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March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
March 2011 - Business Law & Order - Bruce C. Thelen
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March 2011 - Business Law & Order - Bruce C. Thelen

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Going International – How to take advantage of the opportunities and avoid the pitfalls. …

Going International – How to take advantage of the opportunities and avoid the pitfalls.

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Transcript

  • 1. going international
    Exports Lead the Way
    Bruce C. Thelen
    bthelen@dickinsonwright.com
  • 2. The international life cycle
    To have a successful export program, do I need a presence overseas?
    The answer is “No, not for most companies.”
    Exporting is often the first step in a process that may someday lead to an overseas presence.
  • 3. Getting started
    First, assess your current strengths and weaknesses
    in the international marketplace
    Next, target your top foreign markets
    Then, select and implement the best export strategy for those markets
  • 4. Your export planning checklist
    What legal issues will I face?
    How do I best protect my company’s interests?
  • 5. Checklist item #1
    Trademarks and Intellectual Property:
    -- Be aware of ‘trademark pirates”
    -- Outside the USA, most countries follow a “first to file” trademark rule
    -- Patents and copyrights need attention too
  • 6. Checklist item #2
    Sales Representatives and Distributors:
    -- Sales representatives solicit orders for a commission; distributors buy and sell for their own account
    -- “Golden handshakes” at termination
    -- Territorial restrictions and “parallel imports”
  • 7. Checklist item #3
    Export Contract:
    -- Custom agreement or standard forms?
    -- Domestic forms need review for international use (e.g., UN Convention on Contracts for the International Sale of Goods)
    -- Terms requiring special attention
  • 8. Checklist item #4
    Taxes:
    -- Generally, independent sales representatives do not create a taxable “permanent establishment” abroad under US tax treaties
    -- If selling through affiliated foreign companies, pay attention to transfer pricing
  • 9. Checklist item #5
    Shipping and Customs:
    -- Delivery at your place or mine?
    -- Clearly define responsibility for arranging shipping, clearing customs, paying duties and so on
    -- ICC Incoterms are very useful in clearly allocating responsibility between buyer and seller
  • 10. Checklist item #6
    Government Regulations and Product Standards:
    -- Do US export controls apply?
    -- US law also prohibits bribery abroad and support for the Arab boycott of Israel
    -- Look into import restrictions and product standards in the destination country
  • 11. Checklist item #7
    Getting Paid:
    -- So how do I assure that I will get paid?
    -- There are various structures that will protect buyer and seller (e.g., letters of credit)
    -- Stay tuned for more details in the next segment
  • 12. What about services?
    -- Exporting is not restricted to tangible goods
    -- Service exports are a large and growing part of US export trade
    -- How are services “exported”?
  • 13. Bon Voyage!

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