PE 425 – BASICS OF COMMERCIAL DIPLOMACY Online/Distance Learning Course SECTION 12A BASICS OF SUPPLY CHAIN AND VALUE CHAIN MANAGEMENT ALAN L. WHITEBREAD THE NETWORKED ECONOMY’S IMPACT ON PORTER’S FIVE FORCES You need to understand these five forces to put your firm in the best competitive position. Entry by potential competitors Bargaining power of suppliers Bargaining power of buyers Threat of substitute products Rivalry among existing competitors See Michael E. Porter’s Competitive Strategy [Free Press, 1980] for a comprehensive study. SUPPLY CHAINS VS. VALUE CHAINS* SUPPLY CHAIN The set of all value-added business entities and flows that perform/support the logistics functions required for production. These focus on upstream supplier and producer processes, efficiency, and waste reduction. LOGISTICS VALUE CREATION Enhancing value by examining every single event, process, and/or system from raw materials through customer satisfaction. All activities [regardless of ownership] that seek to enhance firm performance through the efficient systems for transporting and storing products. This tends to focus on downstream value creation for the customer. THE VALUE CHAIN MARKETING DISTRIBUTION Firm A Firm B } Potential Customer A Customer B Conflict Customer C CHANGE Requires continual adjustment by all. UNCERTAINTY IS ASSURED Choice – Competitive behavior - Negotiations SUPPLY CHAIN MANAGEMENT [SCM] A network that performs the functions of: – Procurement • purchasing or materials management – Conversion of materials into work-in-process [WIP] and/or finished products – The management of inventories – Distribution of products to all resellers and direct customers – Creating and improving support systems THE SUPPLY CHAIN AT WORK Toyota builds more than 600,000 cars per year in Europe utilizing ~200 1ST TIER suppliers with more than 400 factories. The number of suppliers grows exponentially as you go to the 2ND and 3RD TIER suppliers. UPSTREAM DOWNSTREAM STEEL UPSTREAM DIRECT FORD, GM DEALERS RENTAL COMPANY SUPPLIER SUPPLIER CHRYSLER AGENCIES 3RD TIER 2ND TIER 1ST TIER OEM Manage all other tiers. STEEL FASTENERS RADIATORS Raw materials, semi-finished, and component products CONSUMERS BUSINESSES CONSUMERS FLEETS SPECIAL VEHICLES VEHICLES Finished products and components THE VALUE CHAIN: Basic Functions The efforts to increase value to any or all entities from raw materials suppliers through customer satisfaction. • Firm Infrastructure – Financing of all needs, planning systems, investor and certain stakeholder relations, administration • Human Resource Management – Recruiting, training, career planning, compensation systems, benefits, legal HR compliance • New Product & Technology Development – Design, development testing, process design, research of all types THE VALUE CHAIN: Operating Functions • Operations – Assembly, manufacture, and / or procurement of components and finished products • Logistics – Material flow, order processing, warehousing, scheduling, shipping, and reporting • Marketing – New product development, marketing programs, sales, integrated marketing communications, customer relations [installation, support, and repair] MANAGEMENT NEEDS VALUE CHAINS BECAUSE OF • A large and expanding variety of products • Rapid change in products • Shorter product life cycles and life cycle stages SUPPLY CHAINS Multiple demand schedules 70 60 50 40 30 20 10 0 1 2 Wholesaler 3 Retailer 4 5 Internet 6 Total MATERIALS REQUIREMENTS PLANNING [MRP] • • • • • • • • Master scheduling Item lead time analysis Inventory analysis and tracking at all levels Purchase requirements per time period Shipment forecasts Lead time analysis Purchase order generation Like Enterprise Resource Planning [ERP] DEMAND AND MAKE TO ORDER PRODUCTION SCHEDULE 1000 900 800 700 600 Level loaded facility – usually the lowest cost of operation 500 400 300 200 100 0 1 Distributors 2 3 Wholesalers 4 Retailers 5 6 Produced TOTAL PRODUCTION COST 9,000 8,000 7,000 6,000 5,000 Likely lowest cost schedule. 4,000 3,000 2,000 1,000 0 1 2 3 Make to order 4 5 Continuous 6 SCM ISSUES • VENDOR INVOLVEMENT – Flexible Business Relationships can be part of any of the following. • • • • • Purchasing agreements Blanket purchase orders Single source arrangements Primary / secondary sourcing Alliances SCM ISSUES • VENDOR INVOLVEMENT – Infrastructure compatibility – Packaging [at all stages] – Packaging shipment systems • Customer required SCM ISSUES • VENDOR SECURITY: CONTAINERS – Some of many key questions are shown below. • • • • Where have they been? Where did they stop? Who had access? What security exists for transportation and port workers? • What are the security checks and verifications used by your carriers? THIRD PARTY LOGISTICS PROVIDERS [3PL’s] • Outsourced logistics functions include but are not limited to – Freight and transportation services, freight payments, and auditing – Fleet management – Carrier selection and rate negotiations – Warehousing operations – Logistics information systems – Supply chain management BENEFITS FROM USING A THIRD PARTY LOGISTICS SUPPLIER [3PL] • The savings for all supply chain functions in year one generally exceeds the projected cost of operation. – Year one freight payment savings – Year one inventory management savings – Potentially many more HOW SHOULD I SELECT A 3PL? • General Issues – – – – Price competitiveness Financial stability Experience in the same industry or with similar companies Ability to service all locations including international • 3PL Capabilities – – – – – – Information systems and technology capabilities Customer service Capacity and expansion capabilities Flexibility management style Responsiveness The ability to meet or exceed promises SECTION 12A: REVIEW • You should now have knowledge of – Porter’s Five Forces Model – How supply chains and value chains work – SCM issues – 3PL selection and metrics PE 425 – BASICS OF COMMERCIAL DIPLOMACY Online/Distance Learning Course SECTION 12B LOGISTICS, PACKAGING, TRANSPORTATION, AND FEDERAL SECURITY REGULATIONS ALAN L. WHITEBREAD SUPPLY CHAIN MANAGEMENT [SCM] COMPONENTS INCLUDE • • • • • • Facility Location Customer Service Order Processing Demand forecasting Production Scheduling Facility Management LOGISTICS • Material Handling • Inventory & Control • Transportation • Purchasing • Packaging • Standards • Warehousing • Return Goods Handling • Salvage and scrap disposal LOGISTICS • Involves the processing and tracking of goods during warehousing, inventory control, customs documentation, shipment, transportation, and delivery of products. • Right Goods - Right Place - Right Time - Right Cost – Right Configuration – Right Order • Logistics is important because those expenditures represent up to 15% of manufacturing cost, up to 26% wholesale or retail costs, and consume around 25% of the firm’s assets. • A total systems approach is usually employed in sophisticated logistical systems. – Every part of a logistics system interrelates with all the other parts! – If you evaluate any part of a logistics system, make sure you understand what any change will do to the entire system! LOGISTICS DECISIONS • Order processing – The efficient processing of customer requests. • Inventory control – Managing inventory to the maximum benefit of the firm and its customers. • Materials handling and warehousing – The efficient storage and movement of inventory. • Transportation management – Arranging for the timely and cost-effective delivery of inventory. TYPICAL LOGISTICS GOALS • Market coverage – We will operate a network of stores so that 90% of the U.S. population can reach one of our stores in less than four hours travel time. • Customer service level – All customer calls will be answered within two minutes. • Product fit – All products in the product mix must represent at least 2% of that product line’s sales. • Cost minimization – You create a state for this. LOGISTICS PERFORMANCE METRICS • COST-BASED METRICS – Total dollars as a percentage of sales – Cost per unit of volume – Cost improvement [decrease operating expense] – Reduced transportation expense – Reduced expedited shipments – Reduce maintenance expense –… LOGISTICS PERFORMANCE METRICS • CUSTOMER SERVICE-BASED METRICS – – – – Stock-outs Shipping errors Customer feedback Service / quality index INVENTORY AND CONTROL Inventory costing methods • FIRST IN, FIRST OUT (FIFO) – The oldest cost incurred is the first cost charged to production. The latest costs are shown in the inventory. • LAST IN, FIRST OUT (LIFO) – The latest cost incurred is the first cost charged to production. The oldest costs are shown in the inventory. MARGINAL INVENTORY COST 16.00 14.00 12.00 Set-up cost 10.00 Production cost 8.00 Holding cost 6.00 Total cost 4.00 2.00 0.00 100 500 1000 2500 5000 UNITS IN INVENTORY CYCLE TIME INVENTORY PER TIME PERIOD 1600 1400 Simple min-max inventory system 1200 1000 800 600 400 200 0 1 1 2 3 4 5 6 2 7 8 9 10 11 Cycle frequency, time [duration], and magnitude [stockout, minimum, maximum, average, safety stock ↑ ] 12 CAUSES OF INVENTORY PROBLEMS • • • • Poor quality of raw materials Poor delivery performance Unscheduled production downtime Excess lead times: production decides to increase inventory CYCLE TIME MANAGEMENT BENEFITS • Reduced total inventory levels • Lower total cost schedules • Shorter time-to-market • Improved sales forecasting and production scheduling INTERNATIONAL CYCLES ARE AFFECTED BY • WAIT TIMES – For a complete set of order documents – Inserting the order into the schedule • EXTENDED TRANSPORTATION TIMES – Ports – Ship arrival, loading, transit, and unloading • VERIFICATIONS AND INSPECTIONS – Customs – Other inspections required by the importing country or customer TRANSPORTATION COST FACTORS • • • • Dollar cost vs. Total cost Distance Density Handling – Refrigeration, cranes, … • Liability – Susceptibility to damage, perishability, theft, HAZMAT, value per pound • Market factors – Fuel TYPES OF CONTAINERS • Dry freight – General purpose container • High cube – 9’6” high vs. standard 8’6” for additional volume • Reefer or insulated or refrigerated – For cooling, freezing, or heating of foods or chemicals • See http://forum.europa.eu.int/irc/dsis/coded/info/data/coded/en/gl007607.htm for a complete ISO listing. PACKAGING ISSUES: INTERMODAL STRESS POINTS PLACE FORCES Truck Acceleration / Deceleration [increasing speed; slowing; stopping] Centrifugal [making turns; curves] Retardation [slowing; stopping] Vibrations from movement and bumps Transfer point Acceleration [lifting; lowering] Impact [dropping onto surface] Retardation [slowing; stopping] Rail car Same as truck plus Shunting [train car switching operations] Port Same as truck plus Impact [dropping onto surface] Ship Centrifugal [ship movements] Heaving [the movement of the ship in response to the waves] Pitching [the up-and-down motion of a ship] Rolling [the side-to-side motion of a ship] Swaying [the rocking motion of a ship] Vibrations [caused by wave and impact forces] Yawing [the degree to which the ship is pointed away from its intended course] FEDERAL SECURITY DEVELOPMENTS • U.S. Customs - Container Security Initiative [CSI] – Currently 20+ nations and 50+ ports including all 20 of the world’s largest ports. – See http://www.cbp.gov/xp/cgov/trade/cargo_security/csi/csi_in_brief.xml for CSI In Brief. – See http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/csi/csi_strategic_plan.ctt/csi_strategic_plan.pdf for the CSI Strategic Plan presentation. – See http://www.cbp.gov/xp/cgov/newsroom/fact_sheets/travel/ for a Fact Sheet. – Identify and pre-screen high-risk U.S. inbound containers at the port of departure or the U.S. port for • physical examination or • non-intrusive inspectional [NII] equipment [gamma-ray or Xray imaging] and radiation detection equipment FEDERAL SECURITY DEVELOPMENTS: AN OCEAN SHIPMENT TO THE U.S. Container Security Initiative [CSI] [50+ Participating Ports Only] Manifest goes to Homeland Security 24 hours before loading. Container is loaded onto a truck which passes through at least one detection device. U.S. Customs and Border Protection at participating port verify information and provide an OK to load. At sea, the manifest is sent to the U.S. Coast Guard. ≥96 hours before entering the U.S. the ship identifies itself and all crewmembers Coast Guard inspects the ship. Customs verifies only U.S. bound containers are offloaded. Coast Guard allows entry or intercepts ship far offshore FEDERAL SECURITY DEVELOPMENTS • U.S. Customs Trade Partnerships Against Terrorism [C-TPAT] – Provide the highest level of security through close cooperation with the owners of the supply chain, importers, carriers, brokers, warehouse operators and manufacturers through a detailed self-assessment process. – Requirements vary by type of carrier or storage. – For details see http://www.cbp.gov/xp/cgov/newsroom/fact_sheets/port_security/ctpat_sheet.xml SECURITY DEVELOPMENTS • Different devices are being tested and/or used to improve container security in the U.S. – Nuclear material scanner – UV or X-RAY scanner – Scent analysis – RFID container tags PRICE EFFECTS • The total cost of international products may be increased due to – product modification, container / packaging issues, and / or documents and their preparation. • Price escalation of international products may be caused additional shipping, insurance, and packaging costs and / or tariffs, special taxes, and exchange rate fluctuations. SECTION 12B: REVIEW • You should now have knowledge of – The logistics part of SCM, goals, and performance metrics – Inventory methods [FIFO, LIFO] – Cycle time concept and its key components – International cycles – International transportation and container types – Packaging – U.S. security measures including CSI and C-TPAT PE 425 – BASICS OF COMMERCIAL DIPLOMACY Online/Distance Learning Course SECTION 13A BASICS OF INTERNATIONAL FINANCIAL INSTRUMENTS - I ALAN L. WHITEBREAD FOREIGN EXCHANGE • MANAGING RISK – CURRENCY REGULATION • IMF CLAUSE VIII – Guarantees currency conversion – There are potential P&L and Balance Sheet issues due to currency translation and / or financial statement consolidation. • ISSUES – Inflation and inflation rates – Government policies • Taxation, investment, monetary policy, money flow, … Sales Contract Payable in Foreign Currency The EXPORTER and IMPORTER enter into a Sales Contract requiring payment to be made in U.S. Dollars. So the IMPORTER must convert the their home currency into U.S. Dollars for payment. Businesses use a foreign exchange table or a cross-exchange table to determine rates. CROSS-EXCHANGE TABLE Read down the column for the sell price. Read across the row for the buy price. original USD GBP EUR JPY USD - 1.616 1.1378 0.0084 GBP 0.619 - 0.7041 0.0052 EUR 0.879 1.420 JPY 118.9750 192.2800 135.3500 0.0074 - METHODS OF PAYMENT • International trade presents a spectrum of risk, causing uncertainty over the timing of payments [and their relative values] between the exporter [Seller] and the importer [Buyer]. METHODS OF PAYMENT Least Cash in Advance RISK TO THE EXPORTER Confirmed Irrevocable L/C Irrevocable L/C Documentary Collection Sight Draft for Documents Against Payment Most Youngest Most Consignment Open Account Time Draft for Documents Against Acceptance COST FOR THE BUYER AGE OF THE RELATIONSHIP Least Oldest CASH IN ADVANCE 1. The IMPORTER pays for goods per the EXPORTER’s terms. 2. The EXPORTER only ships goods after receiving and validating payment from the IMPORTER. This is the most favorable term for the SELLER. CASH IN ADVANCE • THE MOST LIKELY USE IS IF – The Buyer is a new firm; or – There is little or no credit information in the Buyer's country; or – Expert sources put Buyer's country as highrisk; or – There is significant currency fluctuation or currency exchange issues in that country; or – There are small and/or Internet transactions OPEN ACCOUNT 1. The EXPORTER ships goods after IMPORTER’s credit has been checked and a line of credit has been established. Credit is based on history and there is no guarantee of payment. 2. The IMPORTER pays after the goods are received in accordance with the terms agreed to with the EXPORTER. This is the most favorable term for the BUYER. OPEN ACCOUNT • THE MOST LIKELY USE IS FOR – a very good customer with a long history of good prompt payment; or – orders from very large multinationals; or – subsidiary payments to their parent company. – Otherwise, it is a risky credit term. DOCUMENTARY COLLECTIONS • Documents against payment is when – the presenting bank may only release the documents simultaneously with payment from the BUYER. • Documents against acceptance is when – the presenting bank may only release the documents against formal acceptance of a draft [Bill of Exchange] by the BUYER guaranteeing payment n days after the goods were shipped. THE BANK ROLES IN A DOCUMENTARY COLLECTION 1. Facilitate the transaction and verify documents. 2. Assure compliance with the collection order. 3. Act [in good faith] as agents for collection. 4. Banks are under no obligation to do collections for a client. AN INTERNATIONAL DOCUMENTS AGAINST PAYMENT FLOW CHART 1. BUYER receives an Inquiry Letter [IL] from SELLER. 2. BUYER examines the IL and makes a counter offer to SELLER . 4. SELLER issues a Pro Forma invoice to the BUYER. 5. BUYER takes the Pro Forma invoice to its BANK to apply for a Letter of Credit [L/C]. 7. SELLER verifies L/C is correct. 8. SELLER notifies BUYER all is in order and the order will ship on x date. 3. SELLER notifies BUYER it agrees with the counter offer. 6. SELLER receives L/C from BUYER via SELLER’s BANK and BUYER’s BANK. AN INTERNATIONAL DOCUMENTS AGAINST PAYMENT FLOW CHART 9. SELLER ships merchandise. 12. BUYER’s BANK notifies BUYER it has received the export documents. 10. SELLER sends export documents to SELLER’s BANK for collection 13. BUYER inspects the documents. If they are in order BUYER accepts the draft and authorizes BUYER’s BANK to remit payment at maturity. This is accurate for an ocean waybill only! If BUYER has an air, rail, or truck waybill they can collect the goods even though payment is not approved! 11. SELLER’s BANK sends the documents to BUYER’s BANK. 14. BUYER’s BANK remits payment at maturity 15. BUYER’s BANK releases the export documents to BUYER. 16. Only upon payment, can BUYER collect the goods. SIGHT DRAFT DRAWN ON BUYER’S BANK A Sight Draft is payable on demand [when it is presented]. TIME DRAFT DRAWN ON BUYER’S BANK A Time Draft is payable on n number of days after the documents are presented. SECTION 13A: REVIEW • You should now have knowledge of – Foreign exchange rate issues and payments – Contagion, hyperinflation – Cash In Advance, Open Account – Documentary Collections [against payment, acceptance] – Documents Against Payment flow chart and Sight Draft – Documents Against Acceptance and Time Draft PE 425 – BASICS OF COMMERCIAL DIPLOMACY Online/Distance Learning Course SECTION 13B BASICS OF INTERNATIONAL FINANCIAL INSTRUMENTS - II ALAN L. WHITEBREAD LETTER OF CREDIT [L/C] DEFINITION A written document by the Issuing Bank given to the SELLER [beneficiary] at the request, and in compliance with the instructions, of the BUYER [Applicant or Account Party] to make a payment. LAWS AND RULES GOVERNING LETTERS OF CREDIT • The International Chamber of Commerce’s Uniform Customs and Practices [UCP] for Documentary Letters of Credit Publication No. 600. [UCP 600] • The U.S. law that applies is the Uniform Commercial Code [UCC] - Article 5. UCP 600 • Allows for acceptance, partial acceptance, or rejection of amendments to Letters of Credit. • Provides issuance rules for banks • Defines the roles of various banks • Defines acceptable dates • Provides guidance for transfers and transport documents UNIFORM CUSTOMS AND PRACTICES UCP 500 • UCP 600 – See http://wer2031.coolfreepages.com/docs/UCP600.htm for detailed information. • eUCP – bridges the current UCP of paper-based documents with the processing of the electronic equivalent documents – Find detailed information on the Internet. • International Standby Practices 1998 [ISP98] became effective Jan. 1, 1999 – Search the web for detailed information. THE BANK ROLE IN AN L/C 1. Facilitate the transaction and verify documents. 2. Payment guarantee [“Dishonor”] – the bank may not refuse an L/C due to – Breach of contract or non-conformity of goods 3. Transaction [“Rule of Strict Compliance”] – – The documents must be linked to the same goods. The goods must be fully described. A LETTER OF CREDIT IS A THIRD PARTY COMMITMENT Buyer’s Bank Seller’s Bank Seller/ Exporter/ Beneficiary Buyer/ Importer/ Applicant •Sales Contract •L/C Application & Agreement •Letter of Credit LETTER OF CREDIT BRAZILIAN IMPORTER STEP 2 The Brazilian IMPORTER [BUYER] requests its Bank to issue a L/C in their behalf to [technically “and in favor of”] the EXPORTER [SELLER]. IMPORTER’s Bank then requires the IMPORTER [BUYER] to complete and sign an Application & Agreement for a Commercial Letter of Credit. IMPORTER’s total line of credit is reduced by the amount of the L/C when it is issued. BRAZILIAN IMPORTER’s [ISSUING] BANK LINE OF CREDIT • A line of credit generally refers to the total amount of funds a bank will allow a customer to access in various forms. • When a Buyer takes out a Letter of Credit, the funds are set aside and that amount deducted from their available line of credit at the bank. Those funds are no longer available to the Buyer unless the L/C is cancelled by mutual agreement. – So if Buyer takes out a $500,000 L/C, they have $500,000 less available to finance their business operations. LETTER OF CREDIT ATTRIBUTES • Irrevocable – Terms and conditions of the L/C cannot be amended or cancelled without the written agreement of all parties to the L/C. • This type is strongly preferred by financial institutions and sellers and is the most common form. OR • Revocable – The issuing bank [on behalf of the BUYER] may amend or cancel simply by notifying the accepting bank. • The most likely use is for a parent company to cover a very large purchase for one of its subsidiaries. It is rare. LETTER OF CREDIT ATTRIBUTES • Confirmed – SELLER’s bank has verified the L/C and the issuing bank and has added its guarantee for payment to SELLER for the L/C issued by BUYER’s bank. OR • Unconfirmed – SELLER’s bank does not guarantee payment for the L/C issued by BUYER’s bank. Only the issuing bank is assuring payment. GUIDANCE • Exporters are always advised to strongly consider requiring the following. – “Irrevocable Letter of Credit confirmed by a U.S. bank” • “Irrevocable” means the L/C can not be changed without both parties agreement. • “Confirmed” means Buyer’s Bank is guaranteeing payment to Buyer. If there is a problem, it is between Buyer’s Bank and Seller’s Bank but it does not affect Buyer’s payment. TYPES OF LETTERS OF CREDIT • Transferable – This must be marked as “transferable” on its face. – It allows two or more parties to be paid from the L/C while keeping their identities unknown to each other. • The most likely use is for an exporter acting as an intermediary of some type. • For instance, a transferable L/C is issued to the exporter. The exporter pays its supplier. The L/C is transferred to the exporter which then receives the balance of the L/C. TYPES OF LETTERS OF CREDIT • Back-to-Back – It is marked as “back-to-back” on its face and is separate from the original L/C. – It allows some payments before collections are received. • The most likely use is for an exporter having to pay suppliers to complete an order before the customer pays for the goods. • For instance, an exporter has an L/C. Then a Back-to-Back L/C is issued to pay the exporter’s named suppliers within a certain amount of time but before payment is due on the original L/C. TYPES OF LETTERS OF CREDIT • Revolving – It provides a credit limit to allow a free flow of goods until the expiration date. Thus, it eliminates the need for opening an L/C for every shipment. • The most likely use is for a BUYER wanting to purchase merchandise from numerous suppliers on a regular basis. • For instance, BUYER opens a Revolving L/C for $1,000,000. Buyer can then arrange for payment “in favor of” however many suppliers and amounts as long as it does not exceed the original amount unless amended. TYPES OF LETTERS OF CREDIT • Red Clause – It allows payment to an exporter before documents are presented. This provides pre-export financing for the purchase or manufacture of the goods. • The most likely use is for a BUYER to provide credit for a small but key supplier. Payment can be in part or in full as specified and is financed by BUYER’s bank. TYPES OF LETTERS OF CREDIT • Standby – It is used to guarantee that a party will fulfill all its obligations. • The most likely use is for a parent company to provide access to a certain amount of money for subsidiary if it is needed for usually specified reasons. • It may also be used similarly to a performance bond. In this manner, if the SELLER can not perform according to the sales contract, BUYER can draw the balance from the Standby L/C. CONSIGNMENT Consignment may also occur at distributors [industrial products] and dealers or retailers [consumer products]. STEP 1 In this example, EXPORTER delivers goods to their MANUFACTURER’s [Sales] REPRESENTATIVE under an agreement that the MANUFACTURER’s REPRESENTATIVE will store the goods and sell it to COMPANY A. The inventory is on the MANUFACTURER’s books until it is delivered and invoiced to COMPANY A. CONSIGNMENT STEP 2 The MANUFACTURER’s [SALES] REPRESENTATIVE sells the goods to COMPANY A for a commission. Then the EXPORTER receives payment from COMPANY A. Payment of the commission to the MANUFACTURER’S [SALES REPRESENTATIVE] occurs according to agreed terms usually after EXPORTER receives payment. BANKER’S ACCEPTANCE • Negotiable instruments [time drafts] to finance the export, import, domestic shipment or storage of goods. • Must be drawn on and accepted by a bank. • It is accepted only when a bank writes “accepted” on the draft which shows its agreement to pay the draft at maturity. • A bank may accept the draft for either the drawer or the holder. TRADE ACCEPTANCE • The same as a Banker’s Acceptance except it is between firms and does not involve a bank. ELECTRONIC METHODS OF PAYMENT • Society for Worldwide Interbank Financial Telecommunication [SWIFT] http://www.swift.com • TradeCard – http://www.tradecard.com/ BANK GUARANTEES • Advance payment guarantee – This provides protection for BUYER[s] who are asked to provide payment before goods or services are supplied. If SELLER fails to fulfill their contract, BUYER has recourse to the guarantor to recover any advance payment they have made. • Performance / bid bond – This guarantees the fulfillment of the contract and payment to all subcontractors and material suppliers. It is submitted by the winning bidder upon award of the contract. • Staged payment structure – Allows specific payments at specific points in time or at the fulfillment of key events. NONPAYMENT • Nonpayment may occur for – Civil unrest, or – Foreign currency controls, delays, or shortages – Should any of these occur, advise your American client to seek local legal counsel immediately. NONPAYMENT • Numerous collection challenges exist. – Collection in country – Arbitration, mediation, conciliation – Legal action [Litigation] – This is for local legal counsel to undertake on your American client’s behalf. LITIGATION • Results are always uncertain. • Can be very expensive—potentially multiples of the cost of the suit in the U.S. • Advise your American client to seek local legal counsel immediately. MINIMIZING THE RISK OF NONPAYMENT • • • • Cash in Advance [CIA] Payment against documents “Irrevocable L/C confirmed by a US bank” Security interests in or liens against the property being sold or delivered – Not available in every country • Purchase export credit insurance – See Section 14 SECTION 13B: REVIEW – Selected methods of payment • Cash In Advance, Open Account • Documentary Collections [against payment, acceptance] • Documents Against Payment flow chart and Sight Draft • Documents Against Acceptance and Time Draft • Letters of Credit – – – – UCP 500 and UCC Article 5 Names of parties L/C flow chart Types of L/C’s • Banker’s Acceptance • Electronic payment: SWIFT and TradeCard® • Non-payment, litigation, and minimizing the risk of non-payment PE 425 – BASICS OF COMMERCIAL DIPLOMACY Online/Distance Learning Course SECTION 14 BASICS OF INTERNATIONAL TRADE: EXPORTING AND IMPORTING ALAN L. WHITEBREAD WORKING CAPITAL MANAGEMENT • This is the management of short-term assets and liabilities. • Net working capital equals Current assets – current liabilities • Some of the key questions in working capital management include – – – – How much cash should we hold? How much inventory should we carry? What are the financial implications of our credit policy? Where can we get short-term loans up to $...? FUTURE VALUE [FV] • The value of a fixed amount n time periods in the future. • Assume you start your career making $35,000 per year [S]. Also assume you never change jobs but keep up with the average rate of inflation [r = 4%] for your entire 42-year career [n=42]. What would you be making when you retired. – The formula is FV = S * [1+rn] – Build a spreadsheet and calculate the answer. – Did you get $181,747.40? COMPOUNDING • The value of identical cash deposits at the end of each time period for n periods. • Assume you deposit $1,200 per year in a savings account and earn an interest rate [net after taxes] of [r = 3%] for your entire 42-year career. How much money will this provide toward your retirement? – The formula is C = S * [1+r]n – Build a spreadsheet and calculate the answer. – Did you get $101,380.67? PRESENT VALUE [PV] • The value of a fixed amount n time periods expressed in today’s currency. • Assume you are making $100,000 [$S] per year. Your employer offers you a five-year contract [n=5] that will increase your annual salary to $150,000 per year in the fifth year. Assuming a 9% [r] inflation rate, will this be worth more or less than you are currently making? – The formula is PV = S * [1/[1+r]n] – Build a spreadsheet and calculate the answer. – Did you find that the $150,000 in year five was worth only $97,489.71 in today’s money? DISCOUNTED CASH FLOW [DCF] • This is the process of valuation by finding the present value [PV] of some amount in the future. • It can be calculated for a single amount or for multiple amounts over time. GOVERNMENT ASSISTANCE: EXIMBANK • Supported countries – http://www.exim.gov/tools/country/country_limits.html#tblL • Products – Working capital [90% - 100% bank coverage] – Insurance [generally up to 85% of contract value] – Loan guarantee [up to 100% to $10,000,000] – Direct loan [generally over $10,000,000] – Special initiatives • http://www.exim.gov/products/special/index.html GOVERNMENT ASSISTANCE: OPIC • Products – FDI Political risk [to 270% on initial investment] • Currency inconvertibility • Expropriation • Political violence – Lending • Many programs; any size of business – Investment and private equity funds COMMERCIAL SOURCES OF PRIVATE EXPORT CREDIT INSURANCE • These reimburse the seller for losses due to a buyer’s bankruptcy, insolvency, or payment default. It extends to include non-payment due to political events in the buyer’s country, such as currency inconvertibility or import license cancellation • It enables you to offer open terms of payment to Qualified Buyers. Some sources include – – – – CNA Hartford Chubb Many others SECTION 14: REVIEW • You should now have knowledge of – Working capital issues – Financial concepts – EXIMBANK – OPIC PE 425 – BASICS OF COMMERCIAL DIPLOMACY Online/Distance Learning Course SECTION 15 BASICS OF INTERNATIONAL TRADING AREAS AND AGREEMENTS ALAN L. WHITEBREAD IMPLICATIONS • Benefits of trade – New markets open and small markets grow – Consumers have greater access to products and services from around the world – Competition makes domestic firms more efficient. • Trade Barriers are a Marketing Challenge – Trade Barriers • • • • Raise prices for imported products Limit how much non-members [of a trade area] can sell Increase relative profitability of members Generally dampen demand SELECTED MAJOR TRADING AREAS • CACM Central American Common Market • CARICOM Caribbean Community and Common Market • EAEC East Asia Economic Caucus • Formerly ASEAN Assoc. of Southeast Asian Nations • EFTA European Free Trade Area • EU European Union Mercosur • NAFTA North American Free Trade Area FORMS OF ECONOMIC INTEGRATION • There are six different forms of regional economic integration from simplest to most complex are: – – – – – – Free Trade Area Customs Union Common Market Economic Union Monetary Union Political Union FREE TRADE AREA [FTA] Encourages trade among its members by eliminating trade barriers (tariffs, quotas, and other non-trade barriers [NTBs]). -EFTA [European Free Trade Area] -NAFTA [North American Free Trade Area] -LAIA [Latin American Integration Association] -CIS [Commonwealth of Independent States] -there are many FTAs around the world FREE TRADE AREA: RULES OF ORIGIN – BASIS FOR CALCULATION Preferential Trade Agreement [PTA] MC%-RVC% Value Point [% if applicable] PANEURO 50-30 Ex Works NAFTA 60-50 60 FOB; 50 cost of production [COP] MEXICO-CHILE 50-40 50 FOB; 40 COP CANADA-CHILE 35-25 35 FOB; 25 COP US-ISRAEL 35 Ex Works US-JORDAN 35 FOB CUSTOMS UNION Combines the elimination of internal trade barriers among its members and the adoption of common trade policies toward nonmembers [unfortunately, these tend toward high common external barriers, thus negating the benefits of free trade]. -Mercosur Argentina, Bolivia, Brazil, Chile, Ecuador, Paraguay, Peru, Uruguay, and Venezuela COMMON MARKET This goes a step further than a customs union by eliminating barriers that inhibit the movement of factors of production—labor, capital, and technology—among its members. -CACM [Central American Common Market] ECONOMIC UNION The full integration of the economies of two or more countries. -Eliminates internal trade barriers -Adopts common external trade policies -Abolishes restrictions on the factors of production among members and requires members to coordinate economic policies -monetary policy, fiscal policy, taxation, and social welfare programs Afro-Malagasy Economic Union [Benin, Cameroon, Central African Republic, Chad, Gabon, Ivory Coast, Mali, Mauritania, Niger, Zaire] MONETARY UNION A Common Market with a common currency and a supranational central bank. -EU [beginning January 1, 1999] POLITICAL UNION The complete political and economic integration of two or more countries thus making them one country. -[Former USSR] DEGREE OF INTEGRATION Stage of Integration Abolition Of Tariffs Common Tariffs Factor Restrictions Social, Economic, Regulatory Free Trade Yes Customs Union Yes Yes Common Market Yes Yes Yes Economic Union Yes Yes Yes Yes Political Union Yes Yes Yes Yes Political Yes CHARACTERISTICS OF TRADE AREAS: EU – KEY ISSUES • ENVIRONMENTAL – THE GREEN DOT “Grüne Punkt” SYSTEM • Germany’s packaging recycling system • http://www.gruener-punkt.de/?L=1 • A world leader, watch for developments in France and Japan – Restriction on Hazardous Substances [RoHS] • Prohibits the use of lead in electronics • Requires material declarations • See Oracle’s program for RoHS and others – http://www.oracle.com/industries/high_tech/rohs_overview.pdf CHARACTERISTICS OF TRADE AREAS: EU – KEY ISSUES • PRODUCT AND CONFORMITY – ISO 9000 SERIES SYSTEMS • For consistency/reliability, not a quality system – THE CB SCHEME • For electrical products – CE MARKING • For product approval EU – KEY ISSUES • CE MARK – French "Conformite Europeene" – A new approach to product approval – The CE mark certifies that a product has met EU health, safety, and environmental requirements, which ensure consumer and workplace safety. CHARACTERISTICS OF TRADE AREAS: EU – KEY ISSUES • CE MARKING – OBTAIN CE CERTIFICATION • 3 DIFFERENT WAYS • OBTAIN A DECLARATION OF CONFORMITY – AFFIX THE CE LOGO – THE CE MARK & A Declaration of Conformity are legally required for a product to be sold in the EU. CUSTOMS AND TAXATION http://europa.eu.int/comm/taxation_customs/customs/index_en.htm • • • • Valuation Rules of origin Procedures and duty issues Container security TRADING AREAS - NAFTA • U.S., CANADA AND MEXICO • AGREEMENT ON TRADE, INVESTMENT, LABOR, AND THE ENVIRONMENT – ORIGINAL TARGET: NO TARIFFS BY 2005 • CERTIFICATE OF ORIGIN REQUIREMENTS ARE COMMON TRADING AREAS – MERCOSUR • Signed by 4 initial members 1/1/1991 – Immediately eliminated tariffs on 90% of the goods traded within the bloc – Exceptions phased out in 1999 • Established an average common external tariff of 14% to 85% of the goods imported from nonmembers FTAA GUIDING PRINCIPLES • Preservation and strengthening of the Americas. • Well-being through economic integration and free trade. • Eradication of poverty and discrimination. • Guarantee of sustainable development and preservation of the environment for future generations. • Status: currently in discussion TRADING AREAS – EAEC East Asia Economic Caucus • Effective November 6, 2001 – ASEAN + China + Japan + South Korea • Gross GDP >$2 trillion • See http://www.infoplease.com/ipa/A0874911.html SECTION 15: REVIEW • You should now have knowledge of – The cost of protectionism – Selected major trading areas – Forms of economic integration – Characteristics of trade areas • EU - CB Scheme, CE Marking – NAFTA, MERCOSUR, FTAA, ASEAN [EAEC] PE 425 – BASICS OF COMMERCIAL DIPLOMACY Online/Distance Learning Course SECTION 16 CHOOSING FROM GROWTH ALTERNATIVES ALAN L. WHITEBREAD FINANCIAL CONSOLIDATION ISSUES • Cross-border income • Tax liability and payments • Treatment of subsidiaries, affiliates, mergers, and acquisitions • Currency translation, gain, and loss • Disclosure URUGUAY ROUND: TRIMS & TRIPS • TRIMS – TRADE-RELATED INVESTMENT MEASURES • prohibits members from imposing or maintaining certain measures relating to investment that adversely affect trade in goods • TRIPS – TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS • attempts to increase the commonality of IP laws and minimum standards for protecting IP among member nations WTO - DUMPING • Article VI of GATT [Tokyo Round] allow contracting parties to apply anti-dumping measures to an export priced below its “normal value”. – Usually the price of the product in the exporting country – If such dumped imports cause injury to a domestic industry in the importing country. • The Uruguay Round negotiations have resulted in improvements to many weak or unclear areas of the current Agreement. WTO – SUBSIDIES & COUNTERVEILING MEASURES • “Prohibited” subsidies are 1. Contingent upon export performance, OR 2. Based upon the use of domestic versus imported goods WTO – SUBSIDIES & COUNTERVEILING MEASURES • “Actionable” subsidies show – – “Serious prejudice” when the subsidy exceeds 5% of the ad valorem value the burden of proof is on the granting country to show no serious prejudice WTO – SUBSIDIES & COUNTERVEILING MEASURES • “Non-actionable subsidies can be either – non-specific subsidies, or – specific subsidies involving • assistance to industrial research and precompetitive development activity, or • assistance to disadvantaged regions, or • certain type of assistance for adapting existing facilities to new environmental requirements imposed by law and/or regulations FOREIGN DOMESTIC INVESTMENT [FDI] • Foreign domestic investment [FDI] is the investment in real assets such as factories, offices, or distribution facilities. • Foreign portfolio investment [FPI] is the investment in bonds, debt instruments, or stocks. FDI COUNTRY COMPARISON ITEM CZECH REPUBLIC RUSSIA None Many Very high Medium Domestic market size Small Large Access to major markets Close Close Exchange / capital controls Total FDI The exchange / capital controls may be so significant to Firm A that the major facility is in the smaller Czech Republic and the minor one in Russia. FIRMS INVEST IN FDI TO • Have production to satisfy local demand or export to other markets • Gain access for less expensive or a greater quantity of raw materials. • Shift production to countries where one or more of the factors of production are significantly less expensive. • Gain access to new technologies or managerial expertise • Establish operations in countries unlikely to interfere with private enterprise TYPICAL FDI INCENTIVES • • • • • • • • • • Tax credits, exemptions, deferrals, or deductions Land and/or building[s] Grants Equipment R&D Training Relocation Easy regulatory approvals Subsidies Many more FINANCIAL CONSOLIDATION ISSUES • • • • Chart of Accounts Taxation Currency translation Rolling into consolidated corporate level financial statements • Special issues with goodwill, subsidies, privatizations, and other items KNOWLEDGE OF U.S. TAX LAWS • Corporate • Income • Employee labor in U.S. – Immigrant and local; illegal • Working abroad • Property • Extraterritorial TRANSFER PRICES • The price a parent company charges a subsidiary for products or services from the parent company that are sold by the subsidiary in its market. – If the price is too high, it may encourage a gray market [parallel imports]. – If the price is too low, it may be dumping. TRANSFER PRICING • The price paid by another part of the organization when the product crosses a national border. – Arms-length price (unrelated parties) • Cost-based or negotiated – Most favored customer (best / largest) – Tax implications CORPORATE FIDUCIARY RESPONSIBILITY • All American board members and executives [VP and above] have fiduciary responsibilities to the shareholders whether it is a public or a private entity. CORPORATE FIDUCIARY RESPONSIBILITY • Act in the best interest of the shareholders. • Lead and manage in an ethical and legal manner. • Utilize resources to maximize shareholder value. • There should always be transparent disclosure of information. SECTION 16: REVIEW • You should now have knowledge of – Financial consolidation issues – Uruguay Round: TRIMS and TRIPS – WTO position on subsidies and counterveiling measures – FDI and FPI – International consolidation and tax issues – Transfer pricing – Corporate fiduciary responsibility