Deck 10: The Legal Environment of International Trade

Question 1

Since 1947 and the end of the World War II era, the goal of the General Agreement on Tariffs and Trade (GATT) has been to restrict world trade.

Answer 1

False

Question 2

The World Trade Organization (WTO) provides a Dispute Settlement Body (DSB) to enable member countries to resolve trade disputes rather than engage in unilateral trade sanctions or a trade war.

Answer 2

True

Question 3

Licensing involves the transfer of title of goods to a distributor who bears the financial and commercial risks for the subsequent sale of the goods.

Answer 3

False

Question 4

When an international sale is made, the parties often set forth in their contract which country's law will govern a dispute.

Question 5

The United Nations Conventions on Contracts for the International Sale of Goods (CISG) sets forth uniform rules to govern international sales contracts.

Question 6

Parties to international ventures often agree to arbitrate their disputes in neutral countries.

Question 7

A societé anonyme is the European counterpart of a U.S. corporation.

Question 8

The use of agency arrangements allows a U.S. firm to avoid taxation on sales made in its agent's country.

Question 9

TRIPS extends the Paris Convention to special protection for "well-known marks".

Question 10

TRIPS is the WTO agreement that deals with trade rules that impact tariffs and embargoes.

Question 11

The World Intellectual Property Organization administers the Berne Convention for international copyright protections.

Question 12

The purpose of most-favored-nation treatment is to prohibit one country's discrimination between its own products and foreign products or services.

Question 13

The "Turtle Law" prohibits the importation of shrimp from countries that allow the harvesting of shrimp that could adversely affect endangered sea turtles.

Question 14

"Know-how" secrets and processes are considered intellectual property rights, which are legally protectable.

Question 15

A direct sale by an American firm to a customer abroad, with terms of payment commonly based on an irrevocable letter of credit, is an import sale.

Question 16

A 'choice-of-law' provision in an international contract set's forth whether the CISG will govern the contract.

Question 17

The goal of the North American Free Trade Agreement (NAFTA) is to eliminate all tariffs between the United States and Europe.

Question 18

Franchising is a form of licensing that now is very common in international business.

Question 19

A letter of credit agrees to provide the seller with needed currency exchanges when transactions with foreign buyers occur.

Question 20

Under the General Agreement on Tariffs and Trade (GATT), the principle of trade without discrimination is embodied in the most favored nation clause.

Question 21

The Foreign Corrupt Practices Act prohibits improper payments to influence foreign officials.

Question 22

The jurisdictional rule of reason addresses the problems that arise when a foreign country has a significant interest in regulating conduct taking place within the United States.

Question 23

The "effects doctrine" requires U.S. courts to assume jurisdiction over cases when domestic commercial activities have a direct and foreseeable effect on international commerce

Question 24

A common barrier to the free movement of goods across borders is the tariff barrier.

Question 25

The most common method used by countries to restrict foreign imports is the ______, which is essentially a(n) ______ placed on goods as they move into or out of a country.

A) quota, tax.
B) tariff, tax.
C) license, tax.
D) computed value, quota.

Question 26

The _______ is administered by ___________ to protect trademarks in the international community.

A) Madrid System, the WIPO,
B) Berne Convention, the WIPO.
C) Madrid System, TRIPS.
D) Berne Convention, TRIPS.

Question 27

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been strongly influenced by:

A) the GATT's most-favored nation clause.
B) the European Economic Community's Treaty of Rome.
C) the Uniform Commercial Code.
D) the success of the Organization of Petroleum Exporting Companies.

Question 28

The term dumping refers to the sale of damaged goods in a foreign market to cut the losses that would otherwise be caused by the damage.

Question 29

_________, very common in international business, is the granting of permission to use a trademark, trade name, or copyright under specified conditions.

A) Franchising.
B) Licensing.
C) Letters of credit.
D) Distribution.

Question 30

The Securities and Exchange Commission (SEC) is not limited to litigation when a securities law enforcement investigation runs into secrecy or blocking laws.

Question 31

NAFTA seeks to eliminate tariffs among which countries?

A) all members of the United Nations
B) United States, Canada, and Mexico
C) United States and Japan
D) members of the common market

Question 32

Which of the following statements is true regarding the World Trade Organization (WTO)?

A) The WTO has been in place since 1947.
B) The WTO coordinates its activities with GATT.
C) It provides a dispute settlement body to promote the resolution of trade disputes.
D) It has the ability to impose criminal penalties.

Question 33

A direct sale to customers in a foreign country is a(n):

A) foreign distributorship.
B) agency arrangement.
C) licensed sale.
D) export sale.

Question 34

United States antitrust laws have broad extraterritorial reach.

Question 35

The General Agreement on Tariffs and Trade (GATT):

A) is a multilateral treaty
B) is subscribed to by the United States
C) has as its goal the liberalization of world trade
D) all of the above

Question 36

The use of import quotas represents the most common form of tariff barrier.

Question 37

Blocking laws prohibit the disclosure, copying, inspection, or removal of documents located in the enacting country in compliance with orders from foreign authorities.

Question 38

Under the act-of-state doctrine, the courts of one country will not sit in judgment of the acts of the government of another country conducted within its own territory.

Question 39

Which is a correct statement about arbitration of contractual disputes regarding international trade?

A) It is done in court.
B) There is extensive judicial review of the decision.
C) Parties frequently arbitrate in neutral countries.
D) It is not available in disputes of more than $1 million.

Question 40

Which of the following does not describe the European Union (EU)?

A) It was formerly known as the European Economic Community.
B) It had ten members sign on in 2004.
C) It eliminated internal barriers to the free movement of goods, persons, services, and capital between member countries.
D) It is administered solely by the heads of state of the member countries.

Question 41

The Alexo Corporation has been charged in a United States court with violation of American antitrust laws in its foreign dealings. The firm has raised the defense that its actions were compelled by the government of its host country. Alexo based its defense on the__________ doctrine.

A) act-of-state
B) sovereign compliance
C) sovereign immunity
D) Treaty of Rome

Question 42

Which of the following allows a domestic firm to maintain the greatest control over its foreign operations?

A) wholly-owned subsidiaries
B) licensing
C) foreign distributorships
D) agency arrangements

Question 43

In order to strengthen the ________, in 1982 Congress passed the ________ to provide clarity on the extraterritorial reach of antitrust actions against foreign companies that have a "direct, substantial, and reasonably foreseeable effect" on U.S. commerce.

A) Rule of Reason Doctrine, Foreign Trade Antitrust Improvements Act
B) Act-of-State Doctrine, Foreign Trade Antitrust Improvements Act
C) Sovereign Compliance Doctrine, Foreign Trade Antitrust Improvements Act
D) Sherman Act, Foreign Trade Antitrust Improvements Act

Question 44

In antidumping cases:

A) The International Trade Administration determines whether foreign goods are being sold in the United States at less than fair value (LTFV).
B) The International Trade Commission determines if there is an injury to a U.S. industry as a result of such sales.
C) Remedial action will be taken only if findings of both LTFV sales and injury are present.
D) All of these

Question 45

Under which of the following doctrines is it held that a foreign sovereign cannot be sued unless it engages in illegal commercial conduct?

A) act-of-state
B) sovereign compliance
C) Timberlane
D) sovereign immunity

Question 46

The jurisdictional ________, which is based on ________, balances the vital interests, including laws and policies, of the United States with those of the foreign country involved.

A) Rule of Reason, Comity.
B) Effects Doctrine, Comity.
C) Act-of-State Doctrine, Comity.
D) Rule of Reason, Sovereign Immunity.

Question 47

The SEC has accused the Acme Company of fraud in connection with the sale of its securities to American citizens. Although the firm is American-owned, it is located in Switzerland. All of the accounts and business records of the firm are in several Swiss banks. The SEC has been actively pursuing the case, although it has not been able to provide a great deal of hope for those victimized by the fraud. What factors are probably hindering the SEC, and how might this be handled?

Question 48

Oswaldo Enterprises began to do business in a small East African nation. The representatives of Oswaldo bid on government contracts. Although Oswaldo was by far the lowest bidder and offered a superior product, the company was not awarded a contract. Oswaldo officials learned after inquiring that the company would have to give substantial sums of money to high-level government officials in order to receive a contract. Oswaldo officials are considering this as a necessary cost of doing business, but they are concerned about violating U.S. law. Discuss the implications of this under the Foreign Corrupt Practices Act.

Question 49

When a U.S. trademark holder licenses a foreign business use of its trademark overseas and a third party imports these goods into the United States to compete against the U.S. manufacturer's goods, the foreign-made goods are called __________ goods.

A) "gray market"
B) counterfeit.
C) specially-licensed.
D) dumped goods.

Question 50

The transfer of technology rights in a product to allow another firm in a foreign country to produce a product in return for royalties or other specified payments is called:

A) exporting.
B) licensing.
C) agency representation.
D) subsidiary sales.

Question 51

Three defenses are commonly raised to the extraterritorial application of U.S. antitrust laws. They are:

A) act-of-state, sovereign compliance, and sovereign immunity doctrines.
B) jurisdictional rule of reason, effects doctrine, and comity.
C) foreign legislation, sovereign compliance, and comity.
D) foreign antitrust laws, sovereign immunity doctrine, and International Monetary Fund applications.

Question 52

Which of the following is NOT a nontariff barrier?

A) government subsidies
B) import quotas
C) complex custom procedures
D) an import or export duty or tax placed on goods as they move in or out of a country

Question 53

Which of the following actions is not prohibited by The Foreign Corrupt Practices Act?

A) offers of payments to government officials to influence a decision on behalf of the firm making the payment
B) payments to government officials to influence a decision on behalf of the firm making the payment
C) payments to low-level officials for expediting the performance of routine government services
D) all of the above actions are prohibited by The Foreign Corrupt Practices Act

Question 54

You plan to enter the export market with a new product that you have just developed. You feel that the product has great promise, but you are confused over whether you are required to obtain an export license. Further, your brother-in-law says that he knows someone in the Japanese government who could greatly assist you in your endeavors for a very modest fee. Discuss this situation.

Question 55

U.S. courts will assume jurisdiction and apply antitrust laws to conduct business outside the United States if the activities of the business firms outside the United States have a direct, substantial, and foreseeable impact on U.S. commerce. This is based on what principal?

A) the "jurisdictional rule of reason"
B) the "act-of-state doctrine
C) the "effects" doctrine
D) comity

Question 56

Legal restrictions of U.S. firms doing business abroad in regard to payments made to foreign officials for obtaining business are set forth in the:

A) International Corruption Prohibition Act.
B) Global Anti-bribery Control Act.
C) Foreign Corrupt Practices Act.
D) International Graft Prohibition Act.

Question 57

All of the following are reasons the U.S. controls the export of goods and technology, except:

A) for national security reasons.
B) foreign policy.
C) short supply of domestic goods.
D) dumping of domestic goods.