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For more information from the U.S. Department of Justice about the FCPA and the FCPA OpinionProcedure, visit usdoj.gov/criminal/fraud/fcpa.Although the U.S. Department of Commerce has no enforcement role with respect to the FCPA,it supplies general guidance to U.S. exporters who have questions about the law and aboutinternational developments concerning it. For more information, contact the Office of ChiefCounsel for International Commerce at (202) 482-0937 or visit 1.usa.gov/1vCMhf8.Import Regulations of Foreign GovernmentsImport documentation requirements and other regulationsimposed by foreign governments vary from country to country.As an exporter, you must be aware of the regulations that applyto your own operations and transactions. For instance, manygovernments require consular invoices, certificates of inspection,health certification, and various other documents. For sources ofinformation about foreign government import regulations, seeChapter 4.Also, the large U.S. freight forwarding companies (and theirwebsites) may be able to provide information on the documentsyou need for specific countries.Before you export to a newcountry, remember to talk tothe U.S. Commercial Service.Even if you’ve exported before,most foreign government haveunique import regulations.North American Free Trade AgreementThe North American Free Trade Agreement (NAFTA), negotiated among the United States, Mexico,and Canada, came into effect on January 1, 1994. It provided for the elimination of tariffs on mostgoods originating in the three countries over a maximum transition period of 15 years. For moreinformation on all aspects of NAFTA, please contact your local U.S. Commercial Service office.Tariffs will be eliminated only on goods that originate in one of the four ways defined in Article401 of the agreement:• Goods wholly obtained or produced entirely in the NAFTA region• Goods meeting a specific Annex 401 origin rule• Goods produced entirely in the NAFTA region, exclusively from originating materials• Unassembled goods and goods whose content does not meet the Annex 401 rule of originbut contains NAFTA regional value of 60 percent according to the transaction value methodor 50 percent according to the net-cost methodArticle 502 of the NAFTA requires that importers base their claims of the country of origin on theexporters’ written certificates of origin, which may be the certificate of origin approved by theUnited States (CF 434), the Canadian certificate of origin (Form B-232), or the Mexican certificateof origin (Certificado de Origen). The certificate may cover a single shipment, or it may be usedas a blanket declaration for a period of 12 months. In either case, the certificate must be in theimporter’s possession when the importer is making the claim. See Appendix B for a list of all FreeTrade Agreements and what is required to take advantage of each.Chapter 10: International Legal Considerations109
U.S. Foreign Trade ZonesAs an exporter, your company should also consider the customs privileges of U.S.foreign trade zones (FTZs). These zones are domestic U.S. sites that are consideredoutside U.S. Customs territory and are available for activities that might otherwisebe carried on overseas for customs reasons. For export operations, the zones provideaccelerated export status for purposes of excise tax rebates. There is no issue ofdrawback because duties are not collected when the goods are in the FTZ. For importand reexport activities, no customs duties, federal excise taxes, or state or local advalorem taxes are charged on foreign goods moved into FTZs unless and until thegoods or products made from them are moved into U.S. Customs territory. Thus, FTZscan be profitable for operations involving foreign dutiable materials and componentsbeing assembled or produced here for reexport. Also, no quota restrictions ordinarilyapply to export activity.As of January 2014, there were more than 200 approved FTZs in communitiesthroughout the United States. These facilities are available for operation involvingstorage, repacking, inspection, exhibition, assembly, manufacturing, and otherprocessing. The value of merchandise handled by FTZs exceeds $640 billion.Additional details (as of February 24, 2014) can be found at 1.usa.gov/1zucnDd.Information about the zones is available from the zone manager, from local U.S.Commercial Service offices, and from the Foreign-Trade Zones Board. Additionalinformation is available at ia.ita.doc.gov/ftzpage.Export Processing ZonesTo encourage and facilitate international trade, countries all over the world haveestablished export processing zones (EPZs) of many types, including free trade zones,special economic zones, bonded warehouses, free ports, and customs zones. EPZshave evolved from initial assembly and simple processing activities to encompasshigh-tech and science parks, finance zones, logistics centers, and even tourist resorts.They now include not only general-type zones but also single-industry zones andsingle-commodity zones. Both the number of EPZs and the number of countrieshosting them have expanded rapidly. There are now more than 600 EPZs in morethan 100 countries. Many U.S. manufacturers and their distributors use these zonesfor receiving shipments of goods that are reshipped in smaller lots to customersthroughout the surrounding areas. For more information, contact your local U.S.Commercial Service office.Customs-Bonded WarehousesA customs-bonded warehouse is a building or other secured area in which dutiablegoods may be stored or manipulated, or may undergo manufacturing operations,without payment of duty. Authority for establishing bonded-storage warehouses isset forth in Title 19, United States Code (U.S.C.), §1555. Bonded manufacturing andsmelting and refining warehouses are established under Title 19, U.S.C., §§1311and 1312.110U.S. Commercial Service • A Basic Guide to Exporting
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A BASIC GUIDE TOEXPORTINGThe Offici
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export.gov/basicguideLibrary of Con
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Table of ContentsChapter 1: Introdu
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global GDP and 30 percent of global
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A GEE might consist, for example, o
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Success StoryPedaling Through Trial
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Chapter 2Developing anExport Strate
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specified in the EAR under a specif
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All U.S. businesses have many ways
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Answer these 11 questions:1. Which
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Product or Service• What need doe
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Sample Outline of anExport PlanTabl
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5. Current Trends and Practices•
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16. My Product’s Harmonized Code
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Success StoryDownloading NewInterna
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This last advantage is especially i
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Gathering and evaluating secondary
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Drawing ConclusionsAfter analyzing
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United Nations Statistical Yearbook
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Private-Sector Product and Industry
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Success StoryHelping Feed the World
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Chapter 4Export AdviceIn this chapt
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Some of the more important services
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the important difference that the b
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at no cost to the small business ex
Page 56 and 57: A commercial bank can perform many
Page 58 and 59: location and construction of manufa
Page 60 and 61: To prevent reverse engineering in C
Page 62 and 63: We are agnostic on the question of
Page 64 and 65: Distribution ConsiderationsHere are
Page 66 and 67: Often, the first company does not p
Page 68 and 69: your ability to terminate agreement
Page 70 and 71: Once your company has prequalified
Page 72 and 73: Choosing a ForeignRepresentative or
Page 74 and 75: Success StoryDon’t Wait—Innovat
Page 76 and 77: Chapter 6Finding QualifiedBuyersIn
Page 78 and 79: companies are available from many p
Page 80 and 81: Trade Fair Certification Program (e
Page 82 and 83: Millennium Development CorporationT
Page 84 and 85: Who Is the “Ideal”International
Page 86 and 87: Scores of new franchising concepts
Page 88 and 89: Success StoryCast a Wide Net to Cat
Page 90 and 91: Chapter 8Preparing YourProduct for
Page 92 and 93: You can also contact the Office of
Page 94 and 95: training seminars, or DVDs. Zeigler
Page 96 and 97: The ChallengeSmith first looked tow
Page 98 and 99: encompasses services in transportat
Page 100 and 101: give U.S. companies a competitive e
Page 102 and 103: Success StoryRecruiting New Franchi
Page 104 and 105: Chapter 10International LegalConsid
Page 108 and 109: When goods enter a bonded warehouse
Page 110 and 111: under the UCC. Older works may also
Page 112 and 113: Trade names are also protected on a
Page 114 and 115: knowledge, in turn, promotes furthe
Page 116 and 117: prevent him or her from obtaining a
Page 118 and 119: Business-to-Consumer E-Commerce Wor
Page 120 and 121: Because such a website is often sta
Page 122 and 123: An online exporter may choose to pu
Page 124 and 125: important to identify and incorpora
Page 126 and 127: other business contacts) options re
Page 128 and 129: Success StoryGrowing Strong withInt
Page 130 and 131: Chapter 12Shipping YourProductIn th
Page 132 and 133: One popular method of shipment is t
Page 134 and 135: Certificate of ConformityRequired b
Page 136 and 137: The cost of the shipment, delivery
Page 138 and 139: To learn more about comprehensive r
Page 140 and 141: China but needed to do a lot of hom
Page 142 and 143: price is too high, the product or s
Page 144 and 145: CompetitionIn the domestic market,
Page 146 and 147: Commonly Used TermsIt is important
Page 148 and 149: Success StoryAligning Innovationwit
Page 150 and 151: Chapter 14Methods ofPaymentIn this
Page 152 and 153: Letters of Credit and Documentary C
Page 154 and 155: You must provide documentation show
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associated with open-account trade
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payment. This is because the export
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ut they were willing to make the sm
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• The need for preshipment financ
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Thus it is in your best interest to
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to support ongoing export sales or
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To be eligible, a business must hav
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Medium Enterprise Department and OP
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Success StoryManufacturingInternati
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Chapter 16Business TravelAbroadIn t
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Planning an ItineraryTravel agents
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Business Culture TipsAlways answer
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Gift giving is an important part of
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particularly intense issue. So the
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Here are a few suggestions.• Expe
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Building a Working RelationshipOnce
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negotiations and agreements with it
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Chapter 18Rules of Originfor FTAsIn
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5. Determine if the foreign content
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The original ROOs are listed in an
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Example Rules of OriginCombining Mu
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Israel, Jordan, Morocco, Bahrain, a
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The importer may ask the exporter w
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Generic CertificatesIf a good does
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Architectural Association of Kenya
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Appendix A: Glossary of TermsAdvanc
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Export-Import Bank of the United St
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Market SurveyReport that provides a
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Appendix B: Definitions of Abbrevia
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Appendix D: FormsHere, you will fin
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228U.S. Commercial Service • A Ba
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Tech International1000 J Street, N.
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COMMERCIAL INVOICESELLER: INVOICE N
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Copyright © 1998 UNZ & CO.SHIPPER/
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DEPARTMENT OF HOMELAND SECURITYU.S.
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PACKING LIST© Copyright 2001 Unz &
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1a. U.S. PRINCIPAL PARTY IN INTERES
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U.S. $13220of this FIRST of Exchang
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IndexAA2ASee account-to-account (A2
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Global Entrepreneurship Ecosystem (
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Swinko, RonSee Jet IncorporatedSzuc
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International OfficesAfghanistanKab
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