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Ibt Law


Submitted By Apisornvut
Words 27863
Pages 112

The book is designed around three types of transactions:

1) Sale of goods across borders; 2) Transfer of technology; a. Licensing production abroad; b. Franchising. 3) Direct Foreign Investment.

There are two parts to making these deals: 1) Deal-making aspect; a. Allocating risks; 2) Government regulation

Decisions and Risks in Trade – Analyze for each Problem! • The language in which the contract is executed. o They speak German- the purchase order is German; o Battle of the Forms (CISG) with another language, you have problem 4.1. (like the Chicken Frigalamenti case). o Even if the transaction is in English, there may still be communication difficulties. • Currency o How are they going to pay you, in Euros or in dollars? It’s important because the exchange rate changes, you may prefer to be paid in Euros rather than dollars because right now the dollar is doing badly. o What if the purchase order is from Laos instead of Germany? If you don’t know the name of the Laotian currency, you probably don’t want it. There are lots of currency problems that go beyond exchange. • Shipping – Import Regulations/Export Regulations handled by customs brokers. o German Customs o Import Duties; o Tariffs. o You might need a shipping broker. o Can’t bribe, “grease the wheels” due to the Foreign Corrupt Practices Act; although in small amounts it may be okay. o Inspection; there are some things they might not allow in the country. o US Customs ▪ The U.S. regulates outgoing stuff as well. ▪ Always ask can you sell this product abroad? o Inco Terms -- see table o Insurance liability ▪ War-risk insurance to dangerous countries – political risk ▪

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