商务英语教程

商务英语教程 Contents Unit 1 INCOTERMS 2000 Unit 2 International Marine Cargo Transport Unit 3 Insurance in International Trade Unit 4 in International Settlement Unit 5 Anti-Dumping Unit 6 P.E.S.T. Analysis Unit 7 “P”(Political) of PEST Unit 8 “E”(Economics) of PEST Unit 9 “S”(Social/cultural) of PEST Unit 10 “T”(Technology) of PEST Unit 1 INCOTERMS 20001 1. E Term E Term has only one term—EXW. EX works means that the seller fulfills his obligations to deliver when he has made the goods available at his premises (i.e. works, factory, warehouse, etc) to the buyer. Under this term, unless the contract stipulates otherwise, the seller is not bound to2 load the goods on board the vehicle provided by the buyer, or to clear the goods for export3. The buyer bears all costs and risks involved in taking the goods from the seller’s premises to the desired destination. Hence, this term represents the minimum obligation for the seller. 2. F Terms F Terms involves three terms—FAS, FOB and FCA. FAS (Free Alongside Ship) means that the seller fulfills his obligation to deliver when the goods have been placed alongside the vessel on the quay or in the lighters4 at the name port of shipment. From that moment the buyer has to bear all costs and risks of the loss or damage to the goods. Under this term, the seller is bound to clear the goods for export. FOB (Free on Board) means that the seller fulfills his obligations to deliver when the goods, cleared for export, have passed over the rail of the vessel at the named port of shipment. This means that the buyer shall, from that point, be responsible for all costs and risks of the loss or damage to the goods. Under this term, it is the buyer who arranges the ship for the shipment of the goods. So, the parties must try to ensure that the goods and the ship arrive at the same loading port concurrently. The loss caused by the untimely arrival or delay of the ship shall be compensated by the buyer while the loss arising from the untimely arrival or delay of the goods will be covered by the seller. At the request of the buyer, the seller may make the charter party5 or book shipping space on behalf of the buyer, but the cost as well as the risk shall be covered by the buyer. FCA (Free from Carrier) means that the seller fulfills his obligations to deliver when he has handed over the goods, cleared for export, into the charge of the carrier named by the buyer at the appointed place or point. If the seller hands over the goods to the carrier at his own premises, the seller is bound to load the goods on board the vehicle, while the seller is not bound to unload the goods from the vehicle if the goods are handed over to the carrier at the place appointed by the buyer. This term may be used for any mode of transport, including the carriages by air, road, rail, sea, inland waterway, or by a combination of such modes. 3. C Terms C Terms includes CFR, CIF, CPT, CIP. CFR (Cost and Freight) means that the seller covers the cost of carriage but does not bear the risk arising from the carriage of the goods. That is to say, the seller must pay the cost and freight necessary to bring the goods to the named port of destination but the risk of the loss or damage to the goods, as well as any additional cost due to the events occurring after the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass over the rail of the vessel in the port of shipment. This term is only used for sea and inland waterway transport. Under this term, the buyer shall effect the insurance. CIF (Cost, Insurance and Freight) means that the seller shall not only have the same obligations as under CFR, but also procure marine insurance against the buyer’s risk of loss of or damage to the goods during the carriage. CPT (Carriage Paid To) means that the seller pays the freight for the carriage of the goods to the named destination. The risk of the loss of or damage to the goods, as well as any additional costs due to the event occurring after the time the goods have been delivered to the carrier, shall be transferred from the seller to the buyer when the goods have been handed over into the custody of the carrier. This term may be used for any mode of transport. CIP (Carriage Insurance Paid To) means that the seller shall have the same obligations as under CPT, in addition, the seller shall procure the insurance against the buyer’s risk of loss of or damages to the goods during the carriage. Under C and F terms, the symbolic delivery of the goods6 is applied, that is, once the seller has delivered the goods and acquired the necessary documents, he is entitled to the payments of the goods even if the carriages are lost during the transit. If the goods are lost during the transit, the buyer, instead of the seller, is to ask the insurance company to cover the losses. So such delivery also means to transfer the necessary documents at the stipulated time. 4. D Terms This group contains five terms: DAF, DES, DEQ, DDU and DDP. DAT (Delivered at Frontier) means that the seller fulfills his obligation to deliver when the goods have been made available, cleared for export, at the named point or place at the frontier, but before the customs border of the adjoining country. This term is primarily intended to be used when the goods are to be carried by rail or road, but it may also be used for any other mode of transport. DES (Delivered Ex Ship) means that the seller fulfills his obligation to deliver when the goods have been made available to the buyer on board the ship at the named port of destination. The seller has to bear all costs and risks involved in bring the goods to the named port of destination. The buyer shall clear the goods for import. This term can only be used for sea or inland waterway transport. DEQ (Delivered Ex Quay) means that the seller fulfills his obligation to deliver when the goods have been made available to the buyer on the quay at the name port of destination. The seller shall bear all risks and costs of delivering the goods thereto. But the buyer shall clear the goods for import. DDU (Delivered Duty Unpaid) means that the seller fulfills his obligation to deliver when the goods have been made available to the buyer at the named place in the country of importation. The seller shall bear the risks and costs involved in bring the goods thereto. The buyer shall clear the goods for import and pay customs duties7. DDP (Delivered Duty Paid) means that the seller fulfills his obligation to deliver when the goods have been made available at the named place in the country of importation. Under this term, the seller shall not only bear costs and risks involved in bringing the goods thereto, but also clear the goods for import and pay customs duties. This term represents maximum obligations for the seller. E Term and D terms may be called physical delivery of the good8, that is, the seller shall deliver the contracted goods at agreed time, place and in the agreed manners to the buyer. Before the goods have been made available for the buyer’s disposal, the seller shall be responsible for all costs and risks. Notes to the Text 1. INCOETERMS 2000 INCOETERMS 的副标题为International Rules for the Interpretation of Trade Terms，故译为 “国际贸易术语解释通则”。INCOETERMS这一缩略词则源于International Commercial Terms三词。该套术语由国际商会ICC(International Chamber of Commerce)于1936年制订。为了适应国际贸易的不断发展，国际商会于1953年、1967年、1976年、1980年、1990年先后对《INCOTERMS》作了修订和补充。目前采用的是2000年版的《国际贸易术语解释通则》。该通则共有13个贸易术语，就货物交付、风险转移、通关手续办理、主要费用划分、运输方式等作了明确的规定。该套术语在国际上得到广泛的承认和采用，为国际货物买卖最为重要的贸易惯例。与90年版相比，2000年版则对FCA、FAS、DES作了明显的补充或变动，使该套术语更易于实际操作。此外，有关贸易术语的国际贸易惯例还有《1932年华沙—牛津规则》(Warsaw—Oxford Rules 1932)及《1941年美国对外贸易定义修订本》(Revised American Foreign Trade Definitions 1941)。 2. is not bound to 没有义务。 3. to clear the goods for export 办理货物出口清关手续。此处主要是指买方应办理货物出口所需的一切海关手续，包括交纳关税及其他相关费用 4. lighters 驳船。驳船通常在货轮不能靠港时使用，由其将货物从码头运至停于港外的货轮，再将货物从驳船装上货轮。 5. the charter party 租船合同。在FOB合同中，应有买方负责安排运输，办理租船或订舱手续，并支付运费。在实务中，对于大宗货物，包括散装货，需作整船装运时，买方通常自行阻船，而货物只需部分舱位时，则常委托卖方向班轮公司订舱，而相关费用及风险则由 6. the symbolic delivery of the goods 象征性交货。主要是指在F组、C组贸易术语项下，卖方是通过向买方提交货运单据（主要有提单、商业发票、装箱单、保险单等）来完成其交货义务的。卖方所提交的单据等同于交付货物。由于这两组术语下都具有在装运港（装运地）交货的性质，因此其性质属于装运合同。 7. customs duties 关税。 8. physical delivery of the good 实际交货。也就是说，按D组术语成交时，卖方应承担货物运至目的地的所有费用及风险，即在目的地履行其交货义务，因此，其性质上属于到达合同。 Exercise 1. Explain the following terms in English: CIF CFR FOB FAS CIP CPT DDU DDP 2. Give the Chinese equivalents to the following terms: Incoterms CFR liner terms CFR ex tackle CFR landed CFR ex ship’s hold FOB trimmed FOB stowed FOB vessel 3. Judge whether the following statements are true or false: 1) EXW represents the minimum obligations for the seller, while DDP represents the maximum obligations. 2) CIFC5% means CIF including 5% commission, while CIFD5% means CIF less 5% discount. 3) Under CFR term, all risks concerning loss of or damages to the goods shall be transferred from the seller to the buyer when the goods pass over the rail of the vessel. 4) According to Incoterms 2000, under FAS term the buyer shall be responsible for clearing the goods for export. 5) According to Incoterms 2000, under DEQ term the seller shall be responsible for clearing the goods for import. 6) Under Incoterms, there is no mention of the transfer of title to the goods. 4. Complete the following sentences: 1) Under FOB stowed, ____________ shall bear the cost of stowing as well as loading. 2) Under FOB trimmed, ____________ shall bear the trimming and loading expenses. 3) Under CFR ex tackle, ____________ shall bear the unloading charges. 4) Under CFR ex ship’s hold, the unloading charges shall be borne by __________. 5) _________ delivery of the goods is applied under E and D terms, while __________ delivery of the goods is applied under F and C terms. 6) Under DES, the seller fulfills his obligation to deliver when the goods have been made available to the buyer on board the ship uncleared for ________ at the name port of ________. Unit 2 International Marine Cargo Transport1 There are different ways to carry the goods to their destination, such as marine transport, land transport, air transport and multi-mode transport, etc. In choosing one mode of transport, one shall consider such elements as the availability of the transport vehicles, the time of transport, the quantity of the goods and the safety of the goods, etc. 1. Modes of Marine transport Marine transport falls into two groups: liner transport and charter transport2. Liners operate on a scheduled service between a group of ports. Liners sail on the scheduled dates and times irrespective of whether the ships are full or not. The respective obligations and liabilities of the consignors and the carriers are listed in the bill of lading issued by the liner companies. The freight of liners comprises basic charges and additional charges. There are several ways to be used to calculate the basic charges. The cargoes are usually charged by W/T, M/T, A/V3, the numbers of the goods, or as arranged by the consignor and carrier. The additional charges may contain long length surcharge, over weight surcharge , currency adjustment factor, optional charge, port congestion surcharge, transshipment surcharge, bunker adjustment factor, alternation surcharge, and port surcharge4, etc. The goods are usually classified into 20 grades which are listed in the liner’s freight tariff5. The basic freight rates are charged according to their respective grades. One may acquire such information in the liner’s freight tariff of the shipping company. Charter transport, also called tramp transport, unlike the liner transport, does not operate on a fixed route and a fixed schedule. The tramps go all over the world in search of the goods, primarily bulk shipments, like coal, grain, timber, mineral ores, fertilizers, etc. They are usually carried in complete shiploads. Tramp vessels are engaged under charter on a time, voyage or demise basis6. Voyage charter might be determined by one single or consecutive single voyages or one return or consecutive return voyages, while time charter is on time basis. It might be several months, a year, or even many years. Under demise, or bareboat charter, the charterer has to supply by himself the crew, and the vessel is completely under his control. 2. Marine Transport Bill of lading Marine Transport Bill of lading, shortened as B/L, is issued by the captain or the shipping company or its agent. It is a document to testify that the goods have been received or shipped on board, and will be delivered to a certain place of destination by the carrier. In legal sense, it is a receipt issued by the carrier to have received the goods. It is also a document of title, with which the seller may come to the bank for negotiation of payment, and the bearer can get the goods at the port of destination from the carrier. Furthermore, B/L is the evidence of the carriage contract between the consignor and the carrier. In general, B/L may contains the following information: (1) Carrier (2) Shipper (3) Consignee7 (This column shall be filled in with great care, if L/C is involved, with instructions of L/C) (4) Notified party (5) B/L No. (6) Name of vessel and V/N (7) Port of discharge (8) Port of delivery (9) Shipping marks (10) Description of the goods (11) G/W, N/W, Measurement (12) Freight prepaid or to collect8 (13) Signature of the master or his agent and the date B/L may fall into the following varieties. (1) On board B/L and Received for shipment B/L9 (2) Straight B/L, Order B/L and Open B/L10 (3) Clean B/L and Unclean B/L11 (4) Direct B/L, Transshipment B/L and Through B/L 3. Carrier’s responsibilities12 According to the maritime law of china, the responsibilities of the carrier with regard to the goods carried in containers cover the entire period during which the carrier is in charge of the goods, starting from the time the carrier has taken over the goods at the port of loading, until the goods have been delivered at the port of discharge. The responsibilities of the carrier with respect to non-containerized goods cover the period during which the carrier is in charge of the goods, starting from the time of loading of the goods onto the ship until the time the goods are discharged therefrom. During the period the carrier is in charge of the goods, the carrier shall be liable for the loss of or damage to the goods, except as otherwise provided for in the law. The carrier may enter into any agreement concerning carrier's responsibilities with regard to non-containerized goods prior to loading onto and after discharging from the ship. The carrier shall, before and at the beginning of the voyage, exercise due diligence to make the ship seaworthy, properly man, equip and supply the ship and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation13. The carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. The carrier shall carry the goods to the port of discharge on the agreed or customary or geographically direct route. The carrier shall be liable for the loss of or damage to the goods caused by delay in delivery due to the fault of the carrier, except those arising or resulting from causes for which the carrier is not liable. The carrier shall be liable for the economic losses caused by delay in delivery of the goods due to the fault of the carrier, even if no loss of or damage to the goods had actually occurred, unless such economic losses had occurred from causes for which the carrier is not liable. The carrier shall not be liable for the loss of or damage to the goods occurred during the period of carrier's responsibility arising or resulting from any of the following causes: (1) Fault of the Master, crew, pilot or servant of the carrier in the navigation or management of the ship; (2) Fire, unless caused by the actual fault of the carrier; (3) Force majeure14 and perils, dangers and accidents of the sea or other navigable waters; (4) War or armed conflict; (5) Act of the government or competent authorities, quarantine restrictions or seizure under legal process; (6) Strikes, stoppages or restraint of labor; (7) Saving or attempting to save life or property at sea; (8) Act of the shipper, owner of the goods or their agents; (9) Nature or inherent vice of the goods; (10) Inadequacy of packing or insufficiency of illegibility of marks; (11) Latent defect of the ship not discoverable by due diligence; (12) Any other causes arising without the fault of the carrier or his servant or agent. The carrier who is entitled to exonerate from the liability15 for compensation under the above- mentioned causes, shall, with the exception of the fir cause, bear the burden of proof16. The carrier shall not be liable for the loss of or damage to the live animals arising or resulting from the special risks inherent in the carriage thereof. However, the carrier shall be bound to prove that he has fulfilled the special requirements of the shipper with regard to the carriage of the live animals and that under the circumstances of the sea carriage, the loss or damage has occurred due to the special risks inherent therein. The amount of indemnity for the loss of the goods shall be calculated on the basis of the actual value of the goods so lost, while that for the damage to the goods shall be calculated on the basis of the difference between the values of the goods before and after the damage, or on the basis of the expenses for the repair. The actual value shall be the value of the goods at the time of shipment plus insurance and freight. Where the performance of the carriage or part of the carriage thereof has been entrusted to an actual carrier, the carrier shall nevertheless remain responsible for the entire carriage. The carrier shall be responsible, in relation to the carriage performed by the actual carrier, for the act or omission of the actual carrier and of his servant or agent acting within the scope of his employment or agency. Where a contract of carriage by sea provides explicitly that a specified part of the carriage covered by the said contract is to be performed by a named actual carrier other than the carrier, the contract may nevertheless provide that the carrier shall not be liable for the loss, damage or delay in delivery arising from an occurrence which takes place while the goods are in the charge of the actual carrier during such part of the carriage. Where both the carrier and the actual carrier are liable for compensation, they shall be jointly liable17 within the scope of such liability. 4. International conventions on marine transport18 A. Hague Rules: a) imperfect liability with fault19 b) period of responsibility: tackle to tackle c) amount of limitation of liability: 100 pounds/unit d) Limitation: 1 year B. Visby rules: a) amount of limitation of liability: 1000 gold francs/unit b) limitation: 1year C. Hamburg rules a) liability: presumed liability with fault20 b) period of responsibility: reception to delivery c) amount of limitation of liability: 835SDR/unit d) limitation: 2 years Note to the Text 1.International Marine Cargo Transport 国际海上货物运输。国际货物运输是指采用一种或多种运输方式将货物从一国或地区运至另一国或地区的某一地点。国际货物运输涉及多种运输方式，包括海运(marine transport)、空运(air transport)、铁路运输(rail transport)、公路运输(road transport)、邮政运输(parcel post transport)、内陆水道运输（如江河运输、湖泊运输）(inland waterway transport)、管道运输(pipe transport)、国际多式联运(international multi-modal transport)等。其中，海上运输为最重要的运