Tuesday, 27 September 2016

CHAPTER - 12 INTERNATIONAL BUSINESS

CHAPTER - 12
INTERNATIONAL BUSINESS
                               Export /import trade has to comply with several formalities. In order to boost international business, the government provides various incentives and concession. It has also set up various organizations to educate those engaged in foreign trade. International agencies like World Bank, IMF, WTO, etc.., accelerate the pace of development and trade amongst different nations.
Types of foreign trade
Import: purchase of goods from foreign country for domestic use.
Export: sales of domestic goods to a foreign country
Entrepot: goods imported from a foreign country for re- export to another country
Export procedure:
Obtain importers exports code (IEC) number
             Importers exporters’ code number should be obtained first. This number should be shown in all export- import documents. Regional import export licensing authority issues this number when applied for in the prescribed form.
Obtaining regulations –cum- membership certificate (RCMC)
                                This certificates is issued by export promotion council/ commodity board / federation of Indian export organization / marine products export development agency, etc. this is needed to obtain facilities , benefits or concessions offered the export- import policy (EXIM) policy.
Market research
        The exporter tries to explore foreign markets by conducting surveys and market research to procure export order.
Receiving and confirming the export order
             After receiving the export order the exporter gives the conformation to the importer after careful scrutiny.
Manufacturing goods
         The exporter then manufactures or procures the goods required by the importer. He should adhere to the specification given by the importer of goods.
Excise clearance
                                The goods manufactured are subject to excise duty. But export gods are either exempted or if paid, it s later refunded to the exporter. So, the exporter has to apply to the excise commissioner along with the documents like invoice and AR4/AR5 forms.
Pre- shipment inspection and quality control
                                 In foreign trade, quality of goods must conform to international standards. In India quality control and inspection act insists on compulsory quality control and pre-shipment inspection
Customs clearance
                         No country will allow goods to cross its border without the permission of the custom authority. This is to ensure that
Ø The export and import are lawful
Ø The value of export and import is authenticated
Ø Duty is properly assessed
Ø The regulatory provision are complied with
Ø The data of export and import are available for compilation
                       Custom authority grants permission through a document called ‘shipping bill’. This is prepared by the exporter or his agent. This is submitted to the customs office along with other documents like invoice, license, inspection certificate, etc. these documents are checked by the customs officials. The goods may be physically verified by them at the dock. When the port formalities are over, permission is granted for shipment of goods. The exporter puts ‘let ship order’ on the shipping bill. The permission is shown to the master of the ship who allows the goods to be loaded on the ship. When the goods are loaded, the captain of the ship misuses a receipts known as ‘mate receipt ‘. This document is proof of shipment of goods.
Port procedures
                                  The exporter has to hire a space in the ship well in advance. The agent of the exporter brings the goods near the port. After paying the port charge and fulfilment the formalities, permission is granted to bring the goods to the port. The shipping bill is presented and the goods examined. if everything is in order, the officer puts “let export order’ on the shipping bill. Then the goods are loaded under the supervision of a customs preventive officer.
Obtain bill of lading
                                 The agent of the exporter hands over the mate’s receipt to the shipping company official who in turn issues a bill of lading.

Submission of document to bank
                                  After shipment of goods, the relevant documents like bill of lading, bill of exchange, letter of credit, invoice, etc, are submitted to the bank by the exporter. The bank then takes steps for completing the formalities for payment.
Import procedure

Obtaining IEC number and RCMC number
     The importer has to obtain IEC number and RCMC
Market research
         Importer undertakes market research and makes enquiries for the required items for import. He then identifies the products to be imported. After that the enters into the import contract.
Opening a letter of credit
               Letter of credit is an arrangement for payment to the exporter through importers bank. When a letter of credit is opened, the bank undertakes to make payment to or to the order of the exporter against stipulated documents and terms and conditions. The importer approaches his bank to open a letter of credit in favour of the exporter. The bank will issue a letter of credit taking into account the credit worthiness of the importer.
Arrival of goods
           When the goods reach the importer country, the person in charge of the carrier informed the officer at dock. He asks him to unload the cargo on a document called ‘import general manifest’. The details of goods imported are given in this document.
Informing the importer
                                     The customer authority informs the importer about the arrival of goods. The importer of his prepares called ‘bill of entry’ and submits it to customs authority along with other documents. Bill of entry is a document which customs officer permits the clearance of the imported goods.
Customs clearance
                              The bill of entry is marked by the customs officers for assessment of import duty and appraisement by the appraiser. The appraiser then examines the documents and issues the examination order. This is then procured by the importer / agent of importer and the import duty is remitted.
                               The bill of entry is handed over to an official called ‘dock superintendent. He marks the document to the physical examiner who examines physically the goods. The examiner gives his report on the bill of entry. The agent of the importer presents the bill of entry to the port manager who ensures payment of charges.
Export/ import documents
                  In foreign trade buyers and sellers are separated by long distances. The business activities are carried out with the help of documents. Documents protect the interest of both the buyers and sellers. Documents in the export business may be divided into two, viz.

1.       Principal export document
2.     Auxiliary export document
                1) Principal export documents
*   Commercial invoice: it contains a detailed description of the goods supplied by the exporter. The name of buyer and seller, name of the ship , date of sailing, quality and price, marks and numbers of packages. Etc.,
*   Packing list: it indicates the nature and number of goods put in each packets/ container with distinctive numbers and marks. This is to identify the goods contained in each packages, by the importer.
*   Bill of lading; it is an important document issued by the shipping company or its agent. Thus a bill of lading is,
·      An official receipt issued by the shipping company from goods on board.
·      An evidence of contract to carry goods
·      A document of title to goods
              It is also a quasi- negotiable instrument transferable by endorsement and delivery.
*   Airway bill: this is issued by an airline company in case of air carriage. Airway bill is not a document of title : it can be prepared in such a way that it can made a transferable document
*   Certificate of inspection: the certificate of inspection issued byt eh export inspection agency ensure that the consignment is inspected as per quality control and inspection act.
*   Insurance policy: exported goods are exposed to perils of sea. So they are invariably insured by the exporter. He obtains a marine insurance policy from an underwriters or insurance company.
*   Certificate of origin: it indicates the country where the goods have been originally produced. It is generally issued by chamber of commerce, export promotion council, trade associations etc.
*   Bill of Exchange; this is document related to the payment for the goods exported. As bill of exchange is also called ‘draft’ or ‘hundi’. It has three parties, viz., the drawer, the drawee and the payee.
A bill of exchange may be:
·      Sight bill: payable at sight or on presentation
·      Usance bill; payable after a stated number of days
  2) Auxiliary export documents
  These documents are needed in the presentation of the principal export documents
*   Performa invoice: it is a quotation sent by the seller to a potential foreign buyer. It gives description of goods, m price and other terms and conditions.
*   Intimation for inspection; this document is given by the export inspection agency. The exporter informs the agency on this document for the inspection of the export goods.
*   Shipping instructions; it is on this document that the exporter provides various instructions, connected with the export of goods, 6o the shipping agent.
*   Insurance declaration; it is on this document that the exporter, who requires insurance , makes a declaration related to the insurance policy
*   Shipping order; it is through this document that the shipping company intimates the exporter about the reservation of space on board the ship.
*   Mate’s receipt; it is issued by the chief officer of the ship and is an acknowledgement of the goods on ship.
*   Application for certificate of origin: this application is submitted to the chamber of commerce/ export promotion council. It shown the origin of goods.
*   Letter to the bank for collection / negotiation of documents: this contains details about shipping documents of the negotiation/ collection.
3) Import documents
      The principal import document is bill of entry. The goods imported are cleared on the strength of this document.
*   Bill of entry for home consumption: when the importer wants to clear the goods in one lot on payment of full customs duty, this document, which is white in color, is used.
*   Bill of entry for warehousing; when the importer does not want to pay the duty on imported goods and want the goods to be transferred to customs recognized bonded warehouses, this document is used.
*   Ex-bond bill of entry; this document is used when the importer clears the goods from a bonded warehouse on payment of duty. Its color is green.
Important terms:
1.       Free on board (FOB) : in FOB contracts , the responsibility of exporter ends with the delivery of goods on the ships rail at the named port of shipment .
2.     Cost and freight (CFR): In these types of contract, exporter has to bear all the costs and freight to bring the goods to the named port of destination.
3.     Cost, insurance and freight(CIF) in this type of counteract, the exporter bear all costs and freight for brining the goods to the named port of destination together with the cost of insurance against the risk of loss or damage to the goods during the carriage.
Foreign trade promotion: incentives and organizational support
Export promotion / incentives
       Government has taken various measures to improve the export position. for this purpose it announces EXIM policy from time to time. Important such measures adopted are as follows:
1.       Export processing zones (EPZs) EPZs have been set up to provide internationally competitive duty free environment for exports. Govt. has taken initiative to provide infrastructural facilities in these zones to produce goods at lower cost. Custom=ms clearances and other formalities simplified. No import license is needed to import capital goods , raw – materials etc., the units in these zones are given exemption for payment of excise duty from these zones are given exemption for payment of excise duty for these items bought from domestic market.
2.     Cent per cent export oriented units: these units are set up for the export of the entire products; they can be set up anywhere in India. They get all the benefits provided to units in the EPZ.
3.     Special economi  in the EPZ.
3.     provuided y where in india. they c zones (SEZ): it has been created to encourage fr5ee trade. It is treated as a deemed foreign territory for duty purposes. Goods going into the SEZ area from the domestic tariff area (DTA) is treated as deemed exports. Goods coming from the SEZ area to the DTA are considered as imported goods.
4.     Export houses trading houses, star trading houses and super star trading houses:  these export houses, in different names, are given national recognition so that they can take all out efforts to promote exports. The recognition is granted based on their export performance.
5.     Export of services:  to promote the export of services, various categories of service houses have been given recognition. Here also recognition is granted based on their export performance.
6.     Export promotion capital goods (EPCG) scheme: the idea behind this is to encourage import of capital goods for export production.
7.     Deemed exports: deemed exports refer to those transactions in which goods supplied are not supposed to leave the country. If goods are supplied to specific categories of organizations like EPZ, EOV projects funded by United Nations agencies, etc. they are treated as deemed exports.
8.     Duty exemption/ remission schemes: these schemes are aimed at facilitating import for the purpose of export production. The duty exemption enables import of inputs for export production.
9.     Duty drawback: under this scheme of duty drawback customs and excise duties on raw materials and components used in export products are refunded to the exporters.
10.   Export finance: export finance is provided to the exporters at concessional rate. There are two types of finance requirements, viz.,
·      Pre-shipment finance/ packing credit
·      Post –shipment credit
11. Market development assistance:  under this scheme assistance is given for marketing Indian products in the international markets.
12. Tax relief: tax exemption is allowed to boost exports. Under this scheme, export profits and foreign exchange earnings from other specified sources are exempted from income tax.
                      Brand promotion and quality awareness; quality is the most important element of export marketing. In order to promote Indian brands in the overseas market, India brand equality fund (IBEF) trust has been established in 1996.
Export Processing Zones
    These are set up increases production for export. These are industrial estates which from enclaves within the national customs territory. They are usually located near the international air port or sea port. There are seven export processing zones in India.
1.       Kandla export processing zone, kandla,Gujarat.
2.     Santa Cruz electronic export processing zone (SEEPZ), Santa Cruz, Bombay.
3.     Noida export processing zone (NEPZ) noida , UP
4.     Madras export processing zone (MEPZ), Chennai, Tamil nadu.
5.     Cochin export processing zone (FEPZ) falta, cochin , Kerala
6.     Falta export processing zone (FEPZ) , west Bengal.
7.     Visakhapatnam export processing zone (VEPZ), Visakhapatnam.
The major objectives of these zones are:
1.        To earn foreign exchange
2.     To provide employment
3.     To acquire and update labour and management skills.
4.     To create links between EPZ industries and the domestic economy.
Special Economic Zones
           These are set up in different parts of the country to provide an internationally competitive free environment for export production. They may be set up in the public, private, joint sector or by the state government. The activities in these zones may be trading, manufacturing or service. They enjoy exemption from industrial licensing for manufacture of items reserved for SSIs. They are also exempt form sectarian ceilings on FDI. It is a deemed foreign territory for purpose of trade operations and duties and tariffs. Goods going into SEZ from DTA are treated as deemed exports.SEZ are exempted from duty on import of raw materials and capital goods. If these are procured from DTA, excise duty is also not payable.
Features
1.       A duty free enclave has been created which is treated as foreign territory for trade operations.
2.     Units can be set up for manufacturing, trading and service activities.
3.     Units are exempted from routine examination of import and export of cargo by customs
4.     Units should be a positive foreign exchange earner in three years
5.     Sale in domestic market is permitted on payment of duty
6.     Duty free goods are allowed to be utilized within the approval period of 5 years
7.     Subcontracting of production is allowed
8.     100%foreign direct investment is permitted through automatic route in the manufacturing sector.
Organizational support
     The government of India has taken initiative in setting up various institutions to promote and facilitate foreign trade in our country.
Department of commerce
   Department of commerce, coming under the ministry of commerce, is the apex body in this direction. Department of commerce helps to better commercial relation with other countries and enhance export promotional measures and regulations of certain export – oriented industries and products. it formulates policies on foreign trade –import and exports –of our country.


Export Promotion Councils (EPCS)
            These are registered either as joint stock companies under the companies act or the societies registration Act. These are non-profit organizations. The basic objective of these councils is to promote and develop exports of particular products under their jurisdiction. There are 21 EPCs at present, dealing with different products.
Commodity boards
                These boards are supplementary to EPCs. These are specially established by the government of India for the development of production of certain traditional commodities.
 Export inspection council (EIC)
     It was set up by the central government as per section 3 of the export quality control and inspection act, 1963. It aim at development of export trade adhering to strict quality slandered and pre-shipment inspection. All the commodities meant for export must have the quality specification prescribed by the EIC, excepting certain items.
 Indian Trade Promotion Organization (ITPO)
            ITPO was formed by merging two erstwhile entities, viz., trade development authority and trade fair authority of India. IT WAS SET UP IN 1992 BY REGISERING AS PER COMPANIES Act, under the ministry of commerce. Its headquarters is at New Delhi. Being a service organization it always keeps in touch with trade, industry and the government. It organizes trade fairs and exhibitions in India and outside. It assists export firms to participate in international trade fairs and exhibitions.
  Indian Institute of Foreign Trade (IIFT)
       It was set up in 1963 by the government of India and is registered under the societies registration Act. It is an autonomous body. IIFT was formed with the prime objective of introducing professionalism in the country’s foreign trade management.
Indian Institute of Packaging (IIP)
    It was set up in 1966 as a national institute jointly by the ministry of commerce and the Indian packaging industry. It acts as the training –cum-research centre for packaging and testing. It caters to the needs of both domestic and foreign markets.
 State Trading Corporation
              Domestic firms find it difficult to complete in the international market. Existing trade channels are either unsuitable for promotion of exports or are failing in bringing about diversification of trade with countries other than European countries. Forming of state trading corporation (STC) in 1956 was to set these shortcomings. The main objective of STC is to stimulate export trade among different trading partners across the globe.
World Bank / International Bank for Reconstruction and Development (IBRD)
    The World Bank was reacted at the 1944 Bretton woods conference. Although many countries were represented at that conference, the US and UK dominated the negotiations. It is based in Washington D.C. the IBRD is commonly known as World Bank. The IBRD was established with the original mission of financing the reconstruction of European nations following world war2. After the reconstruction of Europe it turned its attention towards eradicating poverty around the world. In 1960, the international development association (IDA) was set up to serve as the banks concessional lending arm and provide low and no-cost finance and grants to the poorest nations whose per capita incomes were below a critical level. The IBRD began investing in development projects and in social sector of underdeveloped nations like health and education.
 World Bank is a group of five international organizations
·      International bank for reconstruction and development(IBRD) 1944
·      International Finance Corporation(IFC)1956
·      International Development Association (IDA)1960
·      Multinational Investment Guarantee Agency(MIGA)1988
·      International Centered For Settlement Of Investment Disputes (ICSID)1966
Functions of World Bank
Ø Granting reconstruction loans to war-torn nations
Ø Granting development loans to underdeveloped nations
Ø Providing loans to government for agriculture , irrigation, power , transport, water supply, education , health, etc.,
Ø Providing loans to concerns for specified projects
Ø Promoting foreign investment by guaranteeing loans provided by other organizations.
Ø Providing technical, economic and monitory advice to member countries for specific projects
Ø Encouraging industrial development of underdeveloped countries by promoting economic reforms.
International development association (IDA)
                The IDA, set up in 1960, is the part of the World Bank that helps the world’s poorest countries. it helps these countries to reduce poverty by providing no-interest loans and improving living conditions.
Objectives
ü   To provide development finance to the less developed countries on easy and flexible terms
ü   To promote economic development , increase productivity , raise the standard of living in the less developed countries
ü   To supplement the objectives and activities of the world bank
ü   To extend macroeconomic management services in areas
International Finance Corporation (IFC)
    IFC is an affiliated institution of the World Bank established on July 20, 1956. It assists private enterprises in developing countries by providing them with risk capital .all the members of the world bank are eligible to become members in IFC.
Objectives
·      Accelerate the pace of economic development of the member countries in underdeveloped areas
·      Invest in private productive enterprises in association with private investors.
·      Bring together investment opportunities , privae capital, both foreign and domestic and experienced management
·      Stimulate productive investment of private capital in the developing countries.
Multinational investment guarantee agency (MIGA)
                MIGA is a member of the world bank group . it was established in 1988 as an investment insurance facility to encourage confident investment in developing countries.
Objectives
·      To promote foreign direct investment (FDI) into developing countries
·      To provide insurance facility to investors against political risks
·      To provide guarantee against non-commercial risks
·      To target projects that Endeavour to create new jobs, develop infrastructure and generate new tax revenues.
International Monetary Fund (IMF)
                It is the second international organization next to the World Bank. It was initiated in 1944 at the Britton woods conference and formally created in 1945 with 29 member countries. Its headquarters is at Washington D.C .the IMF,s goal was to assist in the reconstruction of the world’s international payment system post world war 2. The IMF is an organization of 188 countries working to foster global monitory cooperation , secure financial stability , facilitate international trade, promote high employment and sustainable economic forth and reduce poverty all over the world.
Objectives
v To promote exchange rate stability among the different countries
v To make an arrangement of goods exchange between the countries
v To promote short term credit facilities to the member countries
v To assist in the establishment of international payment system
v To make the member countries balance of payment favourable
v To facilities the foreign trade
v To promote the international monetary corporation
World Trade Organization (WTO)
                The WTO, the principal international institution for the management of international trade, was created at the Uruguay round of trade talks in 1994. It was to transform the general agreement on tariffs and trade (GATT) into a permanent institution. GATT negotiations started in Uruguay in 1986 meant for promotion of free trade. It was the origin of the WTO and a range of multilateral agreement. It currently has 160 member states. The WTO is responsible for providing a forum for trade negotiations, handing trade disputes and monitoring national trade policies.
Functions of WTO
         It was only a legal arrangement. The WTO is a new international organization set up as a permanent body. It is designed to play the role of a watchdog in the spheres of trade in goods, trade in services, foreign investment, intellectual property rights, etc.,
§  The WTO shall facilitate the implementation , administration and operation and further the objectives of this agreement and of the multilateral trade agreements
§  The WTO shall providing the forum for negotiations among its members concerning their multilateral trade relations
§  The WTO shall administer the understanding on rules and procedures governing the settlement of disputes
§  The WTO shall administer trade policy review mechanism
Objectives of WTO
a)     To implement the world trade system as visualized in the agreement
b)     To promote world trade in a manner that benefits every country
c)     To ensure that developing countries secure a better balance in the sharing of the advantages resulting from the expansion of international trade corresponding to their developmental needs
d)     To demolish all hurdles to an open world trading system and usher in international economic renaissance
e)     To enhance competitiveness among all trading partners so as to benefits consumers and help in global integration
f)      To increase the level of production and productivity with a view to ensuring level of employment in the world
g)     To expand and utilize world resources to the best
Benefits of WTO
Ø Lower prices for consumers. removing tariffs enables to buy cheaper imports
Ø Free trade encourages greater competitiveness.
Ø Law of comparative advantage
Ø Economies of scale
Ø Free trade can help increase global economic growth.

AGREEMENTS
The General Agreement on Tariffs and Trade (GATT)
              It was a multilateral agreement regulating international trade. Employment and was the outcome of the failure of negotiating government to create the international trade organization (ITO). GATT was signed in 1947, took effect in 1948, and lasted until 1994; it was replaced by the world trade organization in 1995.
The Agreement on Agriculture (AOA)
             It is an international treaty of the world trade organization. It was negotiated during the Uruguay round of the general agreement on tariffs and trade, and came into force with the establishment of the WTO on January 1, 1995.
The agreement on trade – related aspects of intellectual property rights (TRIPS)
                 It is an international agreement administered by the world trade organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO members. Intellectual property refers to information with commercial values like ideas, inventories, creative expression and others.
The general agreement on trade in services (GATS)
                   It is a treaty of the world trade organization (WTO) that entered into force in January 1995 as a result of the Uruguay round negotiations. The treaty was created to extend the multinational trading system to service sector, in the same way the general agreement on tariffs and trade (GATT) provides such a system for merchandise trade.

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