国际贸易实务_双语教案_附术语中英文对译

国际贸易实务教案Chapter 1 Brief Introduction to International Trade国际贸易简介1.1 Reasons for international trade1.1.1Resources Reasons(1) Natural resources.(2) Favorable climate conditions and terrain.(3) Skilled workers and capital resources.(4) Favorable geographic location and transportation costs.1.1.2Economic Reasons(1) parative advantage(2) Strong domestic demand(3) Innovation or style1.1.3Political Reasons1.2 Problems Concerning International Trade1.2.1Cultural Problems(1) Language.(2) Customs and manners.1.2.2Monetary Conversions1.2.3Trade BarriersIndividual countries put controls on trade for the following three reasons:(1) To correct a balance-of-payments deficit.(2) For reasons of national security.(3) To protect their own industries against the petition of foreign goods.Although tariffs have been lowered substantially by international agreements, countries continue to use other devices to limit imports or to increase exports. Some of these are:(1) requiring import licenses that permit only specific volumes or values imports;(2) setting quotas that limit the total value or volume of a product to be imported;(3) limiting government purchases to firms within the country;(4) applying standards for safety, consumer protection, or other reasons, which foreign products may not be able to meet;(5) making special payments called export subsidies to encourage local exporters to increase foreign sales;(6) targeting——a new term meaning the imposition of a package of measures to give certain local industries a petitive advantage in export markets. It might include export subsidies, technical assistance, subsidies for research and development, and financial assistance;(7) requiring licenses to obtain foreign currencies by those who want to buy goods from abroad——thus limiting the quantity of imports they can buy;(8) reducing the value of a nation’s currency in relation to that of the rest of the world so that its exported goods cost less in other countries and its imports cost more;(9) imposing conditions on foreign products such as requiring that their goods contain a certain amount of locally produced products;(10) restricting trade in banking, insurance, and other service professions.练习一：导论思考题：1国际贸易实务课程的主要任务和研究对象是什么？本课程包括哪些主要内容？2与国内贸易相比进出口贸易有何特点？3国际贸易中影响较大的惯例、条约有哪些？其主要内容是什么？有何特点？4根据我国合同法规定，合同应包括哪些主要内容？5进出口贸易一般要经过哪几个步骤？在进出口业务中，出口商/进口商的主要工作是什么？Chapter 5. Trade Terms and Export PricingPart I. Outline本章要点5.1 Trade Terms and International Trade Practices贸易术语与国际贸易惯例5.2 13 Trade Terms in INCOTERMS 2000《2000通则》中的13中贸易术语5.3 Selection of Trade Terms贸易术语的选用5.4 Export Pricing出口定价5.1Trade Terms and International Trade Practices贸易术语与国际贸易惯例5.1.1 国际货物买卖适用的法律与惯例1、交易双方当事人所在国的国内法2、国家对外缔结或参加的有关国际贸易、国际运输、商标、专利、仲裁等方面的条约和协定。

3、公认的国际贸易惯例5.1.2国际贸易惯例的性质与作用1、国际贸易惯例的含义2、国际贸易惯例的形成与发展国际贸易惯例的形成应具备以下几个条件：（1）它是经过长期反复实践而形成的，内容比较明确和具有规X性，是各国人民在经济活动中多次重复的经济行为。

（2）需要经过有关国家民事方面的承认，并有国家的强制力保证它的实现，有赖于国际认可。

（3）与现行法律没有冲突，不违背公共秩序和良好风俗，不违反国家利益，一般来讲也是现行法律中所没有规定的。

3、国际贸易惯例的性质与作用5.1.3主要的国际贸易公约与惯例1、在买卖合同方面（1）1980年《联合国国际货物销售合同公约》；（2）英国《1893年货物买卖法案》。

2、在贸易术语方面（1）国际商会《2000年国际贸易术语解释通则》；（2）国际法协会《1932年华沙－牛津规则》；（3）美国全国对外贸易协会《1941年美国对外贸易定义修正本》。

3、在结算方面（1）《国际汇票与本票国际公约》；（2）国际商会《跟单信用证统一惯例》，1993年修订，国际商会500号出版物；（3）国际商会《托收统一规则》，1995年修订，国际商会522号出版物。

4、在运输方面（1）1924年《统一提单的若干法律规则的国际公约》（海牙规则）；（2）1968年《修订统一提单的若干法律规则的国际公约的议定书》（维斯比规则）；（3）1978年《联合国海上货物运输公约》（汉堡规则）；（4）1975年国际商会《联合运输单证统一规则》；（5）《国际航空运输协定》；（6）《国际铁路货物联运协定》（国际货协）；（7）《国际铁路货物运输公约》（国际货约）；（8）《联合国国际货物多式联运公约》。

5、在运输保险方面（1）英国伦敦保险协会《协会货物保险条款》；（2）国际海事委员会《1974年约克－安特卫普规则》。

6、在仲裁方面（1）1976年《联合国国际贸易法委员会仲裁规则》；（2）1958年联合国《承认和执行外国仲裁决定的公约》。

7、在专利与工业产权保护方面（1）1967年《保护工业产权巴黎公约》；（2）1967年《商标注册马德里协定》；（3）1967年《商标注册条约》；（4）1973年《成立世界知识产权组织公约》。

5.1.4有关贸易术语的国际贸易惯例1、贸易术语的含义及其产生和发展2、贸易术语的作用（1）简化交易手续，缩短洽商时间，节约费用开支。

（2）有利于交易双方进行比价和加强成本核算。

（3）有利于妥善解决贸易争端。

3、有关贸易术语的国际贸易惯例（1）《1932年华沙－牛津规则》（Warsaw-Oxford Rules 1932）（2）《1941年美国对外贸易定义修订本》（Revised American Foreign Trade Definition 1941）（3）《2000年国际贸易术语解释通则》（INCOTERMS 2000）5.213 Trade Terms in INCOTERMS 2000《2000通则》中的13种贸易术语5.3 Selection of Trade Terms贸易术语的选用1、应注意各组贸易术语的特点2、考虑运输条件3、考虑货源情况4、考虑运费因素5、考虑运输途中的风险6、考虑办理进出口货物结关手续有无困难5.4 Export Pricing出口商品价格5.4.1ponents of price terms合同中的价格条款合同中商品单价一般包括四个部分，即：计价货币；单价；计量单位；贸易术语例如：“100美元/打CIF伦敦”$ 100 per dozen CIF Londontype of currency; price per unit; measurement unit; trade terms5.4.2 Money of Account计价货币的选择5.4.3 mission and Discount佣金和折扣的运用5.4.4 Export Pricing出口定价Part II. Supplementary ReadingThe Three Popular Trade TermsTrade Practices and InterpretationsAbove all, it is deemed necessary for us to concentrate on the three popular delivery terms FOB, CFR, and CIF for practical reasons, and not worthwhile to delve into every one of the rest of the delivery terms, owing to their relatively limited application in our import and export trade.As a foreign trade worker there is every reason for you to be knowledgeable on the usual trade practices and different interpretations of these delivery terms. In the first place, you may surprisingly e across different interpretations of the delivery terms when negotiating a business contract or setting a dispute with foreign counterparts, granting that there are more similarities than dissimilarities in this respect. They are minor differences by and large. When you have a thorough grasp of this subject, you will be in a better position to drive a bargain with them and safeguard your interests against any possible snags. Secondly, the interpretation of the delivery terms and the international practice are rather conventional and, in a sense, deep rooted, having recognition by both buyers and sellers for a long time. If you can apply them dexterously to your advantage, it is conductive to the promotion of foreign trade. Thirdly, when any trade disputes arise, you may be able to invoke the appropriate trade practice to cope unswervingly with different and even intricate problems and settle the disputes. When you are sure of your approach and tactics, you can take the initiative in bargaining with business adversaries and avoid embarrassment. All this points to the necessity of acquiring correct understanding of these interpretations.FOB…Port of ShipmentA. The seller must:(1) Supply the goods in conformity with the contract of sale, together with such evidence of conformity as may be required by the contract.(2) Deliver the goods on board the vessel named by the buyer, at the named port of shipment, in the manner customary at the port, at the date or within the period stipulated, and notify the buyer, without delay, that the goods have been delivered on board.(3) At his own risk and expense obtain any export license or other governmental authorization necessary for the export of the goods.(4) Subject to the provisions of articles B.3 and B.4 below, bear all costs and risks of the goods until such time as they shall have effectively passed the ship’s rail at the named port of shipment, including any taxes, fees or charges levied because of exportation, as well as the costs of any formalities which he shall to fulfill in order to load the goods on board.(5) Provide at his own expense the customary packing of the goods, unless it is the custom of the trade to ship the goods unpacked.(6) Pay the costs of any checking operations (such as checking quality, measuring, weighing, counting) which shall be necessary for the purpose of delivering the goods.(7) Provide at his own expense the customary clean document in proof of delivery of the goods alongside the named vessel.(8) Provide the buyer, at the latter’s request and expense (see B.6), with the certificate of origin.(9) Render the buyer, at the latter’s request, risk and expense, every assistance in obtaining a bill of lading and any documents, other than that mentioned in the previous article, issued in the country of shipment and/or of origin and which the buyer may require for the importation of the goods into the country of destination (and, where necessary, for their passage in transit through another country).B. The buyer must:(1)At his own expense, charter a vessel or reserve the necessary space on board a vessel and give the seller due notice of the name, loading berth of and delivery dates to the vessel.(2) Bear all costs and risks of the goods from the time when they shall have effectively passed the ship’s rail at the named port of shipment, and pay the price as provided in the contract.(3) Bear any additional costs incurred because the vessel named by him shall have failed to arrive on the stipulated date or by the end of the period specified, or shall be unable to take the goods or shall close for cargo earlier than the stipulated date or the end of the period specified and all the risks of the goods from the date of expiration of the period stipulated, provided, however, that the goods shall have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.(4) Should he fail to name the vessel in time or, if he shall have reserved to himself a period within which to take delivery of the goods and/or the right to choose the port of shipment, should he fail to give detailed instructions in time, bear any additional costs incurred because of such failure, and all the risks of the goods from the date of expiration of the period stipulated for delivery, provided, however, that the goods shall have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.(5) Pay any costs and charges for obtaining a bill of lading if incurred under articleA.9 above.(6) Pay all costs and charges incurred in obtaining the document mentioned in articles A. 8 and A.9 above, including the costs of certificates of origin and consular documents.Variant of FOB TermsThe interpretation of FOB terms varies according to locality where the goods are loaded, in respect of incidence of loading expense. The general idea is that the seller shall bear all the expenses, responsibility and risks before his goods are loaded on board a ship. What is mean by “the goods are loaded on board a ship?” It is open to varied interpretations. This concept is construed in some countries as the goods having effectively passed the ship’s rail, and in some other countries as the goods having been placed on board of a ship, or having been put into the ship’s hold. These three stages of loading work are actually linked and enpassed in one operation. Which one of the three interpretations is adopted determines the way in which the expenses, responsibility and risks are divided between buyer and seller. It is a matter of concern to the foreign trade workers especially when they are negotiating a big business deal, say, 5,000,000m/t of wheat, coal, mineral ore and the like. The amount of loading expenses can be a staggering sum of money.It must be made clear at which point of time in the course of loading operation the risks shall pass from seller to buyer, and up to which point of time the buyer shall begin to bear the loading expenses. For instance, at some European ports, the seller shall pay all the expenses until the goods are put into the ship’s hold and stowed properly according to its usual practice (or custom) of the port; but at some other ports, the seller shall pay the loading expenses except stowing expenses. Furthermore, there is such a custom (or practice) of a certain port that the seller’s obligation is to send the goods to the wharf godown (shed) only; at some other ports, the entire loading expense is to be divided equally between buyer and seller. In view of these variants, as a foreign trade worker he ought to be careful about the application of the FOB terms and may do well to choose one of the following FOB variants to suit his need.(1) FOB Liner TermsIt means that all the loading and unloading expenses are to be borne by the party who pays the freight, ie. the charterer of the carrying vessel. Under FOB terms, the sellers shall not pay loading expenses, the charterer being the buyer.(2) FOB StowedIt denotes that the seller pays the loading expenses including stowing expenses.(3) FOB TrimmedThis term signifies that the seller pays all the loading expenses including trimming expense (which actually also including stowing expense).(4) FOB Under TackleThis term only requires the seller to send and place the goods on the wharf within the reach of the ship’s tackle.RemarksWhen dealing with customers from Canada, the United States and Latin American countries, we must use caution, inasmuch as they are used to adopting “Revised American Foreign Trade Definition 1941”, which provides for six kinds of FOB terms, only one of which is identical with FOB terms as under Incoterms 2000. For instance, if you use FOB New York for your imports, it will be a serious mistake because in such a casethe sellers will deliver the goods to the city of New York only. You must specify FOB vessel New York, in which case the sellers shall load the cargo on board a ship.Another point which concerns the interests of both seller and buyer is the timing of the arrival of the carrying ship which the buyer charters, at the port of shipment. If the arrival is well in advance of the stipulated date of shipment, the buyer may well be placed in an awkward position as the goods may not be ready for shipment, then who is going to pay the shipowner for the idle time, ie. the demurrage. Conversely if it is far behind the stipulated time, the warehousing expenses thus incurred should be borne by the buyer who is responsible for chartering the ship. Occasionally, the buyer may entrust the seller with chartering business, however in case he fails to charter a ship as required owing to some unforeseen circumstances, the seller is not liable for any expenses arising therefrom.In a nutshell, a foreign trade worker must bear in mind whose responsibility it is, the buyer’s or the seller’s, to make various arrangements under different delivery terms, and what is the correct content of the responsibility. In the end he will not be puzzled when confronted with any difficulties in his export and import business.CIF…Port of DestinationA. The Seller must:(1) Supply the goods in conformity with the contract of sale, together with such evidence of conformity as may be required by the contract.(2) Contract on usual terms at his own expenses for the carriage of the goods to the agreed port of destination by the usual route, in a seagoing vessel (not being a sailing vessel) of the type normally used for the transport of goods of the contract description, and pay freight charges and any charges for unloading at the port of discharge which may be levied by regular shipping lines at the time and port of shipment.(3) At his own risk and expense obtain any export license or other governmental authorization necessary for the export of the goods.(4) Load the goods at his own expense on board the vessel at the port of shipment and at the date or within the period fixed or, if neither date nor time has been stipulated,within a reasonable time, and notify the buyer, without delay, that the goods have been loaded on board the vessel.(5) Procure, at his own cost and in a transferable form, a policy of marine insurance against the risks of carriage involved in the contract. The insurance shall be contracted with underwriters or insurance panies of goods repute on FPA terms, and shall cover the CIF price plus ten percent. The insurance shall be provided in the currency of the contract, if procurable.Unless otherwise agreed, the risks of carriage shall not include special risks that are covered in specific trades or against which the buyer may wish individual protection. Among the special risks that should be considered and agreed upon between seller and buyer are theft, pilferage, leakage, breakage, chipping, sweat, contact with other cargoes and others peculiar to any particular trade.When required by the buyer, the seller shall provide, at the buyers expense, war risk insurance in the currency of the contract, if procurable.(6) Subject to the provisions of article B.4 below, bear all risks of the goods until such time as they shall have effectively passed the ship’s rail at the port of shipment.(7) At his own expense furnish to the buyer without delay a clean negotiable bill of lading for the agreed port of destination, as well as the invoice of the goods shipped and the insurance policy or, should, the insurance policy not be available at the time the documents are tendered, a certificate of insurance issued under the authority of the underwriters and conveying to the bearer the same rights as if he were in possession of the policy and reproducing the essential provisions thereof. The bill of lading must cover the contract goods, be dated within the period agreed for shipment, and provide by endorsement or otherwise for delivery to the order of the buyer or buyer’s agreed representative. Such bill of lading must be a full set of “on board” or “shipped” bills of lading, or a “received for shipment” bill of lading duly endorsed by the shipping pany to the effect that the goods are on board, such endorsement to be dated within the period agreed for shipment. If the bill of lading contains a reference to the charterparty, the seller must also provide a copy of this latter document.Note: A clean bill of lading is one which bears no superimposed clauses expressly declaring a defective condition of the goods or packaging.The following clauses do not convert a clean into an unclean bill of lading:(a) Clauses which do not expressly state that the goods or packaging areunsatisfactory, eg. “second-hand cases”, “used drums”, etc.(b) Clauses which emphasize the carrier’s non-liability for risks arising through thenature of the goods or the packaging;(c) Clauses which disclaim on the part of the carrier knowledge of contents, weight,measurement, quality, or technical specification of the goods.(8) Provide at his own expense the customary packing of the goods, unless it is the custom of the trade to ship the goods unpacked.(9) Pay the costs of any checking operations (such as checking quality, measuring, weighing, counting ) which shall be necessary for the purpose of loading the goods.(10) Pay any dues and taxes incurred in respect of the goods up to the time of their loading, including any taxes, fees or charges levied because of exportation, as well as the costs of any formalities which he shall have to fulfill in order to load the goods on board.(11) Provide the buyer, at the latter’s request and expense (see B.5), with the certificate of origin and the consular invoice.(12) Render the buyer, at the latter’s request, risk and expense, every assistance in obtaining any documents other than those mentioned in the previous article, issued in the country of shipment and/or of origin and which the buyer may require for the importation of the goods into the country of destination (and, where necessary, for their passage in transit through another country).B. The buyer must:(1) Accept the documents when tendered by the seller, if they are in conformity with the contract of sale, and pay the price as provided in the contract.(2) Receive the goods at the agreed port of destination and bear, with the exception of the freight and marine insurance, all costs and charges incurred in respect of the goods in the course of their transit by sea until their arrival at the port of destination, as well as unloading costs, including lighterage and wharfage charges, unless such costsand charges shall have been included in the freight or collected by the steamship pany at the time freight was paid.If war insurance is provided, it shall be at the expense of the buyer (see. A.5).Note: If the goods are sold “CIF Landed”, unloading costs, including lighterage and wharfage charges are borne by the Seller.(3) Bear all risks of the goods from the time when they shall have effectively passed the ship’s rail at the port of shipment.(4) In case he may have reserved to himself a period within which to have the goods shipped and/or the right to choose the port of destination, and he fails to give instructions in time, bear the additional costs thereby incurred and all risks of the goods from the date of the expiration of the period fixed for shipment, provided always that the goods shall have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.(5) Pay the costs and charges incurred in obtaining the certificate of origin and consular documents.(6) Pay all costs and charges incurred in obtaining the documents mentioned in article A.12 above.(7) Pay all customs duties as well as any other duties and taxes payable at the time of or by reason of the importation.(8) Procure and provide at his own risk and expense any import license or permit or the like which he may require for the importation of the goods at destination.Some Intricate Problems(1) Under CIF terms, the seller is obligated to arrange insurance and pay insurance premium. It is provided for in Incoterms that the goods should be covered on FPA terms at 110% of the invoice value. However, sometimes, the buyers request WPA insurance instead of FPA and occasionally demand inclusion of war risks or other special risks in insurance coverage. There are times when the buyers in some Asian countries intend to better protect his cost and profit, they require the insured value to be 150% or anywhere more than 110% of the invoice value. How to cope with such a situation?In view of the limited protection offered by FPA terms, it is deemed necessary that the CIF buyer, when the contract is made, requires the seller to get more extensive cover; but it must be made clear in the contract that the additional expenses thus incurred shall be for the buyer’s account.(2) Under CIF terms, it is the seller’s responsibility to book shipping space in the case of relatively small consignment, ie. less than a shipload, or to charter a tramp vessel in the case of shipload cargo, and pay the freight up to destination. If the buyer requests the seller to ship his goods on board of a designated vessel of certain type, nationality, class, age etc, how does he cope with this request? From the legal point of view, the seller has the right to decline the buyer’s request as such. Notwithstanding that, the seller may acmodate the buyer’s request provided that this arrangement is entirely feasible from the seller’s point of view and does not add anything to his transportation cost.The seller may do well to advise the buyer of the date of shipment, ie. to send shipping advice to him in order for the buyer to make arrangements for discharge.(3) Under CIF terms, the seller shall pay the freight, but whose responsibility it is to pay unloading expenses at the port of destination is to be decided according to the custom of the port. At some ports, it is the responsibility of the shipowner to pay unloading expenses; at some others the seller has to pay the additional expenses incurred for moving the cargo from ship to wharf godown and from godown to trucks; but sometimes the situation is quite different, those expenses should be borne by the buyer alone. Therefore, it is equivocal which party shall pay the unloading expense under CIF terms the seller or the buyer. For this reason, the following CIF variants are introduced to clarify the doubtful point:(a) CIF Liner termsThe unloading expenses will be for the account of the party who pays the freight, ie. the seller under CIF terms.(b) CIF Ship’s HoldThe buyer is to pay all unloading expenses when the goods are discharged from the ship’s hold to the wharf.These CIF variants clarify the division of expenses between buyer and seller. The risks pass from seller to buyer in the same manner as under CIF terms, ie. at the time when the goods have effectively passed the ship’s rail.CFR…Port of DestinationThe only difference between CIF and CFR lies in the fact that under CFR terms the buyer is responsible for the payment of insurance premium and of course, for arranging the necessary coverage with an insurance pany in the buyer’s country whereas under CIF terms, the buyer is not. It does not concern the seller, however, the seller must see to it that shipping advice shall be sent in time so as to enable the buyer to proceed with insurance arrangement. In case the seller fails to send the shipping advice due to oversight, he will be held responsible for any loss of or damage to the goods as a result of his negligence.Air and Rail TransportationThe three trade terms are primarily applicable to ocean transportation. In practice, they are inappropriate for air and rail transportation. For instance, when goods are exported to Hongkong by rail, we may now quote CIP Hongkong; when goods are exported to Paris, we quote FCA Airport Shanghai or CIP Airport Paris. Under these circumstances, passing the ship’s rail dose not make sense. When goods are dispatched to the neighboring countries, we may quote DAF Border Station (name of the border town) “Delivered to Frontier” terms.Innovations of Delivery TermsIn recent years, containerized traffic is increasing at a very fast pace, as exporters bee more aware of the advantages of containerization. In such case, the seller usually sends the containerized cargo or goods packed in container to the container freight station, where the carrier will issue a bined transport bill of lading to the consignor and at that time the risks and responsibility pass from seller to buyer; consequently it isimproper to apply CIF, CFR and FOB terms in this case. The International Chamber of merce adopted three new terms, namely FCA (Free Carrier), CPT (Freight or Carriage Paid to Named Destination) and CIP (Freight or Carriage and Insurance Paid to Named Destination); under which terms, both the seller and the buyer find it quite convenient to handle transportation of the containerized cargo, as the seller can get payment through negotiation with the bank at his place of business and the relative shipping documents will be sent to the buyer through the bank to enable him to take delivery of the goods at destination. In such cases, the risks pass from the seller to the buyer at the point (container freight station) when goods are placed into the custody of the carrier, but the title to the goods passes only when the buyer has paid or accepted the draft at his bank’s office.Summing-up(1) When FOB is used in our foreign trade with the USA and Canada, it is necessary to put down the word “Vessel”, as “FOB Vessel Seattle” or “FOB Vessel Vancouver”; if that is omitted, the sellers are responsible for the expenses to the city where the goods are to be shipped from, and it is then the buyers who pay for the transport of the goods to the wharf, as well as for loading them on board the vessel. This is also the procedure with FAS Vancouver; we should stipulate FAS Vessel Vancouver. This is somewhat different from the practice observed in European countries.(2) Under FOB Liner Terms, the buyers pay the freight directly to the shipping pany. This includes the charges for loading and unloading. The shipping pany will see to it that the goods will be shipped on board the vessel at the loading port and unloaded at the port of discharge. When the buyers charter a vessel for tramp service, it sometimes happens that the disputes arises as to which party is to pay the loading charges. In order to avoid payment of loading charges, the exporters in Europe sometimes try to use FOB Liner Terms instead of FOB Vessel, a tactic against which we must be on our guard.(3) As to the loading charges under FOB Vessel Terms for tramp service, there are different practices in usage at different ports. For instance:In Liverpool the sellers bear both the loading and stowing charges; therefore, FOB Liverpool is equivalent to FOB Stowed Liverpool.。