Примеры использования Counter-export на Английском языке и их переводы на Русский язык
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Colloquial
Export, import, counter-export and counter-import contracts.
Pursuant to the instructions of the parties, the proceeds of the export letter of credit are blocked in order to cover the counter-export letter of credit.
Cover for the counter-export letter of credit is obtained from the proceeds of the letter of credit opened by the importer for the benefit of the exporter export letter of credit.
When, however, the counter-importer is to pay the exporter only upon shipment of the counter-export goods, the beneficiary of the guarantee would be the exporter.
Sometimes it is agreed that the shipment in a particular direction is to precede the shipment in the other direction in order togenerate funds to pay for the counter-export.
When, however, the counter-importer is to pay the exporter only upon receipt of the counter-export goods, the exporter would be the beneficiary of the guarantee.
Payment under the counter-export letter of credit, which is funded by the export letter of credit, is effected upon presentation of the required documents by the counter-exporter.
Payment to the exporter would also be in order when the proceeds of the export letter of credit exceed what is needed to cover the counter-export letter of credit.
In the event that, by the deadline for presentation of documents evidencing performance of the counter-export contract, those documents have not been presented, the funds would be transferred to the exporter.
Such cases are sometimes referred to as"advance purchase"in view of the fact that the importer is to purchase goods in advance in order to generate financing for the counter-export contract.
A blocked account or crossed letters of credit may be used when the importer does not wish to ship the counter-export goods until the availability of funds to pay for those goods is secured.
In order toensure conclusion of the counter-export contract, the parties conclude, simultaneously with the conclusion of the export contract, a countertrade agreement containing the commitment to conclude the counter-export contract.
There may, however, be situations in which the parties decide to subject the export contract to one law and the counter-export contract to another law.
In some cases the parties may decide to open the counter-export letter of credit only when the proceeds of the export letter of credit would be available to cover the counter-export letter of credit.
The export letter of credit then serves as the basis for the issuance of a letter of credit to pay for the counter-export contract"counter-export letter of credit.
Furthermore, a disagreement may arise over the type,quality or price of counter-export goods if the countertrade agreement is not specific as to those terms, or if the agreed upon goods are of a non-standard type.
Such interdependence may be viewed favourably by an importer whose ability to meet payment obligations under the export contract depends on the proceeds of the counter-export contract being concluded pursuant to the countertrade agreement.
Because of the linkage between the proceeds of the export letter of credit and the counter-export letter of credit, the choice as to the method of payment of the export letter of credit is limited to payment at sight or payment on a deferred basis.
This approach is used when the parties wish to finalize a contract for the shipment in one direction(export contract)before they are able to agree on the contract for the shipment in the other direction counter-export contract.
This may be the case in a buy-back transaction in which, for example,a dispute as to the quality of the counter-export goods manufactured by equipment supplied under the export contract is related to a dispute as to the quality of that equipment.
Sometimes it is agreed that the shipment in a particular direction is to precede the shipment in the other direction, and that the proceeds of the first shipment(export contract)are to be used to pay for the subsequent shipment counter-export contract.
The purpose of the countertrade agreement in such a case is to express the commitment to conclude the counter-export contract or contracts and, to the extent possible, to outline the terms of the future contract and to establish procedures for concluding and carrying out the supply contracts to be concluded.
When the transfer of technology is involved in a countertrade transaction, it is usually part of the export contract, i.e.,the contract that is entered into at the outset of the countertrade transaction together with the countertrade agreement stipulating the conclusion of a counter-export contract.
Under one approach, the export contract andthe countertrade agreement are concluded simultaneously and the counter-export contract is concluded subsequently paragraphs 11-19.
When the proceeds of the export contract are to be used to pay for the counterexport contract,it is advisable that the parties ensure that the quantity purchased under the export contract is such that the proceeds of the export contract would cover payment for the counter-export contract.
A countertrade agreement with a countertrade commitment is used when the parties envisage concluding in the future one or more counter-export contracts, or when the parties envisage concluding in the future supply contracts in the two directions cases(a) and(b) referred to above in paragraph 11.
The failure to issue the counter-export letter of credit, and the resultant absence of a counterexport, may leave the importer liable for costs associated with the import that the importer had originally intended to cover by the proceeds of the counter-export e.g., commission to a third person for resale of goods purchased under the export contract.
Such an independence of the obligations with respect to the shipments in the two directions may not be appropriate in buy-back transactions in which the counter-export of goods is contingent upon the proper implementation of the export contract.
The first type is when the parties at the outset of the transaction finalize a contractin one direction(export contract) and then commit themselves to conclude a counter-export contract(see chapter II, paragraphs 13-19); the second type is when the parties commit themselves at the outset of the transaction to conclude a series of supply contracts in the two directions see chapter II, paragraphs 20 and 21.
For example, when the importer, in accordance with the countertrade agreement, retains the proceeds of the export contract,a dispute as to the responsibility for a failure to conclude a counter-export contract may lead to a related dispute concerning the transfer of proceeds of the export contract to the exporter.