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Law and Ethics - Practical Requirements For International Trade PDF
Law and Ethics - Practical Requirements For International Trade PDF
1
Legal Considerations in International Trade
Describes world legal systems and international agreements and bodies related to the legal requirements of
international trade activities
2
International Contracts and Partnership Agreements
Describes the legal requirements and processes involved when drafting and entering international contracts
and agreements, including risk mitigation and contract disputes
Continued…
5
Aligning International Trade Initiative with Best Practices and
Legal Requirements
Describes a systematic process to align market entry strategies with legal requirements and best practices,
including implementing, establishing and following a code of ethics/conduct
Describe the relevant legal environment related to international market entry and the
1 factors that can restrict or support international trade ventures.
Ensure that international entry strategies for exporting, importing or directly investing
2 in a foreign market will meet the domestic and international legal requirements.
Employ professional legal counsel and regulatory assistance as appropriate to ensure
maximum risk identification and mitigation in international markets when involved in
3 negotiating, contracting, and direct foreign investment involving legal or regulatory
compliance.
Describe elements of binding contracts that outline the rights, obligations and
4 considerations of the parties involved in international transactions.
Ensure protection of intellectual property rights in the international market by making
5 use of professional assistance to comply with legal requirements.
Continued…
Establish and document a corporate code of ethics related to international trade and
6 identify possible components of a global ethics policy.
Implement codes of ethics for international trade and develop processes for
7 monitoring compliance and rectifying issues among employees, partners, suppliers
and distributors.
Develop strategies that follow best practices and incorporate ethical principles and
8 decision making in foreign market entry ventures.
Have you ever worked with lawyers in contract negotiations? What was most helpful
1 about the experience that you can apply to future negotiations?
Have you been directly involved in exporting or importing goods? Did the process
2 involve legal problems? If costly and problematic, how could they have been
avoided?
Have you ever worked in an overseas assignment? If so, did you run into legal or
3 ethical difficulties because of a lack of knowledge of local laws or customs?
4 Have you ever raised an ethical concern at work? If so, how was it handled?
Is corporate social responsibility something you practice? If yes, how is this reflected
5 in your business practice? If no, why not?
UNIT 1
Legal Considerations in
International Trade
◎ What is the Law?
◎ Sources of Law
◎ International Organizations
◎ International Trade Agreements
◎ Special Economic Zones
◎ World Legal Systems and Courts
◎ Foreign Market Entry Activities and Legal Considerations
◎ Trade Protection and Prohibition: Laws and Regulations
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Why Is This Important?
o Laws that provide mechanisms for control or enforcement of rights and privileges
FIGURE 1.1
o Customary law
o International treaties
o Statutes
o Regulations
o Court decisions
International Law
o Public International Law, e.g. armed conflict, peacekeeping, human trafficking
o Private International Law, e.g. conflict regarding location and jurisdictional issues
o International Treaties (also known by other names, e.g. Charters, Declarations, Protocols)
FIGURE 1.2
o Rules of origin
o Customs
o Physical location within the SEZ provides eligibility for business start ups
SEZ characteristics:
o Minimal requirements for documentation
Common Law See Table 1.3 – Court Types Around the World
FIGURE 1.4
o Municipal Courts
o Exporting services
o Refunds o Shortages
o Drawbacks o Warehousing
o Appeals
o Trade Agreements
Customs Valuation
See Figure 1.6 – Steps of the Customs Process
Do the calculation
FIGURE 1.6
1
STEP CLASSIFY THE GOODS
o Classify goods accurately, using Harmonized Commodity Description Coding System
2
STEP o Delivery costs o Packaging
o Commissions o Processing costs
o Royalties and licensing fees
3
STEP Examples: o Generalized System of Preferences (GSP)
o Most Favoured Nation (MFN) Duty
o Special Duty
STEP
DO THE CALCULATION
4
o Multiply duty rate by the value of the o Apply additional taxes, (e.g. sales tax on
product good or services, withholding taxes on
o Check customs law of applicable royalties)
country
See Table 1.4 – Common Documentation Require by Canadian and U.S. Authorities
See Table 1.5 – EU Product Classification System
Importing Services
o Intellectual Property and contract laws vary
o Competition Law
o Bid Rigging
FIGURE 1.7
Source: Adapted from World Trade Organization, ‘Statistics on Anti-Dumping’
TABLE 1.6
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Trade Protection and Prohibition:
Laws and Regulations, Continued
Protecting Values, Security and International Relationships
Laws and regulations that impact trade deals may be enacted for
reasons of security, national values or global relations.
o Social Policy o Anti-Corruption Laws
o Antiboycott Laws
UNIT 2
International Contracts and
Partnership Agreements
◎ What Are Contract Fundamentals?
◎ International Contracts
◎ Contractual Disputes
Principles Elements
o A contract is voluntary. 1. Offer
o A clear offer must be made, and the offer 2. Acceptance
must be clearly accepted.
3. Considerations
o The contract must pertain to a legal
4. Legal intention
activity.
o Contracts must not subvert ethical
behaviours or expectations. See Figure 2.1 – The Four Corners of a Contract
o Contracting parties are legally bound.
o If contractual obligations are breached
without a valid legal reason, courts can
enforce them.
FIGURE 2.1
Letter of Intent
o Letter of Intent (LOI)
Service Contracts
FIGURE 2.2
Foreign Laws
There may be differentiators between a
distributor and an agent, depending on the
market.
FIGURE 2.3
Foreign Investments
Franchises
Brand Licences
Joint Ventures
TABLE 2.1
Settling Disputes
o Litigation
o Arbitration
o Mediation
FIGURE 2.4
Assignment Clauses
UNIT 3
Protection of Intellectual
Property in International Trade
◎ Copyright
◎ Patents
◎ Trade Secrets
◎ Trademarks
◎ Intellectual Property Protection: Basic Guidelines
FIGURE 3.1
TABLE 3.2
o Registered
FIGURE 3.2
Brand Licensing
Allows entry to a foreign market by licensing a well-known
brand.
Requires royalty payments and abiding by contractual
provisions.
See Table 3.3 – Q&A: Madrid Convention for International Protection of Trademarks
TABLE 3.3
See Table 3.4 – Guidelines for Intellectual Property Protection in a Foreign Market
TABLE 3.4
UNIT 4
Ethical Considerations in
International Trade
◎ What Are Ethics?
◎ What is a Code of Ethics/Conduct?
◎ Corporate Social Responsibility
◎ Ethics and International Ventures
Defining Concepts
o Ethics
o Integrity
o Morality
o Code of Conduct
o Code of Ethics
See Figure 4.1 – Definitions of Ethics
See Figure 4.2 – Definitions of Morals
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Standards of Ethical Conduct for a CITP®|FIBP®
Continued…
© 2017 FITT All Rights Reserved
Continued
FIGURE 4.1
FIGURE 4.2
Anti-Corruption
o US Foreign Corrupt Practices Act
Responsible Sourcing
Examples of irresponsible sourcing make world headlines:
o Poorly constructed factories
o Inadequate worker standards
o Child and slave labour
UNIT 5
Aligning International
Initiatives with Best Practices
and Legal Requirements
◎ What Are Best Practices for Foreign Market Entry?
◎ Conduct Basic Research of the Legal System
◎ Review Current and Planned International Business Activities
◎ Implement Relevant Policies and Procedures
◎ Establish Ethical Practices in International Ventures
See Figure 5.1 – Best Practice Processes for Foreign Market Entry
FIGURE 5.1
Monitoring Staff
See Figure 5.2 – Red Flags Checklist
FIGURE 5.2
© 2017 FITT All Rights Reserved
Establish Ethical Practices in International Ventures
o Influences consumers
o Increases profit
o Intellectual Property
o Accounting standards
o Labour laws
3 | Invest the time necessary to understand an organization’s risk of being involved in international bribery.
An organization’s program should have a standalone international anti-corruption compliance policy, and
4|
an executive who is accountable for its use.
An organization’s board, management, employees and third-party distributors must be trained in
5|
compliance policies.
An organization must know all the third parties that it uses in business outside its home country and
6|
conduct due diligence.
7 | A set of internal controls over the organization’s expenditures and assets should be established.