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With
almost 30 years experience in International Trade, Elizabeth can
solve most of your problems and if she can't, she'll know who
can. Why don't you give her a call
for a chat?
Here's a sample of some articles and questions to give you a taste...
Articles
Questions
We
are working on a military project that includes US content and
have a TAA that specifies the UK as the end-user. We need to organise
a conference call to discuss the US technical specification with
the Supplier. One of our most experienced engineers is German.
How should we proceed?
-
UK Legislation
Conversations discussing technical assistance are only controlled
for military list items when reading out the contents of a controlled
document or if in connection with weapons of mass destruction.
Therefore. the intangible transfer of technology to the German
national in the UK (and the US nationals in the USA) is not subject
to UK regulation and therefore a UK export licence is not required
providing the teleconference does not include reading out the
contents of a controlled document.
-
US legislation
Transfer of technology by any means is controlled by the US legislation.
Therefore this telephone conversation to discuss the technical
specification of a US item does require a US export licence.
The good news is that, a licence is in place for the export to
the UK but this excludes the verbal transfer of technical information
to your engineer from Germany.
You must ask your German engineer to leave the room whilst the
teleconference tales place.
Top
We
are a UK registered Company owned by a US Company. We manufacture
Heat Exchangers. We have received an enquiry from Pakistan. Any
problem with that?
-
I would expect payment terms to be Letter of Credit for Pakistan.
My first suggestion would be to check the Customer out, theres
no point doing any business unless youll get paid.
-
Heat Exchanger appears in the index of the UK Control List. Therefore,
you need to check the specification of these items against the
controls to see if they require an export licence. If you need
help, the DTI offer a rating service.
- Even
if the specification of your items is not covered by the regulations,
you also need to consider what the end-use will be. India and
Pakistan are an area of concern. You may remember from the news
that, they have been carrying out missile tests.
- Because
these items appear on the control list and are destined for Pakistan,
there is a good chance that Customs will detain the consignment.
For all of your exports, I would have the specification and end-user
declaration available.
- The
UK legislation controls nuclear/missile activity to India and
Pakistan but, since you are owned by a US Company, you are also
subject to the US regulations. The US restrict all activity with
both India and Pakistan. The US publishes lists of Entity/Denied
Parties showing which companies US companies can not deal with.
For all other activity, you should consult your US legal department.
Top
Weve
received an order from Germany for aircraft parts for a C130.
Germanys in the EU so thats OK then isnt it?
- The
C130 is a US military plane and requires a UK export licence and
a US re-export licence. Military licences are sovereign
issues and each country has their own regulations. Military
goods can not move freely through out the EU.
- Also,
I have detailed knowledge of the C130 and, I know that Germany
do not operate this aircraft.
- You
will need an end-user certificate to support a UK export licence
application. Check this carefully since your buyer is not the
end-user. This could be a genuine purchase for re-sale but, it
could also be for diversion to a prohibited country. For this
reason, it is imperative that you know who your customers are
and who your potential customers are.
Top
How
do we obtain payment before our goods are delivered?
-
Cash
before shipment
-
Letter
of Credit payable at sight
-
Letter
of Credit discounted tenor draft
-
Sight
Draft
-
Cash
against documents
Give
me a call for a more detailed explanation.
We
are thinking about purchasing raw material from the USA. They
have quoted us a price called FOB which is cheaper than from our
existing Supplier. We havent imported before, can you explain
what this all means?
- FOB
is an INCOTERM-Internationally recognised trading term. These
terms detail who pays for what, who is responsible for insurance,
documentation etc. Copies available from International Chamber
of Commerce for about £35.
- FOB
is an old sea freight term and is generally misused. It means
that, the price includes all documentation and charges up to the
goods going over the ships rail. At this point, the goods
pass from the seller to the buyer i.e. the goods are delivered
and the responsibility of the buyer. So, if the case containing
your goods falls from the crane and lands in the sea the
seller has not delivered them and any loss is theirs. If the case
falls onto the deck of the ship, the goods have been delivered
to the buyer and any loss is theirs. In practical terms this means
that, the buyer has to pay for the goods and claim on the cargo
insurance (if there is any). Good reason to take out insurance.
All costs from this point are then payable by the buyer i.e. sea
freight to the UK, unloading, handling, storage, haulage, import
duty and taxes.
- To
calculate the true cost, you need to obtain a packing specification.
Freight, unloading, storage and haulage charges are based on the
weight or cubic measurement of a consignment whichever is the
greater. Import duty is based on the CIF Value i.e. Cost (FOB
value), Freight and Insurance. The duty rate is based on a customs
tariff depending on the products i.e. aluminium 7604 @ 7.6% Customs
offer a classification service or you could contact a Freight
Forwarder.
- One
final consideration, the Customs Tariff Heading may need an import
licence check before authorising shipment as these are
not always granted. Again Customs or a good Freight Forwarder
could advise.
We
are buying product from overseas for resale. Export is 80% of
our business. Any suggestions?
If you are importing dutiable items you can avoid, delay or reclaim
payments in several ways e.g.
- Customs
Bonded Warehouse store goods up to 5 years without payment
of Duty or VAT. If exported outside the European Union, no Duty
or VAT payable. If for use within the European Union, Duty and
VAT payable by deferment account 15th of next month.
- IPR
Inward Processing Relief. Different regimes depending on
circumstance. IPR Suspension no payment, evidence of export required.
IPR Drawback pay at import, reclaim when exported
- END-USE
Civil Aircraft Parts no duty payable, evidence of use required.
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