ДипломКасьянова (1228008), страница 15
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In compliance with the RF Federal law № 157-FL «About state regulation of foreign trade activity» which is currently the primary legislation law governing the foreign economic activities in Russia, the concept ‘export’ is understood as «export of goods, jobs, services, results of intellectual activity including exclusive rights to them, from the customs territory of the Russian Federation abroad without the obligation to re-import». The fact of export is fixed at the moment when goods are crossing the customs border, rendering services or granting of rights to results of intellectual activity. In addition, the above-mentioned law separates commercial operations without removal of goods from the customs territory abroad equal to exports of goods, for example, in the case when a foreigner purchases products from the Russian person and transfers it to another Russian entity for processing and subsequent exporting the processed goods abroad. The law «State regulation of foreign trade activity» also defines the concept of importation.
The concept ‘import’ is understood as «import of goods, jobs, services, results of intellectual activity, including the exclusive rights to them, into the customs territory of the Russian Federation from abroad without the obligation about return export». The fact of the import is fixed at the moment when goods are crossing the customs border or at the moment when the services and rights to results of intellectual activity are being received [2].
According to the structural characteristic, classification comprises commercial, financial, industrial and investment relations.
Trading external economic relation is entrepreneurship in the field of international exchange of goods, jobs, services, information and results of intellectual activity [6].
Financial external economic relations should be regarded primarily as promotion accompanying any foreign trade transaction in the form of financial obligations related to the provision of payment for products delivered through specific forms of calculation and currency transactions in order to avoid exchange rate losses.
Industrial external economic relations represent a form of cooperation between foreign partners in different but structurally related processes of technological division of labor. The process of division of labor means the distribution of its participants in the chain of creation and realization of production in its major phases, from study of the needs in domestic and foreign markets to reaching these goods to the end-consumers. Industrial cooperation is characteristic for homogeneous spheres of production and circulation, for scientific-technical, investment and service areas, for example, for the manufacturing industry.
Coherence among partners is achieved by:
1. mutual planning of export and import-substituting products;
2. forecasting and joint conducting the scientific development, providing them with necessary equipment, instruments, materials, test facilities, and scientific and technical information;
3. organization of the training process.
In this case, the property is not stood apart, and cooperation is provided on a reimbursable basis and is based on the principle of direct links between producers of similar products.
Investment external economic relations assume one of the forms of interaction with foreign partners on the basis of combining the efforts of financial and material- technical reasons. The objectives of this collaboration are to broaden the base of development and production of export products, its systematic renewal based on the criteria of competitiveness and facilitating its implementation on the foreign market. Such problems can be resolved through the organization, for example, joint production. A joint venture is possible primarily on the basis of the exchange of technology, services with subsequent distribution of the product programs and its implementation, and also in the form of formation and functioning of concessions, syndicates, joint stock companies, international non-governmental organizations, etc.
Foreign investment represents a long-term capital investment by foreign owners into the industry, agriculture, transport and other sectors of the economy [48].
The export of capital occurs in the form of business (direct, portfolio, intellectual investments) and loan capital.
Foreign investments are the source of cash and property investments in development, expansion, development of new production of goods and services, improved technologies.
Investments can be divided into portfolio and direct investments.
Portfolio investment is an investment in foreign stocks, bonds and other securities undertaken in the expectation of dividends.
Debentures, shares in companies, bonds and other securities of the long-term nature may be assigned to portfolio investment; also, investments in bonds are considered as a kind of portfolio investments. Portfolio investments do not give the right to control over the object of attachment; it is only the long-term right to income. Quantitatively, they typically constitute less than 10 % of the share capital.
Foreign portfolio investments are important for almost all firms engaged in international operations. They are used mainly to solve the financial problems. Large joint-stock corporate companies transfer funds from one country to another for the purpose of obtaining higher profits by the expense of short-term investments.
Direct investments represent ownership of property abroad, usually within any company (through the shares acquisition of existing companies or through the creation of a new enterprise or purchase of the bankrupt) for the purpose of financial gain. Direct investments are accompanied by control over the activities of the company, even in case you purchase a small percentage of its shares or insignificant contribution to the statutory fund.
Most of the foreign capital inflow includes direct investments. They represent one of the promising sources of financial and production resources, advanced technologies and modern management techniques which are necessary for the development of any national economy.
In addition, direct investments usually require a more intensive exchange of qualified experts, new technologies, know-how, franchises, licenses, etc.
The main difference between portfolio investments and direct investments is lack of control. Generally, portfolio investments are either too small or too dispersed between the holders that cannot provide their owners with the control.
The export of loan capital is the provision of medium-and long-term loans in monetary or commodity form in order to gain profit by high interest credit percentage.
For improving the technical and technological level of the economy, empowerment of exports and reduction of imports, the development of technical-and-economic relations between countries is considered to be the entrepreneurial activity associated with the presentation of licenses, patents, know-how and other intangible property of foreign subjects of economic activity and similar activities abroad of national entities of foreign economic relations. The forms of this activity can be different [17]:
1. Transfer, sale or provision of all licensed forms of industrial property. The license agreement is a trade agreement under which one party (the licensor) gives the other party (licensee) the permission to use the facility license. The object of the license, as a rule, is invention patent, exclusive right to which is enshrined in the law issued by the state and confirmed by the office of patents.
2. The provision of know-how and technical experience. «Know-how» (literally «know how») is a common term for various «secrets», fully or partially confidential knowledge, technical, economic, administrative, financial information, the usage of which provides certain advantages to the person or firm who receive them. Contracts for the transfer of "know-how" differ from the license agreements: the owner of the technology or innovation abandons their patenting, not refusing at the same time to sell the technology itself. The provision with technological knowledge that is necessary for the acquisition, installation and use of machinery and equipment obtained through purchasing, renting, leasing, etc.
3. Industrial and technical cooperation related to the technical maintenance of machinery and equipment.
4. Engineering services which include preparation of feasibility studies, projects; consultation; construction, investor and technical supervision; short - and long-term advisory services; design of new technology; technical assistance in conducting specialized works; conducting tests and inspections of machinery and equipment and processing of raw materials of the customer using the original technology [4].
Engineering is a broad range of jobs and services provided by the consultancy process, from drafting of technical specifications and project proposals, conducting engineering survey works, including the construction of new and reconstruction of existing industrial facilities, the development of machinery, equipment and technological methods to consultations of the economic, financial and other nature. Engineering directly is not embodied in tangible form of the product, but in a beneficial effect which may in some cases be physical (e.g., design and technical documentation). The other types of engineering services may not even have a tangible form (e.g., training, management of the construction process of the object). Engineering services are related, ultimately, to the preparation and support of the process of production and sales of material goods and services (e.g., performed design work on the creation of a bank, a housing complex, but the activities of the bank, maintenance of housing is not a field of engineering). Engineering services are commercial in nature, i.e. they become the object of sales; the labor spent on engineering does not affect the production value of the company which were provided with engineering services [5].
5. Technology transfer within the framework of scientific-technical and production cooperation.
6. Technology transfer within the framework of investment cooperation.
Focus should be made on the fact that the sales of licenses and know-how are the implementation of new, currently not reproducible knowledge of production purposes which has a limited number of sellers. The object of sales, in this case, is not services to ensure the usage of this knowledge, but the knowledge itself as the exclusive product. As a result, the price of «know-how» is determined not by the cost of labor in obtaining the relevant knowledge, but by the ratio of supply and demand in them and it is considered a monopoly price.
Free economic zones (FEZ) are the form of economic relations which operate in developing and industrialized countries. The aim of establishing the SEZ is to provide the separate areas and the areas of special rights and privileges in respect of foreign investment and economic cooperation, taking into account economic and geographic location of SEZ, infrastructure development, the opportunity for integration and delivery.
To organize the variety of available zones, there is the idea of their classification based on the following criteria:
1. on the degree of integration in world economy and national economies;
2. by industry, the nature of ownership;
3. on the economic motivation for their establishment.
Free scientific and technical areas are known as science parks or technology parks. Technological parks are defined as a complex of industrial installations and facilities services that is able to provide businesses with the necessary conditions for producing the modern competitive products and the latest technologies that meet the demands of the modern global market. This is a property complex which combines scientific and research institutes, industry facilities, business centers, exhibition areas, educational institutions, and service facilities: the means of transport, driveways, residential village, and security.
In the structure of the Russian Federation external economic relations, the most significant role is played by:
1. foreign trade;
2. credit and financial relations;
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