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exporters manual documentation pdfToday, primarily due to the internet, you can market your products and services around the globe without even trying. In fact, if your company has a website, you already are! Being an accidental exporter is easy; being a successful exporter—one who makes money, grows a business, and stays out of trouble—takes some work. Technology Why? Exports are subject to the various U.S. export regulations that govern the movement of goods, and you can face substantial penalties for violating those regulations. That includes items sent by regular mail or hand carried on an airplane; documents transmitted by fax; software or specifications downloaded from the internet; and technology transmitted by email or shared in a phone conversation. Finally, releasing technology or data to a foreign national located in the U.S. is also “deemed” to be an export. Regardless of what you are exporting, your success depends on creating export procedures tailored to your company that ensure you follow the rules and best practices that will help you maximize your profits and keep you out of trouble. After all, 95 of the world’s consumers are located outside the U.S. And many areas of the world, like Asia, have a rapidly growing middle class. Products that may face growing competition in the U.S. or products that are becoming outdated in this country could find new life in other markets that don’t have similar competition or need the very latest technology. Maybe you are already receiving inquiries from certain potential customers in certain countries. Maybe you’ve self-identified logical new markets for your goods. This includes identifying the market potential, learning how to properly (and legally) export your products or services to that market, identifying sales channels, and more. Do your research to determine what kind of modifications you may need to make to your product for this market, what the import duty rates are, and whether or not there are any U.S. export restrictions.http://www.anben-ogrody.pl/edsr-600-manual.xml
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All countries have various levels of risk associated with them. Fortunately, there are many free tools available on the web to make that assessment. Download the free white paper that explains this process: Evaluating Export Markets: Assessing Country and Customer Risks. You can either visit them in a local office, or you can check out the country guides on the International Trade Administration website. If you choose to sell directly to end users, your company is responsible for all aspects of the transaction—shipping, payment, product servicing, etc.—unless you make other arrangements. A Basic Guide to Exporting has helpful information about planning for direct sales, as well as government agencies that can assist you. When working with a foreign distributor, expect to have fewer responsibilities for support and service; the distributor will take care of these aspects, which can be challenging for new exporters. As mentioned above, the U.S. Commercial Service can help you find and select distributors who are reputable and advise you in beginning steps. Partners represent a step up from a distributor relationship. In this case, you may find an existing company in your intended foreign market that has a distribution and support system already in place. Partnering with such a company can make entering a new market easier and lessen the cost and pain of setting up infrastructure in another country. That includes determining how you will support your products—a critical factor if you want to be a successful exporter with a good reputation. Things to consider include: This is an expensive option. It is also inconvenient for the foreign buyer, who is then saddled with high shipping costs and doesn't get to use your product for an extended amount of time. For more information about facilitating this process, read Repaired Goods: Import and Re-Export. This is a cost-effective, time-saving option for most exporters.http://www.miragetravel.com.au/userfiles/edsr-400-manual.xml You can hire existing local service facilities or create an office to provide service in-country. Take the time to plan for this in advance, so you don’t waste customers’ time and try their patience once your export transactions are underway. When you export, you don’t get the benefit of rights granted in the U.S. by patents, trademarks, registrations, copyrights, et al. In a foreign country, these protections may mean little, if anything. (If you don’t know much about intellectual property protection, you may want to start by reading: 10 Terms You Need to Know about Intellectual Property. Most countries have a first to file system, so you want to file early, perhaps by using a provisional patent application. This strategy helps you obtain the broadest possible protection. Your company trademarks and trade names are an important asset in the global business economy. Ideally, you should register your trademarks in every country where you want your mark protected. By using them, you not only increase the marketing value of the marks, it makes ownership of the marks clear. In most countries, if you don’t use a trademark, it can be canceled for non-use. This is typically done through the courts. According to A Basic Guide to Exporting, these 10 questions will help ensure you’re setting the best price for your product. Is the demand in the foreign market elastic or inelastic? You’ll also want to consider additional costs the importer will incur, including tariffs, customs fees, currency fluctuation, transaction costs, and value-added taxes, because they can add to the final price substantially and may even double the U.S. domestic price of your good. Read more detailed export pricing strategies: Export Basics: Price Your Exports for Profit. It can make your goods more competitive, particularly with companies located in other countries. Watch the free webinar, Why You Should Start Invoicing in Foreign Currencies.http://fscl.ru/content/dasa-contractual-policy-manual-2013 Here are some key things to look out for: A relatively small number of exports require a license from either the U.S. Department of Commerce or another U.S. agency like the State Department.Once you’ve done your background research, use our Export Controls Wizard to find out more about your specific product’s requirements. To avoid them, you need to know which ones they are. You can find out more about embargoed countries and export regulations in our articles, Six Basic Steps for Export Compliance and The Three R’s of Export Compliance. You can do this manually via the Federal Register, but be aware that the number of lists to be checked is large. Yes, it is time consuming, but you could face jail time if you are found to be in violation of these regulations. In addition to identifying the correct Harmonized System (HS) number for your products (a number that is used to determine how much duty you must pay for the goods), you need to be aware of other types of import controls for your products, including import licenses and permits, various certificates, absolute and tariff rate quotas, and anti-dumping and countervailing duties. By eliminating the import duties on your products, they become less expensive and more competitive in your chosen markets. You may want to alter how you source some of the parts of your goods in order to get your goods to qualify for a particular free trade agreement if it will eliminate the import tariff. The most widely used agreement is the North American Free Trade Agreement, more commonly known as NAFTA. (NAFTA will probably soon be replaced by the U.S.-Mexico-Canada (USMCA) Free Trade Agreement. See NAFTA vs. USMCA. ) It’s important to understand how these rules of origin work. Typically, the goods are wholly obtained or produced within one of the countries of the agreement, or they are substantially transformed in one of the countries. You should not participate in the free trade agreement unless you are sure—and can prove—that the goods qualify. And even if they do qualify, there may be times when it makes sense to opt out and not choose to participate. Read When Should You Refuse to Complete the NAFTA Certificate of Origin to learn more. While most companies use a variant of FOB as the trade term of choice within the U.S., there are currently 11 different trade terms, called Incoterms 2020, that are used internationally. They don’t, however, say anything about the price of the goods, the method of payment, or when the title of the goods passes. Most importantly, they don’t replace the need for a sales contract. That’s a pretty good reason new exporters should make sure they’re avoiding potential problems when they prepare their export shipping crates. You can also download a free export packing list to help you in your export process. The regulations for shipping hazardous materials and dangerous goods are complicated, which you can learn about here. However, the most important step you can take when dealing with hazardous materials is to make sure you and the employees who will be dealing with these goods are thoroughly trained and knowledgeable about the regulations. Additionally, companies like CARGOpak can help you get effective hazmat and dangerous goods training through on-site DOT Hazardous Materials (hazmat) compliance training classes and seminars. Just as with freight forwarders, make sure you’re asking questions, not just partnering with the first company you meet. What you think may be the most inexpensive, efficient way to carry your exports may not be. Explore all your options to find the most economical and efficient combination. You should also consult with international insurance carriers or freight forwarders for more information about your specific goods. This is crucial to your success, because any errors (even simple typos) in your paperwork could delay shipments and your payday. In addition, you can download PDF samples of the export documents from the Shipping Solutions website. These problems often occur because you have entered inconsistent information on the documents. You can watch an 8-.To make sure you get paid, you need to find an international banking partner and understand your payment options. It may help to start by reviewing the 10 Terms You Need to Know to Help You Get Paid for Your Exports. You’re looking for someone you feel comfortable with, someone with whom you have a good rapport, and someone you can trust. The bank you choose should do more than provide guidance in getting paid; it should also help you assess creditworthiness and guide you on the best payment methods for your particular situation. They should also know the sticking points regarding letters of credit and any other payment type, and be able to advise you regarding the best payment methods for your exports. The five most common methods of payment in international trade are consignment, open account, documentary collections, letters of credit, and cash in advance. In addition, it details the financing options available to exporters through the bank. By taking the time to understand terms, regulations, procedures and processes, you stand a greater chance at becoming a successful exporter. This chart can help: Understanding the different types of shipments and related terms is crucial to ensure your goods get shipped on-time, within compliance, and in good shape. To learn what each term means, use our glossary of international shipping terms. But these terms aren’t valid for your international shipments, because most of the world relies on a set of shipping terms called Incoterms. They are the voluntary, authoritative, globally accepted, and adhered-to rules for determining the responsibilities of buyers and sellers for the delivery of goods under sales contracts for international trade. Under specific Incoterms 2020 rules, these can happen at different points in the journey. They don’t say anything about the price to be paid or the method of payment. Furthermore, Incoterms don’t deal with the transfer of ownership of the goods, breach of contract, or product liability; all these issues need to be considered in the contract of sale. Also, Incoterms can’t override any mandatory laws. Items designed for military use most likely fall under the jurisdiction of the U.S. State Department’s Directorate of Defense Controls (DDTC) and the International Traffic in Arms Regulations (ITAR). See Chapter V for more details. Dual-use items are those goods that may be designed for commercial use but the government has decided could be used for military or terrorist purposes. However, the only sure way to know is to check the Commerce Control List (CCL) in the EAR. ECCNs specifically identify items that are subject to U.S. export control regulations, and may require an export license. Goods that are traded at high volumes worldwide are generally not controlled. If a product has a specific ECCN, the EAR will also list one or more reasons why it is controlled. Companies use these reasons to help them determine if they need to apply for an export license based on the countries to which they are exporting. In addition, Shipping Solutions’ Product Classification Wizard allows you to search for the correct ECCN code by typing in a short description of your products. Products classified as EAR99 are low-technology consumer goods and usually do not require an export license. However, even EAR99 items require licenses for exporting to embargoed countries, to a restricted party, or in support of a prohibited end use. A misstep here could very well lead to severe fines, loss of export privileges, and even land you in jail. The jurisdiction sets the stage for the actions you can and can’t take, and determines what type of export restrictions or licensing requirements you may face. This decision tool will help you classify items that are subject to ITAR. You can check the USML online. Your company must be registered with the State Department, and you must apply for an export license through the State Department. The CCL describes “dual-use” items (items that may be used for both commercial and military purposes). A classification will determine whether an export license is required based on the destination of the product. Likewise, imported items (notwithstanding foreign origin) could likewise be subject to EAR restrictions upon export out of the country. These products can still be controlled because of end use, end user and destination controls. If you have any questions or doubts, apply for a commodity jurisdiction request to help you understand jurisdiction. To submit a request, fill out the commodity jurisdiction form on the DDTC website. You can also find contact information and answers to common questions there. Unless a business is absolutely certain of its determinations, the business would be advised to submit an application to DDTC to determine the jurisdiction of the item. This kind of application is known as a commodity jurisdiction and DDTC has stated that seeking and receiving a commodity jurisdiction determination is the only way to obtain legal certainty of the jurisdictional status of an item and thereby reduces the risk of civil and criminal penalties for noncompliance. Even if you think jurisdiction is obvious, it could be very dangerous to make an assumption and be wrong. This demonstrates your due diligence, so if something goes wrong, you can prove you made an effort to try to comply with the regulations. Even the smallest U.S. businesses that send their products to customers outside the country are subject to a variety of export regulations and could face substantial penalties for violating these rules. Unfortunately for many small- and medium-sized businesses, company personnel may not know about these requirements until it's too late. In addition, criminal violators may be sentenced to prison for up to 20 years, and administrative penalties may include denial of export privileges. Small- and medium-sized businesses may think they lack the time or money to train personnel in export regulations, and downplay the necessity of compliance screening. Even if they do have the necessary experience and training, export personnel may not have the support of senior management, who are often totally unaware of U.S. export regulations. However, exporters are often less aware of the requirement that they determine whether or not their products are controlled for export by the Department of Commerce or the Department of State. See Chapter IV. In the most extreme cases, the U.S. has placed embargoes on countries like Iran and Syria for supporting terrorist activities. In other cases, the U.S. restricts companies and individuals from exporting certain products to specific countries for reasons of national security, nuclear nonproliferation, chemical and biological weapons, or one of several other reasons outlined in the EAR. Once they know why their products are controlled, exporters should refer to the Commerce Country Chart in the EAR to determine if a license is required. For example, a Low Value exception may mean you don’t need to apply for an export license if the value of the export is below a certain dollar threshold. For more information about license exceptions, refer to the article, What You Need to Know about Export License Exceptions. These countries include Cuba, Iran, North Korea, Sudan and Syria. Part 746 of the EAR describes embargoed destinations and refers to certain additional controls imposed by the Office of Foreign Assets Control (OFAC) of the Treasury Department. If indicated, companies must apply to BIS for an export license through the online Simplified Network Application Process—Redesign (SNAP-R) before they can export their products. That includes items that are EAR99 or otherwise don't require an export license based on the country of export. These individuals, businesses or organizations could be located within the U.S. Companies are responsible for knowing how their products will be used once they leave the country. Some of these end uses are prohibited while others may require an export license. For example, companies may not export to certain entities involved in the proliferation of weapons of mass destruction (e.g., nuclear, biological, chemical) and the missiles to deliver them without specific authorization, no matter what the items are. For example, companies should be reasonably suspicious when orders are inconsistent with the needs of the purchaser; when a customer declines installation and testing that is included in the sales price or is normally requested; or when requests for equipment configurations are incompatible with the stated destination. In this case, it's normal to order one replacement switch; it's not normal to order several dozen at once. It turns out these switches were going to be used as detonators for nuclear bombs. If suspicion has been raised, a company should refrain from carrying out the transaction until an export license application has been submitted to and issued by BIS. While there is absolutely nothing wrong with outsourcing the export functions, companies must realize they cannot outsource their liabilities. This documentation can be used to demonstrate compliance with the EAR or, in case violations are found by the U.S. government, be used as evidence of a good-faith effort to comply, which could result in reduced penalties. This section focuses on some basic steps that all export companies and their personnel should know, follow and document. It should serve as a starting point for creating a more comprehensive, written export compliance plan. However, mistakes do happen, and the consequences can sometimes be devastating. Companies can face fines, lose their export privileges, and, in the most egregious cases, see people go to jail. A properly implemented Export Compliance Program will help alleviate that risk. The BIS considers that a strong mitigating factor when determining penalties. It is a program that can be established to manage export-related decisions and transactions to ensure compliance with the EAR.” We detail the entire process in our white paper, How to Create and Implement an Export Compliance Program. These documents will make sure the people transporting your goods know where they are going. The forms will help you clear your goods through customs in a timely manner and without unexpected fees, and they will make sure you get paid on time. Rather than providing a standard quotation form like you may use for your domestic sales, you should reply with a proforma invoice. Your potential new customer may need a proforma invoice to arrange for financing, open a letter of credit, or apply for an export license. If completed properly, a proforma invoice will look a lot like your final commercial invoice. The commercial invoice includes most of the details of the entire export transaction. It needs to include a lot of the details discussed in earlier chapters of this guide, including the Incoterms 2020 rule you agreed upon with the buyer; the proper product classifications; export license requirements, if any; and letter of credit or other banking information you need to get paid. Accounting Invoice: What’s the Difference for more detail. These certificates of origin usually require a seal from a chamber of commerce in the originating country. An eCO is faster and less expensive to obtain, allows for the option of delivering them electronically to the importer, and are registered with the International Chamber of Commerce—the same body that publishes the Incoterms rules—to provide added credibility with various customs authorities. Visit the Certificates of Origin page for more details about the various certificates. They typically arrange the transport of your goods with the carrier and help ensure you’ve taken care of all the details. It may also grant the forwarder a limited power of attorney to work on your behalf and, if you prefer, to file the Electronic Export Information (EEI) through the Automated Export System (AES) on the Customs and Border Protection’s Automated Commercial Environment (ACE) portal. It’s used to move your goods to the ocean port or airport for transport out of the country to the buyer’s destination. It can serve as both a contract of carriage and a document of title for the cargo. It can be a negotiable or non-negotiable document. It is a contract of carriage between the shipper and the carrier, and it is always non-negotiable. These forms need to be completed by someone who has been trained to handle dangerous good shipping. The seller attaches the various required documents to the bank draft and presents it to the bank to get paid. When the buyer authorizes payment for the goods, the bank releases the documents to the buyer and transfers the funds to the seller’s bank. In other words, by reporting your exports to AES, your information is included in the economic indicators and Gross Domestic Product (GDP) of our nation’s economy. The information you file is called Electronic Export Information (EEI). According to the Census Bureau, electronic filing of the export information improves the government’s ability to monitor and prevent exports of critical goods and technologies that may threaten our national security and significantly improves the quality and timeliness of export statistics. However, the origin of the goods, either domestic or foreign, is also considered.Goods subject to ITAR but exempt from licensing export requirements regardless of value or destination must be filed through AES. As a matter of fact, all self-propelled vehicles must be filed regardless of value or destination. An AES filing is also required for rough diamonds (classified under HS subheadings 7102.10, 7102.21 and 7102.31) regardless of value or destination. It is the job of the Office of Export Enforcement within the U.S. Department of Commerce and U.S. Customs and Border Protection within the Department of Homeland Security to investigate and enforce these rules. Alternately, the USPPI can authorize and pay a third party—often the freight forwarder—to do the AES filing. Be sure to request proof of filing if you authorize your freight forwarder to do it for you. In this case, the FPPI must authorize a U.S. agent to prepare and file the electronic export information (EEI) in one of two ways: If you don’t—or if your information is inaccurate—you can get audited and penalized for making an inaccurate claim. Five years is the standard for most agencies that have a hand in exporting, including the Bureau of Industry and Security (BIS), U.S. Census Bureau, U.S. Customs and Border Protection (CBP), the State Department’s Directorate of Defense Trade Controls (DDTC), the Office of Foreign Asset Controls (OFAC), and other agencies. Certain agencies and departments date the documentation differently. For example, some export documentation requirements mandate five years from the date of export versus five years after the export is complete versus five years after an export license has expired. It’s your job to know what those caveats are and abide by them. If a government agency requests information pertaining to a particular export shipment before the five-year period is up, you must continue to keep all the records related to that shipment until you have written authorization to destroy them. The Export Administration Regulations (EAR), which cover most exports that don't fall under the jurisdiction of the U.S. State Department, defines the types of records that must be retained, including: You can see the list here. See The ITAR Compliance Checklist. That’s where Shipping Solutions export software fits in. Thousands of successful exporters use Shipping Solutions to complete their export forms up to five-times faster than preparing them by hand or by using Excel or Word templates. You simply enter your information one time, and the software automatically formats and places the data in the right places on all your exporting documents. That makes creating your export forms up to five times faster. You can also import orders from your accounting or ERP software so the data comes through exactly how it is stored in your ERP system. That’s a huge risk—especially if you’ve just entered the name of a form in Google and selected the first template you came across! Companies have been using Shipping Solutions for more than 20 years to generate hundreds of thousands of documents to accompany tens of thousands of successful export shipments. Our Export Compliance Module uses the latest data from the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and more than 140 different Denied Party Lists to make sure your shipments always comply with U.S. export regulations. To see how Shipping Solutions can help your company meet its export requirements. Certain parts of this website may not work without it. Please enable JavaScript for the best experience.You can also choose to set optional analytics cookies that are described below. You can change your cookie preferences at any time by clicking the Cookie preferences link in the footer of every page on this website.They are limited to only those that are strictly necessary. For example, we set a session cookie on your device to remember your language choice during your browsing session. They are set by a third-party service provided by Google. 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