IN last decades In many regulations And educational materials The terms “export-import operations”, “foreign trade operations”, “foreign economic operations” are often used. However, there are no definitions of these concepts in official regulatory legal documents.
Foreign trade operation– is a complex (set) of actions, including preparation, conclusion and execution of a foreign trade transaction.
In the process of carrying out a foreign trade operation, certain actions are carried out in a certain sequence and relationship, and some of them are carried out in parallel. All these actions must be carried out under the guidance and with the direct participation of specific employees of the Russian organization (performers) in interaction with a foreign counterparty (trading partner) according to a pre-developed plan and be aimed at achieving the intended commercial result .
In this case, certain forms and methods are used commercial work in the foreign market, their inherent methods and means, organizational measures and technical techniques. Very important has a thorough study of the terms of the foreign trade contract, their coordination with the foreign partner, signing and subsequent execution of the contract. The contract is quite reasonably considered main element of a foreign trade transaction.
Foreign trade operations are very diverse in content. Among them are usually basic And providing foreign trade operations.
The content of the main operations is the purchase and sale and supply of certain goods, the provision of various services, the performance of work, including on a contract basis, and the exchange of other VTD objects on a paid basis. The group of main operations includes export, import and commodity exchange (compensation), including operations for the export and import of specific goods, such as licenses, copyrights, other intellectual property, for the provision of tourism, engineering, information, consulting and other services , carrying out construction, design and survey, research and other types of work. This group of operations includes rental (leasing), tolling, and trade and intermediary operations.
Operations that ensure normal foreign trade exchange (sometimes called auxiliary) are usually closely tied to the main operations, although formally they are carried out relatively independently, and other foreign trade entities may also participate in them. This group includes individual operations for manufacturing, packaging, storage, quality control, certification of export and import goods, their delivery and acceptance, preparation of the necessary documentation, customs clearance, transport and forwarding services (when transporting foreign trade cargo various types transport), insurance, settlements and lending, advertising of foreign trade goods, patenting inventions and industrial designs, registration of trademarks and service marks, provision of information, consulting and other services, conducting claims and arbitration cases. Often there are up to 10 or more supporting operations for one main operation.
At the same time, in certain cases, supporting operations can have a completely independent meaning if they are not tied to any one main operation, but serve many transactions for the purchase and sale of goods or are carried out independently of the latter. For example, it is enough to register a trademark once in the importer’s country and then repeatedly sell goods with a registered trademark to this country. Monetary transactions may be associated with the supply of certain goods and services, but may not be tied to specific commodity supplies.
Due to the fact that foreign economic activity has acquired a rather diverse character, the term “foreign economic operations” began to be used, understood more broadly than traditional foreign trade operations, since certain species(forms) of foreign economic activity are characterized by specific types of foreign economic transactions.
Carrying out large and complex foreign economic transactions, for example, the construction of an industrial facility (abroad - with the assistance of Russian organizations or on the territory of Russia - with the participation of foreign companies), for the implementation of a large-scale compensation project, under a production sharing agreement, etc., can last for many years. Operations of this kind may include the conclusion of a number of independent transactions that are interconnected and organically necessary for the entire operation.
In conclusion general characteristics foreign trade operations, we note their characteristic modern features:
1) foreign trade operations are a means of implementing the commercial, operational and economic basis of all foreign economic activity;
2) the implementation of a foreign trade transaction can be considered in a certain sense a process consisting of three main stages: preparation, conclusion and execution of a specific foreign trade transaction. Depending on the object of the transaction, the period of foreign trade transactions can vary from several days (even hours) to many years;
3) foreign trade operations are a fairly broad concept, including both the main purchase and sale operations and those that ensure their implementation. Carrying out complex operations often involves several transactions. In other cases, the implementation of one transaction is accompanied by several operations;
4) after decisions made on the liberalization of foreign trade activities, the circle of participants in foreign trade operations during the 90s. has increased many times over and is now very heterogeneous. At the same time, proper state control over the conduct of many foreign trade operations and their effective regulation have been essentially lost.
Let's now move on to the characteristics foreign trade transactions.
In the most general view the concepts of transaction and agreement are formulated in part one of the Civil Code (Civil Code) of the Russian Federation.
Article 153 of the Civil Code of the Russian Federation states: « Transactions actions of citizens or legal entities aimed at establishing, changing or terminating civil rights and obligations are recognized.” In the next article. 154 specifies that “transactions can be two- or multilateral(contracts) and one-sided." The concept of a contract is contained in Art. 420 Civil Code of the Russian Federation: « Agreement an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations is recognized.”
Based on the provisions of the Civil Code of the Russian Federation, the differences between a transaction and an agreement in the understanding of legislators come down to the following: a transaction is considered an action, and a contract is an agreement, and at least two persons participate in the agreement, while a transaction can be unilateral. IN Russian legislation no definition has been formulated foreign trade transaction.
As evidenced by domestic and foreign business practice, foreign trade transactions are inherently commercial in nature, which predetermines the conclusion of transactions most often between two parties, in some cases – between three parties. Unilateral transactions in foreign trade are a fairly rare exception, for example, when supplying goods as gratuitous assistance for natural disasters(note that this type of transaction is not necessarily recognized as foreign trade).
Foreign trade deal is a commercial agreement with a foreign partner (counterparty). It can be considered as a means, a way of carrying out foreign trade operations. At the same time, payment for goods and services can be made in foreign, international or national currency, and for commodity exchange transactions - without cash payments. Let's summarize main features of foreign trade transactions.
1. The main feature of a foreign trade transaction is its conclusion by a Russian participant in foreign trade transactions with a foreign partner, location (place commercial activities) which was recorded in another state.
A foreign trade transaction is recognized, for example, as a transaction concluded between a Russian enterprise (organization) and its subsidiary registered abroad, as well as a transaction between a joint venture registered in Russia and its foreign founder operating abroad. On the contrary, a foreign trade transaction concluded between a Russian foreign trade participant and a joint venture registered in Russia is not considered a foreign trade transaction, even if the capital of the latter is 100% foreign.
2. Another sign of a foreign trade transaction can be considered the settlements mainly in foreign currency(US dollars, euros and other currencies), since Russian ruble is not yet recognized as an international currency of account.
In addition, in barter transactions there are no monetary settlements at all, although prices for mutually supplied goods are calculated in one currency or another.
3. The third sign of a foreign trade transaction is moving its object across the state (customs) border of the Russian Federation, with the exception of cases of sale of goods “on the spot”.
In some cases, goods purchased abroad are not imported into Russia, but are sold (consumed) in the country of purchase, for example, to meet the needs of Russian specialists, employees of embassies and trade missions located in the same country. Similarly, a Russian enterprise can sell to a foreign company any goods intended not for export from Russia, but for use by foreign persons working in Russia.
4. Another sign of a foreign trade transaction is its mandatory conclusion in writing. As mentioned earlier, this is enshrined in the Civil Code of the Russian Federation, as well as in the conditions of our country’s accession to the Vienna Convention.
A significant place in the regulation of civil law relations in each country is occupied by the regulation of contractual obligations. In private international law, the rules relating to the international purchase and sale of goods and foreign economic transactions are of particular importance. It is known that in private international law the rules relating to international purchase and sale have acquired, to a certain extent, the character general provisions for various civil transactions with a foreign element.
In the process of implementing trade, economic and other international relations between organizations and firms of different states, big number agreements, commonly referred to as contracts. The location of the parties, as well as the place of conclusion and execution of these agreements, do not coincide, which requires determining the law to be applied to such an agreement with a foreign or international element.
In paragraph 4 of Art. 2 Federal Law dated 08.12.2003 N 164-FZ "On the fundamentals of state regulation foreign trade activities"only the definition of foreign trade activity is given as the activity of carrying out transactions in the area foreign trade goods, services, information and intellectual property. This regulatory document also deciphers the concept of “foreign trade barter transaction”, which is understood as a transaction made in the implementation of foreign trade activities and involving the exchange of goods, services, works, intellectual property, including a transaction that, along with the above exchange, provides for the use of cash and (or) other means of payment.
The concept of “foreign economic transaction” is collective and the broadest, since it includes absolutely the entire range of transactions known civil law. Thus, foreign economic transactions include:
- - international purchase and sale;
- - international shipping;
- - international construction contracts;
- - international distribution contracts;
- - international credit agreements;
- - international leasing agreements;
- - international agency agreement;
- - international mediation contracts;
- - international franchising;
- - international agreement on non-disclosure of confidential information (NCND), etc.
The direct connection of a foreign economic transaction with entrepreneurial activity does not allow transactions that are aimed at satisfying personal needs to be classified as such. In particular, for transactions involving the consumer, Art. 1212 Civil Code Russian Federation(Civil Code of the Russian Federation) established a separate regulation procedure, which allows us to assume that Art. Art. 1210 and 1211 of this Code are aimed at regulating primarily foreign economic transactions. The entrepreneurial nature of a foreign economic transaction follows from its very name. In addition, the main goal of the activity commercial organization is making a profit (Clause 1, Article 50 of the Civil Code of the Russian Federation). In this sense, the concept of “foreign economic transaction” does not cover such actions as charity(usually in the form of gift agreements), as well as agreements between public legal entities.
So, terminological confusion and the lack of a clear understanding of the nature of a foreign economic contract (agreement) and a foreign trade agreement (contract), a foreign economic transaction have not only a purely theoretical, but also a practical significance. After all, the qualification of a transaction as a foreign economic transaction entails the application of state regulation measures to it and its participants.
The basis for private law regulation of foreign economic transactions is part three of the Civil Code of the Russian Federation, which contains Section. VI "Private International Law" (Articles 1186 - 1224 of the Civil Code of the Russian Federation).
The Civil Code of the Russian Federation uses the term “foreign economic transaction” only twice, and only in connection with its form:
- - in paragraph 3 of Art. 162 of the Civil Code of the Russian Federation - failure to comply with the simple written form of a foreign economic transaction entails the invalidity of the transaction;
- - in paragraph 2 of Art. 1209 of the Civil Code of the Russian Federation - a form of foreign economic transaction, at least one of the parties to which is Russian entity, is subject to Russian law, regardless of the place where this transaction is made.
At their core, the concepts of “foreign economic transaction” and “foreign economic contract” are considered synonymous.
In order to determine the criterion for determining the applicability of the norms of national law, international private law and Russian law to foreign economic transactions, it is necessary to correctly interpret the qualifying features of such a term as “commercial enterprise of the parties,” which is precisely such a criterion.
Thus, the concept of “foreign economic transaction” cannot claim universality. It does not cover international transport and some other types of foreign economic transactions. At the same time, the concept of “foreign economic transaction” differs from the concept of “transaction complicated by a foreign element.” Thus, a foreign element can manifest itself, in particular, if one of the parties to the contract is a foreign person, the fulfillment of the obligation from the contract is carried out in whole or in part on the territory of a foreign state, the contract was concluded in relation to property located abroad, or a unilateral transaction was concluded abroad etc. However, not all such transactions meet the criteria of foreign economic transactions.
MINISTRY OF EDUCATION AND SCIENCE
RUSSIAN FEDERATION
ORYOL STATE INSTITUTE
ECONOMY AND TRADE
Department economic theory and global economy
Topic 05. FOREIGN TRADE OPERATIONS AND TRANSACTIONS: CONTENT, TYPES AND METHODS OF CONCLUSION
1. FOREIGN TRADE TRANSACTIONS: ESSENCE AND TYPES.. 2
2. METHODS OF CONCLUSION OF TRANSACTIONS.. 11
3. FOREIGN TRADE OPERATIONS: ESSENCE AND TYPES... 17
TEST TASKS.. 27
SUBJECTS OF ABSTRACTS: 30
Eagle 2010
FOREIGN TRADE TRANSACTIONS: ESSENCE AND TYPES
A foreign trade operation should be considered as a means, a way of carrying out a foreign trade transaction. is a commercial agreement with a foreign partner (counterparty). Foreign trade (international) transaction - a contract (agreement) between two or more parties (commercial enterprises, firms) located in different countries ah, which stipulates the conditions for the supply of a specified number of commodity units and (or) the provision of certain services.
Main features of foreign trade transactions:
1. Concluding a transaction between a Russian participant in foreign trade transactions with a foreign partner whose location (place of commercial activity) is fixed in another state.
A foreign trade transaction is recognized, for example, as a transaction concluded between a Russian enterprise (organization) and its subsidiary registered abroad, as well as a transaction between a joint venture (FDI) registered in Russia and its foreign founder operating abroad. On the contrary, a transaction concluded between a Russian participant in a foreign trade transaction and a joint venture or FDI registered in Russia is not considered foreign trade, even if the capital of the latter is 100% foreign.
In other words, a transaction is considered international if the legal address of the partners in the transaction indicates different countries. A sales contract is not considered international if it is concluded between parties of different state (national) affiliation, commercial enterprises(firms) which are located on the territory of one state (for example, between branches and subsidiaries of firms from different countries located on the territory of one country). At the same time, an agreement is recognized as international if it is concluded between parties of the same state (nationality), whose commercial enterprises are located on the territory of different states.
2. Carrying out settlements mainly in foreign currency (US dollars, euros and other currencies), since the Russian ruble is not yet recognized as an international settlement currency.
In addition, in barter transactions there are no monetary settlements at all, although prices for mutually supplied goods are calculated in one currency or another.
3. Moving the object of a foreign economic transaction across the state (customs) border of the Russian Federation, with the exception of cases of sale of goods “on the spot”.
In some cases, goods purchased abroad are not imported into Russia, but are sold (consumed) in the country of purchase, for example, to meet the needs of Russian specialists, employees of embassies and trade missions located in the same country. Similarly, a Russian enterprise can sell to a foreign company any goods intended not for export from Russia, but for use by foreign persons working in Russia.
In addition, the object of a re-export transaction concluded by a Russian VTD participant is not necessarily imported into Russia, but can be transported from the seller’s country directly to the country of the final buyer (re-export without import into Russia).
4. Mandatory conclusion of a foreign trade transaction in writing.
This is enshrined in Civil Code RF, as well as in the context of our country’s accession to the Vienna Convention. This Convention was adopted in Vienna in 1980. More than 50 states joined it, including Russia (as the legal successor of the USSR) and many neighboring countries).
Foreign trade transactions can be classified according to a number of criteria, namely: the object (subject) of the transaction; direction of supply; validity period (execution) of concluded transactions; nature and frequency of deliveries; method and place of conclusion of the transaction; subjects of the transaction (Russian and foreign parties); exit method Russian participant VTD to the foreign market. Special types include transactions made on special markets - international exchanges, auctions, and trades.
Classification of foreign economic transactions:
1. For the object (items) of the transaction:
a. Purchase and sale of goods.
The bulk of domestic foreign trade, as well as world trade, accounts for transactions in goods in physical form . Deliveries made in pursuance of such transactions and recorded by the date of movement of the goods across the border constitute the so-called visible exports and imports. Their total volume characterizes the country’s foreign trade turnover and trade balance for a certain period of time (month, year, quarter).
The subject of the transaction can be one product or several product items if the seller supplies them to one buyer. In addition, the subject of the transaction, along with the purchase and sale of goods (goods), may include the provision of certain services, information, related licenses, performance of work.
A more general classification of goods, usually carried out in foreign trade statistics, divides all goods:
For agricultural raw materials and food;
Fuels, minerals and metals;
Chemical products;
Machinery, equipment, vehicles;
Industrial consumer goods.
b. Purchase and sale of services.
In global trade turnover, the share of services reaches 22-25%. International exchange of services is carried out mainly between developed countries and is characterized high degree concentration. They account for 70-75% of MTU. Countries with economies in transition and developing countries account for 3% and about 21-26%, respectively. Russia's share in international trade in services is insignificant. For international organizations – 1%.
In international trade, an official classification of services has been developed. All types of services, in accordance with the Commodity Nomenclature of Foreign Economic Activity, are combined into 6 groups:
Public utilities and construction;
Wholesale and retail, restaurants and hotels, tourist centers and campsites;
Transportation (travel), storage and communications, financial intermediation;
Defense and mandatory social services;
Education, Health and Community Service;
Other services, including social and personal.
c. Purchase and sale of intellectual property.
Transactions on trading the results of intellectual (creative) activity in domestic practice are carried out in two main areas:
Foreign trade in the results of scientific and technical research and inventions in the form of licenses, know-how, R&D, scientific and technical examinations, consultations, and other types of scientific and technical work;
Foreign trade exchange of results creative activity in the field of literature, music, visual and other arts.
2. In the direction of goods flow:
a. Export, including re-export.
Export transactions aimed at exporting goods outside the state. For successful implementation In business, the exporter must: have a certain set of goods; study the market; identify potential buyers and competitors; determine the optimal supply price for the product; conduct promotional events; send offers to potential buyers; sign a contract with the importer; deliver goods; get paid for them.
Re-export transactions- this is the sale with export abroad of previously imported and not processed goods. Typically, these operations arise as a result of changes in the international situation, the lack of direct economic or diplomatic ties between countries, and the outbreak of hostilities. In such cases, the party in need turns to other states for goods, which actually provide them with an intermediary service.
b. Imported, including re-imported.
Import transactions- these are operations that import into the domestic market goods purchased from another country. The importer must: have the necessary funds to purchase the goods; knowing potential suppliers, send them inquiries; analyze the prices of competitors offering the desired product; conclude a contract with the most preferred exporter; receive the purchased goods; make its payment.
Re-import transactions- this is a purchase with import from abroad of previously exported and not processed goods there. This typically includes returning defective products; return of goods not sold by an intermediary on the sales market. Return of goods previously delivered abroad for consignment (sale of goods through consignment warehouses, intermediaries, while the exporter is the owner of the goods).
c. Commodity exchange, including barter.
By barter transactions goods of equal value are exchanged with a foreign counterparty at market prices. In this case, each party acts simultaneously as a seller and a buyer. Barter transactions in world trade have a relatively limited use, but in the last 10-15 years they have become widespread in Russian foreign trade practice, as well as in intra-economic commercial activity.
There are various forms of conducting commodity exchange operations. One of the most well-known forms of commodity exchange in our country is barter transactions (also called “pure” barter). For barter transactions characterized by a direct exchange of goods for goods of equal (equivalent) value without the use of cash (without monetary settlement in foreign or Russian currency), although prices for mutually supplied goods are carefully calculated (to compare offers received from different countries, prices are recalculated into a single currency ).
d. Compensatory and comprehensive.
More complex look The exchange of goods can be considered compensatory transactions (on a compensatory basis, including large-scale ones). Large-scale transactions began to be called transactions in which significant credit funds were involved in order to build a large enterprise that produces products in large quantities. A feature of compensation transactions is their long-term nature (the implementation of many of them in our country was designed for a period of up to 10 years and 6 more a long period), and a significant time gap was provided between the import and export phases.
In general, the types of international compensation transactions can be presented as follows:
- Compensation transactions on a non-currency basis involve payment for supplies in commodity form, when the sale of one or more goods is simultaneously linked to the purchase of another product and settlements in cash are not made.
- Compensation transactions on a commercial basis involve counter-delivery of goods within a specified period (period) on the basis of either a purchase and sale contract alone, or a purchase and sale contract and counter or advance purchase agreements attached to it. These transactions have an agreed financial settlement mechanism with commodity and financial flows in each direction. In this case, financial settlements between the parties can be carried out both through the transfer of foreign currency and through the settlement of mutual clearing claims.
- Compensation transactions based on industrial cooperation agreements assume that deliveries of industrial equipment will be paid for by counter deliveries of goods produced using the purchased equipment. Such transactions can be carried out in different types.
3. According to the validity period and frequency of deliveries.
a. Short-term transactions.
Short-term transactions- transactions executed within one year from the date of conclusion. Such transactions are practiced in cases where trading partners do not yet know each other well and intend to make sure the practice business qualities counterparty in order to move on to longer, sustainable business relationships. Concluding short-term transactions is also advisable in: situations where the seller is not confident in its long-term export capabilities or the buyer’s import needs for a longer period have not been determined. Therefore, short-term transactions can be concluded annually by those trading partners who have already established stable business ties.
b. Medium-term transactions.
Medium-term transactions- these are transactions with a validity period of up to three years. Such transactions reflect the more stable nature of business relations between counterparties, but the latter, for one or other reasons, are not yet ready to move on to concluding longer-term contracts.
c. Long-term deals.
Long-term deals characterized by a validity period of 3-5 years or more, regardless of the number of deliveries during the established period. Concluding long-term transactions provides the seller with stable long-term sales, and the buyer with a stable supply of certain goods. Such transactions have become widespread in international trade. In this case, the parties usually do not set fixed prices for the entire period of the transaction, so as not to incur losses and not miss benefits when market prices change.
Long-term transactions are widely practiced in foreign trade of complex, complete equipment that requires a long production time (for example, when buying and selling sea vessels). It may take 5-7 or more years to complete such an order. After which the equipment is delivered (one-time or in several batches). Long-term deals for the export of gas (for a period of up to 25 years), as well as oil products, electricity and other goods, have also become widespread. ;
d. "Transactions for a term."
"Transactions for a term" differ in that the buyer is interested in receiving the goods strictly by a certain date, after which there is no need for this product (for example, Christmas tree decorations must be received by New Year's holidays, planting and seed materials - by the beginning of the sowing campaign). The contract for the term must contain a direct indication or it must be clear from its content that if the delivery deadline is violated, the contract is automatically canceled or the buyer has the right to immediately unilaterally terminate the contract.
4. By the method of entering the foreign market.
a. Direct access to the foreign market.
Direct output to a foreign market is characterized by concluding a transaction directly with a foreign buyer (consumer) of an export product or with a foreign seller (manufacturer) of an imported product. One of the parties to such a transaction usually acts as a seller, and the other as a buyer. The exception is barter transactions, when each party is both a seller and a buyer.
b. Indirect access to the foreign market.
Indirect exit to the foreign market is characterized by the use of a system of intermediary services. With the help of experienced intermediaries, it is possible to carry out foreign trade operations more efficiently.
MINISTRY OF EDUCATION AND SCIENCE
RUSSIAN FEDERATION
ORYOL STATE INSTITUTE
ECONOMY AND TRADE
Department of Economic Theory and World Economy
Topic 05. FOREIGN TRADE OPERATIONS AND TRANSACTIONS: CONTENT, TYPES AND METHODS OF CONCLUSION
1. FOREIGN TRADE TRANSACTIONS: ESSENCE AND TYPES.. 2
2. METHODS OF CONCLUSION OF TRANSACTIONS.. 11
3. FOREIGN TRADE OPERATIONS: ESSENCE AND TYPES... 17
TEST TASKS.. 27
SUBJECTS OF ABSTRACTS: 30
Eagle 2010
FOREIGN TRADE TRANSACTIONS: ESSENCE AND TYPES
A foreign trade operation should be considered as a means, a way of carrying out a foreign trade transaction. is a commercial agreement with a foreign partner (counterparty). Foreign trade (international) transaction - a contract (agreement) between two or more parties (commercial enterprises, firms) located in different countries, which stipulates the conditions for the supply of a specified number of commodity units and (or) the provision of certain services.
Main features of foreign trade transactions:
1. Concluding a transaction between a Russian participant in foreign trade transactions with a foreign partner whose location (place of commercial activity) is fixed in another state.
A foreign trade transaction is recognized, for example, as a transaction concluded between a Russian enterprise (organization) and its subsidiary registered abroad, as well as a transaction between a joint venture (FDI) registered in Russia and its foreign founder operating abroad. On the contrary, a transaction concluded between a Russian participant in a foreign trade transaction and a joint venture or FDI registered in Russia is not considered foreign trade, even if the capital of the latter is 100% foreign.
In other words, a transaction is considered international if the legal address of the partners in the transaction indicates different countries. A purchase and sale agreement is not considered international if it is concluded between parties of different state (national) affiliation, whose commercial enterprises (firms) are located on the territory of one state (for example, between branches and subsidiaries of companies from different countries located on the territory of one country). At the same time, an agreement is recognized as international if it is concluded between parties of the same state (nationality), whose commercial enterprises are located on the territory of different states.
2. Carrying out settlements mainly in foreign currency (US dollars, euros and other currencies), since the Russian ruble is not yet recognized as an international settlement currency.
In addition, in barter transactions there are no monetary settlements at all, although prices for mutually supplied goods are calculated in one currency or another.
3. Moving the object of a foreign economic transaction across the state (customs) border of the Russian Federation, with the exception of cases of sale of goods “on the spot”.
In some cases, goods purchased abroad are not imported into Russia, but are sold (consumed) in the country of purchase, for example, to meet the needs of Russian specialists, employees of embassies and trade missions located in the same country. Similarly, a Russian enterprise can sell to a foreign company any goods intended not for export from Russia, but for use by foreign persons working in Russia.
In addition, the object of a re-export transaction concluded by a Russian VTD participant is not necessarily imported into Russia, but can be transported from the seller’s country directly to the country of the final buyer (re-export without import into Russia).
4. Mandatory conclusion of a foreign trade transaction in writing.
This is enshrined in the Civil Code of the Russian Federation, as well as in the conditions of our country’s accession to the Vienna Convention. This Convention was adopted in Vienna in 1980. More than 50 states joined it, including Russia (as the legal successor of the USSR) and many neighboring countries).
Foreign trade transactions can be classified according to a number of criteria, namely: the object (subject) of the transaction; direction of supply; validity period (execution) of concluded transactions; nature and frequency of deliveries; method and place of conclusion of the transaction; subjects of the transaction (Russian and foreign parties); method for a Russian VTD participant to enter the foreign market. Special types include transactions made on special markets - international exchanges, auctions, and trades.
Classification of foreign economic transactions:
1. For the object (items) of the transaction:
a. Purchase and sale of goods.
The bulk of domestic foreign trade, as well as world trade, accounts for transactions in goods in physical form . Deliveries made in pursuance of such transactions and recorded by the date of movement of the goods across the border constitute the so-called visible exports and imports. Their total volume characterizes the country’s foreign trade turnover and trade balance for a certain period of time (month, year, quarter).
The subject of the transaction can be one product or several product items if the seller supplies them to one buyer. In addition, the subject of the transaction, along with the purchase and sale of goods (goods), may include the provision of certain services, information, related licenses, performance of work.
A more general classification of goods, usually carried out in foreign trade statistics, divides all goods:
For agricultural raw materials and food;
Fuels, minerals and metals;
Chemical products;
Machinery, equipment, vehicles;
Industrial consumer goods.
b. Purchase and sale of services.
In global trade turnover, the share of services reaches 22-25%. International exchange of services occurs mainly between developed countries and is characterized by a high degree of concentration. They account for 70-75% of MTU. Countries with economies in transition and developing countries account for 3% and about 21-26%, respectively. Russia's share in international trade in services is insignificant. For international organizations – 1%.
In international trade, an official classification of services has been developed. All types of services, in accordance with the Commodity Nomenclature of Foreign Economic Activity, are combined into 6 groups:
Utilities and construction;
Wholesale and retail trade, restaurants and hotels, tourist centers and campsites;
Transportation (travel), storage and communications, financial intermediation;
Defense and mandatory social services;
Education, Health and Community Service;
Other services, including social and personal.
c. Purchase and sale of intellectual property.
Transactions on trading the results of intellectual (creative) activity in domestic practice are carried out in two main areas:
Foreign trade in the results of scientific and technical research and inventions in the form of licenses, know-how, R&D, scientific and technical examinations, consultations, and other types of scientific and technical work;
Foreign trade exchange of the results of creative activity in the field of literature, music, visual and other types of art.
2. In the direction of goods flow:
a. Export, including re-export.
Export transactions aimed at exporting goods outside the state. To successfully carry out the business, the exporter must: have a certain set of goods; study the market; identify potential buyers and competitors; determine the optimal supply price for the product; conduct promotional events; send offers to potential buyers; sign a contract with the importer; deliver goods; get paid for them.
Re-export transactions- this is the sale with export abroad of previously imported and not processed goods. Typically, these operations arise as a result of changes in the international situation, the lack of direct economic or diplomatic ties between countries, and the outbreak of hostilities. In such cases, the party in need turns to other states for goods, which actually provide them with an intermediary service.
b. Imported, including re-imported.
Import transactions- these are operations that import into the domestic market goods purchased from another country. The importer must: have the necessary funds to purchase the goods; knowing potential suppliers, send them inquiries; analyze the prices of competitors offering the desired product; conclude a contract with the most preferred exporter; receive the purchased goods; make its payment.
Re-import transactions- this is a purchase with import from abroad of previously exported and not processed goods there. This typically includes returning defective products; return of goods not sold by an intermediary on the sales market. Return of goods previously delivered abroad for consignment (sale of goods through consignment warehouses, intermediaries, while the exporter is the owner of the goods).
c. Commodity exchange, including barter.
By barter transactions goods of equal value are exchanged with a foreign counterparty at market prices. In this case, each party acts simultaneously as a seller and a buyer. Barter transactions in world trade have a relatively limited use, but in the last 10-15 years they have become widespread in Russian foreign trade practice, as well as in intra-economic commercial activity.
There are various forms of conducting commodity exchange operations. One of the most well-known forms of commodity exchange in our country is barter transactions (also called “pure” barter). For barter transactions characterized by a direct exchange of goods for goods of equal (equivalent) value without the use of cash (without monetary settlement in foreign or Russian currency), although prices for mutually supplied goods are carefully calculated (to compare offers received from different countries, prices are recalculated into a single currency ).
d. Compensatory and comprehensive.
Compensation transactions (on a compensation basis, including large-scale ones) can be considered a more complex type of trade exchange. Large-scale transactions began to be called transactions in which significant credit funds were involved in order to build a large enterprise that produces products in large quantities. A feature of compensation transactions is their long-term nature (the implementation of many of them on the territory of our country was designed for a period of up to 10 years and a longer period), and a significant time gap was provided between the import and export phases.
In general, the types of international compensation transactions can be presented as follows:
- Compensation transactions on a non-currency basis involve payment for supplies in commodity form, when the sale of one or more goods is simultaneously linked to the purchase of another product and settlements in cash are not made.
- Compensation transactions on a commercial basis involve counter-delivery of goods within a specified period (period) on the basis of either a purchase and sale contract alone, or a purchase and sale contract and counter or advance purchase agreements attached to it. These transactions have an agreed financial settlement mechanism with commodity and financial flows in each direction. In this case, financial settlements between the parties can be carried out both through the transfer of foreign currency and through the settlement of mutual clearing claims.
- Compensation transactions based on industrial cooperation agreements assume that deliveries of industrial equipment will be paid for by counter deliveries of goods produced using the purchased equipment. Such transactions can be carried out in different types.
3. According to the validity period and frequency of deliveries.
a. Short-term transactions.
Short-term transactions- transactions executed within one year from the date of conclusion. Such transactions are practiced in cases where trading partners do not yet know each other well and intend to convince themselves of the business qualities of the counterparty in order to move on to longer, stable business relationships in the future. Concluding short-term transactions is also advisable in: situations where the seller is not confident in its long-term export capabilities or the buyer’s import needs for a longer period have not been determined. Therefore, short-term transactions can be concluded annually by those trading partners who have already established stable business ties.
b. Medium-term transactions.
Medium-term transactions- these are transactions with a validity period of up to three years. Such transactions reflect the more stable nature of business relations between counterparties, but the latter, for one or other reasons, are not yet ready to move on to concluding longer-term contracts.
c. Long-term deals.
Long-term deals characterized by a validity period of 3-5 years or more, regardless of the number of deliveries during the established period. Concluding long-term transactions provides the seller with stable long-term sales, and the buyer with a stable supply of certain goods. Such transactions have become widespread in international trade. In this case, the parties usually do not set fixed prices for the entire period of the transaction, so as not to incur losses and not miss benefits when market prices change.
Long-term transactions are widely practiced in foreign trade of complex, complete equipment that requires a long production time (for example, when buying and selling sea vessels). It may take 5-7 or more years to complete such an order. After which the equipment is delivered (one-time or in several batches). Long-term deals for the export of gas (for a period of up to 25 years), as well as oil products, electricity and other goods, have also become widespread. ;
d. "Transactions for a term."
"Transactions for a term" differ in that the buyer is interested in receiving the goods strictly by a certain date, after which there is no need for this product (for example, Christmas tree decorations need to be received by the New Year holidays, planting and seed materials - by the beginning of the sowing campaign). The contract for the term must contain a direct indication or it must be clear from its content that if the delivery deadline is violated, the contract is automatically canceled or the buyer has the right to immediately unilaterally terminate the contract.
4. By the method of entering the foreign market.
a. Direct access to the foreign market.
Direct output to a foreign market is characterized by concluding a transaction directly with a foreign buyer (consumer) of an export product or with a foreign seller (manufacturer) of an imported product. One of the parties to such a transaction usually acts as a seller, and the other as a buyer. The exception is barter transactions, when each party is both a seller and a buyer.
b. Indirect access to the foreign market.
Indirect exit to the foreign market is characterized by the use of a system of intermediary services. With the help of experienced intermediaries, it is possible to carry out foreign trade operations more efficiently.
The concept of foreign trade activity
Foreign economic activity- this is an activity between Russian business entities and foreign business entities, taking place both on the territory of Russia and abroad, but with the obligatory crossing of the customs border as the subject of a foreign economic agreement (contract).
The subject of a foreign economic agreement (contract) can be things and other values (including in intangible form), which are expressed in monetary form. Depending on the economic form that property values have, they may be classified as fixed assets, working capital, financial resources and goods. In international practice, there are the following types of foreign economic activity:
1. Foreign trade activities.
2. Industrial cooperation.
4. Foreign exchange and financial and credit operations.
Foreign trade activity (FTA) is one of the most important areas of foreign economic activity. In the professional literature, the following definition can be distinguished: foreign trade activity is the activity of business entities in the field of exchange of goods, work, services, information and other factors of production at the international level.
The main form of a foreign trade contract is one, the subject of which is a product. A product is understood as a product produced by an enterprise or work and/or services performed by a company.
Regulation of foreign trade activities in international law
In accordance with international law, the concept of goods in sales contracts is also limited. Among the main international legal means of regulating the relations of the parties under a purchase and sale agreement, three main documents can be distinguished:
1. "UN Vienna Convention" on contracts for the sale of goods 1980;
2. Principles of international commercial agreements of UNIDROIT;
3. Rules for the interpretation of international commercial terms Incoterms. These documents complement each other.
The "UN Vienna Convention" cannot be applied to the sale of:
Goods that are purchased for personal or business use (except for cases where the seller could not know that the goods are purchased for such use);
From auction;
Stocks, shares, money;
Electricity;
Air and water transport vessels;
By way of enforcement proceedings or otherwise by force of law.
In accordance with INCOTERMS rules, goods are understood only as tangible goods. That is, the sale of intangible goods (for example, software, rights), as well as works and services, Incoterms do not apply.
To summarize the above, goods in international sales contracts should be understood as products that have material form and can be identified at the time of transfer to the buyer. This understanding of goods and taking into account the requirements of international law allows us to give the following definition of foreign trade activity - this is activity in the field of international exchange of material goods between Russian business entities and foreign business entities, which takes place both on the territory of Russia and abroad without necessarily crossing the customs border Russia. Restrictions on foreign trade activities by mandatory crossing of the customs border are unacceptable and contradict the requirements of the UN Vienna Convention, according to which goods may not cross the customs border of a country, provided that the parties to the agreement or one of them, the law of which is used in the agreement, are located in countries party to the Convention.
Subjects and types of foreign trade operations
Participants in foreign trade activities are understood as subjects various forms management and property, the relationships between which are determined not only by the form of the agreement, but also extend to the authorities regulating this activity, participants in settlements for foreign trade operations (WTO). These connections are carried out in two directions:
- vertical - between subordinate enterprises of the same industry, as well as between the state and subjects of foreign trade activities;
- horizontal - between individual subjects of foreign trade transactions and between individual states.
An analysis of current regulations in Russia made it possible to identify several characteristics of VTD participants and, on their basis, develop a classification of VTD participants (Fig. 1).
Due to the variety of forms of connections, there are several main types of VTD. Their classification, developed in accordance with the definition of foreign trade activities, is shown in Fig. 2.
In Russia, the most common operations are operations that are carried out in the following types.
