Comercio

6 International Law

Resolution of dispute

The dispute settlement mechanism is one of the central elements of any commercial agreement as long as it is in the middle to ensure the fulfilment of the commitments undertaken. While the various existing mechanisms have elements in common, the truth is who also have characteristics which, in turn, have an impact on its operation. The objective of this entity is comparatively analyse the settlement system of the World Trade Organisation disputes and dispute settlement mechanisms included in the agreements negotiated by the United States, the European Union and Japan with countries of Latin America and the Caribbean, to identify the objectives, elements and incentives of each system, evaluate its effectiveness and draw policy lessons relevant for countries in the region.

-Language consideration

Japanese businessmen are very serious and working with a long-term horizon, are conservative, also at the time of negotiation take as long as needed to reach an agreement. As for the greeting is preferable to waiting for them to take the initiative, often use a handshake, if the occasion is more formal use a reverence in which the degree of inclination used shows the status that is granted to the other party.

The treatment must be very formal, should I call people by their surname preceded by a Mr or Mrs, once you know the person suffix san (meaning Lord) is used after the surname, for example, Obuchi-san (Mr. Obuchi). You should never use proper names.

The Japanese tend to make suggestions that may cause you to lose patience, but must take into account that Japan keeps tastes and needs with the influence of their culture.

At each meeting only should be treated topics which have been previously agreed on a set agenda, do not fit improvisations or flexibility in issues that are going to be treated.

If one gets to contribute written material, it must have an impeccable appearance and should preferably be translated into Japanese or at least to English, this mainly because the written material is a very important presentation of its image as a company or institution. A copy must be to each of the members of the Japanese negotiating team to expedite the negotiation procedures.

In this respect also must stress the importance of the business cards or professional card (meishi), these are must be exchanged at the beginning of the meeting, it is considered discourteous not to offer their card. It is ideal to print them so that is one side in English and the other in Japanese. Cards must be delivered with both hands, so each thumb to hold the side of the card that is written in Japanese, so the caller can hypothetically read information, when it comes to reverence. When you receive a card should read carefully the information contained in it, nod to understand that information is properly understood and if it is necessary to make any questions or comments that denote interest. During the meeting the cards must be on the table, if they are saved before can be misinterpreted. Also no annotation on them should not be done.

The information is highly valued by the Japanese, that is why in the presentations must spare no details, figures, or technical data. All offered numbers must be very well calculated, otherwise it risks that come to notice the error.

Silence on the part of the Japanese are very common, be patient and never interrupted their arguments. His grasp of English is very basic, so to use this language do it slowly and do not use complicated words, also figures and terms should be written.

The Japanese language is very ambiguous, "Yes" (hai) may simply mean that they are listening to you, is not an acceptance by itself. The Japanese tend not to say an emphatic 'no', prefer to explain using phrases that the proposal is not possible.

Questions that made you should be open and specific, otherwise run the risk of that answered with sight words. Also try not to ask questions with negation (e.g. do you not use tags in two languages?), this is to avoid any confusion.

The decision-making process tends to be very hierarchical and is done by consensus of the members of the negotiating team, that is why the proposal is discussed thoroughly by everyone involved, the Chief is pronounced until others have reached an agreement.

Contractual terms and conditions

Requirements for exporting fresh and frozen vegetable products.

STEP 1

VERIFY PHYTOSANITARY STATUS:

Check if the destination country has lifted sanitary restrictions on access to the product of Ecuadorean vegetable through the plant-health status. What is a phytosanitary status? It is the document that initiates negotiations between the phytosanitary authorities of the Ecuador and the country to which you want to enter products of plant origin. It consists of information detailing the health and phytosanitary situation of vegetable product in Ecuador for review and approval of the country of destination (analysis of risk of pests, methods of cultivation, location, name and kind of product, map of the country, etc.).

See Web site of Agrocalidad if there is the phytosanitary status or request it:

www.agrocalidad.gob.ec--> plant health--> exports--> listings.

STEP 2

REGISTRATION at AGROCALIDAD: Request the registry of operator on the website of Agrocalidad (www.agrocalidad.gob.ec) depending on whether the user is exporter, producer, producer - exporter.

DOCUMENTS required: RUC, copy of ID, Constitution of the company, appointment of the legal representative (legal person), sketch of the location of the Center (exporter) collection and cultivation

(exporter - producer) Invoice for payment according to the application for registration.

STEP 3

INSPECTION:

An auditor of Agrocalidad carries out inspection of the location detailed in the drawing delivered as a required document, and prepares a report which must be approved by Agrocalidad. Once approved the report is issued to the user a certificate of registration and a registration code which guarantee the record as

Agrocalidad operator (this record is recognized internationally)

STEP 4

PHYTOSANITARY CERTIFICATE REQUEST:

The phytosanitary certificate required for each export and must request it is maximum two days before the dispatch of the same. Apply for an inspection or pre-inspection (if the place of collection or cultivation is misplaced the charging output) this is done at the point of control (airports, seaports and border crossings) or in provincial coordination of Agrocalidad for a pre-inspection.

REQUIRED DOCUMENTS:

Registry operator, copy of the manifesto of shipment, invoice proforma or other document that shows the shipping information. In the case of pre-inspection will be issued a provisional certificate that is exchanged by the phytosanitary certificate in the control point. In the case of an inspection once approved will be awarded the phytosanitary certificate for the shipment to be held.

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