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VSE Selling Procedures Page 2
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VSE Selling Procedures

U.S. GOVERNMENT PROGRAMS:

Invitations for bids should also state which, if any, U.S. government program is to apply to the offer or contract, such as the credit guarantee program GSM-102.


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  U.S. REGULATIONS:

U.S. exporters and importers are subject to regulations which restrict the export or re-export of commodities to certain destinations. Exporters must present to the carrier or the U.S. Customs service a "shipper's export declaration" which names the ultimate and intermediate destinations of the cargo. The cargo cannot be delivered to any country that is not named on the declaration.

In addition, a "destination control statement" must be entered on the originals and all copies of the bill of lading and commercial invoice. This means the importer must agree to accept documents bearing the destination control statement.

For example:

"United States law prohibits distribution of these commodities to Libya, North Korea, Cambodia or Cuba, unless authorized by the U.S. government."

U.S. exporters also are subject to U.S. regulations on restrictive trade practices or boycotts. Exporters may not engage in transactions that require the exporter to refuse to do business with a country or individual for boycott reasons.

PURCHASING UNDER DIRECT NEGOTIATION:

The Invitation for Bid (IFB) is a standard, rigid document that allows all exporters invited to offer a known commodity for a fixed shipment (or delivery period). Parties using the IFB method of procurement almost always buy the cheapest offer from those presented with no negotiation. While this is acceptable to some buyers, many importers like to play a more active role in negotiating the terms and conditions of the purchase contract. These importers often engage in direct negotiation with one or more suppliers.

The individual pieces of the final contract (the quality, quantity, shipping terms, and so forth) must still be addressed by the buyer and the seller in a direct negotiation. However, purchasing directly allows the seller to suggest alternatives or options to the buyer that may significantly reduce the importer's purchase price.

For example, an exporter may be able to provide an importer with a discounted price for a slightly later shipment period, or the importer may benefit from taking a slightly higher moisture content in a particular purchase. Importers can compare prices and determine the best time and entity to purchase from. However, it should be noted that most exporters can easily figure out whether or not an importer is a serious buyer.

Regardless of the method used in the procurement process, the following standard form contracts are normally a part of any U.S. feed grains export transaction, and any potential importer should read these forms and understand them thoroughly prior to initiating any discussions with potential trading partners.

Sample Contract NAEGA FOB #2

Standard Contract Terms
Once a buyer and seller agree on all the terms and conditions of an IFB, and a price is fixed, the IFB is converted into a formal grain contract and a contract confirmation is exchanged. Generally, the full-term agreement includes the IFB or, in some cases, the importer's standard terms and standard contract language such as that contained in the North American Export Grain Association's contract form No. 2 (NAEGA 2) or the Grain and Feed Trade Association's contract form No. 27 (GAFTA 27). Detailed descriptions of these two standard contracts follow.

GO TO VSE SELLING PROCEDURES PAGE 3


USA CORN NUMBER 1
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USA SORGHUM NUMBER 1
Sorghum is justly renowned for its ability to survive on limited moisture and to produce during periods of extended drought.