I. underwriting and agency methods
Exclusive sales (exclusive sales)
1. The meaning of underwriting
Underwriting means that an export enterprise has reached a written agreement with a foreign underwriter, granting the underwriter the exclusive right to operate a certain commodity or certain commodities in an agreed area and within a certain period of time. In this way, the two sides will establish a relatively stable purchase and sale relationship through agreement, which is conducive to expanding exports.
2. The main contents of the underwriting agreement
(1) agreement name, signing date and place.
(2) The relationship between the two parties to the underwriting agreement. It should be clearly defined that the relationship between underwriters and export enterprises is a buying and selling relationship. The underwriter is not the representative or agent of the seller and has no right to sign the contract in the name of the seller.
(3) Underwriting right and its equivalent conditions. After the seller grants the underwriting right to the underwriter, the seller shall not sell the agreed goods indirectly by himself or through a third party within the agreed time limit and area, nor shall he choose another buyer or agent for the agreed goods in the same area. As a condition of reciprocity, at the same time, it is stipulated that the insurer shall not sell or sell in disguised form goods from other sources that are the same, similar or competitive with the agreed goods within the agreed time limit and area.
(4) The commodities, regions and time limits to be insured. In the underwriting agreement, it is necessary to make clear and specific provisions on the types, names and specifications of the goods to be underwritten to avoid disputes in the future.
(5) Minimum purchase amount. It is the quantity that the underwriter must buy from the seller in a certain period of time, and it is the prerequisite for the seller to grant the underwriter the underwriting right.
(2) Agency mode 1. The meaning and nature of agency
The so-called agency means that the agent enters into a contract or carries out other legal acts with a third party on behalf of the principal according to the authorization of the principal, and the principal is directly responsible for the rights and obligations arising therefrom. The nature of agency and underwriting is different. The relationship between underwriters and exporters is a buying and selling relationship. Under the underwriting mode, the underwriter raises funds, takes risks and is responsible for its own profits and losses. However, the relationship between the sales agent and the supplier is not a buying and selling relationship, so the agent does not advance funds, take risks, bear profits and losses, and only takes commissions.
2. The main contents of the agency agreement
(l) the agreement and the names of both parties. (2) Designate the agent commodities and agent areas. (3) the rights granted to the agent. If it is an ordinary agency agreement, the principal shall stipulate in the agreement that the principal reserves the right to negotiate the transaction directly with the buyer without the agent's participation. If it is an exclusive agency agreement, there are generally two ways to stipulate: first, the principal provides the agent with absolute agency rights, making it the only exclusive agency in the region, while the owner cannot reserve the right to trade with the buyer in the region; Second, the principal may also reserve the right to supply the goods directly to the buyer, but it is usually stipulated that the principal should pay the commission to the agent. (4) agency commission. Refers to the remuneration paid by the principal to the agent for the promotion of goods. In the agency agreement, the commission rate, calculation basis and payment method should be clearly stipulated.
Second, reciprocal trade.
(A) the meaning of reciprocal trade
Counter Trade, also known as reverse trade or reverse trade, is generally regarded as a trade method that uses goods or services (including intangible property such as industrial property rights and proprietary technology) as a means to repay loans. It combines import and export to form an interrelated whole transaction, and both parties have their own gains and losses. And find their basic balance of payments. (II) Forms of Reciprocal Trade There are many forms of reciprocal trade, but there are three basic forms, namely, barter trade, reciprocal purchase and compensation trade. 1. Barter trade: In traditional barter trade, buyers and sellers exchange goods of equal value, without involving monetary payment or the intervention of third parties. The barter parties sign contracts including mutual exchange of compensation goods to determine related matters; In international trade, goods are often exchanged by opening a letter of credit, that is, both parties sign a barter contract first, and agree that their respective export goods will be paid by letter of credit at an agreed price. The letter of credit opened first shall be subject to the receipt and acceptance of the equivalent or basic equivalent letter of credit opened by the other party. In addition, the foreign exchange settlement agreement signed between countries is actually an extended easy loan method. According to the agreement, the import or export value of either party shall be recorded by the bank designated by the two governments, and the difference shall offset each other within a certain period of time. Some provisions stipulate that the difference shall be carried forward to the next year, while others stipulate that the difference exceeding the agreed swing amount shall be paid in cash.
2. Mutual purchase: Mutual purchase, also known as "parallel trade" or "repurchase", means that both parties buy each other's products. Mutual purchase transactions involve the use of two independent and interrelated contracts; The two parties to the transaction first sign a contract, stipulating that the importing country (usually a developing country) will buy each other's goods (such as machinery and equipment) in cash, and the first exporting country (usually a developed country) promises to buy back the goods within a certain period of time in this contract; After that, the two sides also need to sign a contract, specifically stipulating that the first exporting country will use part or all of the proceeds to buy the agreed goods from the first importing country. Mutual purchase is not a simple barter, but a cash transaction, and there is no need for equivalent exchange.
3. Compensation trade: Compensation trade refers to importing equipment on the basis of credit, and then repaying the public funds and interest of imported equipment by installments with the proceeds from selling back products or services.
In compensation trade, according to the difference of the subject matter used for payment, it can be generally divided into three categories:
(1) direct product compensation. That is, the two sides agreed in the agreement that the equipment supplier promised to buy a certain amount or amount of products directly produced by the equipment from the equipment importer. This is the most basic practice of compensation trade.
(2) Compensation for other products. When the traded equipment itself does not produce products or the direct products produced by the equipment are not needed or easy to sell in the international market, both parties can negotiate to buy back other products instead.
(3) Labor remuneration. According to the agreement, foreign businessmen usually purchase the required technology and equipment on our behalf, and the payment is paid in advance by foreign businessmen. After processing and production according to the requirements of foreign businessmen, we will deduct it from the work expenses receivable in stages.
(3) State Bureau of Reciprocal Trade.
After World War II, peer-to-peer trade was widely adopted and developed rapidly all over the world. This is because post-war trade protectionism prevailed, some countries' balance of payments deteriorated, foreign exchange imports were insufficient, and export channels were few, so they had to adopt point-to-point trade combining import and export.