Professional Documents
Culture Documents
Export
Your Export
Guide
This guide has been designed to introduce
Ontario firms, particularly small and medium-
sized firms, to the fundamentals of export
success and the resources available to them.
The text is divided into two main parts: Part One focuses on “how to” and some of the
fundamental components of successful exporting; Part Two lists a range of resources
and organizations available to assist exporters. An Appendix provides further detailed
information.
There are numerous programs, services and networks that can help you build a
successful export program.
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G e t t i n g R e a d y t o E x p o r t
Ontario exporters have already demonstrated that innovation, creativity and careful
marketing are key to giving their products a competitive edge in the global marketplace.
Ontario cars, phone networks, computer software and ready-to-eat entrees are all being
exported with great success. Ontario companies can build on these trading successes by
rigorously promoting their superior goods, skills and services to international customers.
Exporting requires detailed thinking about the unique opportunities and challenges of
foreign markets. Every company, every product and every service has its strengths and
potential. This guide will help you analyze some of the key issues that you need to
consider and offers practical advice for firms new to exporting and those wishing to
expand their export programs. The text is divided into three main parts:
Part I
Focuses on “how to” and some of the fundamental components of successful exporting.
Part II
Lists a range of resources and organizations available to assist exporters.
Appendix
Provides further detailed information.
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T a b l e o f C o n t e n t s
2. First-step–Export Opportunities
2.1 Doing Business in the United States ..........................................................................................9
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
Appendix
A. Implications of FTA/NAFTA for Goods Exporters .....................................................63
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1. Is Your Company Ready to Export?
Part I
The first step in determining whether exporting is a viable option for your company is
to review the strength of your business at home.
Successful exporters are generally those with an established base in Canada. They have
reliable production, excellent reputations for quality, and products that are in demand
in the domestic market and therefore, potentially in international markets. However,
some highly specialized companies that do little or no business in Canada have also
found a niche in foreign markets.
1. management expertise
2. production resources
3. product design and ability to adapt
4. domestic market success
5. marketing skills
6. technology
7. financial resources
8. people resources
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
Because service exporting usually involves the movement of personnel across the
border, you need to become very familiar with immigration regulations and work
permit requirements.
You need to build credibility in the foreign market so that customers there will take a
chance on your service. Find opportunities to showcase your expertise, network with
local contacts, establish a profile in the media–in general, become visible. At least
initially, you need to be building the profile of your firm, rather than focusing on
advertising a particular service offering.
For professional service firms in particular, your top professionals have to do the
marketing–not a sales rep.
For many service exporters, attendance at trade fairs will not be time-effective.
Instead, you may need to find conferences, etc., at which to speak and build visibility.
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1.3 Export Readiness Evaluation
Part I
To help determine your company’s potential for expanding into the export market, ask
yourself the following questions. If you can respond positively to these challenges, then
you are ready to start planning to export!
People Resources:
Do your marketing and technical staff understand how to do business in foreign markets?
Do your professional/technical staff have the necessary certifications in the foreign market?
Will professional staff need to be licensed locally?
Do you have access to additional qualified labour?
Do you have Canadian support staff capable of speaking the relevant foreign languages?
Are your marketing, technical staff and senior executives prepared to spend days, or
even weeks, away from home?
If not, is the company prepared to train or hire people to work in new markets?
Is your senior management prepared to have departments work together to support
an export initiative?
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
Financial Resources:
Do you have excess growth capital to use for foreign market development?
Do you have enough financial resources to manage professional fee withholds at source
(for tax reasons) if applicable?
Are you financially equipped to increase production significantly?
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2. First-step Export Opportunities
Part I
When thinking of doing business beyond Canada’s borders, the best place to start could
be next door. The United States is Ontario’s largest market for good reasons. Under the
Free Trade Agreement, the U.S. market is more accessible to Canadian exporters.
As part of the NAFTA, exporters might also consider exporting to Mexico. This could
prove an important first-step to approaching other Latin-American markets. As trade
agreements are constantly changing, so exporters are well advised to stay on top of the
latest developments.
The United States is the world’s largest and richest national market. Our laws and
customs are similar. Today with the Free Trade Agreement and the North American
Free Trade Agreement, we have access to the best trade opportunities in the world. The
FTA/NAFTA provides Canadian goods exporters with a cost advantage over offshore
competition equal to the U.S. tariffs that these competitors have to pay.
The U.S. market is very competitive; these customers are used to lots of options,
excellent quality assurance, convenient access and rapid response times. Executives are
often quick to reach decisions and may be ready to “make a deal” sooner than
Canadians expect.
These services can project the image of a local presence in the market without the cost of
a local office. There are also services available that provide a complete range of business
support services at reasonable cost such as mini-offices, a local business identity,
corporate representatives, (for the Certificate of Authority) warehousing and shipping.
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
The competition for attention in the U.S. market is intense. Advertising and public
relations can help promote Ontario products in the United States through trade and
consumer magazines and other media. Care must be taken to select media that reach
the required target market and that the product is presented as being as easy to buy
as a U.S. product.
Tax Implications
Canadian firms should be aware of the U.S. tax implications of doing business in the
United States. Generally, if you are exporting and do not have any physical presence in
the United States, you would not be subject to U.S. income tax. Also, be aware that
Canada and the United States have a federal tax treaty that basically gives credit for
taxes paid in the other country on taxes owing in the country of residence.
If a Canadian exporter is deemed to have a “U.S. establishment,” the firm will be liable
for U.S. federal corporate income tax. Exporters need to be aware that the definition of
establishment could cover a warehouse or distribution centre if there are employees.
If you are invoicing from a U.S. address, you will need a Certificate of Authority (or be
subject to a substantial fine) that names your local corporate representative. Such a
representative is a legal point of contact, not necessarily a marketing rep.You need to
verify such requirements with the nearest Canadian Consulate. The Canada-United
States tax treaty provides firms with many advantages and you should get some advice
from a U.S. tax specialist.
Under NAFTA, Canada, the United States and Mexico will accord “national treatment”
to imports of each other’s goods and services and to investors, meaning that each
country will treat the goods and services of the other two partners as if they were
domestically produced and treat foreign investors as if they were nationals.
Here is a brief listing of key areas of benefit to exporters under this agreement:
• temporary entry for business people
• reduction of tariffs
• qualification under the Rules of Origin
• special customs duty programs
• government procurement
• settlement of disputes
• investment
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Under NAFTA, there are many new rules governing border crossing procedures, rules
Part I
of origin requirements and other customs procedures, standards and government
procurement.
Carry with you any correspondence indicating that your are entering the United States
for developing business from a Canadian base or to provide a contractual service for
which an agreement has already been reached. Keep in mind that U.S. Immigration is
concerned about people going across the border looking for jobs/employment. The
border crossing process is being expedited through several multiple-entry visa options.
Professional Qualifications
Under NAFTA, professional associations from the three countries are to work together
to establish standards for mutual recognition of professional credentials. Some
professions (e.g., architects, engineers) have already done so with the United States.
Check with your professional association on the status of such negotiations.
Government Procurement
Under NAFTA there are greater opportunities for Canadian firms to sell to the Mexican
and U.S. governments. For example, under the Free Trade Agreement, procurement
disciplines applied only to goods purchased by federal government departments.
NAFTA, however, expands the scope of obligations to include services and construction,
lowers the threshold for competitive bidding, expands the coverage to include more
U.S. departments and agencies and includes Mexican government purchases.
Like the FTA, NAFTA does not apply to procurement by provincial, state, county and
municipal governments.
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
For the Canadian exporter, Mexico will not be as easy a market to penetrate as the
United States. A different language and business culture will present barriers to those
who are not willing to learn and adapt. But for those Canadians willing to invest time
and energy, Mexico represents an export opportunity. For many companies, Mexico
will be their first non-U.S. export.
Some expect Mexico to be a stepping stone to the whole of South America. The Canada-
Chile free trade agreement was an important first step. There is the prospect of a much
larger unified trading market including the whole of South America. Canadian exporters
should recognize the need to get in early.
A wealth of market research is available. Much of it can be accessed for little or no cost.
Extensive preliminary market research can be done from your own desk. Desktop
research calls for an inquisitive mind and an orderly collection and analysis of
information. This research can save you the price of a return trip to the export market
you are thinking of targeting.
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Low-cost Market Research Approaches
Part I
There is a wide range of organizations and resources that provide exporters with an
inexpensive source of information on potential markets. For more information on the
organizations listed below, see “Low-cost Market Research Aids” in Part II of this guide.
• Canadian Trade Commissioner Service
• trade associations
• major banks
• CanadExport
• Statistics Canada World Trade Database
• major international trade fairs
• International Marketing Consultants
When you’re on holidays, search for sources of export and trade information. Perhaps
your vacation destination could be a market for your product. Would it not be nice to
have a business excuse to get there more often?
An analysis of this market information will help you define export opportunities and
associated risks. This homework is an excellent investment–and it is cheaper than a
plane ticket to your potential market!
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
Your strategy can differ from country to country and from regional market to regional
market.You could find, for instance, that you can easily sell your goods in the United
States, but that your transportation and product tailoring costs make it difficult to
export to Southeast Asia. A joint venture to manufacture in the region might make
more sense. Or a wholly owned investment in a foreign branch plant may best serve
your objectives in the region.
The best strategy for entering a market is one that makes your merchandise most
competitive in that market. Consider the following in assessing your potential to
compete in a target market:
• tariff and non-tariff barriers
• the cost of customizing the merchandise to meet local market requirement
• currency fluctuations
• transportation costs
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While adapting to the market of the host country could significantly increase costs, the
Part I
resulting increase in volume may make it worthwhile. Additional business contributes to
the fixed costs of production even if the profit margin is relatively small.
Remember that when an IFI is involved, you will have two clients, the IFI and the
national government. The Canadian government has a representative at each IFI who
can help you in marketing your services.
Another possibility is to identify a need that is not being met and design a service to fit
that need. In this case, you will want either to have an almost guaranteed customer or
someone to invest in promoting the availability of the new service. In such an endeavour,
a local partner can be very helpful.
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
It is much easier to be referred into the foreign market. To do this you will want to talk
with your present and former satisfied customers to determine whom they could refer
you. Similarly, you can talk to foreign students studying in Canada or recent immigrants
to Canada, about contacts they have in their home country to whom they could refer you.
The easiest of all is becoming so visible in the foreign market that potential customers
approach you. To do this, you will want to adopt strategies such as (Note: “local” here
refers to the foreign market you are targeting):
• join a local business/trade association and become active on a prominent committee
• volunteer as a speaker for a local trade association or business/professional school.
• apply for and secure an award for excellence and then promote that award in the
local market
• become a speaker or panelist for a trade event or professional conference in the
market area
• develop and execute a virtually-free demonstration project
• present an educational seminar on an industry trend of interest, linking the
presentation to what services you can offer
• retain a media consultant and get articles placed in the local media about your firm
Foreign Distributors
A foreign distributor orders goods and resells them to wholesalers, retailers or end users
in his own country at prices they set themselves. Distributorships are usually granted for
a specified territory and the distributor provides after-sales service and technical support.
Your distributor may also agree to develop a market for you with his or her sales force,
appoint dealers, and handle all promotions. If a distributor is appointed on an exclusive
basis, he or she receives sole rights to sell in a given territory. A distributor usually
handles a number of similar product lines.
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Agents
Part I
A sales agent (or representative) in a host country generally works on commission in an
exclusive territory. The agent seeks business, enters into legal contracts with the purchasers
on your behalf and conveys the purchase order to your Canadian base.You then ship to
the purchaser directly. In many instances, the exporter relies on the agent’s judgment
regarding credit risk. Agents often provide some collection support.
Agents may provide a variety of support services, including carrying stock, promoting
services, advertising and repairing goods. When selling through an agent, you have more
control over the market activities than selling through a distributor.
Selling direct is appropriate when the depth of knowledge or expertise essential to sell
your products can only be provided by your own sales staff. It also might be appropriate
if you have relatively few potential customers or where your potential customers are
concentrated in a relatively small geographical area.
Foreign Broker
This is a firm or individual working on a straight commission as agreed to by you.
Brokers usually specialize in bulk commodities. They bring together a buyer and seller
and helping negotiate agreements or contracts.
Licensing Agreements
When an exporter is faced with prohibitive production costs at home, low-priced
competition abroad, transportation problems, or high tariff barriers, a licensing agreement
can be an alternative to market development. The holder of the license then produces the
product in the foreign country; finances and builds manufacturing facilities; and uses the
exporter’s trademark, patents, technical know-how, or training, in return for payment of a
royalty or fee. Franchising is another form of a licensing agreement.
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
The main advantage of licensing is that market penetration can be achieved without
direct investment by the exporter. However, a disadvantage is that a licensee is a
potential competitor upon the termination of the licensing agreement.
Exclusive agreements on sales territory and rights may be included in a license. Laws
and regulations governing license agreements vary from country to country and the
licenser’s lawyer should review the foreign country’s regulations covering the types of
rights which can be licensed legally. Be sure to investigate your legal recourse to enforce
the foreign licensee’s agreement to pay the royalties and the legal if either party should
break the agreement.
Joint Venture
A joint venture is a step beyond licensing. Here, the exporter invests money along with
a foreign investor or investors to produce the product in the host country. Joint ventures
entail many technical considerations and are often covered by special legislation.
Therefore, before entering into a joint venture, it is important to a lawyer with a
thorough understanding of all host country’s relevant laws.
Canadian exporters must treat the U.S. as a market separate from Canada. The events
of September 11, 2001 and the resulting security measures have affected border wait
times, packing legislation, reporting requirements, travel many other export-related
issues.
If you’re a Canadian citizen, there’s no legal requirement for you to present a Canadian
passport in order to enter the U.S. However, given American security concerns it is wise
to acquire and carry one when you cross the border.Your driver’s license or birth
certificate may satisfy an U.S. border official, but your passport is the only definite
proof of Canadian citizenship.
If you need a Canadian passport, you can contact the Canadian Passport Office at
www.ppt.gc.ca.
You can find additional information about the classifications and their related
documentation in two brochures published by International Trade Canada: Cross-
Border Movement of Business Persons at http://www.international.gc.ca/nafta-
alena/cross-en.asp and Temporary Entry to the United States: A Guide for Canadian
Business Persons at www.international.gc.ca/nafta-alena/temp_entry-en.asp.
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ship, including visas and immigration, border cooperation and politics, as well as trade.
After September 11, 2001, Canada and the U.S. signed the Smart Border Declaration
Part I
and Action Plan. This identifies initiatives that promote bi-national cooperation in
border security and management needed to ensure public safety and the security of
both countries’ economies.
Certain programs, such as the Free and Secure Trade program (FAST),
http://www.cbsa-asfc.gc.ca/import/fast/menu-e.html will provide exporters with
new options and new requirements. The FAST program is a joint Canada-U.S.
initiative involving the Canada Border Services Agency, http://www.cbsa-
asfc.gc.ca/menu-e.html, Citizenship and Immigration Canada,
http://www.cic.gc.ca/english/index.html, and the U.S. Bureau of Customs and
Border Protection (CBP). http://www.cbp.gov/.
FAST supports moving pre-approved eligible goods across the border quickly and
verifying trade compliance away from the border. It is a harmonized commercial
process offered to pre-approved importers, carriers, and registered drivers. Shipments
for approved companies, transported by approved carriers using registered drivers, will
be cleared into either country with greater speed and certainty, and at a reduced cost of
compliance. In Canada, FAST builds on the Customs Self-Assessment (CSA) program
and its principles of pre-approval and self-assessment, as well as increased security
measures under the Partners in Protection (PIP) program.
FAST includes aligning the requirements of Canada's PIP program and the U.S.
Customs Trade Partnership Against Terrorism (C-TPAT) program. As part of these
programs, companies will have to adopt and implement security procedures to be
compatible with guidelines set by both customs agencies.
FAST focuses on greater speed and certainty at the border and reduces the cost of
compliance by:
• reducing the information requirements for customs clearance
• eliminating the need for importers to transmit data for each transaction
• dedicating lanes for FAST clearances
• reducing the rate of border examinations
• verifying trade compliance away from the border
• streamlining accounting and payment processes for all goods imported by
approved importers (Canada only)
The Partners in Protection (PIP) program – This program enlist industry’s help in dealing
with terrorism, increasing border security, reducing smuggling and combating organized
crime. In Canada, PIP is managed by the CBSA. Companies that sign up for the program
give the CBSA a self-assessment of their security methods. In return, the CBSA will
help the business remedy any flaws in its security. PIP benefits companies through
faster movement of low-risk personnel and goods through U.S. customs, improved
security for the company and better understanding of customs requirements.You can
find out more about PIP from the CBSA’s Partners in Protection web page at
www.cbsaasfc.gc.ca/general/enforcement/partners.
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
To enroll in C-TPAT, you’ll have to carry out a thorough self-assessment of your supply
chain security, using the C-TPAT guidelines developed by U.S. Customs and Border
Protection.You’ll also have to develop a program to enhance your supply chain security
in accordance with those guidelines. For more information, refer to the C-TPAT web
page of the U.S. Customs and Border Protection website at
www.cbp.gov/xp/cgov/import/commercial_enforcement/ctpat/
Security alerts – The U.S. Department of Homeland Security (DHS) issues revised
security alerts when it believes there is increased danger of terrorist attack. The level of
such alerts may affect movement of goods and people across the border. For details of
the alert levels and what they mean, refer to the DHS Threats and Protection web page
at www.dhs.gov/dhspublic/display?theme=29.
Border security procedures are continuously evolving. The CBSA’s website has a
page that provides the latest border news and updates. Located at
www.cbsa-asfc.gc.ca/general/border-e.html, it includes regularly updated
estimates of the wait times at major border crossings.
Although U.S. customs regulations are very complex, clearing goods into the U.S. can
be relatively uncomplicated if you’re well prepared for it – for example, by preparing
complete and accurate export documentation. Inaccurate or incomplete documentation is
the most common reason for export shipments having trouble entering the U.S.; so a little
extra time spent on your paperwork will contribute to problem-free customs clearance.
There are two major ways in which your goods can enter the U.S. – as a formal entry,
also called a commercial entry, or as an informal entry. Most exports enter the U.S. as a
formal entry, for which U.S. customs regulations recommends the use of a U.S.
customs broker. Informal entry doesn’t require a broker if the exporter accompanies the
shipment, or if the consignee comes to the port of entry to collect it.
A broker will clear your goods through customs quickly, sparing you storage costs. To
find a U.S. customs broker, check the searchable membership directory on the website
of the National Customs Brokers & Forwarders Association of America (NCBFAA) at
www.ncbfaa.org. Alternatively, you can find a broker at a particular port of entry by
visiting the Ports of Entry page on the U.S. Customs and Border Protection site at
www.customs.gov/xp/cgov/toolbox/ports/. Select the port of entry and scroll down
the page to the link for its brokers list.
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Required documentation for formal entry
Part I
Your shipment, if destined for formal entry, will require the following documents and
information:
Commercial invoice – Also known as a business invoice, this must exactly represent the
content and value of your shipment. Never declare goods, such as promotional items or
samples, as being of “No commercial value.” U.S. customs officials may decide to
impose a value of their own or may even refuse entry of the goods. Another invoice tip –
when using part numbers, provide a written description that will help classify the goods
for customs purposes. Also, be sure that each invoice also shows the total amount
charged to the buyer for the shipment; never use the net value.
NAFTA Certificate of Origin – Determining the eligibility of goods for NAFTA treatment
and providing the importer with the Certificate of Origin is the exporter’s responsibility.
To claim NAFTA treatment, the importer must be in possession of a valid Exporter’s
Certificate of Origin from the Canadian exporter that certifies that the goods in
question meet the NAFTA Rules of Origin. Exporters can obtain copies from Canada
Customs and Revenue Agency offices in Hamilton, London, Ottawa and major border-
crossing points, or visit their website at www.ccra-adrc.gc.ca
The marking rules of each NAFTA country apply only to imports from its NAFTA
partners. Accordingly, the U.S. marking rules will pertain only to imports from Canada
and Mexico. Similarly, Canada’s marking rules apply only to imports from Mexico and
the U.S. The NAFTA marking rules do not apply to exports or to goods that are
produced and sold domestically. Marking must be sufficiently permanent to remain in
place unless deliberately removed.
Importer ID Number – Also known as the Customs Assigned Number, this is used by
U.S. Customs to establish bond coverage, release and entry of merchandise, liquidation,
the issuing of bills and refunds, and drawback processing.Your customs broker can help
you obtain the number or you can get it yourself by submitting Form 5106 to U.S.
Customs, available at forms.customs.gov/customsrf/getformharness.asp?form
Name=cf-5106-form.xft.
Bill of lading or airway bill – Your freight forwarder, carrier or broker is responsible for
filling it out. A bill of lading isn’t needed for mail shipments.
Entry manifest – The carrier is responsible for filling this out. Again, this isn’t needed for
mail shipments.
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
Harmonized System Tariff Classification (HS Code) – Depending on the nature of the
goods, the shipment may also need to be accompanied by permits or licenses (if they’re
controlled goods) and a packing list.
Brokers
An local export broker works on a commission basis, and is similar to an overseas agent
or broker. Usually a specialist in certain bulk commodities or manufactured products,
brokers are then in a good position to find buyers for those products in many areas of
the world.
Trading Houses
Selling via trading house is appropriate if you do not have the resources to service a
distribution channel in the market; if an export market is relatively exotic and requires
cultural and market knowledge that you cannot readily acquire; or when you would
prefer not to become involved with exporting but would rather deal through an
experienced third party.
Trading houses are specialists in exporting. They undertake to market a firm’s product by
acting as a local export department for the firm. Trading houses may be both exporters
and importers. They are knowledgeable about their markets, know the customers’ needs,
the communication problems in foreign markets, and the cultural problems in the market.
They usually handle packing, shipping, and documentation and thus relieve you of many
of the tedious tasks required for exporting. A trading house may buy products from you
outright and assume all credit and financial risks in selling abroad, or it may be retained
on a commission basis, acting on your behalf, with credit and financial risks to be shared
with you.
(Note: For more information on trading houses, see section 4.4 “The Canadian Trading
House Option.”)
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Canadian-based Foreign Buyers or Purchasing Agents
Part I
Resident foreign buyers or purchasing agents in Canada act on behalf of their principals
abroad. They buy a wide variety of industrial and consumer products and are located in
large cities.
Manufacturers
Some manufacturers in Canada buy many components or parts from other domestic
manufacturers, either for use in the products they export or to complement their export
product line.
Consortia
Many Canadian companies participate in capital projects throughout the world such as
dams, schools, airports, or manufacturing plants. These projects require hundreds of
different products and services; small firms have the opportunity to be suppliers to
them.
Procurement Offices
Some communist or socialist countries buy goods through procurement offices
established in foreign lands. These government crown agencies usually procure large
quantities of goods, such as agricultural equipment, hotel furnishings, construction
machinery, and apparel.
However, it is vital that you find an agent that is right for you. It is also crucial that you
and your agent understand clearly what each party expects of the other. The following
chapter will give you an overview of some issues and options for your consideration.
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4.2 Evaluating Potential Representatives
Part I
Consider their experience and knowledge:
Does the prospective agent or distributorship have the know-how and resources to
provide after sales service at the quality level your company expects?
Who are the principals of the prospective agency or distributorship?
What is their background and experience in your field?
Are they active participants in the firm? If not, how important is this to you?
In some foreign markets the social and business connections of the principals can mean
far more to the success of your merchandise than a monthly marketing call.
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P l a n n i n g Y o u r E x p o r t S t r a t e g y
Does the geographic distribution of the sales staff make sense? For example, in the
United States manufacturers often have several agents across the country on a regional
territory basis.
Agencies or distributorships need to be kept up-to-date on your line. If you can, offer
their staff–your sales force–training and/or incentive to become and stay familiar with
your merchandise and its applications. Provide prompt and complete responses to any
questions your target market sales force has. Think of them as “customers” who must
be kept “sold” on your merchandise on a regular basis.
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Checklist:What Agents Expect from You
Part I
• Exclusivity in writing.
• Legal representation for patent and trademark protection.
• Top-quality, trouble-free, warranted goods.
• Commissions payable should be clearly spelled out in writing.
• Shipping services: packaging, labels, documents.
• Prices: lowest possible.
• Payment terms: establish credit rating and patience.
• Advertising and promotional literature and posters.
• New and modified products.
• Training materials: manuals, videos, slides.
• Timely updates, announcements, newsletters.
• Periodic visits from high-level executives.
• Sales conference attendance.
• Rewards and incentives.
Foreign and Canadian law affects agency and distributorship contracts in a variety of ways:
• Certain formalities may be required to create and maintain legally enforceable
and binding obligations between the parties.
• Provisions may be required to address imposed warranties, product liability,
business practices and other matters governed by relevant law.
• Certain provisions may be automatically included in the legal relationship even
when not specified by the parties or unless specifically excluded by the parties.
• Income tax laws may make one type of business and legal relationship
preferable to another. An agent or distributor could constitute a “permanent
establishment” making the Canadian exporter subject to the income tax
provisions of that country.
Relevant foreign and domestic law should be considered before deciding whether to use
an agent or distributorship. Look at the laws before defining the relationship between
you and your representative. The laws may have a large say in who sells your goods and
who imports them.
Foreign duties and taxes imposed on imported goods may vary according to the type of
business arrangement used. If you sell direct to the end user, duties and taxes may be
imposed on your selling price. If you sell to a representative or maintain an inventory in the 27Û
foreign market, the base for import duties and taxes will be different than the direct price.
P l a n n i n g Y o u r E x p o r t S t r a t e g y
When determining the most suitable type of relationship, remember that you can
usually choose which country’s law will be applied to interpret the contract, and
whether the courts or an arbitrator will be used to settle disputes.
When you are ready to draft a contract, the following points should be considered:
1. Define the merchandise to be represented.
2. Specify which present and future goods are to be covered by the contract.
3. Clarify whether or not the representative will have exclusive rights to distribute
your line in the territory.
4. Determine the length of the contract.
5. Define the circumstances under which the contract can be terminated.
6. Consider foreign laws requiring compensation to terminated representatives or to
representatives not granted renewal of the representation.
7. Determine which laws apply to your relationship.
8. Establish which country’s law will govern the interpretation of your contract.
9. Define the extent of the representative’s signing authority for you.
10. State whether the representative is an employee or an independent contractor.
11. Who, by law, is responsible for product liability claims, compliance with business
practices legislation, and labeling and packaging laws?
12. Is there any provision for arbitration in your contract?
13. Define the territory. What are the boundaries of the territory that will be covered
by the representative?
14. What exclusivity will be granted the representative or the exporter? Foreign laws
may limit exclusivity.
15. Define the terms of business.
16. Set out the terms of sale between you and your representative.
17. Specify the payment terms.
18. State the currency in which your business transactions will be settled, sales service,
advertising, writing quotations, collections.
But, in this day and age, would it be a logical step to use the services of a Canadian
trading house?
For some manufacturers the answer is yes. Trading houses can offer both new and
experienced exporters access to markets beyond their present management capabilities.
For the new exporter, not wanting to increase risk, trading houses can greatly increase
Ü28
profit potential. It can do so without the inherent risks of entering foreign markets.
Trading houses can also assist the experienced company to reach non-traditional markets.
The trader knows all the subtleties of international trade. It is not a sometime activity
Part I
to be engaged in only when there is a glut in the inventory. The trader knows the local
language, local rules and regulations, how to move the goods into and through the
market. The trader can be cost efficient in a particular market area by carrying a
number of similar goods for a number of manufacturers. The costs are spread among
the goods.
A Canadian trading house is a company with one or more specialist traders and it is an
established company operating under Canadian law.
A trading house is an export and/or import specialist offering market intelligence and
commercial trading of goods that it does not produce, between two or more international
markets.
The range of services rather than size is the determining factor. A trading house must
have sound management, international communications, and trade support services
either in-house or readily available. It needs selectivity in goods handled and markets
served, and in representing specific lines it needs a close relationship with the
manufacturer. It could act as the export department of a manufacturer covering all his
merchandise, or only one or two items, into specific overseas markets.
Frequently, the agent can handle most of the technical aspects of the item. This involves
negotiating and handling logistics of commercial business and shipping. In this
instance, the agent does not take possession of the goods. It follows that the
manufacturer is responsible for the goods and for payment procedures. The trader will
receive the commission once the goods are shipped.
29Û
P l a n n i n g Y o u r E x p o r t S t r a t e g y
The other basic function is that of merchant. As a merchant, the trading house will
purchase goods at export prices from the manufacturer and take responsibility for
shipping and payment of the international receivable. The trading house will place an
order against a firm order from overseas while the manufacturer has a domestic
receivable. The trading house needs special export prices to make this feasible. This
merchant trader should not be confused with the trader who performs liquidations.
The process for finding the right trading house involves the same techniques as the
search for a corporate lawyer or accountant. It is a matter of talking to the candidates.
Getting to know both the candidate and the operation means visiting the offices and
asking for a brief proposal. The choice should be based on the criteria outlined above.
Ask for references, both normal domestic trade references and overseas. Look for a
credible “track record.” Does the trader have the languages of the geographic area of
concentration? The trader who promises to sell any item in any market should get
specially close scrutiny.
You must decide what is the right trading house to complement goods in the target
markets. One trader may be skilled at handling specific merchandise in specific markets.
Another could specialize with one item in one market. Several traders may have
strengths in moving different merchandise in different markets. Any combination that
works is the best choice for the manufacturer.
Ask MEDTs Export Development Branch, your industry association, the Canadian
Manufacturers & Exporters, or the Ontario Association of Trading Houses. Trade shows
are good places to let people know you’re looking for some assistance. Recommendations
are sure to follow.
Note: GST and the Trading House: In Canada export trading houses that resell at least
90 per cent by value of their total annual purchases are permitted by Canada Revenue
Agency to issue to their suppliers a certificate to allow them to purchase goods on a
zero-rated basis. No further processing or alteration of the goods will be permitted in
Canada after the certificate has been issued.
Ü30
Depending on your needs, you may wish to seek a partner in your same industry or in
Part I
a complementary industry. For example, high-tech firms may find it useful to partner
with a local marketing firm.
31Û
P l a n n i n g Y o u r E x p o r t S t r a t e g y
The prices paid for cost inputs will likely stay the same over short periods of time but
change over longer periods.You must be prepared to reflect significant cost changes in
your pricing procedures.
Among the simpler tasks is keeping a record of material and labour charges in the
production process. More difficult, however, is keeping track of overhead costs.
All factory overhead (burden) costs must be added together and allocated on a
determined standard. Overhead costs that neither increase nor decrease for any
specified level of production must be considered. Property taxes, for example, must be
paid regardless of the number of manufactured units produced.
A number of methods exist to develop overhead costs. By far the easiest to use is
related to the number of units produced. This is the formula that applies:
Estimated Total Overhead
= Overhead rate per unit
Estimated Units of Production
This method is accurate only when realistic figures are used. When calculating your per
unit cost, be sure to be realistic. Factor into your assessment:
• the unavoidable idleness of people and machines
• maintenance and repairs
• machine set-ups
• vacations
• statutory holidays
• possible illness or labour difficulties
• possible downturn in orders
Not allowing for these situations could mean unit costs for overhead might be too low.
Profits will suffer accordingly. Calculating these factors into your projected cost and
production output will expose opportunities for improvement.
Note: There are several methods for calculating costs and prices. See the “Case Study:
Setting the Right Price” in the Appendix of this guide for a commonly used pricing
method.
Ü32
In pricing your service, you need to take into account both “what the market will bear”
Part I
and what your break-even point is.Your price needs to include hidden communication/
transportation costs and other non-domestic expenses such as possible currency fluctua-
tions prior to the end of the contract. If the payments are sizable (over $35,000 at a time),
one of the chartered banks will offer you “hedging” options so that you can reduce your
exposure if the client is paying you in a currency other than Canadian dollars.
Note: GST is not applicable on foreign sales, though it may be applicable on the
portion of the work performed in Canada for a foreign client.
Most companies are now familiar with the accounting for GST. You should note that
exports are considered a zero-rated supply (sale). This means you do not collect the
GST on the amount charged on exports, but you may claim an input tax credit for the
GST paid on virtually all your inputs (purchases).
You are required, however, to have proof that the supply (sale) went out of Canada to
support your claim for not charging tax on an invoice. The proof must enable depart-
mental officers to track the entire shipment of tangible personal property from its origin
in Canada to its destination outside Canada. The responsibility to maintain this
evidence of export rests with the registered supplier (vendor). For this reason you will
need to keep any:
• invoices
• purchase contracts
• transportation documents
• customs brokers’ invoices
• import documentation required by the country to which the goods are exported
For more detailed information get GST Technical Information Bulletin, B-062–Export
Documentation from your local Canada Revenue Agency Office. Visit the Canada
Revenue Agency web site at. http://www.cra-arc.gc.ca/menu-e.html
33Û
P l a n n i n g Y o u r E x p o r t S t r a t e g y
Discussions with potential financiers should start early in the marketing phase.
Committed financing offers may be required at the time of submitting prices and
technical information. In trade finance, normally your goal and that of your bank
should be complementary.
Short-Term Financing
Letters of Credit
Letters of credit (or “documentary credits”) are issued by a bank at the request of an
importer, in favour of a supplier/exporter, for the purpose of financing the import of
goods and/or services. By opening the documentary credit on behalf of the importer,
the bank obligates itself to pay the exporter–provided the exporter complies strictly with
the terms of the credit. This eliminates any risk to the exporter arising from the
customer’s failure to pay for the shipment. At the same time, the issuing bank provides
financing (credit) to the importer. It pays the importer’s obligations to the exporter
after which it will, in turn, be repaid by the importer.
Collections
Collections consist of bills of exchange (or “drafts”) which are defined in the Canadian
Bill of Exchange Act as “an unconditional order in writing addressed by one person to
another by the person giving it, requiring the person to whom it is addressed to pay on
demand or at a fixed determinable future time a certain sum in money to or to the
order of a specific person or to the bearer”.
Ü34
payment from the purchaser.
Purchase of Foreign Receivables
Part I
An exporting firm can convert its foreign receivables into immediate cash by selling
them to a bank or factoring house. The receivables are discounted by an amount
deemed to cover financing charges and risks. The purchaser then assumes responsibility
for the commercial and political risks underlying the transaction as well as for collecting
payment from the foreign customer. Selling its foreign receivables provides the exporter
with the advantage of immediate cash, credit risk protection and collection services.
Such advantages are not free. The discount applied covers the costs of these services,
reducing the revenues that find their way to the exporter.
Forfeiting
Forfeiting or forfeit financing is a medium-term form of seller or supplier credit
provided by a number of Canadian banks. The bank purchases medium-term (up to
five, and in special cases, seven-year) promissory notes due to the Canadian exporter
from a foreign customer. The value of the promissory notes is discounted at a fixed rate
so that the exporter receives cash, after deduction of the interest charge or discount.
Usually provided with a guarantee from the customer’s bank, the promissory notes are
discounted by the Canadian bank on a non-recourse basis to the exporter.
The Canadian exporting firm benefits from passing on the credit risk and currency
exposure to the Canadian bank, turning a credit sale into a cash transaction, receiving
fixed rate financing, incorporating the financial cost in the contract price and
eliminating extensive documentation.
Buyer Credits
A buyer credit is a method of financing an export over the medium to longer term
whereby funds are loaned directly to the foreign customer. These credits are usually
suited to large financing of capital goods and to support turnkey projects. Buyer credits
generally are on a non-recourse basis to the exporter as the importer enters into a direct
financial relationship with the lending bank.
35Û
P l a n n i n g Y o u r E x p o r t S t r a t e g y
Export Leasing
Canadian chartered banks can provide export leasing services through subsidiaries. This
form of trade financing is usually undertaken by exporters working in conjunction with
a leasing company to gain a competitive edge. It can be used for exporting to countries
where import restrictions prevent the customer from purchasing foreign equipment
outright or where the tax regime favours leasing over outright purchase.
Project Financing
Project financing secures payment for a sale out of the cash flow that the project is
expected to generate when it comes into production. The assets of the project serve as
collateral, and lenders also have recourse to the cash flow created by the project.
Such loans are usually longer term, require extended gestation periods before
completion and require innovative financing. Canadian charter banks, through their
International Trade and Merchant Banking Divisions, are experienced in arranging
project financing, particularly for the mining, energy, forestry, transportation, public
utilities and engineering industries.
Be aware that exporting involves additional distance and time between you and your
market, your transactions involve more than one currency and legal system, and
Canadian banks do not formally finance foreign receivable (except from the United
States). Consider the following methods of payment:
Ü36
Cash In Advance (Prepayment)
Part I
When the customer pays cash in advance, the exporter receives a partial or full payment
before the goods are exported. This method is risk free to the exporter but extremely
risky for the importer. It is normally only used in paying for goods or services that are
scarce and in high demand.
Letters of Credit
Letters of credit are the most common method of payment in international trade as
they provide protection to both parties involved in the transaction. They are issued by
the international department of a chartered bank, usually that of the exporter and state
all the terms and conditions that the exporter must meet before collecting the specified
amount. If the conditions are met, the bank promises to pay the exporter. Letters of
credit specify the documentation needed for customs clearance as well as details of any
other terms associated with the sale (e.g., packaging changes or translated literature).
Consignment
When goods or services are sold on consignment, the exporter retains ownership until
they are sold. The seller is responsible for the financial burden and risks (i.e., risk of
default and damage to goods). This method of payment is usually only used for goods
that are risky or not very popular.
37Û
P l a n n i n g Y o u r E x p o r t S t r a t e g y
Barter, or payment in kind, is the most basic form of countertrade. It involves the
mutual exchange of goods and services between two or more parties. For example, two
state-owned trading companies could agree to a quantity of sugar for a quantity of oil
deemed to be of equal value.
Unless you are incurring major expenses in another currency, your safest route is to
negotiate payment in Canadian dollars. That way you will be unaffected by currency
changes. However, the customer may be unwilling to accommodate your request.
The most rapid ways to get paid from abroad are cash-in-hand or a wire transfer
directly to your bank in Canada. If you want payment by wire transfer, you will need to
supply your customer with the routing information for your bank, as well as your bank
account number.
Ü38
time to visit the market.
Consider making that initial trip with a provincial or federal trade mission. Traveling
Part I
with business associates can provide new insights. For convenience, it helps to stay close
to where business meetings will take place. Many business people like to be near the
Canadian Embassy, especially if the Canadian Trade Commissioner is helping with the
contacts. This can save you valuable traveling time and taxi costs.
Remember to give the provincial and federal trade consultants plenty of notice in
advance of your trip to the market.
Reading about the history and culture of a country prior to your first business trip is
time well spent. Not only will this help you enjoy your visit more, but your interest will
be well appreciated and noticed by your business contacts. Business people who
understand the culture of a country in which they wish to export are more likely to
develop successful, long-term business relationships.
Canadians abroad are generally viewed as ethical and dependable, which helps in
forming alliances. Usually, Canadians are well liked in international business circles,
perhaps, because of our traditional reserve. Nevertheless, Canadian firms should pay
close attention to different styles of doing business and the degree of importance placed
on developing business relationships. Often the first meeting in many cultures is an
occasion to get acquainted. Customs may demand that hard negotiations wait until
another day.
Cultural customs also affect how and when products can be marketed effectively. For
example, in the Netherlands, Christmas gifts are given on St. Nicholas’ Day (December
5) not on Christmas Day. In this country, exporters may need to adjust their advertising
to reflect this. Also, customs regarding who may provide the services of a notary vary
from country to country.
39Û
P l a n n i n g Y o u r E x p o r t S t r a t e g y
Be prepared with lots of business cards. Treat their exchange with respect, especially in
a formal culture. In Japan, as cards are exchanged, the title and organization are
acknowledged with ceremonial nods and comment. In Indonesia, only the right hand is
used for business card exchange.
Cultures also differ with regard to the use of meal times for business meetings and the
timing of when business topics are introduced. In France and Spain, the business lunch
may last two to three hours and is used as an opportunity to get to know one another.
In the Caribbean, business persons go home for lunch to have it with their spouse and
children.
Note: Check your library for resources on cultural aspects of international business.
The Canadian Trade Commissioners will usually have a “do’s and don’ts list” for
your target market. The lists are available for the asking. Refer to Part II, “Federal
Government Support to Exporters” of this guide for more information on Canadian
Trade Commissioners.
Traveler’s Tips!
• Allow time to rest following arrival.You will likely experience some jet lag
following a long flight.
• Safeguard your valuables such as passport and credit cards. It is often advisable
to leave these in the safety deposit box at the hotel and carry only the items
necessary for a day’s business activity.
• Have duplicate copies of all important documents.
• Carry an address card of the hotel with you in the local language. This may help
you get back to the hotel if there is a communication problem with taxi drivers.
• Contact the Canadian Embassy or Consulate if you need assistance.
• When setting up your schedule of appointments remember to leave enough
time for travel between appointments. In some cities it can take much longer to
Ü40
go from place to place than in Canada.
Pre-trip Checklist
Part I
• Acquire a valid passport. Most countries require passports upon entry to have at
least six months left on their passport before it expires.
• Arrange for visas or entry permits required by the country of destination. Also,
transit visas may be required for stop-overs en route. Check with your travel agent
and local consulate of the countries to be visited. Carry extra passport-size photos.
• Get immunizations recommended for the destination country. Check with the
traveler’s clinic at major hospitals.Take along your certificate of vaccinations.
• Get medical insurance for traveling outside Canada. Don’t assume that your regular
coverage will be adequate should an emergency arise.
• Leave a duplicate copy of your itinerary, including hotels, with the office and/or family.
• Carry some basic medications–antibiotics, disinfectant, stomach-headache remedies,
bandaids.
• Get your doctor’s advice before traveling, especially to the tropics. Be sure to have
a letter with your doctor’s authorization if you’re carrying special drugs.
• Confirm all airline and hotel reservations. Reconfirm airline reservations at each
stopover during the outward journey. A word of warning: if outward or return
reservations are not reconfirmed at least 48 hours prior to departure, your
reservation may be canceled automatically by computer.
• Make sure you are aware of all international holidays observed in your new markets.
• Check your credit cards for expiry date and acceptability. Be sure that balances are
paid down so that you have maximum charging facilities.
• Register your portable phone, computer and other equipment you plan to take
abroad with Canada.
• Customs to avoid problems when crossing borders or returning home. Carry bills
of sale proving where these items were purchased.
The laws of the country where the offer to enter into a sale is accepted–or which has
the more substantial tie to the transaction–will normally govern the legal relationship
between you and your representative. A written contract can designate a different
governing law in most business relationship matters.
Environmental regulations in the country of destination may determine how you need
to pack your goods. Increasingly packaging must be recyclable. Germany, for example,
has one of the toughest packaging laws in the world requiring companies to take back
and recycle packaging used during transport or arrange for someone to do this. While
the importer has immediate responsibility, your competitiveness in the market will
depend on your ability to meet such criteria.
Be sure to have the general form of the contract to a particular country reviewed by competent lawyers in that
country and in Canada.
Ü42
Transportation Costs
Part I
Since the mid-1980s, the transportation industry in Canada has become deregulated,
following similar action in the United States earlier in the decade. Transportation costs
are now much more affected by the market supply and demand.
This results in lower transportation costs and improved services for manufacturers and
shippers. Deregulation launched a new way for shippers and carriers to do business
together. Transportation services are negotiated and can be contracted in advance on a
confidential basis. This is in sharp contrast to the days when prices were determined by
tariff boards. Deregulation has introduced innovation and creativity into the industry,
resulting in significant efficiency and productivity gains.
Since your potential customer compares quotations from all sources on the basis of his
delivered costs, it is critical that you select the most cost-efficient method for shipping
your goods. Cost savings from your freight forwarder are vital to your competitive and
profitable export selling price.
Exporters of smaller shipments might consider using the services of a freight forwarder
who can offer consolidation at better prices than shipping independently, as well as the
convenience of single billing and tracing service. Check the reliability, capability and
experience of the freight forwarder best suited to you.
43Û
P l a n n i n g Y o u r E x p o r t S t r a t e g y
Note: Application forms for the ATA Carnet can be obtained from The Canadian
Chamber of Commerce: Tel: (613) 238-4000 Fax: (613) 238-7643 or Tel: (416) 868-
6415 Fax: (416) 868-0189.
Not all customers and countries can be covered in this way. If coverage is not easily
available, you may want to think twice about doing business there.
Insurance for protection against risks of loss by exporters of goods or services are, in
general, broken into two basic categories: political and general/commercial.
Risk begins once the contract comes into effect (if not before) and continues until payment
is complete. As a result, exporters should investigate the types and costs of insurance
required and desired should commence at the initial stages of transaction negotiations.
Political Risk
Insurance against many political risks can be arranged from either the federal Export
Development Corporation or from a number of private commercial insurers and your
licensed insurance broker. While the products available from each often compete in
coverage and cost, they also complement each other.
Ü44
General/Commercial Insurance
Part I
These coverages are associated with the usual risks of doing business and are available
from private commercial insurance companies and your licensed broker. Be aware that
not all brokers have had the opportunity of exposure and therefore many lack
experience in the peculiarities of insurance relating to foreign application and the
export trade. The extent of coverage is often dictated by the terms of sale.
1. Credits Insurance
Export receivables are subject not only to the political risk in the customer’s country
but also the commercial risk of the foreign customer, i.e., its ability to pay. Most firms
find managing the commercial risk more difficult than with domestic receivables
because of the lack of adequate credit information and the long distances between the
supplier and customer.
Coverage is available from private insurers and Export Development Canada (EDC),
Canada’s official export credits agency.
2.Transportation/Marine Cargo
This insurance covers the loss or damage to goods during transit by land, sea or air and
incidental associated storage periods. This coverage may include:
• Direct Damage/Property
• Third Party (General) Liability
• Surety/Performance Bonds
• Product Liability
3.Travel Insurance
This coverage needs to include trip cancellation (if a restricted air fare), travel of family
members to care for personnel ill abroad, return of the body in case of death abroad,
etc. Such coverage, up to specified limits, is often required as part of major contracts.
4. Professional Liability
Professional liability insurance is especially important in markets like the United States
where legal action is very common. At a minimum, such insurance can cover the cost of
legal fees for responding to an action that has been filed against your firm.
There are three other areas of exposure addressed by professional liability insurance:
1. alleged non-performance
2. problems resulting from implementing your recommendations
3. non-performance by third parties who were your subcontractors
Ü46
Export Resources: Where to Find Help
The Trade Commissioner can make direct inquiries or conduct preliminary surveys
regarding the potential market for any product. The Trade Commissioner can also assist
you in setting up appointments with local business leaders, potential partners or agents,
end users and government departments for your visit to the market. Some services that
Trade Commissioners can provide can be found at: www.infoexport.gc.ca
47Û
Export Resources: Where to Find Help
Trade Associations
Canadian business associations subscribe to foreign government publications and also
receive copies of sector reports from the Canadian federal and provincial governments.
Major Banks
The international departments of major banks can provide information on financing
and related documentation, credit information, and overseas banking contracts. Many
banks have Home Pages on the Internet and can be easily located by using a number
of common search engines available.
CanadExport
This bi-monthly publication provides market information, notice of upcoming trade
promotion activities and listings of specific business opportunities: To subscribe free of
charge, call CanadExport at: CanadExport Internet site:
http://w01.international.gc.ca/canadaexport/
Using Canadian data, Statistics Canada can also tailor a personal report under data
variables such as: U.S. state of destination, quantity shipped, mode of transport,
Harmonized System of Customs Classification (HS class), country origin/destination
and value of commodity shipped.
The World Trade Database (WTD) is offered through Statistics Canada and incorporates
United Nations’ data to calculate market shares of any country in any market. The
database outlines market shares in terms of geography, commodity and industry.
Companies can find out more on how to use Statistics Canada’s International Trade
Databases by browsing the Statistics Canada home page at: www.statcan.ca/start.html
Your industry or sector trade association will likely also have information on the main
fairs in your industry. There are a number of sites on the Internet that list major global
Ü48
and domestic trade shows. Trade News is only one of a number of sites that may be
useful in locating the most appropriate trade show. Visit the site at: www.tsnn.com
Note for Service Exporters:
Part II
Service exporters need to contact a number of different sources, including the following:
49Û
Export Resources: Where to Find Help
CIFFA http://www.ciffa.com/
The Canadian International Freight Forwarders Association’s mission is to
represent and support members of the Canadian international freight
forwarding industry in providing the highest level of quality and professional
services to their clients.
DFAIT http://www.dfait-maeci.gc.ca/
The former Department of Foreign Affairs and International Trade has been split
into two separate departments: Foreign Affairs Canada and International Trade Canada
Ü50
EuroPages http://www.europages.com/home-en.html
Part II
150,000 company addresses from more than 25 European countries, with
company brochures, key business information and links to yellow pages
throughout Europe.
ExportSource http://exportsource.ca/gol/exportsource/
interface.nsf/engdocBasic/0.html
An on-line resource for export information providing a single access point from
all trade-related government departments.
IFInet http://www.infoexport.gc.ca/ifinet/menu-e.asp
IFInet provides Canadian exporters with access to information on projects
financed by the International Financial Institutions (IFI) in nearly 20 sectors of
activities in emerging markets and developing economies.
IBOC http://www.iboc.gc.ca/
International Business Opportunities Centre (IBOC) features business leads
identified by Canadian Trade Commissioners abroad which could be matched
with Canadian businesses.
51Û
Export Resources: Where to Find Help
Strategis http://strategis.ic.gc.ca/
Strategis - the information resources of Industry Canada which is dedicated
to promote the success of Canadian businesses at home and abroad.
Ü52
U.S. Department of State http://www.state.gov/r/pa/ei/bgn/
Part II
Background Notes are prepared on all countries with which the U.S. has
relations.
The above web sites and content are provided as a public service, but we cannot guarantee that
the information is current or accurate. Readers should verify the information before acting on it.
EDC will consider financing for periods of two to ten years on exports that provide
significant benefit to Canada. EDC allows chartered banks and other financial
institutions to provide part of the financing. This could include the down payment, the
construction period of a project and local cost financing not normally provided by
EDC. These may take the form of parallel loans, co-lending or participation.
Lines of Credit
EDC has extended lines of credit to a number of countries to assist Canadian exporters
to bid on foreign projects. These lines encourage foreign countries to look seriously at
Canadian technology and industrial capabilities. They also alert Canadian
manufacturers and consultants to the enormous potential for capital goods in the
recipient country.
53Û
Export Resources: Where to Find Help
Toronto
Suite 810, National Bank Building
150 York Street, Toronto, ON
Tel: (416) 640-7600 Fax: (416) 862-1267
London
Suite 1512, Talbot Centre
148 Fullarton Street, London, ON
Tel: (519) 963-5400 Fax: (519) 963-5407
Ottawa
Place Export Canada
151 O’Connor Street, Ottawa, ON
Tel: (613) 598-2500 Fax: (613) 237-2690
Ü54
Canadian Commercial Corporation–CCC
Part II
CCC is a unique export sales agency, wholly owned by the Government of Canada,
with a broad legislated mandate to assist in the development of trade between Canada
and other nations.
CCC helps Canadian exporters win sales in government and private-sector markets
around the world, through our unique government-backed guarantee of contract
performance.
CCC provides Canadian exporters with a range of export sales and contracting services
which enhance their access to market opportunities and significantly increases their
ability to land export sales on improved terms.
CCC is an integral part of Team Canada Inc complementing the export financing and
insurance activities of Export Development Corporation, as well as the market intelli-
gence and promotional activities of ITCan and other federal departments and agencies.
Ontario Region
151 Yonge St., 4th Floor
Toronto, ON M5C 2W7
T: (416) 973-5081
F: (416) 973-5131
55Û
Export Resources: Where to Find Help
Market information
Providing information on foreign markets and assisting Ontario suppliers of goods and
services in developing their marketing strategies. Market penetration assistance or
information on product or service entry strategies can include import/export statistics,
market demographics, advice on doing business in that market, major tariff and non-
tariff barriers, import regulations, distribution channels, payment mechanisms, national
holidays and travel suggestions.
Ü56
5.2 Export Support Programs
Part II
New Exporters to Border States
New Exporters to Border States (NEBS), delivered in partnership with International
Trade Canada (ITCan), is a two-day practical program offered on site at a U.S.
border point to introduce companies to the fundamentals of exporting. Participants
learn about export pricing, customs procedures, selecting agents and distributors,
warehousing and distribution, banking and legal issues, export financing and insurance,
immigration issues and identifying new market opportunities.
In-Market Support
In certain countries, the Export Development Branch has access to in-market
International Trade Development Consultants that supply/generate business leads,
make sales calls and provide market information. They do this by making corporate
calls on key decision-makers at targeted companies in specific industrial sectors, attract
new sales, promote exports and encourage trade with small and medium-sized
enterprises in Ontario.
Capital Projects
Export consultants can assist suppliers of capital goods and services to secure
international capital project opportunities, facilitating the development of consortia,
providing key contacts with financial institutions and providing commercial advocacy
where government contacts are important.
Strategis http://strategis.ic.gc.ca
Strategis is Canada’s largest business web site, providing information on
markets, trade and investment, industrial perspectives, technology and
innovation, micro-economic research and analysis, managing your business,
marketplace services.
ExportSource http://exportsource.gc.ca
ExportSource is Team Canada Trade Network’s on-line resource for export
information. ExportSource provides a single access point from all trade-
related government departments and agencies on subjects including:
• market research
• trade statistics
• export financing
• export contacts
• export regulations/logistics
• trade shows and missions
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6.2 Program for Export Market Development (PEMD)
Part II
Funding for Canadian Trade Associations that have a national mandate. Assistance is
provided for generic international business development activities that benefit a
particular industry sector. The association’s proposed activities must be for the benefit
of its members, relate to the generic export promotion of the sector’s products or
services, the improvement of market access or the development of market
information/intelligence.
To register by Internet:
http://www.infoexport.gc.ca/ie-en/MarketReportsAndServices.jsp
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Export Resources: Where to Find Help
Ontario firms of any size can insure their exports against non-payment by foreign
customers.
EDC normally assumes 90 per cent of the commercial and political risks, involving:
• insolvency
• default
• repudiation or cancellation of a contact by the customer
• conversion on transfer currency
• war or rebellion
• cancellation of export permits in Canada
EDC covers both the commercial and political risks inherent in export transactions.
Almost any kind of transaction involving the export of goods, services or technology may
be insured, provided the Canadian content is at least 50 per cent of the selling price.
To facilitate your banking arrangements, EDC will agree to pay any proceeds of a loss
payable under your policy to a bank or any other financial institution.
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If a bank or other financial institution will agree to purchase an insured foreign
Part II
receivable from you on a limited recourse basis, EDC is prepared to agree to the
assignment of your rights and obligations under the policy to the bank or financial
institution. However, should a loss be occasioned by any factor within the exporter’s
control, the bank or financial institution may exercise recourse.
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Export Resources: Where to Find Help
• A brief profile of your company specifically indicating whether you are a service company,
manufacturer, agent, etc. and approximate volume of business and number of employees.
• A description of your product (include your promotional materials) and supplement with
details outlining specific features and selling points, trade names, prices, terms of payment etc.
• A description of the typical end user.
• Your experience in exporting and present export markets.
• How your products are distributed in Canada and other export markets.
• previous experience selling to the market under study, if there were previous partners or
agents, any other business history in the market.
• Goods exporters should indicate their export price (CIF) to a major port in the target
market and their payment terms.
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Appendix
Part II
A. Implications of FTA/NAFTA for Goods Exporters
What should be of immediate concern to the new exporter? The phased elimination of
duties on most of our exports to the United States. will have a favourable impact on the
pricing of those goods.
According to the terms of the NAFTA, some tariff barriers will be eliminated immediately
while others will be phased out over periods of five, ten and 15 years. Non-tariff
barriers such as customs user fees, quotas and licensing requirements will also be
eliminated over ten to 15 years.
Trade between Canada and the United States will continue to be governed by the tariff
phase-outs negotiated under the provisions of the FTA. These phase-out schedules are
unaffected by NAFTA. As was the case under the FTA, there is an acceleration clause
under which tariffs may be phased-out faster than originally negotiated if the three
countries agree to such action. If only two countries agree, acceleration takes place only
between those two.
Any goods produced in any or all of the NAFTA countries, with components and
materials that themselves are wholly sourced or manufactured in any of the countries,
qualify as originating goods entitled to preferential tariff treatment.
Goods that incorporate offshore raw materials or components will also qualify for
preferential tariff treatment if they have undergone a specified change from one tariff
description to another. For certain goods, such as auto sub-assemblies, these criteria are
supplemented by a value-added test.
The NAFTA rules of origin build on the rules that were developed for the FTA.
Canadian exporters will find the NAFTA rules clearer and more predictable.
While all firms exporting to the United States or Mexico should obtain copies of these
publications, they will be particularly useful to firms whose goods are subject to a value
content requirement.
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Export Resources: Where to Find Help
Certificate of Origin
Determining the eligibility of goods for NAFTA treatment and providing the importer
with the Certificate of Origin is the exporter’s responsibility. To claim NAFTA
treatment, the importer must be in possession of a valid Exporter’s Certificate of Origin
from the Canadian exporter that certifies that the goods in question meet the NAFTA
Rules of Origin.
The Certificate of Origin should be sent directly to the importer and not accompany
the shipment. Exporters may obtain a Blanket Certificate of Origin covering more than
one shipment for a specified period of validity.
Exporters can obtain copies from Canada Revenue Agency, offices in Hamilton, London,
Ottawa and major border-crossing points at their web site www.cra-arc.gc.ca/
The marking rules of each NAFTA country apply only to imports from its NAFTA
partners. Accordingly, the U.S. marking rules will pertain only to imports from Canada
and Mexico. Similarly, Canada’s marking rules apply only to imports from Mexico and
the United States. The NAFTA marking rules do not apply to exports or to goods that
are produced and sold domestically.
Acceptable marking methods include stampings, moldings, stickers, labels, tags and paint.
The tariff classification and origin status of your merchandise should be determined
before you start exporting.
Advisory classifications and origin determinations may be obtained from your customs
broker or from one of the member government customs agencies.
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Written, binding, rulings on classification, origin status and marking requirements may
Part II
now be obtained in advance from Canadian, United States and Mexican customs
headquarters.
Rulings must be obtained in the country into which you are shipping your goods.
Duty Drawback
Duty Drawback is the refund of customs duties levied on materials and components
imported from other countries when they are incorporated into goods that are
subsequently exported.
Under NAFTA all duty drawback programs were eliminated (US in 1996 and Mexico in
2001). Each country is still able to adopt a partial duty-refund procedure for those goods
that do not benefit from the preferential NAFTA tariff.
Goods Standards
NAFTA includes provisions to help prevent standards from becoming trade barriers.
It promotes the use of compatible standards, technical regulations and conformity
assessment procedures. In time this should reduce the burden of compliance with the
different standards for different countries.
To reduce exporters’ costs, NAFTA encourages mutual acceptance of test results and
certification procedures. Approved facilities will eventually be able to certify that goods
meet the standards of all three countries. The Canadian Standards Association is now
able to certify that certain goods meet the more than 360 U.S. health and safety
standards. Underwriters’ Laboratories of Illinois has been granted approval to certify
that goods comply with Canadian standards.
NAFTA requires that the three countries seek to ensure that provincial, state and local
governments, as well as non-government standard-setting bodies, comply with the
provisions described. This clause was negotiated to help Canadian manufacturers who
face a myriad of U.S. state regulations.
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Export Resources: Where to Find Help
Pricing
Under NAFTA, exporters may be seen as a local supplier by many U.S. firms. In this
case, it’s customary for the American importer to request prices for Canadian goods
delivered duty paid in U.S. dollars to the customer’s receiving dock. Exporters need
to be sure to specify who is responsible for the freight charges to final destinations.
Ontario firms exporting to the United States. will benefit by having several agents or
distributors to cover states or regions. The size and diversity of the U.S. market
demands that extensive coverage.
Legal Compliance
Imported goods must comply with the appropriate code, just like their domestic U.S.
counterparts. All goods sold in the United States must comply with local, state
and/or federal codes. Some are familiar: for example, food and drug goods and their
packaging are controlled by codes. Less commonly known but equally potent are the
controls imposed on residential, commercial and industrial equipment. Goods must
be listed by the proper testing laboratory and display its seal.
Liability
Anyone in the chain of manufacture, distribution and/or sale of a good has a legal
liability exposure. Because of adverse lose experience, difficult and changing
legislation and the attitudes of society and courts, many insurers have at times
withdrawn from providing this class of insurance, especially with respect to the
United States.
This problem has recently modified to some extent and some of the major insurers
in Canada are prepared to consider providing protection against this risk. This is an
essential consideration when doing business in the United States and needs to be
recognized in your company’s pricing procedure.
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B. Implications of FTA/NAFTA for Service Exporters
Part II
The North American Free Trade Agreement (NAFTA) expands on the initiatives of
the Free Trade Agreement (FTA) to create internationally agreed disciplines on
government regulation of investment and trade in services. NAFTA provides wider
coverage of investment and cross border trade in services than does the FTA through
the broader scope of investments covered by NAFTA rules and the inclusion of
additional services, such as land transportation and specialty air services.
However, each country has designated a number of exclusions to the investment and
services rules. In Canada’s case this includes, among other measures, health and social
services. In addition to the general exclusions, each NAFTA country may retain current
laws and other measures that do not comply with certain rules of the NAFTA.
Such federal laws and measures are listed in the Agreement. Provinces and states have
up to two years to list the measures they want to be preserved.
The good news for service firms is that the coverage of government procurement has
been expanded. Canadians may bid along with American and Mexican firms on U.S.
federal government and agency contracts for goods and services worth US$50,000 or
more and on construction-related contract work for projects in excess of US$6.5 million.
The threshold for goods and services purchases by U.S. government enterprises such as
power authorities is US$250,000 and US$8 million for construction procurement. The
major new agency now open to Canadians is the U.S. Army Corps of Engineers, which
contracts out millions of dollars of service work every year.
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Export Resources: Where to Find Help
This form has three columns. The Domestic Market column entry helps you assign all
domestic costs in their correct order. It does so by showing you exactly how your
domestic price is made up, including any domestic tax exemptions. The second column is
for the “Other Export Market” and the third column is for the United States Market.
For the sake of this example, some simple assumptions about the sample company have
been made:
• cost figures chosen for inclusion in the example are arbitrary
• having decided to enter these markets, Canadian Sales Inc. has 50 employees
• it produces an electronic item that retails at a suggested list price of $64.95 CDN
• it sells 7,000 of these units per month in the domestic market
• although the company has just begun exporting, market research shows strong
potential in both the “Other Export Market” and the United States
• company sales in the “Other Export Market” are 10,000 units in the first quarter
and 25,000 units in the United States in the same period
• GST should not be shown in the hypothetical costing illustration as it can be
reclaimed by Canadian vendor
• U.S. exchange rate is 20 per cent
• U.S. duty rate for fictitious product assessed at 5%
• please visit the NAFTA Customs Duty Database at http://www.naftacustoms.
org/engfram.html to determine if your product is exempt
• export freight and insurance charges are billed at cost
• company’s targeted profit is 10 per cent per unit
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1. Product Unit Cost Domestic Other Export U.S.A.
Part II
Market Market Market
Materials $3.15 $3.15 $3.15
Labour $5.35 $5.35 $5.35
Factory Burden $1.30 $1.30 $1.30
Administration $5.75 $2.75 $3.15
Total Domestic
Market Selling Costs $5.25 N/A N/A
Total Export Admin.
Market Selling Costs N/A $1.95 $1.55
Advertising Costs $1.05 $.25 $.25
Total Costs $21.85 $14.75 $14.40
Product Cost
It takes the same materials, labour and factory burden to produce the item no matter
where it’s sold.
Note: If only domestic sales were being produced, costs should be higher than those
used here for three shifts.
Material cost savings should be apparent through bulk buying. Labour supervision
costs may decrease although additional shift premiums may increase in volume of
production. Factory burden is usually a fixed total cost and will vary per unit as
production volumes vary.
Administration
As the head office is in Canada, the greatest administration costs are against the
domestic market. These include the cost of such things as:
• billing/invoices
• salaried employees
• legal and accounting fees
• overdraft charges
• computer facilities, office equipment and supplies
• mailing costs
Domestic Market Sales costs appear as a separate total. Total Export Administrative
Selling Costs refer to all expenses incurred by the executives responsible for dealing
with export markets.
Costs for brochures are usually higher for the domestic market because camera-ready
art and colour separations must be applied against domestic versions. Costs written
against the foreign brochures are for translation, press time and paper stock only.
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Crating, Forwarding and Duty Drawback
Part II
Crating to ship to the United States is the same for all of Canada; no special charges
are added for the American market. But Canadian Sales Inc. makes an electronic device
that will be shipped by sea, so a special wrapping is needed to protect it from salt air
corrosion. Overseas crating must be strong enough to withstand the worst imaginable
aspects of shipping.
Forwarding costs for documentation and insurance apply to both United States and
other foreign markets.
Cost-before-profit totals show that everything has been taken into account except the
company profit. In our sample, Canadian Sales Inc. targeted a before-tax-profit of
10 per cent per unit. It may be necessary to modify this target after testing the market’s
reaction.
With ocean freight and marine insurance added, we now have the C.I.F. price to the
specified port of entry (for example, London, England). At this point it is wise to
convert to the appropriate currency. To illustrate the principles involved, U.S. dollars
have been given in this example. However, British sterling could be used.
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Export Resources: Where to Find Help
Canadian Sales Inc. knows which export price can bring them a reasonable profit. The
company has not forgotten the targeted 10 per cent included in the ex works sales price
calculation. The foreign customer knows the landed cost and can quickly compare it to
the local competition.
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