SMART Community Review (SCR) 2017 SMART PROGRAM | Page 17
S.M.A.R.T Exports to the United States
SMART Trade & Investment Agenda
Exports to the USA - U.S.Market Entry/Expansion
Agenda Overview
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Contracts with American Distributors and Agents
Product Liability in the USA
Creating a U.S. Subsidiary to Sell or Manufacture in the USA
Dealing with Employees, Features of U.S. Law and Practice
Joint Ventures in the USA
Intellectual Property, Licensing, Technology Transfer
Franchising in the USA
Internet Business and U.S. Cyberlaw
Buying An Existing U.S. Company or a Part Ownership
U.S. Taxation
U.S. Business-Related Visas for Foreign Nationals
Litigation and Arbitration in the USA
Errors Frequently Made by Foreigners
SMART Marketing
SMART Finance
SMART Partners, Projects, Initiatives
Exporting and Selling to the USA
• Your Your Products, Services, Technology, IPR
• The Consumer Product Safety Improvement Act
• Federal Legislation
• Industrial Property Rights (e.g. Patents, Design
Patens, Trademarks) and other Intellectual Assets (e.g. know-
how)
• Filing Your Copyrighted Works with the U.S. Copyright Office
• The differences between a distributor, dealer, sales agent or
sales representative
• Due Diligence
• First contract draft, NB-SOT
Contracts with American Distributors and Sales Agents
• Distributorship and Dealership Contract
• Contract Products
• Sales Territory - Exclusive or Non-Exclusive Rights
• Sales To Only Specified Type of Customers
• Can the Distributor or Dealer Appoint “Subs” and Sales Agents
• Sales Outside of Territory or Outside of Permitted Scope
• Duration of the contract, fixed term, indefinite duration,
termination clauses
• Delivery Terms
• Payment Terms
• Security for Payment
• Promotional Moneys
• Sales/Promotion Under What Mark or Name
• Adequate Stock
• Sales on Consignment
• Acceptance and Resell
• Clauses Designed to Reduce the Foreign Supplier’s Product
Liability and Late Delivery Risks
• Competitive Restrictions on Distributor or Dealer
• Franchise
• Termination Provisions; Improper Termination Claims: Related
Points
• What Tribunal Decides Disputes/Claims and What Law
Applies
• Tax Aspects
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Business Management and Sales Contracts for the U.S.
• Customer, Distributor, Dealer, Licensee, Joint Venture
• Interim U.S. Management Team
• Commission, Rate and Basis
• Consultants, Sales Agents, Sales Representatives
• Advances against future commissions
• Your Employees in the USA
• Licenses/Authorized Reseller Agreements
• Internet Selling in the U.S. and into to the U.S. Market
Liability in the USA
• Perspective of the Risk
• Who Can Be Sued and Who Can Be Liable
• Important Jurisdictional Points
• Passing and Reducing Risk by Contract - customer,
distributor, dealer, licensee or joint venture partner
• Non-U.S. Contract Documents
• Product Liability Insurance
• If You Are Sued or Suit is Threatened
SMART Marketing in the USA
• SMART U.S. Market and Market Research
• How to introduce You, Your Business, Products, Services
• Partner Marketing
• Multi Media Marketing System
• Sales Development
• Business Development
• Press Releases
• Video Production
• Social Media Campaigns
• Article/Book Authoring
SMART Finance
• Funding your business in the USA
• Accounting
• Guarantees
• Foreign Direct Investment
• Export-Credit Insurance
• Lease
• Securitization
• Venture Capital
• Matching Fund
• Transfer Fund
• Impact Investing
• Responsible Investing
• Socially Responsible Investing
• Sustainable Investing
• Social Venture Capital Investing
• Financing Resilience
• Due Diligence
SMART Partners, Projects, Initiatives
• SMART Community Exchange (SCE)
• SMART Education Exchange (SEE)
• SMART Cyber Exchange (SCE)
• SMART Exports from the USA
• SMART Bilateral Trade, Investment, Sister-Communities
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