs warehouse regime:

a) ensuring the safety of these goods,

b) preparation of goods for sale and transportation (splitting of lots, formation of shipments, sorting, packing, repacking, marking, loading, unloading, etc.)

Customs warehouses are open and closed. A closed customs warehouse is used by a certain group of persons. Any individuals and legal entities can store goods in an open-type customs warehouse. These warehouses are established, as a rule, with the participation of the customs authority. To organize a customs warehouse, it is necessary to obtain a license from the customs authority. The owner of a customs warehouse is obliged to ensure the proper storage and accounting of goods and exclude the withdrawal of goods from the warehouse without the permission of the customs authority.

Final customs regimes:

- Reimport- this is such a customs regime in which goods, previously

exported from the customs territory of the Russian Federation, in accordance with the customs regime of export, are imported back within the established time frame without the collection of customs duties. To place goods under the customs regime of re-import, it is necessary that the goods be imported into the territory of the Russian Federation within 10 years from the date of export. Necessary condition is also the invariance of their condition when they are exported, except for changes in natural wear and tear under normal operating and transportation conditions.

- Re-export- the customs regime under which foreign goods

are exported from the customs territory of the Russian Federation without charge or with a return

customs duties.

- Destruction of goods- the customs regime under which

foreign goods are destroyed under customs control without the collection of duties and taxes. Destruction means bringing goods into a state unsuitable for their further use. Destruction of goods with the permission of the customs authority of the Russian Federation and it cannot be provided if the destruction can lead to significant harm environment. Destruction of goods is carried out by the person concerned at his own expense and should not incur expenses from the state. For example, the import of goods is prohibited, but the export is impossible (narcotic substances, expired, etc.). The following goods cannot be placed under this regime: goods of cultural value, species of animals and plants under threat of destruction, and a number of others.

- Rejection in favor of the state- this is such a customs regime, with

in which a person refuses the goods in favor of the state, and duties and taxes are not levied from him. To place goods under this regime, you need permission from the State Television and Radio Broadcasting Company of the Russian Federation. It should not incur costs for the state.

Special customs regimes:

-Temporary export- customs regime in which goods

which are in free circulation in the customs territory of the Russian Federation, can be temporarily used outside the customs territory of the Russian Federation with full conditional exemption from duties and taxes. The period of temporary export is established by the customs authority at the request of the declarant, based on the purpose and circumstances of such export.

In case of transfer of temporarily exported goods for use

to a foreign person on the basis of property rights, the person is obliged to change the customs regime of temporary export to the customs regime of export with payment of all necessary customs payments.

- Free trade- customs regime, which

foreign goods imported into the customs territory of the Russian Federation or Russian goods are sold at retail to individuals traveling outside the Russian Federation directly in duty-free shops, without levying duties, taxes and fees.

Duty Free Shop placed in a special

places designated for this. International airports, seaports open for international relations and other places are defined as such specially designated places. Duty-free shops can sell goods that are allowed to be imported into and exported from the territory of the Russian Federation. To organize a duty-free shop, its owner must obtain a license from the State Customs Committee of the Russian Federation. For the issuance of a license, the customs committee charges certain fees. The duty free shop is a customs control area.

Moving supplies- customs regime under which goods intended for use on sea (river) vessels, aircraft and trains used for paid international transportation of passengers or free and commercial transportation of goods intended for sale to crews or passengers of ships,

free of duties, taxes and fees. Supplies necessary for the operation of ships (fuel, water, gas, coal) fall under the customs regime for the movement of supplies. It is not allowed to place spare parts and equipment to ensure the functioning of ships under the customs regime of supplies. The condition for exemption from payment of duties, taxes and fees is the presence of these supplies on board ships during their stay in the customs territory of the Russian Federation. The amount of stored supplies must not exceed the amount needed to sell to the passengers and crew on board, or the needs of the ship.

Special customs procedures.

1. The movement of vehicles across the customs border of the Russian Federation is carried out in accordance with the customs regimes of temporary import and temporary export without paying customs duties.

2. Movement of goods individuals for personal and other non-business needs is carried out without the collection of duties, taxes and fees.

3. The movement of goods intended for commercial activities by individuals is carried out without the collection of duties, taxes and fees, if the amount of imported goods does not exceed 65 thousand rubles and at a single rate of customs duty if this amount is exceeded.

4. Movement of goods in international mail.

This refers to the movement of goods by diplomatic, consular and other official representations of foreign states.

6. Movement of goods by pipelines and power lines.

14. Customs payments.

When moving goods and vehicles across the customs border, the following customs payments and their types are established:

1. Import customs duty paid in accordance with the law of the Russian Federation on the customs tariff. The amount of the duty is taken from the FEACN of the CIS - the classifier of all goods participating in FEA. The document is constantly updated, as the duty is increased for certain goods, and reduced for others, depending on the foreign economic policy pursued by the state. These changes are adopted by the relevant legislative body and are brought to the attention of foreign economic activity participants in advance.

2. Export customs duty .

3. value added tax. Payments are paid in accordance with the law of the Russian Federation on value added tax. It is paid when importing goods, when exporting it is not. This tax is not a customs payment, it refers to taxes that are entrusted to the customs authority for collection. The money is credited to the account of the regional tax authority.

3. excises accrued in accordance with the law of the Russian Federation on excises

and is charged only when goods are imported into the customs territory of the Russian Federation. The accrued money does not go to the account of the customs authority.

4. Customs duties(For example: for the issuance of licenses by the customs authorities and for the renewal of the license. The license must be taken when organizing a warehouse, processing outside the customs territory, etc. for issuing a qualification certificate for a customs clearance specialist and for renewing the certificate, customs fees for customs clearance. This is a payment for the fact that customs examines your documents. The payment is 0.15% of the value of the goods. This fee is always charged, even if the goods are not subject to excise, value added tax, customs fees for storage of goods, fees for customs escort of goods, payment for information and consultation.)

2. Special, anti-dumping and countervailing duties ,

established in accordance with the legislation of the Russian Federation on measures to protect the economic interests of the Russian Federation.

Customs duties and other fees and taxes are not paid if the total customs value of goods imported into the customs territory of the Russian Federation during the week and addressed to one recipient does not exceed 5,000 rubles.

Customs bodies give to the budget from 1/4 to 1/3 of all revenues. Customs payments are paid by the person moving the goods. Any interested person can pay a customs fee. Customs payments are paid before the acceptance of the declaration, or simultaneously. Payment is made to the customs account. We calculate the amount of customs payments ourselves, or a customs broker. In exceptional cases, a delay in the payment of customs payments may be granted, but should not exceed 2 months. During the grace period, interest is charged at the refinancing rate. Customs payments can be paid both in ruble equivalent and in foreign currency. Foreign currency is recalculated at the exchange rate of the Central Bank of the Russian Federation. Unpaid customs payments are collected by the customs authority in an unconditional manner with the help of courts, and penalties are collected for each day of delay in payment of customs payments. The amount of overpaid payments is subject to return at the request of the person within 1 year. When returning customs payments, interest on them is not paid. And, as a rule, customs does not pay with money, but credits it to your account against future payments.

15. Customs clearance.

Customs clearance is carried out in certain places in the region of activity of the customs authority in which the sender or recipient of the goods or its structural subdivision is located. Registration takes place during the work of the customs authority, but the customs code of the Russian Federation provides, at the request of a participant in foreign economic activity, outside the location of the customs authority and outside the working hours of the customs authority, but for a double rate. Customs clearance is carried out in Russian. No one has the right to use and dispose of goods in respect of which registration has not been completed. For customs purposes, customs authorities have the right to take samples and specimens of goods and conduct an examination. These samples and samples are taken in the minimum required quantity. When taking samples, an appropriate act is drawn up. The costs and losses arising from the taking of these samples shall be borne by the person moving the goods.

16. Customs broker.

Goods can be declared in two ways:

With the help of your customs clearance specialist. In this case, the declaration comes from the person moving the goods at his financial risks and behind his signature and seal. The power of attorney of the enterprise is issued for a specific specialist.

Declaration with the help of a customs broker (intermediary), which is carried out on behalf of the customs broker, with his signature and seal and at his risk.

To be a broker, you need to obtain an appropriate license for the right to engage in brokerage activities. It is issued under the following conditions:

a) it is necessary to have a customs clearance specialist on staff who has received a qualification certificate;

b) it is necessary to conclude an insurance contract for its activities;

c) have material and technical equipment sufficient to carry out activities as a customs broker.

17. Customs carrier.

A customs carrier may be an enterprise established in accordance with the legislation of the Russian Federation, which has the rights of a legal entity and has received a license from the State Customs Committee of the Russian Federation to operate as a customs carrier. To obtain a license, you must:

Have a vehicle whose equipment meets the requirements of the State Customs Committee of the Russian Federation. For example, it must ensure the safety of goods;

Conclude an insurance contract for your activities. Insurance cannot be less than a thousand times the size of the ILO.

The declaration is submitted no later than 15 days from the date of receipt of goods at the temporary storage warehouse of the customs authority of the Russian Federation. When declaring goods, the declarant must:

1. to declare goods and vehicles in accordance with the procedure provided for by this code;

2. at the request of the customs authority, present the goods that are being declared;

3. submit to the customs authority the necessary additional documents and information necessary for customs clearance;

4. pay customs duties;

5. assist customs authorities in customs clearance, loading and unloading.

22. International commercial negotiations.

Each firm seeks to enter the world market with its products.

But in order for the products to enter the world market, it is necessary to carry out technological and technical preparation of the goods. The product must comply with international standards. ISO-9000, ISO-9001 - standard for the quality system in force at the enterprise. This suggests that the products are comparable to foreign goods. There is also a Russian analogue of these standards.

The cost of goods on the international market will be more expensive, since the export price includes all the costs of preparing the goods for export, plus customs payments, etc. It is necessary to find a potential buyer for negotiations. You can negotiate on the side of the buyer, on the side of the seller or on the neutral side. We need to prepare for negotiations. It is necessary to analyze the market, note the advantages of your product in relation to its analogues. It is necessary to determine the composition of the delegation, to distribute tasks among the members of the delegation. It is necessary to find a room for negotiations, and it should not be noisy, there should be all the amenities for a long stay, means of communication, etc. Knowing how many people will be in the visiting delegation, it is necessary to book rooms in a hotel, meet them, and draw up a cultural program. The costs are covered by the host country, but very often the visiting delegation pays for itself. It is necessary to foresee how the translation will be carried out. It is necessary to provide that the interpreter is a specialist in the field in which the negotiations are taking place. Negotiations are conducted by one person (director, general director, etc.). The composition of the delegation of the host country is determined depending on the level of visitors. If you need to clarify any data, you can involve a specialist in the group of negotiators. In any company there are key figures (key person) - these are people whose opinion has great importance. This is a person who can influence the conclusion of the contract.

Both parties have problems of minimum and maximum. It is necessary to start the contract with the tasks of the maximum. In the process of negotiations, you can make concessions, but not go beyond the minimum tasks.

Before negotiating, you need to know why this particular company invited you to negotiate. Knowing why you can build negotiations. You need to know what goals the other side is pursuing.

During the negotiation process, it is necessary to find out all the points that are indicated in the contract.

At the end of the negotiations, the parties give souvenirs. It would be better if the souvenir is associated with the national traditions of the countries of the delegations.

23. Methods of state regulation of foreign economic activity.

Methods of state regulation are divided into:

1. Tariff regulation,

2. Non-tariff regulation.

Tariff regulation refers to economic methods of regulation, and non-tariff regulation refers to administrative methods.

The main tariff method for regulating foreign economic activity is the customs tariff (duty). The amount of the duty is indicated in a document called the CIS FEACN and can be determined in two ways:

a) in the form of a certain value per unit volume of goods (in euros),

b) as a percentage of the customs value of the goods.

In order to regulate foreign economic activity, the following non-tariff methods are used:

a) licensing.

For the export and import of certain types of goods, you need to obtain a license, and you have to pay for the license.

b) quoting.

Quota - the final value of the export or import of any product, which cannot be exceeded. Let's see how this method works with an example:

In order to protect national interests in the implementation of foreign economic activity in relation to weapons, military equipment and dual-use goods, as well as in order to comply with the international obligations of the Russian Federation on the non-proliferation of weapons of mass destruction, an export control system is in place. The range of goods subject to export control is determined by presidential decree. This includes weapons, military equipment, certain types of raw materials, equipment, technologies, scientific and technical information and services that can be used to create weapons of mass destruction and their delivery vehicles. Lists of goods subject to export control are published no later than 3 months before they come into force. These lists are constantly changing.

Dual-use goods are goods that can be used in both civilian and military areas.

If suddenly any product is imported in very large quantities or under such conditions that it causes significant damage to domestic producers or there is a threat of such damage, then the government of the Russian Federation, in accordance with generally accepted norms of international law, can take protective measures to such an extent and for such period as may be necessary to remedy any damage or threat of damage. For example, an increase in duties, a ban on the import of goods.

The following types of goods are subject to the prohibition of export or import, based on national interests:

 goods that affect public morality and law and order,

 goods affecting the protection of life and health of people,

 goods that do not allow to preserve the cultural heritage of the peoples inhabiting the Russian Federation,

 goods in order to prevent the exhaustion of irreplaceable natural resources,

 goods affecting national security,

 goods that affect financial security,

 Goods, the import/export of which interferes with the fulfillment of international obligations.

Federal laws containing a list of these goods shall enter into force not earlier than 30 days from the date of their publication. All goods imported into the territory of the Russian Federation must comply with technical, pharmacological, sanitary, veterinary, phytosanitary and environmental requirements and standards in force on the territory of the Russian Federation, that is, all goods must be certified.

24. Certificate of Conformity .

Certificate of Conformity - a document issued by the relevant certification body that meets certain parameters and can be used.

If the product does not pass certification, then it must be exported from the territory of the Russian Federation. It is forbidden to import goods that do not have a certificate, have defects that are fraught with consequences, the expiration date has expired, etc. Then this product falls under the mode of destruction.

The participation of the Russian Federation in international sanctions against one or more states, as well as the procedure for their implementation, is determined by presidential decree. Persons who have suffered damage as a result of these sanctions may apply for compensation for this damage from the state budget.

25. Country of origin certificate

Certificate of the country of origin - a document stating that this product was mined, grown, manufactured, or was released for free consumption in the country whose certificate it receives.

The Chamber of Commerce and Industry can conduct an examination of the country of origin of goods and issue a Certificate of the country of origin for goods of the Russian Federation.

The regulation admits that if there is a presence of components of more than 50-60% of domestic production and domestic technologies and assembly, then the goods are considered to be originating from the Russian Federation.

Since countries with different economies apply different customs policies, all countries are divided into several lists with different customs duty rates.

1. If the country of origin belongs to the least developed countries, there is a certificate of origin, and the trading country and the country of departure are the same, then no import duty will be charged.

2. If the country of origin belongs to developing countries, there is a certificate of origin, as well as the trading country and the country of departure are the same, then the import duty is 2 times less than the base one.

3. If the country of origin belongs to the most favored countries in trade, there is a certificate of origin, and the trading country and the country of departure are the same, then the import duty is equal to the base one.

4. If the country of origin belongs to the CIS countries, there is a certificate of origin, as well as the trading country and the country of departure are the same, then no import duty is charged.

If a country does not fall into any of these categories, then the import duty is doubled.

Periodically, the State Customs Committee and the Cabinet of Ministers revise these lists by transferring countries from one to another, depending on economic situation these countries or based on political considerations.

SUMMARY OF LECTURES ON THE FOUNDATIONS OF FOREIGN ECONOMIC ACTIVITIES

G.L. Ghukasyan

TOPIC 1. Types of foreign economic activity and their characteristics

Importance of foreign economic activity

International trade allows states to exchange those goods that they have in abundance (cheaper) for those that they need. Currently, the exchange takes place in such main areas as: international trade in goods and services, production cooperation, exchange in the field of science and technology, the movement of capital and foreign investment, labor migration, monetary and credit relations. By improving the directions of its RE policy, Russia can effectively use these directions in its interests.

The essence and concept of foreign economic activity of the enterprise.

It is necessary to distinguish between the concepts of "foreign economic relations" and "foreign economic activity".

Foreign economic activity of enterprises is a sphere of economic activity associated with international industrial and scientific and technical cooperation, export and import of products, entry of an enterprise into a foreign market. Foreign economic activity, unlike foreign economic relations, is carried out at the level production structures(firms, organizations, enterprises) with full independence in choosing the range of goods for an export-import transaction, in determining the price and cost, volume and delivery time.

So foreign economic activity can be represented as a set of certain foreign economic functions of a business entity: production and economic, organizational and economic, commercial.

From an organizational point of view, barter transactions are countertrade, in which the supply of goods, services, technologies, and other commodity values ​​in one direction is linked to the supply in the opposite direction. But besides the linkage between deliveries in two directions, all types of counter transactions have one feature that distinguishes them from other types of foreign trade transactions: they either completely exclude or limit cash settlements.

The significant share of counter transactions in the total volume of international trade has necessitated the development of documents at the international level summarizing the existing world experience in their implementation, both in terms of legal aspects and in terms of their features compared to traditional forms of international trade. Such documents were prepared by the United Nations Economic Commission for Europe: Guidelines for the drafting of international countertrade agreements (1990), on buy-back purchases (1990). In addition, the United Nations Commission on International Trade Law (UNCITRAL) prepared and adopted in 1992. Legal guide to international countertrade transactions.

There are various forms of countertrade. Taking into account the peculiarities of each transaction in countertrade, it can be divided into several types:

counter purchases;

compensatory;

Barter, i.e., performed on the basis of barter.

Counterpurchase means a transaction in which the parties, concluding a contract for the supply of goods in one direction, simultaneously sign an agreement on concluding a contract for counterpurchase. At the same time, the delivered goods are not interconnected: the buyer can offer any goods he has as a counter goods.

The counterpurchase is executed in two separate contracts:

The first one is for export, where, in addition to the usual terms of the export contract, the seller's obligation is to purchase from the buyer or in the buyer's country the counter goods for a certain share of the proceeds (usually as a percentage of the amount of the export contract), if such an obligation is not included in a separate agreement; the second - for the import of counter goods.

As an option, the primary contract may provide for the seller's obligation to ensure the purchase of goods offered by the buyer by a third party and agree on the terms of the counter-purchase (it must be provided by the seller). Usually, if the seller fails to fulfill its obligations under the counterpurchase or to ensure such a purchase by a third party, a fine is provided in the amount of 20-50% of the amount of unfulfilled obligations.

If, according to the primary contract, the seller of an export product must first purchase the goods from his buyer, and then deliver his goods, then such transactions, which are also drawn up by two contracts, are called advance purchases in the framework of countertrade.

In commercial practice foreign countries transactions involving the sale of equipment, complete enterprises with subsequent payment in counter deliveries of products manufactured on them, as well as the provision of licenses, technologies with subsequent payment in products obtained using them, are allocated to a separate group and are called compensation transactions. A compensatory transaction concluded in this form is a modification of barter, that is, an exchange in natural-material form. Common to these types of transactions is the lack of use of the mechanism of currency and financial settlements. The difference is that offset transactions are carried out within the framework of long-term industrial cooperation, when the goods supplied by the first party are used in the production of a counter goods, which is associated with the provision of a commercial loan. Legal registration of compensation transactions is carried out in the form of a general agreement, which defines the goals of the transaction and ways of its implementation, as well as specific agreements concluded under the general agreement on lending, supply of equipment and counter products in repayment of the granted loan.

It becomes more difficult to control the quality of the goods according to the terms of the contract: if in a normal commercial transaction it is possible to refuse to accept the supplier's account due to non-compliance with the condition of the quality of the goods, then in a barter transaction such a refusal is impossible, because it means the loss of a partner in the transaction.

Thus, different forms of countertrade have their own characteristics, certain advantages and disadvantages. Common to all forms is that. that any of them provides for two legally independent and at the same time actually interconnected purchase and sale transactions. The possibility of using this or that form of countertrade by Russian participants in foreign economic activity depends on whether it complies with the currency legislation of the Russian Federation.

TOPIC 2. Participants in foreign economic activity as subjects of state regulation, the legal status of participants in foreign economic activity

position in the world market.

In the 60s, there was a surge in foreign economic activity, the CIS countries accounted for 50% of world trade.

In 75, the USSR dominated 38 economic markets.

Over the past 10 years, our position has been declining as we have lost market dominance: in the 90's, we were leading in 5 markets.

Currently, Russia relies on the export of raw materials (oil and gas 45%, timber, diamonds, ferrous and non-ferrous metals 15%), because. it is not profitable to produce HP - there is strong competition from foreign firms, whose products do not always meet high quality.

Thus, Russia occupies a position in the world market that is inadequate to its economic capabilities and political significance. The main share of imports is occupied by engineering products and foodstuffs.

Russia is a member of such international organizations regulating international trade relations as:

1. Economic and Social Council at the United Nations.

2. System of UN development programs (economic growth and development, World Food Programme, etc.).

3. Commission on International Trade Law.

4. Vienna Convention on Contracts for the Sale of Goods.

6. International Chamber of Commerce.

The totality of modern participants in foreign economic activity can be classified according to a number of principles: the profile of foreign economic activity; the nature of the foreign trade operations carried out; organizational and legal forms that determine the order of their formation, the ownership of capital and the procedure for distributing income. The development of foreign economic activity is accompanied by a change in the appearance of its subject. Let's consider the main types of modern subjects of foreign economic activity.

For the implementation of foreign economic relations, the following is required:

1) state registration of the enterprise at the location of the enterprise (approval of constituent documents: charter and contract, as well as obtaining a certificate of state registration);

2) register with the tax office at the place of registration;

3) receive a seal, a stamp in accordance with the established procedure;

4) register in the state register.

Determining the economic feasibility of the planned commercial transaction also implies compliance with the following basic provisions:

The export-import operation is based on the principle of full self-sufficiency (including foreign exchange), self-financing, i.e. the basic principles of full cost accounting;

The volume of the proposed transaction is established based on the resources at the disposal of the enterprise: material, currency, intellectual;

A commercial transaction must be preceded by thorough marketing, a feasibility study, and numerous options for possible commercial transactions must be calculated and considered;

The organization of a commercial transaction must be carried out in compliance with regulatory legal acts (international laws, decrees, resolutions of the relevant authorities; bilateral state agreements).

A newly created enterprise should not start its activities with foreign economic relations with foreign partners, it is necessary to accumulate certain experience while working in the domestic market.

The main forms include:

Consortiums are a form of association of enterprises with a production and foreign economic profile of activity. Their share in the total number of participants in foreign economic activity is no more than 0.5%. Consortiums are being created for the implementation of large-scale projects (for example, the construction of facilities abroad). The participants of the consortium are manufacturers and suppliers of export products, design and financial organizations. The action of the consortium can be one-time (during the construction of a specific facility) and long-term (if it is necessary to implement any foreign economic program).

Foreign economic organizations (VO) of the MINFER serve state-level wind farms on the terms of intergovernmental agreements, including exports under licenses from the Ministry of Foreign Economic Relations (MFER), special (critical) imports under separate government decisions.

Sectoral foreign economic associations (VEO) are designed to promote the development of foreign economic activity of enterprises and associations of the industry.

Mixed companies are created abroad with the participation of large Russian exporters and foreign partners. The purpose of creating mixed societies is to promote the expansion of domestic exports. Through mixed companies, they receive more complete information about the sales market, the degree of competitiveness of products.

Trading houses are associations of various kinds of foreign trade, manufacturing, transport, storage, research, banking and insurance organizations that are part of them on a voluntary basis and operate both in their own country and abroad. Trading companies are close to trading houses, but with less universalization (sales of their own national products). The main functions of trading companies are the choice of "a market for a product and a product for the market", providing a loan to the buyer, transportation, paperwork.

The main tasks of associations for foreign economic cooperation are:

1) providing practical assistance to participants in foreign economic activity in matters of a comprehensive study of world markets, legal support of foreign trade transactions, assistance in the preparation of foreign trade contracts and the search for partners;

2) holding seminars, conferences;

3) publication of reference books, collections.

Example. "Interelectro" is an association for cooperation in the field of electronics. Created with the participation of Germany, Italy, Great Britain. "WEST" - Eastern European cooperation and trade (established in 1991): among the founders of 700 organizations and firms in Hungary, Poland, the Czech Republic, Russia, the CIS countries.

A significant part of the world trade turnover is carried out through intermediary trading agents. The agent is obliged to comply with the agency agreement.

Simple intermediaries, or "brokers", enter into purchase and sale transactions on behalf of and at the expense of the principal. They are not a party to the contract, but perform the function of searching for goods and partners in the transaction, receiving for this a special brokerage reward - courtship (0.25 - 3% of the transaction value). A brokerage deal, as a rule, is paid by the one who first contacted the broker.

The commission agent, on the one hand, expresses the interests of the principal, on the other hand, acts as a seller from own name but at the expense of the principal. The parties to the commission agreement are the committent and the commission agent. The commission agent is instructed to sell the goods for a certain commission in the territory of a particular country or group of countries; at the same time, a minimum price is stipulated, below which the commission agent does not have the right to sell the goods.

The auctioneer acts as an agent who has permission to auction trade, ensures the sale of goods to the auction participant who offered the highest price for it.

Distributors (sales intermediaries) enter into sales contracts with sellers and buyers on their own behalf and at their own expense as ordinary merchants engaged in the resale of goods.

The freight forwarder is engaged in the provision of services for the dispatch of goods, taking it from the sender and transferring it to the main carrier. He has special knowledge about the peculiarities of transportation and dispatch of goods, their various specifics (for example, a liquid cryogenic product).

Traveling salesmen are intermediaries in the sale of the exporter's goods abroad.

Heckscher-Ohlin theory

The new model was created by the Swedish economists Eli Heckscher and Bertel Ohlin. Up until the 60s. the Heckscher-Ohlin model dominated the economic literature.

The essence of the neoclassical approach to international trade and the specialization of individual countries is as follows: For reasons of historical and geographical nature, the distribution of material and human resources between countries is uneven, which, according to neoclassicists, explains the differences in relative prices for goods, on which, in turn, depend national comparative advantage. From this follows the law of proportionality of factors: in an open economy, each country tends to specialize in the production of goods that require more factors with which the country is relatively better endowed. Ohlin put this law even more succinctly: "International exchange is the exchange of abundant factors for rare ones: a country exports goods whose production requires more abundant factors."

In accordance with the Heckscher-Ohlin theory, countries will export those goods, the production of which requires significant costs of relatively surplus factors, and import goods, in the production of which relatively scarce factors would have to be intensively used. Thus, in a latent form, excess factors are exported and scarce ones are imported. The intensive use of a factor, for example, labor, in the production of a product means that the share of labor costs in its value is higher than in the cost of other goods (usually such a product is called labor-intensive).

The relative endowment of a country with factors of production is defined as follows: if the ratio between the amount of this factor and other factors in the country is higher than in the rest of the world, then this factor is considered relatively excessive for this country, and vice versa, if the specified ratio is lower than in other countries, the factor is considered deficient.

Practice partly confirms the conclusions of the Heckscher-Ohlin theory. But in recent decades, the structure of the provision of developed countries (especially European) with the necessary production resources has been relatively leveled off, which should have been. According to the Heckscher-Ohlin theory, reduce their incentives to trade with each other. However, this does not happen. On the contrary, the center of gravity in international trade is shifting precisely to trade between industrialized countries, that is, countries with approximately the same supply of factors of production. Moreover, the proportion of mutual deliveries of similar industrial goods is growing in world trade. This does not fit into the Heckscher-Ohlin theory.

"Leontief's Paradox"

Practical searches in order to confirm or refute the Heckscher-Ohlin theory were largely facilitated by the appearance in the 50s of the so-called "Leontief paradox". V. Leontiev showed that in 1947 the United States, which was considered a capital-abundant country, exported not capital-intensive, but labor-intensive products, although, according to the Heckscher-Ohlin theory, the result should have been the opposite. Further studies, on the one hand, confirmed the existence of this paradox in the United States in the post-war period, on the other hand, they showed that capital is not the most abundant factor in the country. Above it are cultivated land and scientific and technical personnel. And here the Heckscher-Ohlin theory was confirmed: the United States turned out to be a net exporter of goods in the production of which these factors are intensively used. Let's consider this in more detail.

Leontiev, who was subsequently awarded Nobel Prize in economics, relied on the surest of the instincts in science: to always check whether theoretical conclusions correspond to reality.

This time he decided to test the conclusion of the Heckscher-Ohlin theory that countries tend to export goods in the production of which they intensively use factors that are redundant for them, and import goods in the production of which these factors are used less intensively. More precisely, he wanted to simultaneously test two assumptions: 1) the Heckscher-Ohlin theory is correct, 2) the US economy was widely considered to have more capital surplus than its trading partners.

Leontiev obtained the ratio of the value of fixed capital and the number of workers in the export and import-substituting industries of the United States in 1947. This required calculations of capital and employment not only in several dozen of the industries under consideration, but also taking into account the capital and labor that were contained in their goods as a result of the use of products of other industries. Being one of the pioneers intersectoral balance, he successfully used its capabilities to obtain the necessary estimates of the capital-labor ratio by multiplying the coefficient matrices by the vectors of capital and labor costs, the cost of exports and imports by industry. The test conditions were as follows: if the conclusions of the Heckscher-Ohlin theory are correct, and capital in the United States is relatively more abundant, then the rate of capital expenditure per worker in a standard set of goods exported from the United States should be higher than that in import-substituting products included in the standard set of goods imported into the United States.

The paradoxical results obtained by Leontiev puzzled not only himself, but also other economists: it turned out that in 1947 the United States was selling labor-intensive goods to other countries in exchange for relatively capital-intensive ones! The key parameter was only 0.77, whereas, according to the Heckscher-Ohlin theory, it should have been much higher than unity.

Leontiev himself and other economists approached this problem in different ways. The method has been repeatedly tested and found to be basically correct. There was no doubt about the excess of capital in the US compared to other countries. Theoretically, the paradox could be explained by the fact that the share of capital-intensive products in the structure of US demand was even higher than in production, which turned the country into a net importer of capital-intensive goods; however, this explanation was not suitable, since it did not correspond to reality. Other economists have tried to look for the cause in trade barriers or in the so-called “factor intensity reversibility” (when industry A is more capital-intensive than industry B under one ratio of factor prices, and less capital-intensive under another), but even this contributed little to the solution. Problems.

The most fruitful was the decision to introduce other factors of production into the model. Perhaps, many economists (and Leontiev among them) argued, one should take into account the fact that there are different types of labor, natural resources, capital, and so on. Numerous studies in this direction have led to two main results: 1) confirmed the existence of a "paradox" throughout most of the post-war period; 2) significantly improved our understanding of the availability of factors and the intensity of their use. The first refuted the Heckscher-Ohlin theory, the second supported it.

Despite differences in calculation techniques, all studies have largely confirmed the existence of the Leontief paradox in the United States between World War II and the early 1970s.

At the same time, in an attempt to unravel the Leontief paradox, scientists began to introduce into the model other factors of production, in addition to capital and labor. New calculations of "factor-intensity" have enriched, as already mentioned, our ideas about

who wins and who loses as a result of foreign trade. In a sense, this by-product of the Leontief Paradox controversy compensated for the damage it had done to the Heckscher-Ohlin theory. Of course, the US had some capital surplus and somehow exported less services of this factor than it imported. But research, stimulated by Leontief's work, has shown that capital is by no means the most abundant factor of production in the United States. The first place here belongs to cultivated land and scientific and technical personnel. Indeed, the United States is a net exporter of goods that make intensive use of these factors, in full accordance with the Heckscher-Ohlin theory. Thus, despite some damage done to the Heckscher-Ohlin theory by the Leontief paradox, it was eventually enriched by new results obtained in the course of the study of this riddle.

Thus, the result of the discussion around the "Leontief's paradox" was the tendency to decompose the factors of production and take into account each of the subspecies when explaining the directions of export and import flows. As separate factors capable of providing relative advantages to industries or firms, they began to single out, for example, labor of various qualifications, the quality of managerial personnel, various categories of scientific personnel, various types of capital, etc.

On the other hand, attempts to find a replacement for the Heckscher-Ohlin theory continue. Such, for example, is the theory according to which the countries that specialize in industries receive benefits from foreign trade. Which are characterized by economies of scale (or lower costs per unit of output when increasing production volume). But it is known from microeconomics that in industries with efficient mass production there is usually no free competition, which means that production will be in the hands of large monopolies.

Neotechnological theories

The Heckscher-Ohlin theory explained the development of foreign trade by the different endowments of countries with factors of production, however, in recent decades, trade between countries where the difference in the endowment of factors is small there is a contradiction - the causes of trade have disappeared, and trade has increased. This is explained by the fact that the Heckscher-Ohlin theory developed in those years when inter-industry trade was predominant. Back in the early 1950s, the exchange of raw materials from developing countries for manufactured goods from developed countries was most characteristic. By the beginning of the 80s, already 2/3 of exports, for example, from Great Britain accounted for Western Europe and North America. In the foreign trade of industrialized countries, the mutual exchange of manufactured products has become predominant. Moreover, these countries simultaneously sell and buy not just manufactured products, but goods of the same name, differing only in qualitative characteristics. A feature of the production of export goods of industrialized countries is the relatively high cost of R&D. These countries today are increasingly specialized in the production of the so-called science-intensive high-tech products.

High-tech industries include the production of medicines, electronic computers and equipment, radio-electronic components, laboratory equipment, aviation and rocket and space industries.

The development of knowledge-intensive industries and the rapid growth of the international exchange of their products led to the formation of neo-technological theories. This direction is a collection of individual models that partially complement each other, but sometimes contradict each other.

TOPIC 5. The institution of a transaction in foreign economic activity. Conclusion and form of a contract of sale in foreign economic activity. Details of the contract and problems of applicable law