Professional Documents
Culture Documents
Conf. Dr.
VIOLETA NEGREA
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CONTENTS
PART I. BUSINESS COMUNICATION
UNIT 1. COMUNICATION IN BUSINESS..................................................
UNIT 2. FIGURES IN BUSINESS...........................................................
UNIT 3. DRAFTING FORMAL WRITTEN DOCUMENTS..............................
UNIT 4. EMPLOYEMENT FILE; JOB INTERVIEW.......................................
UNIT 5. INTERNAL FORMAL BUSINESS DOCUMENTS.............................
5.1. MEMORANDUM ..........................................................................
5.2. REPORTS...................................................................................
5.3. MINUTES....................................................................................
5.4. SURVEYS....................................................................................
UNIT 6. EXTERNAL FORMAL BUSINESS LETTERS ....................................
6.1. INVITATION .................................................................................
6.2. STATUS INQUIRY ..........................................................................
6.3. RECOMMENDATION LETTER............................................................
6.4. INQUIRY for GOODS and SERVICES.................................................
6.5. OFFERS/QUOTATIONS.....................................................................
6.6. ORDERS; ORDERS ACKNOWLEDGEMENT...........................................
6.7. COMPLAINTS..................................................................................
PART II BUSINESS RELATIONSHIP
UNIT 1. BUSINESS CONVENTIONS...........................................................
UNIT 2. ORDINARY CLAUSES IN BUSINESS CONVENTIONS.........................
UNIT 3. SPECIFIC CLAUSES IN BUSINESS CONVENTIONS..........................
UNIT 4. PAYMENT METHODS...................................................................
4.1. LETTER OF CREDIT..........................................................................
PART III BUSINESS MANAGEMENT
UNIT 1. MANAGEMENT OF BUSINESS ORGANIZATIONS...............................
UNIT 2. PRODUCTS, SERVICES, TRADE MARKS and BRANDS .......................
UNIT 3. ADVERTISING............................................................................
PART IV INTERNATIONAL BUSINEES ISSUES
UNIT 1. EUROPEAN COMMUNITY AND INTERNATIONAL BODIES AND
PROGRAMMES
1.1. ENLARGEMENT OF THE EUROPEAN UNION
1.1.1. ACCESSION PROBLEMS..................................................................
1.1.2. ACCESSION STRATEGIES................................................................
1.1.3.
CONCLUSIONS................................................................................
1.2. PHARE PROGRAMME..........................................................................
UNIT 2. INTERNATIONAL
INSTITUTIONS.......................................................
2.1. THE UNITED NATIONS........................................................................
2.2. REGIONAL
INSTITUTIONS.....................................................................
2.3. NORNS AND LEGAL PRACTICE OF INTERNATIONAL ORGANIZATIONS
3. THE NATURE AND DEVELOPMENT OF THE INTERNATIONAL LAW
3.1 INTERNATIONAL LAW TODAY
PART V INFORMATICS
UNIT 1 INFORMATION TECHNOLOGY..........................................................
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PART I
BUSINESS COMMUNICATION
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UNIT 1
COMMUNICATION in BUSINESS
Objectives:
- become familiar with notions and importance of non verbal
communication in business
- learn and use specific vocabulary
- adopt and perform appropriate tone and attitude
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technology of today's information age, to create, transmit and store
information.
Nowadays thousand of hours are devoted daily to interviews,
conferences, memos, report, employee manuals, letters, advertising, news,
articles, bulletins, newsletters and other messages. They require the time of
executives and assistants for researching, thinking, planning, organizing,
dictating, typing, editing, revising, proofreading, mailing (the written),
presenting (the oral), and filing records. That is why it is to be considered the
wasteful cost of unclear, incomplete, inaccurate inconsiderate and unduly long
or late letters. Poor messages are more expensive because they destroy
goodwill, waste time, and alienate the customers. Successful messages help to
enhance efficiency, goodwill, safety, productivity, profits and public credibility.
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The body language also communicates by facial expressions, gestures
postures, smell and touch. Sometimes, they are more meaningful than words.
They are also important for special occasions, interviews, speeches, etc.
The eyes' expression can make the receiver understand hidden
emotions – anger, annoyance, confusion, enthusiasm, fear, hatred, joy, love,
interest, sorrow, surprise, and uncertainty. They can sometimes even
contradict verbal statements sometimes Direct eye contact is desirable when
people have a face-to-face conversation. Eyes that drop or shift away from the
listener may show a shy, dishonest or an untrustworthy person.
Continual gestures with arms while speaking may reveal nervousness,
or they also may distract listeners’ attention from the spoken words. One's
handshake can also show firmness or limpness, promptness attitudes.
Legs’ position can reveal certain nonverbal attitudes for a man sitting
with legs stretching on top of this office during an interview, or a standing
person shifting weight from one leg to another in a rhythmic motion while
humming – or pacing back and forth while speaking.
Confident executives may have a relaxed posture and yet stand more
erect than a timid subordinate. Interested persons may lean forward toward
the speaker, while those who are bored or annoyed may slump – as well as
yawn and repeatedly glance at their watches.
Touching people in different ways and places can communicate
friendship, love, approval, hatred, anger or other feelings. A kiss on a cheek,
pat on the shoulder or slap on the back is prompted by various attitudes and
emotions. Various odors and artificial fragrances on human beings can
sometimes convey emotions and feelings better than spoken words.
Different meanings can also be conveyed by the rate, pitch and volume
of the voice. Speaking fast can reveal nervousness, but a soft voice soothes
and calms. Even silence can determine serious hard feelings, loss of business
or profits.
Time is also an important conveyor of nonverbal communication. Being
on time for appointments, for work every day, and for deadlines
communicates favorable messages in our culture.
Human sounds communicate non-verbally such as clearing the throat,
sighing, laughing, etc. The ability to communicate and understand the
messages is an important business skill that that is to be developed.
Advantages of Using Electronic Technology in Business
Communication
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- cost effectiveness
- Greater accessibility of data (information)
- The accuracy and quality of output
- The ability to forecast outcomes
People are interested in work that is satisfying and enjoyable. Routine
tasks such as formatting, editing, filing, copying, calculating and mailing mean
drudgery to many people. With a word processor or a personal microcomputer
most of these tasks can be handled electronically. By pressing one or more
special keys, you can convert a draft into a finished text, print it immediately
at high speed or store electronic data for later use. Because of the worldwide
competition, all businesses are interested in ways to help employees
accomplish more output in less time. In integrated office system computers,
word processors telephones, facsimile devices, scanners, printers and copiers
linked together accomplish numerous tasks in a semi or fully automated
fashion. In such an environment executives can feed information into the
system or check the electronic mailbox for messages via a phone line or
terminal, whether in or out of the office. The decreasing cost of computers and
peripherals (equipment tied to the computer) will continue to make technology
a cost-effective tool in the future.
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consuming, and everyone - from producer to retailer - guarded information
just like the crown jewels.
Interactive TV (ITV) is the television that can offer from online
shopping, e-mail personalized news and entertainment to T-banking. This is
possible by
combining TV with Internet. Still at its beginning in Europe, ITV is expected to
become soon an everyday reality. In 1996 Television Par Satellite became the
first broadcaster in the world to launch fully digital interactive services via
satellite. The subscribers have access only to informational and e-commerce
sites offered by TPS commercial partners who have paid for the privilege.
Soon a new generation of satellite decoders is expected to enable viewers to
switch from TV and movies to full Internet browsing via a single set-top box.
Specialized companies offer interactive games plus ability to exchange e-mails
while watching films. Online auction channel and full Internet access are
planned for later. Some of them offer already interactive personal
programming thanks to digital video recorders that customize your TV
schedule by learning your viewing habits and automatically recording your
favorite shows. New competitors keep entering the fray, starting to roll out
interactive services which include full Internet access, video and audio on
demand, enhanced sports programs and channels with content partners.
To make sound decisions, relevant information must be available when
needed. Information sharing is one of the most effective tools of today's
information society. Large databases (stockpiles of information by subject and
type) make tens of millions of pieces of information available within minutes.
You can broaden or narrow your search from relevant information by
specifying one or more categories of key words.
To ensure accuracy of information, computers can be programmed to
perform a number of important functions, relevant to business communication,
such as grammar checkers, programs to generate forms, maintain calendars
and produce schedules.
These programs (software packages) are extremely beneficial and can
be purchased rather inexpensively.
The ability to take past data and chart future business operations, on
the basis of trends and conditions is essential in today's ever-changing
economic environment. Goals are important for success. By taking data
generated in recent weeks, months and sometimes even years, managers plan
budgets, produce schedules, control inventories, determine pricing and plan
for the best use of their resources. With computerized operations, information
that once took weeks or months to obtain can now be available in a matter of
hours.
EXERCISES
I. Match the following terms with their definitions about the new
technology in business: 1) computer conferencing; 2) desktop
publishing; 3) facsimile; 4) communication satellites; 5) CD-ROM; 6)
electronic meeting; 7) electronic messaging; 8) access to on-line data
bases; 9) audio conferencing 10) electronic mail.
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a) Makes possible the extension of basic communication and broadcasting
services throughout a country or region, including the most remote islands
and villages. They can be used to provide basic telephony as well as radio and
television networks with multiple sound tracks for local languages, where
appropriate.
b) A means of communication via computers as an immediate exchange of
information. Messages can be sent from one computer to another through a
host computer equipped with communications and message-processing
software including so-called mailboxes for subscribers. These services are
cheaper than voice communications and overcome the differences in tie zone
that hinder real-time communications.
f) Managers, development experts and project staff may now stay in touch
electronically rather than through face-to-face meeting. It allows group
members to interact at their convenience by reading and contributing
h) A thin route service by which several sites can be linked together through a
bridge at as watching point or through a common frequency assigned on a
satellite audio channel. Used for holding meetings, tutor students in rural
areas or train staff in the field.
j) Users of a computer terminal and modem can dial into a database and
search for information using key words or phrases. Relevant information is
then displayed as a citation, abstract or sometimes a complete text of
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documents. Users can then select the relevant information and download it
into their own computer or print it out.
II. Re-arrange the following characteristics under the separate titles:
A. Oral communication B. Written communication
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UNIT 2
FIGURES in BUSINESS
Objectives:
A) 0 is pronounced:
- oh: - after a decimal point: 6.06 = six point oh six
- when dictating or indicating a telephone number: 0944532680 -
oh nine double four five three two six eight oh
- a room number: 303: three oh three
- a bus number: 105 one oh five
- in years: 1909 nineteen oh nine; 2003: two thousand oh three
(American); two thousand and three (British);
Nought: - when expressing a leading zero: 0.001% - nought point oh one
Zero: - for the number zero: 0
- for temperature: 5 five degrees below zero
- Nil: - sports scores: Romania won the match two nil (2-0)
Love: - in tennis scores: The score is thirty love after the break.
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E) Squares, Cubes and Roots
52 five squared
53 five cubed
5 the square root of 5
F) Fractions
Fractions are usually similar to ordinal numbers: a half, a fifth, a
quarter, 2/3 two thirds, 3/4 three quarters
G) Foreign currency
1. How many lei-s are there to the dollar?
2. How many Euros shall we get per dollar?
3. The current rate is 35,000 lei to the dollar.
H) Numeric adjectives
Numbers can be used as adjectives before a noun:
1. A fifteen-minute meeting but NEVER a fifteen minutes meeting.
2. A twenty-dollar allowance, but NEVER a twenty dollars allowance.
I) Mathematical symbols and expressions:
1. 2+5=7 two plus five equals seven
2. 8-3 eight minus three
3. 7x6 seven times six
4. 12:3 twelve divided by three
5. A>B A is more than B; A is greater than B
6. A<B A is less than B; A is smaller than B
7. A ≥B = A is more or equal than B
8. A ≤B = A is less or equal to B
9. 30 % = thirty per cent
10. A≈B approximately equal to
11. A ±B = plus or minus
12. A x B= multiplied by/times(or, when giving dimensions, by)
13. x2 = x squared
14. x3= x cubed
15. x 4= x to the power of four/five, etc
J) Approximation is expressed by:
- nearly: ...nearly eight thousand pounds for each year;
- just under/over: ...just under the previous figure;
- approximately: ...the rise was approximately equal to the one expected;
- coming/ going up/down to: ...the trend is coming down to...;
- roughly: ...its entry price level was roughly 1 million dollars;
- more or less: ...the fall was more or less of ten pounds;
- well over/under: ...the price raise was under the one predicted by
specialists last year.
K) Rates and ratios are expressed:
- population density per (unit): ten items in one hundred were...
L) When presenting trends, some specific expressions are used:
upward movement:
- a rise: ... a significant rise has occurred in…;
- an increase: ... an incredible increase in real estate prices;
- a climb/jump:... a dramatic jump of the expenditures;
- go up: ... the prices went up substantially last year.
downward movement:
- a fall: ... a dramatic fall in consumers goods sales;
- a drop: a sudden drop in cars sales;
- a decline: ...an important decline is noticed in book sales lately;
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- decrease: ... business sector has decreased gradually.
M) Other ways of expressing tendencies and trends of different
economic phenomena:
- to level out/off: ... the prices leveled out this year;
- to remain stable: ... sales level remained stable for the whole year;
- to fluctuate: ... the export level fluctuated the last years;
- to reach/come to a peak: ... the Japanese car industry reached its peak in
1995.
N) Specific prepositions:
- productivity raised from 50% to 75%
- productivity fell from 60% to 40%
- the salaries in budgetary sectors stayed /stood/remained at the same level
- a basic salary increase of minimum 37,5%
- productivity rose by three percent
O) The extent of change is indicated through certain specific
vocabulary:
- fractionally/marginally/slightly/a little lower/higher
- somewhat lower/higher
-considerably/substantially/a great deal/noticeably/far lower/much
lower/dramatically/lower/higher
- grow - dramatically/sharply/rapidly
- grow gradual/steady fall
P) Contrast is also expressed specifically:
- although/despite/in spite of/whereas/however/nevertheless/
- phrases like: in contrast (to); ...while ...;...against...; ...compared to...; in
comparison (to)... on the other hand...; on the contrary.
R) Similarity is shown using: - like/ alike/ the same/is similar to/ neither...
nor/ similarly
S) Describing size and dimensions:
a. It is 6 meters wide and 12 meters long.
b. It is 6 meters by 12 meters.
c. It is square/rectangular/round
d. It is L-shaped.
e. Its like an H.
f. It has a seating capacity of sixty
g. It can take up to sixty people.
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3. The price is around 20.50 in sterling.
4. Repeat, please, 0.25 or 0.025?
5. The dollar rose to 3.595 lei.
6. I said 12.002, not 12,002.
III. Dictate and write:
1. Say it clearly, once again, 2,000,000,000 or 2,000,000?
2. The leu rate of exchange has become more stable in 2004.
3. The denomination of $ banknotes are 1; 2; 5; 10; 20; 50; 500; 10,000.
4. The divisions of the $ are silver coins of 1¢ and 5¢ (nickel), 10¢ (dime);
25¢
(quarter); 50¢ (half a dollar).
IV. Calculate and read aloud:
1. 35+25=
2. 17-12=
3. 4+7+12+9-5-3=
1+2+3+4+5+6+7+8+9=
5. 5 =; 121 =
6. 32 =; 252 =; 35=
VI. Look at the way numbers and figures are used in the dialogues.
Compare the spoken form with the written form on the right.
"That'll be thirty-seven pounds twenty, please..." (£37.20)
"Room four oh eight." (408)
"Two hundred divided by one point four equals one hundred and forty-two
pounds eighty-six..." (200:1.4=£142.86)
"... less two pounds commission ... comes to one hundred and forty pounds
eighty-six pence" (- £2.00 = £140.86)
VII. Read these amounts to a partner and get them to make the final
calculation:
1. £2.50+£4.15 =
2. 10% of $150 =
3. 5 x £14 =
4. £206 + £2,324 =
5. $16.95 x 2 =
6. $1000 -10% =
7. €60+ 15% =
8. $4,396 + $3,221 =
VIII. How quickly can you find the answer to this sum?
Five add three, divide by four, subtract one, multiply by six, take away five,
three times, plus eleven, minus four, halved, equals what?
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IX. Give an example of each item below:
1. an odd number
2. a three-figure sum
3. four consecutive numbers
4. a multiple of 17
5. an even number
6. a fraction
7. a number with three digits after the decimal point
8. an equation
X. Write a short paragraph about the beliefs and superstitions you
know about numbers.
After having revised the main ways of using figures in written and oral
English for business, let us have a look on how to use them when having a
business presentation to make possible a correct decision-taking process.
X. Describe the following graphs:
a) b) c)
…………………..d) e) f)
35
30
25
20
15
10
5
0
Jan Feb Mar Apr May Jun
a)
15
Food
Jan
Feb
Mar
Apr
May
Jun
b)
70
60
50
40
30 Motel
Gas
20 Food
10
0
Jan
Feb
Mar
Apr
May
Jun
c)
4%
10%
24%
62%
d)
16
Japan 4
Others 10
Europe 24
America 62
0 10 20 30 40 50 60 70
e)
1200
1100
1000
..900
..800
..700
600
500
400
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XV. Translate into English:
A.
Agenţia de turism J’Info Tours a înregistrat în această vară o creştere cu
peste 3o% a numărului de clienţi faţă de perioada similară a anului trecut,
fiind estimată o cifră de afaceri pentru acest an, de aproximativ 11 milioane de
dolari, superioară cu 30% încasărilor din 2001. In perioada mai-septembrie,
această agenţie a avut în total 12.000 de clienţi, dintre care peste 8.000 au
fost turişti români, 1.500 au fost străini, iar restul este reprezentat de
participanţii la diverse congrese şi conferinţe internaţionale. Cele mai
importante creşteri ale numărului de clienţi au fost înregistrate la plecările în
străinătate şi la sectorul de business. Destinaţia preferată a turiştilor români
care şi-au petrecut concediile în străinătate a fost în acest an Spania, motiv
pentru care agenţia a organizat curse charter în colaborare cu operatorul
SpainAir.
B. Principala forţă a Ordinului Templierilor rămâneau afacerile monetare.
Intrucât dispuneau de sedii întărite şi puternice forţe de apărare într-o epocă
de arbitrar şi nesiguranţă, templierii ofereau clientelei, în care se includeau şi
capete încoronate, locuri de siguranţă destinate depozitării banilor şi obiectelor
preţioase, convoaie puternic escortate pentru transportarea valorilor,
ascunzători în care se puteau face depuneri tainice.
Având la dispoziţie resurse imense, templierii erau în măsură să acorde
împrumuturi care, din punct de vedere valoric, nu îşi aveau egal pe atunci.
Amănuntele operaţiunilor au rămas învăluite de mister şi nu se cunosc prea
multe despre termene şi dobânzi. Dar este ştiut faptul că ordinul s-a ocupat,
între altele, de finanţarea celor mai importante acţiuni întreprinse în acele
vremuri - cruciadele. Astfel, au fost făcute transferuri de aur dispuse de
suverani pontifi, mari avansuri acordate regelui Ludovic al VII-lea pentru a
porni spre locurile sfinte; mai târziu au fost plătite soldele trupelor trimise
acolo de Ludovic al IX-lea; alt client important, cu ocazia cruciadelor, era
faimosul rege britanic Richard Inimă de Leu.
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UNIT 3
DRAFTING FORMAL WRITTEN DOCUMENTS
Objectives:
- make familiar with general formal rules in business letter
writing
- use appropriate tone, attitude and vocabulary
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These are considered flexible guide patterns.
A direct approach can be used when the message conveys good news,
favorable or neutral information or exchange routine information between
companies. The direct-request plan is used when the main purpose of the
letter is making a request that requires no persuasion.
Direct-Request Plan/Good-News Plan
Main Idea
Main Idea
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ICC
With regard to your query number T.S.134 to the ICC Banking Commission, please be
advised that our initial response to this query, set out in our letter to you of 15
September, 2000, has been amended by the Banking Commission at its meeting of
October 3-4. The full-amended text is the official response of the Banking Commission
to your query. Please find below the opinion of the officers of the Banking Commission.
The opinion rendered on this query reflects the opinion of the ICC Banking
Commission.
Neither the ICC nor any of its employees, nor any member of the Banking Commission,
shall be liable to any person for any loss or damage arising out of any act or omission
in connection with the rendered opinion.
Yours sincerely,
Ron Kats,
Policy Manager - Banking Commission
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business and officially it is polite to get all that lettering right: Letters are but
abbreviations, and customs has evolved certain standards abbreviations and
most people seek guidance about conventions.)
A reply is often wrongly addressed because the writer has no
knowledge of the letter’s recipient or sometimes his or her rank. When the
writer is a woman, the practice gives the recipient the advantage of knowing
whether she should be styled with a title (Lady Brown) or, much more often,
Mrs. or Miss Brown. One also knows that the correct form of address is Mrs.
Joan Davidson, instead of, according to her signature, “Mrs. Davidson Joan”,
or “Mrs. J. Davidson”. “Esq.” or “Mr.” may be omitted because it sounds
pretentious, but it presents no difficulty to which it replies.
This system has some advantages over typing the name under the
signature. It is not customary to include the letters after the name here and
seldom a title.
The inside or the receiver’s address is positioned on the left hand side,
also, under the letterhead. It will contain either the surname of the addressee
if the writer knows it, on the first line of the address, preceded by a courtesy
title or the person’s initial(s) or his or her first given name. The writer should
know or be able to assume the addressee’s position in the company (Sales
Manager, The Finance Director, etc). The letter can be also addressed to a
particular department of the company. If the sender does not have any
information about the person or department, the letter should go to, he can
simply address it to the company itself. In UK, after the name of the
addressee the followings are written in the order:
Name of the building
Number building and name of the street, road, or avenue
Name of town or city and the postcode
Name of the country
Or the number of the fax code or/Internet address
Both the addresses may be “blocked” (i.e. each line is vertically aligned
with the one above), or indented.
There are no rules stating that one style or other must be used, but any
of them used, the writer must be consistent, i.e. not to block the sender’s
address and then indent the inside address or the body of the letter.
A comma, except for the last line, can follow each line of the address
but the majority of firms now use the open punctuation, i.e. without commas.
In order to direct the letter to a certain addressee, there is also the
alternative “Attention line”:
For the attention of the Security Department:
For the attention of the Deputy General Manager
Which is placed between the date and the salutation line.
The date is written below the sender’s address, separated by it with a
space, on the right hand side of the page. The month should not be written in
figures, as they can become confusing. Should be abbreviated, as it simply
looks untidy. It takes a moment to write the date in full, but it can take a lot
longer to
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find a misfiled letter that was put in the wrong file because the date was
written in a confusing way.
As a salutation line is usually used “Dear…”. The American Style of
including both the Christian and the surname is growing in Europe, for
example “Dear John Watson”. The younger generation considers it to be useful
in the business world where informality is on the increase.
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“Yours Faithfully,” (or “Yours truly”)
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“Faithfully” is used on a matter of business, but “truly” is used when the
writer does not know the recipient, but the subject of the letter is not
business. For social style of ending a letter “Yours sincerely” (or “Yours very
sincerely”) is commonly used.
It is important that the letter actually have the right documents
enclosed: if, in the body of the letter a document is mentioned as enclosed,
the writer makes sure that it is that document itself enclosed, with it specific
number of pages registered also on the bottom of the letter.
The signature of the sender is laid on the right hand side of the letter,
after the name of the writer and position typed not to induce confusion for the
receiver. When the person entitled to sign the letter is not available, then a
“p.p.” is mentioned down before the signature to make the receiver
understand who signs the letter actually.
When not having a letterhead, the sender's address is written on the top
right-hand side of the page. As for the date, the abbreviation "th" can be left
out after the date: e.g. June 12 instead of June 12th. The inside address
(receiver's address) is written below the sender's address, on the opposite
side of the page. When writing the salutation line, the surname of the
addressee is to be written when it is known, preceded by a courtesy title. If
you know nothing about the 5) company you are addressing to, the letter can
be addressed simply to the company itself. If the letter begins with "Dear Sir/
Sirs/ Madam", it will close with "Yours faithfully", but if it begins with "Dear
Mr. Peter/ Mrs. Weldon/ Ms. Duddles, it ends with "Yours sincerely". At the
end, it is common and safe to sign with the given name and title.
So that your written and oral communication will be easily
understood, friendly and accurate, make your message clear by using words
that are familiar to your receiver. Aim for unity, coherence, and emphasis in
your sentences and paragraphs. Have an average sentence length of around
15-20 words and an average sentence length of around 4-5 lines in letters and
8-9 lines in reports.
To make figures stand out clearly, you may find headings to be useful.
Give your reader examples with appropriate easy-to-read characteristics or
other visual aids. The courteous communicator is sincerely tactful and
appreciative: he omits expressions that irritate, belittle, or have questionable
humor and he also grants and apologizes and answers mail as soon as
possible.
Overall corectness requires correct language level and accurate facts,
figures, word choices, grammar, spelling and punctuation. Nondiscrimination
toward people because of their gender, race, ethnic origin or physical
disableness is necessary.
The body of the letter should be displayed in a block form or indented.
Whichever style you use, you must be consistent and use that style all through
the letter. Mind the different styles of the two letters:
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A.
Dear Sirs:
Thank you for your letter of 7th March in which you enquire about insurance cover
for your shipments of computer components from Sydney to Rio de Janeiro.
In view of the very different nature of the consignments, I would recommend that
you adopt two different solutions. I suggest that you take out our marine all-risk
valued policy. This provides cover against all standards risks such as wreckage, fire,
theft and damage while loading and unloading, but you would be also strongly
advised to include a "with particular average" clause. Thus, in the event of barratry
(voluntary damage to goods in order to save the rest of the cargo) you would receive
compensation.
This solution would mean a policy at 70p% and therefore a total premium of
$564,390, but the extra outlay is less worthwhile. for the extent of cover provided.
Should you require further information, please do not hesitate to contact us.
Yours faithfully,
T.L. Lawrence
Insurance agent
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CAS
Blvd. des Italiens
3256
France
Dear Sirs,
Yours faithfully
D. Bartolomeo
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EXERCISES
I. Look at the following letter structure and identify its main parts and
their position: a) date; b) letterhead; c) subject line; d) inside
address; e) copies; f) body ; g) reference line; h) salutation line; i)
signature; j) complimentary line.
28
II. Correct the following sentences so that the meanings become
clear. If necessary use more than one concise sentence:
29
UNIT 4
EMPLOYMENT FILE; JOB INTERVIEW
Objectives:
- students will learn to self assess: draft application letter; CV; prepare
the interview
- formal letter skills development
- interviewing skills
INSURANCE TRAINEE
$5,000 per annum plus bonus plus luncheon vouchers
We are seeking a young ambitious person with
mathematical ability, to be trained an all aspects of marine
insurance. Full training will be given.
Call 001 342 9044 for further details and speak to Philip
Donaldson
Philip Donaldson Insurance Brokers
It is highly likely that you will change jobs and positions several times
during your life. Responding to advertisements, to posted job openings in your
current organization or to recruiters’ demands, some form of written
presentation. Most "ads" use abbreviated forms: "Wntd" (wanted); "smll co"
(small company); "slry" (salary); "usl bnfts" (usual benefits); "clk" (clerk);
"accnts" (accounts); "mngr" (manager); "asst" (assistant), "vcs" (vacations);
etc.
When you seek a first position or you desire a new position, you must
promote and "sell" yourself as a product. Therefore, market research is
needed concerning job and career opportunities before starting to write and
make a product attributes analysis that will attract the employer.
For an adequate self-appraisal take an inventory of your employment
qualifications. List your specific achievements, capabilities, interests, attitudes
and characteristics under certain heading:
30
1. Work experience: dates, employers, titles, duties, responsibilities,
successes, promotions.
31
2. Education: schools you attended: junior colleges, colleges, universities,
technical schools, -dates, names, locations, degrees, scholastic standing in
each, accomplishments.
3. Extracurricular and professional organization achievements: membership in
sports, church, social community, projects, coaching, student teaching,
tutoring; achievements, honors, awards-scholarships, honor rolls,
recognitions.
4. Interests, preferences, attitudes: integrity, enthusiasm, dependability,
ability to communicate in writing and orally, intelligence, ability to listen,
maturity, analytical, ability, to cooperate with others, emotional stability,
decision-making ability, capacity of leadership, self-confidence, adaptability,
sense of humor, determination, health and energy, etc, etc.
The next step will be your job-getting campaign and determine which
job and employers require what you have to offer. Published sources and
various people can help to inform you about careers and jobs available in your
domain. Annual reports, recruiting booklets, occasional articles in business and
professional journals present companies' new ventures, expansions, additional
products.
After having evaluated your assets, and researched job opportunities
and employers' requirements, you are ready to prepare your written "sales
promotion". Prepare a CV (resume) organizing pertinent facts under
appropriate headings, emphasize your strong points honestly. Write then an
application letter.
4.1. CV (Resume)
The CV gives the reader a general image of the applicant - who you are,
what you want, what you have to offer, where you can be contacted.
Prepare your resume ready for any time you may need it. Its content
will provide information required by any employer and its layout will follow
some general rules. Dates may be arranged in reverse chronological order, if
preferred, and the headings and dates are placed usually either on the left
margin or centered, and the subheadings begin at the left margin and dates
near the end of the same line. It is desirable that the CV have only one page.
The content will comprise:
I) Opening section:
a) Your name, address, telephone number
b) job or career objective
II) Summary of basic qualifications
a) Education
-school names and locations, dates attended, degrees, certificates
-major, significant courses; academic honors, grade-point average if
high; achievements
III) Work experience
- employers' names and locations, dates (beginning and ending month
and
32
year), titles, positions, specific accomplishments
- volunteer work, research, publications
V) Personal data
-age, health, military service, hobbies
VI) References -usually provided upon request
" ... you need to make it easy for the employer to buy. You need to clearly
state when you will be available to talk to the employer. Be specific: give
telephone numbers where you can be reached both at work and off work. You
could have a tremendous background and see yourself very well, but if the
employer can't reach you, everything could be lost."
(Lola M. Crawford, Resume Writing Made Easy)
"A CV without a cover letter is like an unannounced sales person
showing up at your door. If you are going to let in a perfect stranger, you at
least, want to see their credentials. This is exactly what a cover letter does- it
introduces you, a total stranger to the reader. It must be compelling,
personable, and brief. It needs to specifically relate to the position in question.
Remember you only have eight seconds to convince the reader to invite you
in".
(Barbara B. Vinitsky and Janice Y. Benjamin, "How to become Happily
Employed")
"No cover letter should carry the salutation: 'To whom it may concern'.
It will concern no one if you don't personalize it. The surest way to get the
information is to find the name in trade journals or call the company and ask
for the name of the appropriate person".
(Kenneth and Sheryl Dawson, Job Search, The Total System)
„The cover letter is rarely anything but a liability, but you must include it
because its absence is worse".
(Jeff B. Speck, Hot Tips, Sneaky Tricks & Last Ditch Tactics)
"Poor grammar, bad punctuation, and misspelled words suggest that the
applicant is either poorly educated or simply doesn't care about the impression
created. The chances are unusually high that the employer is going to forgo
reading the accompanying resume and quickly move on to the next job
applicant".
(Richard H. Beatty, The Perfect Cover Letter)
33
A cover letter should be sent together with the applications forms and
C.V., either explaining points that might not be clear, or giving information to
emphasize your suitability for the job. The cover letter should not be used to
repeat the details of your resume, such as work history, education, or personal
objectives. The CV is about you, your experience and your skills. The cover
letter is about what you can do for the employer.
What the cover letter should contain:
The first paragraph needs to grab the hiring manager's attention: you
are interested in the company and you want to fill a need they have. Show
that you work in the same field, that you have common professional interests,
or you have been following the company in the news. Mention the source of
information: a mutual friend or an associate. The manager will feel more
obligated to reply to your letter. Be as specific as possible: Don't just mention
the job position, but describe what the company requires from the position.
In the second part of the letter state briefly the skills you bring that will
specifically meet the employer's needs. The CV will give details.
This section will highlight the way you will use your endowments and
experience to benefit of the company. The use of the personal pronoun is to
be kept at a minimum. It can be used this way: "Here is how I can help you".
The letter will close by indicating what you would like to happen next.
Take action: Tell the potential employer where you can be reached, either by
phone or by e-mail, but don't wait for his or her call. Let him know that if you
don't hear from them within a few days, you will follow up with a phone call to
make sure your CV and cover letter have reached the intended recipient, and
to settle an interview. Be assertive but polite.
As for the formatting of the cover letter there are some basic rules to
keep in mind when drafting it.
A three-line block, flush left, one space below the date and one space
above the greeting. This block contains the address, the zip code, and the
date. (The date may be separated from the block by one line)
Another three-line block, flush, one space below the date and one space
above the greeting. This block contains the addressee's full name and address,
including zip code.
A colon is better to use instead of a comma. The greeting should
address a specific person in a formal manner: Dear Mr. Johnson, but not Dear
William. If you don't know the name, address the letter to "Hiring Manager",
"Human Resources Manager" or simply "Manager".
You may use bullets and bold print in the body of your cover letter to
organize and highlight information, and make it easier to read. If you do
decide to use them, do it conservatively.
The closing should read Sincerely, because you don't know the person.
Leave enough room for the signature between the closing and your name
when you print your cover letter.
34
EXERCISES
I. Mind the following text of a cover letter and comment upon the
ideas, their order and tone. Match the following parts where possible:
a) If the name of the person you are to write to is given in the advertisement,
then include their name in the salutation.
b) In the first body paragraph give examples of what you do now and
underline how that makes you suitable for the post you are applying for.
c) Remember that if you begin the letter Dear Sir or Madam, then you should
end “Yours sincerely,” If you include the person’s name in the salutation, end
the letter with “Yours faithfully,”
d) Make yourself as flexible as possible when it comes to interview availability.
e) The heading gives a quick idea as to the content of the letter. The harassed
reader can see at a glance what the letter is about.
f) Always quote the reference number if it appears in the advertisement.
g) In the second paragraph outline what you would expect from the job.
Sound enthusiastic about it. Let your prospective employer know you feel
challenged by and you are confident that you have the requisites to meet that
challenge.
h) Read the advert carefully, and in the body of your letter refer to all the
points about the job that were mentioned there.
i) It’s best to put the phone number at the top left, so that the reader doesn’t
mix it up with the address.
j) Always include the post code (GB) or the zip code (US) with the address.
k) Check in the advert if you need to ask for an application form or a full job
description.
35
November, 15, 2001
Sincerely,
Anita Smithfield
36
4.3. JOB INTERVIEW
a) the applicant should know himself - compare his or her strengths and
weaknesses with the job requirements;
b) read the latest annual report of the company or on-line database, talk to
friends who work for that company;
c) know the current beginning salary range for your type of job and
experience;
d) pay a lot of attention to your appearance as it always conveys significant
non-verbal impression. Wear conservative, neatly pressed, appropriate
clothing of good quality. Avoid gaudy colors and style (Men suits and ties, and
women tailored skirted suits). Be well groomed, with a neat hairstyle, clean
fingernails and shined, unstuffy shoes. A pleasant smile is desirable;
e) know exactly when and where the interview will be held. Arrive a few
minutes before. Know the interviewer’s name and how is it pronounced;
f) rehearse your opening statement and handshake perhaps in front of a
mirror;
g) avoid negative body language as signs of nervousness and tension:
frequently touching your mouth, faking a cough to think about the answer;
gnawing on your lip; tight or forced smile; swinging your foot or leg; folding or
crossing your arms, slouching, avoiding eye contact; picking at invisible bits of
lint, etc.
EXERCISES
I. Separate the following attitudes according to the table
37
A. Desirable Behavior B. Attitudes to avoid
II. Mind the body language; add to the list different other significant
gestures in business:
- don’t display dominant body positions, such as standing too upright, or
with hands on your hips and your elbows sticking out, that would suggest too
much confidence and dominance.
- business man should smile and raise his eyebrows when meeting his
partners, estimate the physical distance between them. An acceptable
distance in Western Europe is an arm’s length, but an elbow length is suitable
in the Mediterranean, and closer contact is acceptable in Eastern Europe
- when covering the mouth, or touching the nose, means that the
partner does not necessarily tell the truth, or he is thinking, or he thinks that
the interlocutor is lying.
- crossing legs in front of an American customer, should appear rather
effeminate
- using hands when expressing an opinion represents vagueness
- open palm indicates firmness, truth, honesty and sometime
submission
- persuasiveness can be increased by an open body position when
addressing to an audience – arms and legs outward, upright position, frequent
head nods and hand gestures
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5. What do you know about our company?
6. Why did you choose to work with us?
7. Do you prefer working with us or by yourself?
8. Can you take instructions without feeling upset?
9. Do you like routine work?
10. What size of city do you prefer?
11. Mention your major weakness.
12. What kind of books do you prefer?
13. What is the last book you read and when?
14. Describe your special abilities.
15. Mention the disadvantages of the professional field you chose.
16. Tell me about likes and dislikes of your last position.
17. Describe me a difficult situation you handled in your last position.
18. Mention some short-term and long-term goals. (5 and 15 years)
39
UNIT 5
INTERNAL FORMAL BUSINESS DOCUMENTS
Objectives:
- familiarize with the principles and rules of internal documents drafting
and wording
- get used with the formal rules of drafting formal internal documents
EXERCISES
40
proofreading, mailing, presenting and filing records. Computers, electronic
3) ___________, videoconferences, are developments and ways to reduce costs and
time of communicating efficiently. A significant fact to be considered is the wasteful
cost of poor messages, inaccurate, inconsiderate unduly long and late communication
that destroys goodwill and 4) _________ customers. They require additional 5)
_________, or they can determine even loss of life or money. It is worth bearing in
mind that successful messages help 6) __________ efficiency, goodwill, safety, profits
and public credibility.
1) The meaning on which most people will probably agree according to the dictionary
definition.
2) Communication errors when instructing or discussing issues; words or sentences
may convey unclear messages to the recipient; he should ask before putting them to
practice, to determine the sender's intended meaning.
3) Mild, innovative expressions with which most people do not have negative
associations. E.g.: maintenance worker or staff member instead of janitor; slender
instead of skinny; laid off, terminated instead of victim of reorganization or staff
cutbacks.
4. Qualitative judgments and personal reactions added to the connotative meaning of
words: "Director's lounge", "executive suite", "rickety firetrap", and "rat-filled joint".
They tell how the communicator evaluates the subject.
An office manager handed a new assistant a letter, with the instruction "Take it
to your stockroom and burn it." In the office manager's mind (and the firm's jargon
the word "burn" meant to make a copy on a company machine that operated by a
heat process. As the letter was extremely important, she wanted an extra copy.
However, the puzzled new employee afraid to ask questions, burnt the letter and thus
destroyed the only existing copy!
5.1. MEMORANDUM
In market economy system organizations are autonomous entities, so
they become able to build their own specific culture. One of its characteristics
is the internal correspondence that usually follows internal specific rules and
regulations according to their target addressees.
Memos have a format which is simpler than the correspondence
conceived for external destinations. They miss the heading, but they bear a
subject line which is compulsory, but they can omit the salutation line and
complimentary clause.
Memos are pieces of internal correspondence that are used to inform
the staff upward, downward and horizontally. They are informative and can be
conveyed either on paper or on internet mail.
41
The purposes of memos are defined on two-tier stages:
- I. they give professional information to the reader and make him
acknowledge it
- II. built positive images of the writer
- build positive image of the organization itself
- set and consolidate good relationship between the writer and
the reader
- avoid further correspondence on the same subject
Memos provide detailed verbal and numerical information,
classifications, background that is specific for the matter. Any negative
elements should be presented as positively as possible. The reader should be
focussed on his benefits that must be clearly and convincingly stated. The
message will also indicate the steps the reader has to follow to set the
problems. A positive and a goodwill ending will always make the addressee act
accordingly to the writer's wish.
The printed standard block form lines up the name of the writer, of the
reader and the subject line vertically. Some organizations have the option to
alter the order of these items, or request the sender to sign the document
instead of initialing it. The signature goes below the last line, starting half-way
over on the page, this way adding unauthorized information is prevented. The
possible second page of the memo is set up as an ordinary external business
letter. The format of the memo allows fast and easy typing, so that
information should be easily filed. The body is typed in block fashion. The
message is not supposed to end by calling for further information, as the
reader might understand that the memo was not complete.
Memo stationery quality is improving according to the increasing use of
word processing systems. Memos can be sent via electronic mail (E-mail) or
simply can be printed out on a computer paper. Formal memorandum reports
may use a higher quality paper. Here you have an example of pre- printed
memo stationery:
MEMORANDUM
(Compnay's name)
DATE:
FROM:
TO:
TELEPHONE:
DEPT:
SUBJECT:
Message, comment or reply
For your:
Approval Comment Information
42
The standard memo parts presented can be programmed to appear
automatically with just a keystroke in a word processing system. Items as:
reference initials, enclosures, file number, sender's department and telephone
number are optional. It requires no inside address, salutation, complimentary
close or full signature. A message-reply form of memo is a good time and
expense saver for both sender and recipient. It can be transmitted in a three
perforated sheets packet in different colors making up a message-reply
packet.
MEMORANDUM
(Company's name)
DATE:
FROM:
TO:
TELEPHONE:
DEPT:
SUBJECT:
Message, comment, or reply For your:
a)
Memo
43
b)
Memo
Please debit the account 9 800 438 00 ROL by the amount of ROL 2520 342.37
representing 1% tax withheld on term deposit interest paid in January 2000
which must be paid to the state budget.
Please verify the amount against individuals' deposits maturing by the end of
January.
c)
GRAND HOTEL
From: The General Manager
DATE: September, 6, 2004
TO: All Front Office Staff
SUBJECT: Pricing policy
It is clear that some clarification of our policy on pricing and room rates are needed.
BASIC RATES: We have a basic rate of all room types. However, it is common for different rates to be charged. This is
because the Sales and Marketing Department negotiate special rates for different agents, corporate clients and other
clients.
The basic rates are:
Standard room: € 8o (double) Luxury/Executive Plus: €115 (double) Suite: Individually priced
Standard discounts:
Weekend rate (Fri/Sat or Sat/Sun) 15% discount
Weekly rate: seven nights for the price of five
Specially negotiated rates:
Most guests come as part of a tour, through a tour operator, or as a corporate guest. In this case a special
Rate will have been negotiated and will be on the computer for Reservations and the Front Office to access.
Free Sales Agents:
Free Sale Agents are sent availability charts every two weeks. They sell rooms at an agreed rate (usually the corporate
rate). They don't have to check with us, so administration costs are kept low.
Allocation Holders:
Allocation Holders have a certain number of rooms which they agree to sell (usually at FIT rates). The customer pays
them directly and they take commission and pass on what is left to the hotel.
For week-ends they have the rooms on a 48-hour release (in other words the hotel can take them back by Thursday and
resell).
If you have any more questions, please speak to the Reservations Manager or the Sales and Marketing Department.
( chenar )
44
45
46
EXERCISES
I. Your employer encourages young executives to enroll for additional
university training whenever possible, and the firm pay tuition for the
desirable programs. You would like to attend the Graduate School of
Business Administration Management Program at Cambridge
University branch in Bucharest. Because most classes meet three
evenings a week and a few on Saturdays, they will not interfere with
your job. You believe that the course definitely makes a graduate
more knowledgeable in the management field, thereby increasing his
or her worth to the insurance company where you work. Some of the
topics you foresee as particularly valuable to your present job are
management communication, performance appraisals and basic
human motivation. The program over one academic year costs $
1,500; $ 300 is required to be submitted with your application and the
remaining $ 1,200 by September 30. Today is July 14. Enclose your
application with your memo to Mr. James Dawson executive vice
president for his approval.
47
- machiajul şi manechiura vor fi în culori naturale
- pantofii lustruiţi, nu sunt permise sandale sau cizme
- parfumul în cantităţi controlate
Domni:
- Să poarte costum şi cravată, cu sacou în special în holul băncii
sau în alte zone în care clienţii au acces
- Culorile acceptate sunt:
- - Costume: preferabil albastru închis, gri, negru
- - Cămăşi: cu mânecă lungă preferabil albe sau albastru
deschis
- - şosete: culori închise
- - pantofii: în culori închise, lustruiţi tot timpul
- Este obligatoriu să se bărbierească zilnic
5.2. REPORT
In Great Britain, the adoption of limited liability as the usual system of
corporate organization gave important impetus to the movement in favor of
publication of balance sheet as a report of the activity of the commercial
banks. The tide was running in favor to publicity, the growing strength of
important joint-stock banks that voluntarily published reports on their
activity, helping to turn the fashion. The publication of an Annual Balance
Sheet in no way altered the private character of the Bank, or the
responsibility of the partners to the full extent of their property.
Governments in the European Union set the rule of publishing reports of
the largest businesses according to criteria including revenue, employment
and assets – that should disclose the material social and environmental
impacts on their operations each year, as part of the operating and
financial review in their annual report. This new requirement will be
welcomed as a move towards greater transparency. The growth of such
reporting has been prompted partly by demand from investors – who are
increasingly concerned about the risks attached to the social, ethical and
environmental impacts of businesses. Many companies seem to regard a
sustainability report as primarily, a public relations document, but readers
of the reports say that their purpose is to provide accountability and
transparency. The guidelines give companies a clear template for what to
include in reports, how to go about it and how to make sure that readers
will value and trust the content.
Reports can be about many things: an analysis of a problem, a
summary of a completed job, the progress of a project, the results of an
investigation.
Reports provide information collected for a target specialized audience;
it is made in order to find solutions for the problem it evaluates. They can
be informative reports, providing both information selected carefully and its
interpretation, while recommendation/problem-solving reports
recommend/suggest solutions.
Informative reports can be
- Sales/production reports: numerical lists of sales/production for a
stated period of time
48
- Accident reports: description and evaluation of the nature and causes
of a work accident
- Audit report: states and evaluates facts revealed by an audit
- make-good/pay-back reports – makes reference to the period of time
at which a capital investment will pay back
- Scouting reports: identify strengths and weaknesses of a newly
employed person or a potential customer/business partner and
recommend/deny them or recommend strategies for getting the best of
them.
- Feasibility report: evaluate alternatives and make recommendations
for a new product/service, a strategical step in business, a promotional
campaign, etc
- Justification report: makes reference to the need of an investment, a
change in procedure/technology/strategy
- credit report: make evaluations of business plans for being granted a
loan
- progress/interim reports - evaluate the work done so far and the still
remaining on to the completion of a project
- trip reports: share information and achievements/shortcomings drawn
out after a visit to a customer/supplier
- closure reports: a research upon feasible conditions for a new
product/service evaluated economically/technologically under current
conditions
Planning and writing reports, making summaries, taking notes are
important skills in business environment. There are several types of reports:
long, short, formal and informal and, according to their way of delivery,
reports may be oral or written (letters, memos, separate documents). They
can be periodic and occasional. Its main parts are the Introduction, the body
of the report and the terminal section. The first one will state the terms of
reference, the objectives, and the procedure required, then the authority to do
it. The body of the document will present a detailed account of what has been
accomplished, and how much remains to be done. The terminal section will
mention future plans and recommendations. As for the technical aspects, it is
recommended for the paragraphs not to be bigger than 100 words, to contain
just one idea, and to be separated by larger spaces. Typographical elements
should be used, such as underlying capital letters, graphics in boxes, italics,
etc. The sentences are recommended to be concise, and clear. Longer reports
may have a summary, a table of contents or perhaps appendices with extra,
non-essential information. Many in-company reports have a standard format
and so the writer does not have to worry about the structure. Here are some
techniques of report writing:
- focus the first drafting of the ideas not on the language and
grammar until the editing and rewriting stage
- keep the briefness of phrases and simplicity of grammatical
structure
- use impersonal style and focus on relevant facts
- balance your points of view showing careful consideration for
arguments
- the report writing style should keep with the target reader: a
report written for a senior manager should be respectful and
polite, with suggestions for the manager to consider. A report
49
for junior staff is more likely to use a direct style and have
short sentences and statements rather than suggestions.
Report drafting will take into consideration some technical basic steps:
a) statement/definition of the matter
b) selection of the sources and information needed
c) data interpretation
d) presentation of relevant criteria for reorganizing the information
e) report wording and drafting
Reports will be audience oriented to achieve effectiveness. The
message will be clearly stated in a readable document by keeping the
sentences short and simple, using familiar words. Verbs of action should
be used to communicate ideas instead of redundant words. Simplicity
and directness will improve the quality of the document, as a highly
knowledgeable writer will always select the best words to convey plain
and convincing ideas and solutions.
Reports can be exclusively numerical or they can simply provide
information that employees must know and use to solve professional
problems. Reports can be formal or less formal. The formal ones will
have specific format and elements:
- title page/subtitles
- a transmittal
- Table of contents
- Body
- conclusions
- List of illustrations,
figures/drawings/graphics
-
- List of references/
bibliography
- Appendixes
- Abstract
The preparatory elements will personalize the document:
- Name of the author
- Target audience
- Date
- Subject
- Coverage
- Organization
They are numbered by Roman numeral.
Title report will name the report object will provide the name and
position of the author date and the document submission.
Preface or the Letter of transmittal states the purpose of the document,
object and content. It is used when the audience reader is a single
person or a well defined group.
Table of contents: a list of the headings and subheadings of the report
Body: the longest section of the document presenting the detailed
information and messages ordered logically, according to the criteria
selected and considered by the author(s). Heads, sub-heads graphics,
quotations, footnotes should be used.
Conclusions: the ending part will bring forth and summarize the main
ideas, state clearly the solutions or recommendations according to the
50
type of report.
Abstract: it is a short overview of the most important ideas in the
content of the document. It may consist of few paragraphs to be turned
into an oral presentation, explaining the purpose, the plan and order of
its ideas.
Reports readability and legibility should be reader-oriented as it has a
highly practical use. Here are some drafting techniques:
- a two/three centimeters margin is needed to be kept all around
the document page
- a 2/three centimeter margin is needed on the left hand side if
the document is bound
- a double space between paragraphs is recommended for easy
reading
- headings and subheadings will separate ideas, verbal/numerical
lists, quotations, graphics
- typographical elements should make words, ideas stand out
- bullets or dashes, numbers or letters should be used to
systematize random information
- paragraphs and phrases will be achieved by avoiding redundant
and complex words by using action verbs, familiar words and non
prepositional phrases
51
Statement of Income and Retained Earnings
Accountants' Report
EXERCISES
I. Match the missing words in the following text: 1. Situation; 2.
Pattern; 3. Insurance; 4. Influence; 5. Area; 6. Investigations; 7.
52
Statements; 8. Current; 9. Increasing; 10. Evidences; 11 conclusion;
12. Circumstances.
53
AUDITORS’ REPORT
We have audited the accounts that have been prepared under the historical
cost convention as modified by the revaluation of certain land an buildings and
on the basis of the accounting policies set out on pages 26-28.
The directors are responsible for preparing the Annual Report including,
as described on page 16, the accounts. Our responsibilities, as independent
auditors, are established by statute, The Auditing Practices Board, the Listing
Rules of the London Stock Exchange and by our profession’s ethical guidance.
We report to you our opinion as to whether the accounts give a true and
fair view and are properly prepared in accordance with the Companies Act. We
also report to you, if in our opinion, the directors’ report is not consistent with
the accounts, if the company has not kept proper accounting records, if we
have not received all information and explanations we require for our audit, or
if the information specified by law or the Listing Rules regarding directors’
remuneration and transactions with the company is not disclosed.
We review whether the statement on pages 9 and 10 reflects the
company’s compliance with those provisions of the Combined Code specified for
our review by the Stock Exchange, and we report if it does not. We are not
required to form an opinion of the effectiveness of either the company’s
corporate governance procedures or its internal controls.
Opinion
In our opinion the accounts give a true and fair view of the state of
affairs of the company and of the group as at 31 December 1998 and of the
profit of the group for the year then ended and have been properly prepared in
accordance with the Companies Act 1985.
54
III. Translate into English:
Raport al Preşedintelui Consiliului de Administraţie si al Directorului General
Banca TDR a confirmat în anul 2000 creşterea conturată în anul
precedent, deşi contextul macroeconomic a rămas dificil, în ciuda anumitor
semne de relansare economică. Rezultatele băncii sunt elocvente: cu un
rezultat net de 1030,8 miliarde lei, care indică o noua îmbunatăţire a
indicatorilor săi financiari, TDR si-a manifestat capacitatea de a depăşi
dificultăţile inerente perioadei de transformari pe care o traversează.
Banca deţine în prezent peste 29% din piaţa creditului pentru persoane
fizice, peste 19% din piaţa creditului pentru societăţi şi ca urmare a încrederii
de care se bucură, a atras un volum de depuneri ale clienţilor mai mare cu
23% decât cel de la sfârşitul anului precedent.
Preocuparea noastră a fost de a întări prestigiul şi imaginea băncii, de a-
i consolida identitatea, ca membra a unui grup internaţional de marcă, de a se
implica în economia ţării, de a crea produse şi servicii noi, de a se adapta
economiei româneşti. In anul 2000 am reuşit să mărim cota de piaţă a băncii
noastre (market quota), calitatea serviciilor, profitul băncii şi deci şi veniturile
acţionarilor, în condiţii de deplină siguranţă a resurselor clientelei noastre.
5.3. MINUTES
Minutes are documents that record the talks and decisions taken by the
55
participants to a meting to fulfill a certain goal. The notes are usually taken by
the secretary and then the document is fully drafted after the meeting from
the notes, objectively and factually.
A minute should carry the following type of information:
- names of the participants
- kind of meeting (occasion al, regular)
- date /place of meeting
- time the meeting opens
- action of the group, stating exactly the decision and steps taken, the
person in charge, motions and amendments, the voting results
- the time of adjournment
- the signature of the secretary and of the chairperson
EXERCISES
a) Generally the better days for meetings are Tuesday through Thursdays.
However, some executives consider a good time for meetings early Monday or
Friday. A poor time is Friday afternoon and immediately after lunch. Good
times are 9 to 11 a.m. and 2 to 4 p.m. psychologically desirable as the
participants work more alertly to help accomplish the goals of the meeting so
that it will end on time. Depending on the audience size and the purpose of
the meeting, the chosen place may be in the executive suite, a company
conference room, an auditorium, a hotel, or a convention center.
b) Most often it is the meeting leader who words the question and prepares
the agenda. The announcement is sent early enough to give the participants
adequate time to prepare their thoughts on the matter.
56
circle, or around the conference table, or U shape, so the conferees
can easily see one another and the chairperson. Items to consider
are chalk boards, whiteboards, marking pencils, chalk, erasers,
pencils, papers, flip sheets, microphones, projectors, visual aids
(charts, tables, and graphs). Drinking water, glasses and ashtrays (if
smoking is allowed) should be handy. Name cards may be useful if
the participants are not personally acquainted.
II. Methods of solving problems in meeting: There are three ways that
may be used to solve problems in meeting: Intuition (rapid insight
into a problem), rationalization (justification attempts over time) or
scientific, reflexive thinking (logical progression) to come to an
answer. The last one will be the object of this exercise. Match the
solution steps and their description:
a) After having taken the final decision, the solution must be implemented. A
precise office or person within the firm is asked to do that and the proposal is
assigned a budget. Setting a time for completing the solution is central to the
action step.
b) All group members and others will judge solutions according to well-
established criteria. Criteria for assessing solutions include workability,
feasibility, acceptability, positive or negative consequences, costs, number of
people impacted, and return of investment.
c) Facts are collected about the problem having in view the following possible
questions:
- The history of the problem
- Symptoms of the problem
- The extent and the seriousness of the problem
- Size of the problem
- Possible causes and effects (management, labor unions, governmental
policy)
- The way other companies handle the problem
- Analyze previous solutions taken without positive results
d) The process of listing as many ideas as possible without judgment from any
group member - even for off-the-wall solutions (brainstorming) is a favored
method. The chairperson and the participants consider several alternative
solutions, ranging from practical to highly innovative. The list is then
shortened, in the light of stated criteria. Several good ideas may thus arise,
and later serve as a list from which the final solution may come.
57
concreteness, clarity should be the criteria to follow when raising the issue of
any meeting.
f) It follows the evaluation of suggestions in light of the stated criteria. The
pros and cons of each solution are weighed, to see one particular solution truly
will solve the problem or will create new ones. The discussion may end by
creating entirely new solutions or combine new parts of several solutions.
III. Use the dictionary and supply definitions for the following:
1. Conference; 2. Colloquy; 3. Symposium; 4. Committee; 5. Panel
forum; 6. Debate.
IV. Follow-up meeting:
After having decided upon the matter discussed in the meeting,
responsible committees, departments or individuals are appointed to
carry out the chosen action. Copies of the minutes the secretary or
assistant prepared should be sent to the meeting attendees soon after
the meeting. They usually include:
Name of the organization
Date, time, place of the meeting
Names of the members present
Names of any other present as invited
Name of the chairperson, rank the recording secretary
Brief summary of the reports, if any, by those listed on the agenda
Highlights of solutions presented and decisions made
Time of adjournment and (if announced) date of the next meeting
Read the following two minutes and mind the differences.
A.
Minute
Present:
Richard Mandel (Chairman)
Amanda Adam (Designer)
Jonathan Belgrave (Accountant)
Sarah Windmill (bank officer)
Subject:
Project of a new building for Insuconsult
58
B.
MINUTE of the meeting held at the Head Office of Computer Jar Co.
23/3/99
59
5.4. SURVEYS
Question a large group of people called respondents or subjects. The
questions will be drafted under the form of a questionnaire. The questions will
be worded neutrally, avoiding assumptions about the respondents and having
the same meaning to different people.
1. Match the following meanings of the word "survey:
a). look carefully from a distance
b). study/description of the general condition
c). investigate the behaviour, opinion of a group of people
d) act of surveying
1. Of the five hundred householders surveyed, 40% had dishwashers.
2. He surveyed the crowds from the balcony.
3. Surveys show that 75% of people approve on the new law.
4. He hold a speech in which he surveyed the international political situation.
60
UNIT 6
EXTERNAL FORMAL BUSINESS LETTERS
Objectives:
61
HELLENIC BANK ASSOCIATION
No. 131
Mr. Roberto Paviani
Secretary General
Italian Banking Association
Hoping that you will accept our invitation and that the proposed dates are
convenient for you, I would appreciate it if you could complete and return the
attached Participation form at your earliest convenience and preferably no later
than July 7. 2001. The second attached form Traveling details is expected, if
possible, no later than September 22, 2001. This will enable us to proceed with all
the necessary details.
Also, we would like to remind you that a parallel meeting will be held among
participants, who come from BSEC member countries. The purpose of this
meeting will be, as you are already informed, to explore the possibility of
establishing a Union/Association of BSDEC member-states' Banks.
For the time being we are working on the details of the agenda, which will be sent
to you in due course.
Finally, with the opportunity of this communication, I enclose our latest Annual
Report on the H.B.A. activities during 2000.
Best Regards,
Andreas Paskalis
General Manager
62
Alice Arnaud, 10-14 Beauchamp Street, London W1
Secretary to Dr B. Backbone
IV. Write a letter of invitation to which you have the following reply:
Ross Consulting
Chartered Accountants
Ross Consulting
Stonecutter Court
1, Stonecutter Street
London EC4A 4TR
Rinaldi Loren
Secretary General of Italian Banking Association
143, Dominicani Str. Rome
63
Our Ref: /mls12ac
I would like to thank you for your help in arranging the meeting In Rome last
month to discuss the Technical Report prepared by Ross Consulting as a part of
the EC PHARE project on technical assistance to Italy in the field of Money
Laundering. The meeting was, for us, a very successful one and we have taken
into account the opinions made at the meeting.
The final version of the Technical Report has now been approved by the EC and
we will be distributing it the next few weeks.
I also passed on to the EC the request made at the meeting for further
assistance; however I have not yet received a reply from them on this matter.
Finally please pass on my thanks and best wishes for the future for those
members of the Association who have attended the meeting with us and
therefore contributed to the project.
Yours sincerely,
Malcolm Moore
Ross Consulting
Conducerea
Bancii Veracruz Madrid
Si conducerea
Bancii Veracruz Romania
Au placerea sa va invite (request the pleasure of your presence) la receptia de
inaugurare a
Subsidiarei
Banca Veracruz Romania
Care va avea loc in Bucuresti,
Marti 22 septembrie 2000, ora 18.00
In sala de Marmura a Casei Centrale a Armatei,
Str. Constantin Mile nr 1
64
6.2. STATUS INQUIRY
Bankers maintain strict secrecy about the affairs of their customers, but
they are allowed to provide an opinion about their financial standing, in
response to a request from another business or bank, as knowledge about
their integrity, financial standing and creditworthiness is needed. The
customers may supply goods or services on credit and will naturally want to
know whether it is safe to do so.
If a business person proposes to enter into a business agreement, the
other party may require a reference, preferably a banker, to give an opinion
concerning the customer's financial standing. The other party asks his own
bankers to follow up this reference. They write to the bankers named, asking
for an opinion in confidence as to the respectability and truthfulness of the
customer concerned, in the way of business to the extent of a certain amount
of money, the price of the business. The reply will contain a general indication
of the creditworthiness of the customer, without giving any specific detail of
the account. A usual form of an opinion is: "respectable and considered good
for your figures".
Banks take every possible care to protect their own business and their
customers, and the practice of providing a status opinion about a customer,
without that customer's express authority, does not harm at all. Usually, when
the creditworthiness of a customer is a subject of an enquiry, he does not
even know that any enquiry has been made.
EXERCISES
I. Match the following missing words with the gaps:
a) departments; b) meet; c) arrangements; d) references; e) worthiness.
II. Inquiries requesting information are usually written when facts are
needed about a company, or a person. The way the questions are
ordered, organized, drafted, whether they are written under the form
of a memo, letter, or long survey questionnaire, makes it a clear and
effective document. Mind the following suggestions and arrange them
into a convenient and logical order:
65
b) Word your questions to get more than “yes” or “no” answers if you need a
detailed opinion or description, such as: “What kind of duties requiring
responsibility did the applicant perform especially well?”
c) If you wish the respondent to rate a person, product or service, it may be
better to define each category on your rating scale.
ヘ ヘ ヘ
egotistical approachable exceptionally
unfriendly likeable agreeable
tactless somehow will easily
pleasant attract
neutral friends
team-worker
tactful
III. Read the following letters of status inquiry and draft a reply to
each of them.
X Commercial Bank
234, Strasbourg Bd.
International Division
web site: http:// www.trd.fr e-mail: rof@trd.fr
phone: 40- 2- 2110657; fax: 40 – 2110656
To:.......
Fax:.......
66
a co-operation in this field.
As we are not in the possession of any data regarding this entity, we would very
much appreciate providing us with relevant information, as well as your opinion
on the mentioned company.
Please, rest assured that information offered will be confidentially treated and for
our professional use only.
We thank you in advance for your valuable assistance and hope to have the
opportunity to reciprocate to you on similar occasions in the future.
Yours truly,
..............
K Commercial Bank
253, Bouquinistes Bd. Rouen
International Division
web site: http://www.k.fr.; e-mail: somebody@k.fr
phone: 40-1-3220864; fax:40-1-322928
To:.............
Fax:.................
For the kind attention of Mr. Thorndike Deputy Manager
Dear Sir,
We would highly appreciate, Dear Sir, providing us with data regarding their
shareholders, activities, financial standing for the last two years (if possible),
and also your opinion on their reliability in relationship with your good bank and
business partners.
We assure you that this information will be confidentially treated, strictly for our
own professional use.
Please note that we will be ready to reciprocate by render similar services to
67
you at any time your institution will request us to do so.
Thanking you in advance for your prompt, kind assistance, we are looking
forward to hearing from you soon we remain,
Yours sincerely,
6.3. RECOMMENDATION
Any progressive organization replies to reasonable requests courteously,
helpfully, and promptly. Such a message will always start with the best news
-information that is useful to the reader, emphasizing the positive aspects.
Among the most frequent inquiries are the request for information about
personnel and credit applicants.
68
Pertinent information about an applicant's qualifications, character, and
general conduct in a message should be preferably addressed to the specific
person interested, instead of "To whom it may concern". A letter of
recommendation must be fair to the applicant, to the inquirers (prospective
employer, creditor, landlord, or whomever) to the writer's conscience and
reputation for integrity. The writer must abide by civil rights laws and be
aware of possible legal problems.
Favorable or neutral confidential recommendation letters (or even
phone calls) are based on some main ideas:
- the full name of the subject will be stated and the type of relationship he or
she had with the writer - employee, customer, friend, business partner. The
dates, length of time, type of job, credit, or whatever is pertinent, using only
facts.
- an expression of pleasure, if sincere, will be present in the statement of
purpose for the letter, replying confidentially to a request. A subject line can
cover a part of the item: "Confidential report by request on James Thorndale
as a credit applicant"
- the letter will answer to all questions - direct or implied unless doing so
would be legally risky. They will be arranged in the best psychological order,
depending on facts.
- the statements of evaluation (excellent, outstanding, and so on), will be
backed by specific facts about performance record.
- mention specific duties performed by the applicant
- mention work habits showing personality characteristics
- negative material will be treated honestly and fairly.
- a candid statement of the writer's opinion will be included about the
applicant's probable fitness for the position, lease, credit, membership, etc
EXERCISES
I. Identify the main ideas and their order in the in the following:
Dear Sirs,
I had the opportunity to know Mrs. Amelia Warren when she attended my
Financial Management of the Enterprise course during the Academic year 1997-
1998.
In this capacity I observed her high intellectual potential. As the course required,
she developed analytical, quantitative and reasoning skills. She proved to be very
motivated for individual work, a very hardworking and devoted person.
A special mention should be made with respect to her deep insights on topics
such as Evaluation Models of Options. This I can assess based on the discussions
that I had with her in preparing a presentation on this topic.
For all the above reasons, it is my opinion that she can easily face the
69
international competition at high standards of your institution. Therefore, I
strongly recommend her to be granted the scholarship she is applying for.
Yours sincerely,
Professor John Doe
Dean of the Faculty
Finance, Banking, Stock Exchanges and Insurance
70
6.4. INQUIRY for GOODS and SERVICES
An inquiry (also spelt enquiry) is sent when a businessman wants some
information about:
- the supply of goods
- leaflets or catalogues
- quotations or prices
- terms and dicounts
- availability of goods
- delivery times and deadlines
- method of transport
- insurance
If a prospectrive supplier approaches suppliers for the first time, it is
useful that he tell them something about his own business, the kind of goods
he needs and for what purpose they are required. In the case of customers of
long standing or repeat orders, the inquiry may be very simple.Often a phone
call will do.
The reply to an enquiry will be polite, direct, and prompt. It will start
with the expression of gratitude for the enquiry and will end with the
expression of interest in the addressee requirements.
Dear Sirs,
We are open to consider quotations for an export of 10,000 bicycles in India, Sri Lanka
and Nepal.
You will be very helpful to inform us the quantities that you are able to deliver at regular
intervals, quoting your best terms f.o.b., Brisbane. We shall handle export formalities, but would
ask you to calculate container transport to Brisbane for onward shipment
Yours faithfully,
Nicholas Milton
Export Manager
Specific vocabulary:
- We are retailers/importers/wholesalers in the ........trade and wolud like to
get in touch with suppliers/ manufactrurers of...........
- We are in the market
- We are interested in importing...
- We know about your products from...
- Please send us prices and samples of......
71
- We would like to send us a firm offer for..../your current catalogue
showing.....
- We read your advertisement and we
require ...for immediate delivery of ...........
are interested in buying.............................
and would like to have further details about..............
and would like to know if you can provide us with.........
- Would you kindly quote us your best/lowest prices and terms of payment
for....
- What qualities /quantities are you able to supply from the stock
- If your prices are competitive/ if the qualkity of the goods comes up with our
expectation/If the samples meet our customers' agreement we can probably
place regular orders with you
- We look forward to receiving your quotation/prices/reply by return/as soon
as possible
- Thank you for the information you can provide to us.
- An early reply would be appreciated.
- We usually settle accounts/make payments by...........
- Payment will be made by.......
- Please send us a pro-forma invoice for customs purposes.
EXERCISES
I. Fill in the blanks the missing words in the following letter of inquiry
for goods:
1. quote; 2. place; 3. business
Dear Sirs,
We are in the a)................... of seasonal fruits and we are interested in
importing for our developing market. We kindly ask you to b)................ us
your best prices, qualities and terms of delivery and payment for bananas,
mangoes, oranges and figs. We can c)................ large and regular orders if
the quality, prices and terms are convenient for us.
II. Mind the the structure of a) the inquiry and b) the reply to the
enquiry. Use then the reference sentences to write the corresponding
inquiry and reply letters.:
a). Inquiry: 1. How did you get in contact
2. Some information about your company, and the reasons for
which you decided to write the letter
3. General request for information
4. Specific questions
5. Close, perhaps some reference to a future successful business.
b). Reply: ...1. Thank-you line and reference to the inquiry for goods
2. Reference to the attachment to the letter if any.
3. Highlight several key points.
4. Answer any specific questions
5. Close the letter with the promisse to supply any further
information.
72
d) Could you also provide details of your delivery times, and whether there
is any minimum order?
e) Thank you for your email of 14 June inquiring about our products.
f) You will note that our line of Magic mirror wardrobes is a special offer.
g) Please send us information about your product range, including a price
list.
h) We met last Thursady on our stand at the Bucharest Trade Fair.
i) If you need any further information, please do not hesitate to contact
us.
j) We dispatch the goods within 24 hours of a firm order, and for first-time
customers our minimum order is €5,000.
k) We are intgerested in trading your products on our market
III. Translate into English the following:
Stimaţi domni,
Ne face plăcere să vă informăm că aţi fost recomandaţi de firma X...ca
fiind cei mai eficienţi pe piaţa de materiale de construcţie. Firma noastră a
cîştigat câteva licitaţii pentru restaurări de imobile din patrimoniul naţional de
artă şi, din acest motiv, suntem interesaţi în achiziţionarea de materiale de
construcţie de bună calitate dar la preţuri rezonabile şi condiţii de plată
convenabile.
Vă rugăm să ne transmiteţi cataloagele dumneavoastră şi lista de
preţuri aferetă în cel mai scurt timp posibil. Având în vedere posibilitatea unor
comenzi substanţiale pe o durată îndelungată, colaborarea noastră poate
devină strânsă şi benefică de ambele părţi. Aşteptăm cu interes oferta
dumneavoastră,
6.5. OFFERS/QUOTATIONS
Offers are sent without a preceding inquiry when a supplier wants to
draw the attention of customers and new customers to a special product or
range of goods. A firm offer is a subject to certain conditions, a deadline for
the receipt of orders, or a special price for certain quantities.
The quotations in reply to an inquiry may be a simple one, containing
simply the prices and other information asked for. The sales businessman will
take the opportunity to stimulate his correspondent's interest in the goods or
services by including a sales message and the assurance that the customer
will receive personal attention.
EXERCISES
I. Mind the information provided in thefollowing offer and the way
they are presented:
73
VETMELLAS ROMANIA SRL
Animal Health Products, Feed Additives, Breeding Material
George Ruskin
Discounts
- For a quantity of 6o or more we allow you a special discount of 20% on the
prices quoted.
- The quantity discounts vary according to the size of the order.
- Your initial order is subject to a special discount of......
74
- We can grant you % discount on orders exceeding €...in value /on repeat
orders.
- We quoted special prices, a,d therefore the offer is not subject to the usual
discounts.
Terms of payment
- Cash in advance.
- Cash on delivery (c.o.d.)
- Cash with order (c.w.o.)
- Our usual terms are cash against documents (c.a.d.)/pro-forma invoice
- We can allow you three months' credit for future orders
- As our prices are so favourable, our terms of payment are 30 days net.
Delivery terms
- c.i.f./C.I.F. (cost insurance and freight)
- c&f/CF (cost and freight)
- f.o.b./FOB (fre on board)
- f.a.s./FAS (free alongside ship)
- franco domicile, free (buyer's address)
- ex works/ex factory.
- Prices are ex warehouse.
- Freight and insurance to be paid by buyer/you.
- Delivery can be made from stock/is not incliuded in the price.
- Delivery will be made within two months of receipt of your order.
a) We hope you agree that our pieces are very competitive for these
quality clothes.
b) We look forward to receiving your unitial order.
c) Payment: irrevocable letter of credit
75
d) Trouser suits sizes 8-16 in white, yellow, pink, turquoise, navy blue,
black per 100 $2,650.oo
e)
f) Prices: valid until 30 April
g) Delivery: c.i.f. Bucharest
h) You will be receiving cuttings of our materials and color chart.
i) Transport: sea freight
j) Yours faithfully,
R. Brown
Fashionland
Export Department
RCA
HOTEL
hot JL Kebun Karet 16
Jakarta
el Indonesia
Mr. Joseph Turner
10 Gresham St., Glasgow
Accomodation is still available for September, but we are almost booked up for July.
Would you therefore let us know your wishes as soon as possible, so that we can
reserve the rooms you need.
We look forward to the pleasure of seeing you here again soon.
76
situaţia în care se fac comenzi mai mari, acestea se pot modifica în funcţie de
cantitatea şi calitatea solicitate.
Vă invităm la sediul nostru din strada..............pentru a vă convinge şi a
negocia cele mai convenabile preţuri.
In speranţa unui răspuns favorabil care să ne conducă la bune afaceri
împreună, rămânem ai dumneavoastră,
B). Urmare cererii dvs de ofertă nr 26 din 14.Sept. 2004 alăturat vă
transmitem următoarea ofertă a "Circuitului a la carte" în Jogjakarta,
Indonezia.
4 zile/3 nopţi
Leagănul civilizaţiei javaineze unde puteţi descoperi vestigiile şi urmele unei
culturi milenare. De semnalat în primul rând Borobudur, capodoperă a
arhitecturii religioase.
Ziua 1:
Sosirea la Jogjakarta. Primirea la aeroport şi transferul la hotel. Vizita
oraşului: palatul sultanului, Kraton, muzeul Sonobudoyo, atelierele pentru
baticurile musulmane şi de argintărie.
Ziua a 2-a:
dimineaţa se vizitează templul Borobudur, temple budiste din secolul VIII şi
IX. Considerat ca cel mai mare din lume, cele 9 nivele simbolizează accesul
către Nirvana. După-amiaza, excursie la templele hinduiste de la Pranbanam.
Din luna mai până în octombrie se poate participa la faimosul festival
Ramayana care se desfăşoară în nopţile cu lună plină (excursie facultativă).
Ziua a 3-a:
Jogiakarta. Zi liberă. Posiblitatea organizării unei excursii în Dieng, un
interesant şi pitoresc oraşel de provincie, în inima Javei.
Ziua a 4-a
Jogiakarta. Zi liberă până la ora trasferului la aeroport. (2 până la 6 persoane)
Preţ: $ 350 /persoană: cazare cu mic dejun inclus; transferurile de la şi la
aeroport; excursiile prezentate în program; ghid vorbitor de limbă
engleză/franceză /germană
- nu sunt incluse: zborul până la Jogjkarta; taxele de aeroport
Orice modificare de program sau itinerariu aduce cu sine modificări ale
preţului. Vă rugăm să ne confirmaţi, în termen de 30 zile numărul de turişti
pentru care doriţi organizarea acestui sejur.
Director general
6.6. ORDERS. ORDER ACKNOLEDGEMENTS
An order is a piece of business correspondence by which a purchasing
department or a buyer asks for the goods or services that he intends to be
provided with. Although orders are usually ordinary forms to be filled in, it is
preferable that a letter is written and certain points are made clear. There
could be some import regulations which makes it necessary to complete
77
formalities or delivery instructions or other matters that might be underlined
better in a letter. The supplier usually sends an order acknowlwdgement and
thanks his customer for the order. If any terms are changed, or if the goods
are no longer available,
the customer is notified in due time. Ordinary expressions used in cover letters
for orders and acknowledgement of orders:
Placing orders:
- Please supply/send/reserve us the undermentioned goods/ number of
rooms.
- With reference to your qoutation, we enclose our order for prompt
delivery of...
- We accept your offer on these terms, and are pleased to place an
order for.....
- As the goods are urgently required, we should be grateful for delivery
by....
- Please confirm that you can supply this quantity by the required date.
Acknowledgement of orders
- By the present we let you know that the delivery will be made
immediately on receipt of your cheque/remittance of credit
- We trust that this initial order lead to further dealings between our
companies.
- By the present we confirm that the delivery will be made according to
your instructions
- Your order is already being carried out/executed/processed, and
delivery will be made by January, 15, as requested.
Refusal of Orders
- By the present we inform you that the goods ordered are out of stock
for the moment/no longer available. We can offer you a substitute which is the
same price and of similar quality.
78
swatch catalogue of the supplier by which a discount of 10% and 12%
is alowed for orders of over €60,000 and € 80,ooo respectively.
Calculate the total price. Is there any higher discount possible? Use
the spare parts the cover letter of the order as a reply to the following
memo.
MEMO:
ORDER FORM
ITEM CODE: DESCRIPTION QUANTITY UNIT PRICE
J24 drawer cabinets 4 € 236
K30 chairs 80 € 40
128 MNP M1 FAX 6 € 65
DG 445 Fax rolls 30 € 12
X136 MNP Computers 50 € 1,100,00
20XCL Binders 25 € 199
7.38.GH Postal scale 1 € 225
10 FY Shredder 1 € 110
97OP Wall clock 2 € 50
12 S 8734 Flip chart 3 €239
===========================================================================
TOTAL: €6,271,500
DISCOUNT: 5%
DELIVERY CHARGE: €350
TOTAL: €5,993,80
79
preţul de € 250/tonă, conform ofertei pe care ne-aţi trimis-o în data de 23
Martie, 2004, în condiţiile în care livrarea se poate face până la data 15 Aprilie
anul curent. (inst)
Inţelegem de asemenea, că plata până la 60 zile beneficiază de o
reducere de 2,5%. De asemenea, ne rezervăm dreptul de a refuza orice
cantitate de
ciment care nu corespunde eşantioanelor pe care ni le-aţi pus la dispoziţie şi
pe care noi le-am testat.
Având convingerea că derularea contractului se va face în bune
condiţiuni, sperăm într-o colaborare mănoasă şi de lungă durată.
6.7. COMPLAINTS
There is a fly in my software – A computer program
80
there are no plans to incorporate a robot arm that grabs the user by the
lapels.
XVI. Match each document type on the left with a definition on the
right:
1. an enquiry...............a) a request to supply (sent by the customer)
2. a quotation..............b) a request for information sent by the customer
3. an estimate..............c) an approximate calculation of the cost of something
4. a counter-proposal....d) the price given for goods or a piece of work
5. an order...................e) a letter where the customer tries to get better
terms
6. an invoice................f) a document that proves you have paid for some
goods
7. a reminder..............g) a list of amounts paid and still owed, sent every
month
9. a receipt..................h) a bill for goods or work done
9. a statement..............i) a letter to customer about an unpaid invoice
10. a complaint.............j) a letter saying you are not satisfied about
something
81
5. ......................................................6..........................
7.....................................................................................
Goods are dispatched
8 invoice
Goods arrived but there is a problem
9.........................................................10........................
The problem is solved
11
12. Payment......................................13..............................
The customer starts to place regular orders
14
15. Further payments
82
immediately. Apologize and give a reason for the mistake in the invoice – say
you will send a new one.
Student B worksheet. Your company supplies office computers. Your
address is Springtime Road, Milton Keynes, TQ8 5KP.
83
newspapers
2. Reply to the Director of "Green Horse" residence
- refer to "Green Horse" 's letter and mention that you hope they
received your cheque
- make a counter-offer as you do not agree to the new terms
- inform Green Horse that your company in good financial situation.
3. Reply by e-mail to "Green Horse"
- refer to the "Green Horse" letter; you accept the quotation but not the
new terms
- a meeting is a good idea – suggest a time
- you ask for a copy of "Green Horse" 's last annual accounts before the
meeting
4. Reply by e-mail
- thank for the "Green Horse's e-mail. You consider that the meeting will
be useful
- you do not agree to the extra-charge due to the re-modeling of the
residence, as you can't recover it from your customers – in your catalogue it is
written that there will be no hidden extra-costs. Suggest you talk about that in
the meeting
You have some bad news – two of your customers have cancelled their
holiday at the last moment and now you only need 4 double rooms and a
single
B). Worksheet. Student B: The director of "Green Horse"
residence; Your companies have been doing good business together for
several years
1. Write a letter to your partner "Treasures of the Countryside"
- remind your partner that payment of your last invoice is overdue
- explain your decision that you started a new financial policy: to
improve cash-flow: all clients must pay a deposit of 50% two months before
the check-in day and 5o% one month after
2. Reply to the Director of "Treasures of the Countryside"
- make reference to Treasures' letter and thank them for the cheque
- give them a quotation for the accommodation: €60 for a double and
€40 for a single. You would like a 50% deposit now, as mentioned in the last
letter. This will guarantee the availability of the rooms.
- let Treasures know that your company is in good financial situation.
- suggest a meeting to discuss the matter in detail. When would be
convenient to "Treasures..."
3. Reply by e-mail to Treasures' letter
- Treasures' counter-proposal is not acceptable. You need to discuss this
in the meeting. You express your confidence in a compromise to acceptable on
both sides
- you have some bad news – the government has raised a 6% tax for
small business and so, your previous quote will have to go up
4. Reply by e-mail
- thank Treasures for their e-mail. The time they suggest for the
meeting is convenient.
- confirm that the 4 double rooms and 1 single are available in the
residence. You will discuss the new terms at the meeting, but you still need
the deposit now to guarantee the availability of the rooms
84
- Your annual accounts are confidential and cannot be shown to the
clients. However, you are prepared to answer any questions in the meeting.
C. Stimaţi domni,
Regretăm să vă informăm că, deşi aţi respectat termenul de livrare al celor
două loturi de margarină, nu aţi ţinut cont de specificaţiile comenzii noastre.
Acestea prevedeau un ambalaj corespunzător transportului cu tir frigorific care
să protejeze marfa atât împotriva temperaturilor exterioare ridicate cât şi a
celor joase din interiorul mijlocului de transport. Având în vedere cele de mai
sus, vă facem cunoscut că ambalajul s-a degradat pe timpul transportului în
proporţie de 40%, ceea ce a determinat şi perderea unei cantităţi însemnate a
conţinutului şi deteriorarea calităţii acesteia.
In consecinţă, ne considerăm îndreptăţiţi să vă solicităm daunele
aferente pierderilor suferite ca urmare a nerespectării instrucţiunilor de
ambalaj stipulate în contract. Considerăm binevenită o întâlnire a
reprezentanţilor firmelor noatre pentru negociere la data de 25.Octombrie
2004.
Vă rugăm să ne comunicaţi în cel mai scurt timp decizia dumneavoastră
în această privinţă.
85
PART II
BUSINESS RELATIONSHIP
86
UNIT 1
BUSINESS CONVENTIONS
Objectives:
- familiarize with specific terminology and concepts
of different business agreements
- acquisition of specific vocabulary
- train ability of drafting different contract clauses
87
- Contract of licence: the licensor grants the
licensee the right to sell, to produce or render a
service under the name of the former. The
licensor provides the latter with all the necessary
technical
- documentation and information needed to
exercise the right under the contract while he is
bound to keep the confidentiality of this
information against a third party.
- Mandate agreement: the mandatory undertakes
to arrange business matters in the name of a
mandator at his request against the payment of a
certain amount of money for the service rendered
called a commission.
- Silent partnership agreement: the silent partner
provides an investment to an entrepreneur that
will pay him back an amount deriving from the
profits obtained in the entrepreneur's business
results.
- Leasing contract: the lessor undertakes to allow
the lessee the temporary use of equipment,
means of transportation, buildings for a stipulated
period of time and the lessee undertakes to pay
the lessor a hire-pay as remuneration.
- Security Brokerage Contract: a Brokerage
company undertakes execute buy/sell orders on
the behalf of a natural/legal person as a Client.
- Insurance Policy: an Insurance company
undertakes to cover the different types of risks:
transportation, damages, fire, floods, accidents,
life, etc.
- Charter Party: a ship-owner agrees to place his
ship, or part of it, at the disposal of a charterer
against a certain freight on the cargo to be
carried.
A. Sales Contract
The Hire/Purchase contract has the object of transfer of the ownership
from the seller to the buyer for an amount of money or for any other
consideration. The seller undertakes to deliver the assets sold or hired and the
buyer/purchaser undertakes to pay the purchase price according to the
clauses negotiated and stipulated din the contract.
The main parts of the contractare:
Preamble of the contract that will include information about the number
of the contract, date and place of conclusion, the seller and the buyer, their
legal address, logoes, telephone number, bank account number. If the seller
88
and buyer are legal persons they will always be represented by natural
persons that will be identified by the data in their identity card
Terms or Clauses of the contract:
- Object of the contract: goods or assets sold or hired named)
- Quantity of the goods/assets that make the object of the contract
- Quality accoording to the nature of the goods/assets
- Packing
- Marking
- Unit/Total Price and Terms of Payment
- Sales/Hire Terms of delivery
-Transportation
-Insurance
- Jurtisdiction and Arbitration
- Contingencies. Claims and Penalties
- Other clauses: guarantee, technical documentation, taxes, customs
duties, amendments, cancellation, stamps
- signatures of the two parties
B. Franchising Agreement:
The two main parties of the franchising contract are the franchisor that
licenses the franchesee (a manufacturer, a distributor, trader, etc) to
manufacture or sell a product or render a service on his behalf for a stated
period of time. The franchesee, i.e the holder of the licence pays the grantor
of the licence (franchisor) a royalty on sales, often as a lump amount as an
advance against royalties. The franchisor undertakes to supply the franchesee
with finance and technical expertise.
C. Employement Contract
This type of contract is concluded between the employer and the
emploee for a determined or undetermined period of time. The clauses are
negotiated and stipulated in the contract and guaranteed by the two parties
who undertake their rights and responsibilities that become binding under
their signatures.
D. Credit Facility Convention
89
Banks make loans for worthwhile purposes: financing trade, expanding
businesses, house building, and so on. They need evaluate the three C's of
credit: character, capacity, and capital. That is the integrity of the borrower,
his capacity to repay the loan, and the soundness of his financial position.
Sometime the loan applicant's ability to repay the loan is pendant on
the purpose of the loan itself. Loans can be self-liquidation, when the source of
repayment is from the sale of imported merchandise, or capital-expansion,
when the source of repayment is from increased sales.
The financial statement of the borrower represents the financial position
of the borrower and it usually consists of a detailed balance sheet and a profit
and loss account statement. An audited financial statement requested by the
credit officer will cover a certain period of the customer's activity.
In international banking activity, the credit officer will consider the
economic and political outlook of the foreign country before loaning money to
a foreign borrower, its balance of payments being an important source of
information. The bank's prior experience with the borrower and the nature of
his
business represents a subjective factor in the decision-taking process. When
the loan is granted, the bank will also decide upon the interest rate to charge.
That will depend on the cost of money to the bank. This includes the average
interest rate the bank is paying to its depositors, the bank's operating costs,
the return that the bank expects. The bank must also take into account
possible losses and provide dividends to the bank's shareholders.
There are also other considerations to take into account when a bank
decides to allow a loan. If it is about a term loan, that is a second rate
borrowing, the risk is greater and it must be compensated through a higher
interest rate against the prime-rate borrowings that are short-term loans.
The appropriate credit instrument is to be decided upon for the repayment of
the loan too. The promissory note is the most customary that can be payable
"on demand" of the bank. The banker's acceptance can be used for loans
involving international trade. It is saleable to investors so that the bank
merely commits itself to pay on maturity. The bank does not have to commit
its own funds. Credit extension may involve advances, discounting of accounts
receivable, overdrafts, or advances against collections. A loan can be secured
by collateral assigned to the bank, such as securities or precious metals, or
guaranteed. When an agreement is reached, the borrower signs the necessary
documents and the amounts are disbursed to him.
For large loans, banks often form a syndicate each of them disbursing a
portion of the loan. One bank puts the deal together and carries the
administrative burden during the life of the loan, being the "lead bank". A
syndicate is sometimes desirable because of the legal lending limits on banks,
the general relationship of the total demand for credit compared to the supply
of loanable funds, or the prudent banker's desire to spread the risk.
E. Contract of Licence
The agreement is concluded between the licensor who grants a licence
to the licencee to sell a certain product, manufacture a preoduct, render a
service, run a business. The licensor is entitled to continue performance of his
rights but may also grant the same object of the contract to other persons.
The licencee is not entitlerd to transfer the rights and obligations undertaken
by the licence contract to another person without the consent of the licensor.
The contract will also provide the providing of the technical documentation and
90
the information needed to the licencee to perform his undertaken obligations.
The latter is bound to keep confidential both the documentation and the
information provided under the contract, against a third person.
F. Mandate Agreement
The two parties of the Mandate contract are the mandatory who
undertakes to set certain business matters by taking legal steps in the name
and for the account of the mandator, while the mandator undertakes to pay
him a certain amount of money – a commission. The mandatory will perform
his obligations undertaken by the contract in accordance to the mandator's
instructions and interests and keep him informed on the matter.
G. Silent Partnership
The silent/sleeping partner will participate into a business managed by
an entrepreneur by providing him investment. The entrepreneur undertakes to
pay a certain amount or percentage of the profits arising form the silent
partnership. The object of the business will be passed to the entrepreneur to
be used for a
certain period of time in business activities. The silent partner is entitled to
check the books of the business regarding its activity. The silent partner is not
bound to give back his profit share in case of loss. The contract ends when the
stipulated time elapses.
H. Leasing contract
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- financial lease does not provide for maintenance
or service by the lessor and it is fully amortized;
the lessee, in this case, has the right to renew the
contract on expiration, but never to cancel it. In
other words, the lessee must make all payments
or face the risk of bankruptcy. Two special types
of financial lease are the sale and lease-back
arrangement and the leveraged lease.
- sale and lease-back occurs when a company sells an asset it
owns to another firm and immediately leases it back. In this case the
lessee receives cash from the sale of the asset, and the lessee makes
periodic lease payments, thereby retaining use of the asset.
- leveraged lease is a three-sided arrangement among the lessee,
the lessor and the lender by which the lessor purchases the assets,
delivers them to the lessee, and collects the lease payments from the
lessee. The lessor puts up no more than 40-50 per cent of the purchase
price, while the lender supply the remaining financing and receives the
interest payment from the lessor. The arrangement would be a
leveraged lease if the bulk of the financing was supplied by creditors.
Manufacturer
of the asset
Equity Creditors
J. Insurance Policy
92
Insurance is based on the principle of paying a relatively small amount
of money, called a premium that is to cover against the risk of accidents,
damage, theft, which could determine financial loss. When deciding to take out
insurance, a broker or an underwriter can give advise on the specific type of
insurance that cover certain requirements. The third party insurance type is
compulsory when driving a motor vehicle, as the owner of a write-off car may
lose a lot of money in case of an accident. The most advantageous insurance
type is the all-in which enables the insured party to claim for any damage that
might occur to his car. The insured party fills in a notice of claims when the
damage, loss or theft occur and lodges it with the insurer and an independent
surveyor assesses the compensation claimed. Properties can also be insured
against fire, floods or burglary. But because of depreciation, little
compensation is usually paid. Life insurance called assurance is more and
more convenient for the people retiring
as the state pension funds are lower and lower as they provide an additional
source for them. Their premiums are calculated according to actuaries. Trade
is also covered by insurance policies.
K. Charter Party
Foreign shipping is backed by Charter Party contract that is an
undertaking of a ship owner to place his ship or a part of it, at the disposal of
a charterer, the latter agreeing to pay the corresponding freight on the cargo
to be carried. The
contracting parties are the ship-owner and charterer.
EXERCISES:
93
Contractul este un acord, o înţelegere între două sau mai multe părţi
contractante, sub formă scrisă sau verbală. De obicei, pentru aceste contracte
societăţile, instituţiile, organizaţiile au pregătite contracte tip pe care le
completează atunci când este nevoie. Unele clauze, cu variaţii nesemnificative
de conţinut, se găsesc în toate tipurile de contracte, cum ar fi: obiectul
contractului, notificări, forţă majoră, cesiunea, încetarea contractului.
Convenţiile scrise permit determinarea clară a obligaţiile şi drepturile părţilor.
Dacă acestea nu pot ajunge la consens deplin în ceea ce priveşte fiecare
termen în contract, aceasta nu trebuie să împiedice semnarea contractului
totuşi atunci când majoritatea condiţiilor au fost îndeplinite şi tranzacţia este
destul de importantă.
Orice notificare/comunicare ulterioară semnării contractului devine
valabilă pentru înţelegerea între părţi numai dacă va fi transmisă prin
scrisoare, fax sau telex confirmat. Aceleaşi comunicări nu pot deveni parte
integrantă din contract dacă ele nu capătă o forma scrisă şi confirmată de
către cealaltă parte contractantă.
94
UNIT 2
ORDINARY CLAUSES in BUSINESS
CONVENTIONS
2.1 Quantity
Quantity and quality clause is present in any business contract
according to its object and nature. The seller, hirer, franchisor, licensor,
mandator, the silent partner, lessor, broker, insurer or the ship-owner will
make reference to the quantity and the quality of the object of the contract
in the quantity and quality clause. They are both established according to
the type of contract, nature of assets/goods/services and international
trade usage. Different measurement units are used to determine the
different quantities.
Length............................... .....GB/US
Centimetre 0,394 inch (in)
Metre 49.4 inches or 1.094 yards
(yd)
Kilometre (km).................................... ......0.6214 mile
Surface .................................. .GB/US
Square metre (m2).............1 are (a) 0.025 acre
Ares .................................1 hectare (ha) 2.471 acres
2
Hectares ............................1 square kilometre (Km ) 0.386 square miles
Weight GB/US Metric
1 grain o.065 gram (g)
437 grains 1 ounce (oz) 28.33 grams
16 drams (dr) 1 ounce 28.35 grams
16 ounces 1 pound (lb) 0.454 kilogram (kg)
14 pounds 1 stone (st) 6.356 kilograms
2 stone 1 quarter 12.7 kilograms
4 quarters 1 hundredweight (cwt) 50.8 kilograms
112 pounds 1 hundredweight 5o.8 kilograms
100 pounds 1 short hundredweight 45.5 kilograms
(US)
20 hundredweight 1 ton 1016.o4 kilograms
2000 pounds 1 short ton 0.907 tonne
2240 pounds 1 long ton 1.016 tonnes
95
Linear Measure
G&B Metric
1 inch (in) 25.4 milimetres (mm)
12 inches 1 foot (ft) 30.48 centrimentres
(cm)
3 feet 1 yard (yd) 0.914 metre (m)
5 yards 1 rod, pole or perch 5.029 metres
22 yards 1 chain (cn) 20.17 metres
220 yards 1 furlong (fur) 201.17 metres
8 furlongs 1 mile 1.609 kilometres
1760 yards 1 mile 2.609 kilometres
3 miles 1 league 4.828 kilometres
Square Measures
GB/US
1 square (sq) inch 6.452 sq centimetres
144 sq inches 1 sq foot 929.03 sq centimetres
9 sq feet 1sq yard 0.836 sq metres
484 sq yards 1 sq chain 404.62 sq metres
4840 sq yards 1 acre 0.405 hectare
..40 sq rods 1 rood 10.1168 ares
4 roods 1 acre 0.405 hectare
640 acres 1 sq mile 2.59 kilometres or 259
hectares
Cubic Measure
GB/US
1 cubic (cu) inch 16.39 cu centimetres
1728 cu inches 1 cu foot 0.028 cu metre
27 cu feet 1 cu yard 0.765 cu metre
There are numerous standard measurement units used in international trade :
o barrel for crude oil
o bale for cotton, wool or paper
o bag (70 kos)
o sack (100 kos)
o bushel for grains
o drum, demijohn, carboy, can, for
chemicals
96
o sets for china, glass
2.2. Quality
Quality clause refers to the quality of the goods, services that make the
object of the contract. It may involve detailed description from physical,
chemical, biological point of view, or the goods state (solid, gaseous, liquid) ,
shape, colour, size, content, place of origin, crop year for wines. The technical
specification is enclosed to the contract making detailed reference to the
specific characteristics of the merchandise that makes the object of the
contract.
- material that the product is made of
- power consumption
- output per time unit
- operation speed
- operation /use instructions, etc
Before concluding the contract the content of the quality clause will be
established according to samples, specimens, patterns that will represent
references for the goods delivered. In certain situations the brand name
/trade mark will be mentioned. Catalogues are also means of confronting the
quality of the products offered to those ones delivered.
Roman trade rules and principles are mentioned till nowadays by the
expressions: "tale quale" or "tel quel" when the product is taken delivery of
and paid by the buyer as it is. He takes the risk of any subsequent damage.
Products can also be qualified by specific expressions: Fine (F), finest (FF),
super fine (FFF) or fair, good, extra, waste, rejects, f.o.q. (fair average
quality), g.o.b. (good ordinary brand).
97
The quality checking will be confirmed by a specialized document:
Works Test Certificate (WTC) which guarantees the quality of the goods for a
limited period of time
98
UNIT 3
SPECIFIC CLAUSES in BUSINESS
CONVENTIONS
99
UNIT 4.
PAYMENT METHODS
Objectives:
100
4. Collection: the goods are shipped to the buyer.
The seller's draft and documents covering the shipment are presented through
the buyer's bank for payment, so the title documents are in control of the
bank, although the buyer may refuse to pay or accept the draft.
Trade involves buyers and sellers seeking to exchange goods or services
despite their differences in language, national custom, credit procedures and
accounting practices. Historically, merchants have sought ways of minimizing
these differences and facilitating trade. The special protection and
opportunities offered by Letters of Credit apply to both domestic and
international trade.
4. Letter of Credit. If the contract of sale establishes
Letter of Credit as method of payment, the buyer
must apply to its bank for a Letter of Credit in
favor of the seller. The application and the
agreement with the bank is separate and distinct
from the underlying contract of sale between the
buyer and the seller. The contract between the
buyer (as Applicant) and its bank evidences the
buyer's reimbursement obligation and
responsibility to its bank and sets forth the terms
and conditions to be included in the Letter of
Credit. The Applicant is obligated to the bank for
any amount paid under the Letter of Credit.
Therefore, the Applicant must use sound business
judgement when entering into a contract with a
party in whose favor the Letter of Credit will be
issued. The buyer's bank (Issuing bank)
undertakes to the Beneficiary (seller) and
provides a specialized service. The seller
presenting the documents must comply strictly
with the terms of the Letter of Credit to have the
right to receive payment from the bank. This
right is not contingent upon the seller's actual
compliance with the underlying contract of sale
but rather upon the bank's determination of
complying documents. By the Letter of Credit the
seller may be requested to present quality and
quantity certificates of the goods (laboratory
testing certificates, inspection certificates) along
with other documents. The buyer and the seller
must agree beforehand on the responsibility for
payment of these services, as the buyer's and
seller's integrity are paramount in any exchange
of goods or services regardless of payment
methods.
The parties to the Letter of Credit are:
- Applicant: the party that makes the application for the Letter
of Credit to the Issuing bank, usually the buyer or the
importer
101
- Beneficiary the party in whose favor the Letter of Credit is
opened, usually the seller or the exporter
- Issuing Bank – the Applicant's bank, the bank that undertakes
to the Beneficiary to issue the Letter of Credit
102
negotiations are made with recourse, the Beneficiary receives funds either for
full or partial value of the drafts drawn on the Paying Bank, i.e. similarly to
cashing a check at a bank other than the bank on which it is drawn.
Letters of Credit sometimes provide for negotiation without recourse.
Under such instructions, the Negotiation bank has no recourse to the
Beneficiary after it has honored the Beneficiary's draft.
Many different types of Letters of Credit were developed to meet the
needs and requirements of buyers and sellers throughout the world.
- Revolving Letter of Credit is more efficient and cost effective
when the Applicant and the Beneficiary agree to ship goods on
a continuing basis. A special Letter of Credit for handling
multiple shipments, renewable over an extended period of
time, a Revolving one, may operate automatically
- Installment Letter of Credit incorporates a schedule for
shipment or drawings. If the Beneficiary fails to present
strictly complying documents for a scheduled shipment or
drawing, the Beneficiary will not be entitled to draw under the
Letter of Credit for that or any future shipment or drawing.
- Red Clause Letter of Credit is used when an Applicant wants to
advance cash to the Beneficiary to purchase the goods or
effect shipment under the Letter of Credit. It restricts
negotiation or payment to a specific bank. It is referred to as a
"red clause" simply because the clause is sometimes printed
or typed because the clause is sometimes printed in red ink. A
"red clause" is typically used when there is a close business
relationship between the Applicant and the Beneficiary.
- Back-to back Letter of Credit – is used when the Beneficiary of
an Irrevocable Letter of Credit seeks to use the instrument
issued in its favor as a basis for requesting a bank to issue a
companion Irrevocable Letter of Credit in favor of the
manufacturer or supplier of those goods needed for shipment
under the fist Letter of Credit. The Beneficiary of the
Irrevocable Letter of Credit (a broker or a middleman) will
become the Applicant of the second Letter of Credit using the
first as collateral for the issuance of the second Letter of
Credit. The two Letters of credit used jointly to facilitate the
purchase of the same goods are called Back to back Letters of
credit.
- Transferable Letter of Credit – is used by the beneficiary to
request it to be available to one or more partners, named
transferee, but only once. If partial shipments are not
prohibited, portions of the Transferable Letter of Credit may
be transferred separately, but the amount transferred cannot
exceed the amount of the original Letter of Credit (Master).
Exercises:
I. Fill in the blanks the missing word in the following Letter of Credit
1. installment; 2. schedule, 3. law; 4. statement; 5. expiration
103
World Development Bank
56-70 Wall Street, New York, 1002
March, 3, 2005
Irrevocable Standby Letter of Credit
Refine Realty Corp.
230 May, South Drive
Chicago, Il, 12003
Sirs:
By order of our client Hotel Macedonia Corporation, New York we hereby issue
our Irrevocable le Standby Letter of Credit nr 825 in your favor, for an amount
not exceeding in the aggregate U.S.$2,ooo,ooo effective immediately and
expiring at our office on September 30, 2006.
Funds under this letter of Credit are available to you against draft(s) drawn on
us, mentioning thereon our Letter of Credit no 825, in accordance with the
following a)................ of payments:
We hereby undertake with you to honor each draft drawn under and in
compliance with the terms of this Letter of Credit, if duly presented together
with the documents specified at this office on or before the stated
d)................. date.
104
PART III
BUSINESS MANAGEMENT
105
UNIT 1
MANAGEMENT OF BUSINESS
ORGANIZATIONS
Objectives:
- supply information and legal terminology
- firm documents, management terminology and concepts
- different departments in a firm
106
person may be involved, but it will require careful consideration of the
circumstances.
Transnational or multinational enterprises are also subject of
international legal personality. They constitute private business organizations
comprising several legal entities linked together by parent corporations and
are distinguished by size and multinational spread.
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the death or bankruptcy of any one partner. This means that surviving
partners have to either buy his share or find a purchaser
acceptable to everyone. In such circumstances, therefore, the continuation of
the
business may involve great trouble and expense.
In Great Britain, the joint stock company type first developed in Tudor
times when foreign trade began to expand. The government, wishing to foster
such trade, often granted the promoters a charter, which enabled them to
form a company and to carry on trade in various parts of the world, usually in
a free form of competition. Two such companies were the East India Company
and the Hudson's Bay Company, still existing today.
Nevertheless, until the middle of the nineteenth century, people were
reluctant to take shares in such companies, as they enjoyed no limited
liabilities. But the industrial revolution made it essential that more capital
should be available to industry. Hence, in order to induce more savers to
invest, the privilege of limited liability was granted by statute in 1855.
The advantages that the most important form of a business organization
enjoys over the partnership are chiefly that there is limited liability, a larger
amount of capital can be raised, since investors can spread their risk and sell
their shares easily, and, should the need arise, expansion is much easier.
Against the advantages, however, certain disadvantages have to be
considered. The company's corporation tax could be more than the income tax
that would have been paid had the business remained as a sole partnership.
Furthermore, any assets of the company that have been built up over the
years will increase the value of the original shares (usually owned by a
family). When the time comes to wind up the company, e.g. owing to
retirement, any increase in the value of the shares will be subject to capital
gains tax.
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thousands of shareholders.
Its shares can be issued to the public and can be sold through the Stock
Exchange. A private company can "go public" and apply to the Stock Exchange
to be listed or quoted in order to become a public limited company. The
company will have to satisfy the council of the Stock Exchange that is soundly
based and a
reasonable investment for the public.
It is controlled by the Board of Directors, which is elected by the
shareholders. The Board manages the running of the firm that is obliged to
hold an Annual General Meeting to report to shareholders and elect directors.
The company uses its profits (after deduction of dividends) to finance
future investments. Capital may also be obtained by further share issues,
borrowing (often from international banking consortia) and from Government
granting loans.
1.1.3. Holding
The optimum technical unit of a business may be much smaller than the
optimum financial unit. The financial economies of scale can be achieved by
organizing a group of firms through a single "holding company", leaving the
individual subsidiaries to continue working in their own name as separate
technical units and retaining a great deal of independence of action.
Furthermore, having subsidiaries with diverse interests may secure a risk-
bearing economy.
However, while this theoretical justification for the formation of a
holding company may be valid, in practice such companies have been formed
in order to obtain controlling interests, often for monopoly purposes.
1.1.4. Joint Stock Company
This type of a company is organized on the agreement of two or more
parties to work on a project together. Frequently, it is formed when companies
with complementary technology wish to create a product or service that takes
advantage of the strengths of the participants. It is usually limited to a
project, differs from a partnership, which forms the basis for cooperation on
many projects.
1.2. Setting a company
Setting up of a company begins with lodging a Memorandum of
Association and the Charter of the company or Articles of Association with the
Registrar of Companies.
The Memorandum generally contains the following clauses stating:
- the name of the company and its logo; the company is free to choose its
name, within certain bounds. The Department of Trade will not allow a name
which is too similar to that used by an existing company, especially one in the
same type of business.
- the country in which the registered office (where the premises is situated)
- limitation clause: it shows whether the company is limited by shares or by
guarantee, as commercial companies are limited by shares, or non-profit
bodies, such as professional associations, are limited by guarantee.
- the objects for which the company was constituted; this states the type of
business that the company will undertake. This is to protect investors from
putting their money into a company which would then use it in a different
manner.
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- capital clause: it gives details about the amount of the authorized capital and
its division into shares and the different categories of shares
-association clause: includes the names of the founder members and the
number of shares they each subscribed
Lodged together with the Memorandum, The Articles of Association are
a contract between the company and its members comprising rules and
regulations for the internal activity of the company and specifying such things
as :
- the voting power of its members,-
- the appointment of directors,-
- the distribution of the profits, etc.
After the Memorandum and the Articles have been registered and the
necessary fees have been paid, the Registrar issues the Certificate of
Incorporation and the company can start doing business.
Here are the Governmental institutions that a company should be
registered with:
Notary Office
The Court of Commerce
The Registrar of Commerce
Tax/Fiscal Office
The Gazette
1.2.1. Structure of a business
In a small business, the few employees know their role as there is a
direct contact between the employer and the staff. As the business grows
larger, the need for formal written structure tends to emerge. The
organizational chart is drawn showing people in authority and those under
their supervision. Here you have an illustration of a company framework:
Board of
Directors
Managing
Director
1 Buying and
2
Marketing 3
Executive
Registrar
Section
6
Leaders
5
7 Audit
110 Credit Credit 8
Control Control
Financial decisions are crucial. The secret of success in financial
management is to increase value. The problem is how to do it. The financial
manager has two broad responsibilities: What investment should the firm
make? How should it pay those investments? The first involves spending
money; the second involves raising it.
Companies need an almost endless variety of real assets: tangible
(machinery, factories, offices): intangible, (technical expertise, trade marks,
patents). To obtain the necessary money, the company sells financial assets or
securities. Their value consists in their claim on the firm's real assets and the
cash they produce. If the company borrows money from the bank, the bank
has a financial asset that gives it a claim to a stream of interest payments and
to repayment of the loan. The company's real assets need to produce enough
cash to satisfy these claims. Financial assets include not only bank loans, but
also shares of stock, bonds, lease financing obligations, and so on.
The financial manager stands between the firm's operations and the
financial markets, referred at as sources where the investors hold the financial
assets issued by firms. He traces the flow of cash from investors to their firm
and back to investors again. The flow starts when securities are issued to raise
cash to purchase real assets to generate cash inflows later, to repay the initial
investment. The cash is then either reinvested or returned to the investors
who purchased the original security issue.
The shareholders are made better off by any financing decision of the
financial management that increases the value of their stake in the firm. A
good capital budgeting decision is one that results in the purchase of a real
asset that
makes a net contribution to value.
Financial decisions cannot be separated from financial markets either.
The financial manager must know whether the value of the firm would
increase through an issue of shares to stockholders. He must have considered
the interest rate on the loan and concluded that it was not too high. He must
also cope with time and uncertainty. The investment, if undertaken, may have
to be financed by debt that cannot be fully repaid for many years. The
financial manager has to decide whether the opportunity is worth more than
its costs and whether the debt burden can be safely borne.
The financial manager is anyone responsible for a significant corporate
investment or financing decision. But usually responsibility is spread out
throughout the firm. The engineer who designs a new production facility, the
marketing manager who commits to a major advertising campaign, but also
the top manager is, of course, continuously involved in financial decisions.
Nevertheless, there are managers specialized in finance: the treasurer -
the most directly responsible for obtaining financing, managing the firm's cash
accounts and its relationship with banks and often financial institutions in the
financial market, and making sure the firm meets its obligations to the
investors holding its securities.
Larger companies usually have a controller who checks that the money
is used efficiently. He manages budgeting, accounting, auditing. There can be
a chief financial officer appointed to oversee both the treasurer' and the
controller's work. He is involved in financial policy making and corporate
planning but he also can have managerial responsibilities beyond strictly
financial issues and may also be a member of the Board of Directors.
But the ultimate decision often rests by law or by custom with the Board
of Directors. Only the Board has the legal power to declare a dividend or to
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sanction a public issue of securities. Boards usually delegate decision-making
authority for
small or medium sized investment outlays, but the authority to approve large
investment is almost never delegated.
Financial
Firm's
markets
operation
Financial (investors
(a bundle
Manager holding
of real
financial
assets)
assets)
1.2.2. Stocks
Shares are products that enable their holders to participate in the
company's activities and benefit from its success or failure. The conditions for
ownership of shares can differ according to the rights they give the
shareholders. The risk involved in buying shares is linked to how the company
is expected to behave and, in particular, what its net profits are expected to
be.
Indicators have been created to relate predictions of the company's
behavior - the market price, by which we can assess the market's appraisal of
the company.
Shares are securities representing a public limited company's share
capital.
Each share represents a part of the company in the hands of the
shareholders. All shares represent equal parts into which the company's
capital is divided. All shares have the same par value. Shares are not divisible,
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though they can be issued in blocks of number of shares (5, 10, 50, 100, etc).
When a company is formed, i.e. when the Articles of Association and the
Memorandum of Association are drawn up, they define the classes of share
that can be issued.
The different classes of shares differ with regard to the rights they
confer on their holder. The main class in the generic type of share is the one
of ordinary shares.
Ordinary shares (normally referred to as just "shares") confer the right
to call a shareholders' meeting; to vote at the meetings, to elect and to be
elected to the company's bodies. The company's Articles of Association may,
however, establish the number of preferred shares a shareholder must have to
be entitled to vote. He receives new shares in the event of capitalization of
reserves and they are preferred in subscribing new shares when they are
issued to raise capital or in subscribing convertible bonds. Each shareholder is
entitled to subscribe the same number of shares as he already holds.
However, the shareholders' meeting that decides on the issue may limit or
suppress this right to preference. He is also free to transfer shares or to sell
his shares at will. This right is one of the ways of obtaining a return of the
investment, i.e. a gain from the favorable difference between the selling and
buying price.
The dividend is the return on shares. It represents a part of the
distributable profit that is paid on each share. This return is variable as it
depends on whether there are profits in each financial year and on whether
the Annual General Meeting agrees to their distribution (as proposed by the
Board of
Directors).
A company's dividend policy is represented by the percentage of the
profits generated by the company in a particular financial year that it decides
to
distribute to the shareholders.
The dividend is important because it represents a source of income for
the investor and it is an important indicator to current or potential investors of
the company's future profitability. It gives information on the company's
projected growth, thus influencing share prices.
The validity of ordinary shares is indefinite, i.e. it is not established in
advance. The shares exist as long as the company that issues them exists.
The secondary market is the only way shareholders have of getting back the
capital they invested, as they cannot demand a refund of their investment.
This is the main reason why shares are quoted on the stock exchange.
1.2.3. Bonds
Historically, bonds are institutionalized borrowings by governments or
business, with the date of repayment, and the annual rate of interest to be
paid meanwhile, fixed at the time of issue. There are irredeemable
government and corporate bonds, where the interest rate is fixed but no date
for repayment. There are floating rate bonds, where the interest rate paid is
related to the changing rate in the market. There are also zero coupon bonds
which pay no interest at all but which are issued at a price very much lower
than the repayment due on a particular date, so that income effectively takes
the form of capital gains. There are index-linked bonds, which pay a small or
no rate of interest but whose repayment, at some fixed date, includes
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compensation for the interim rise in the cost of living. There are convertible
bonds, which carry the
right of conversion into corporate equities.
The new economy based on the Internet should be called the "nude
economy" because the Internet makes it more transparent and exposed. The
Internet makes it easier for buyers and sellers to compare prices. It cuts out
the middleman between firms and customers and it reduces transactions
costs. That's why more than 25% of American share market now take place
via Internet. Yet the e-bond market hasn't reached such an extent. The
potential for electronic bonds trading seems to be less than in on-line futures
and options. A reason for this might be that individual investors aren't as
interested in bonds as they are on shares, because unlike some share prices,
bond prices rarely double in 12 months. Moreover, bonds are much less liquid
than shares. Investors, such as insurance companies that hold them to
maturity, often buy them. However, these things can change. There is a
serious talk that the bond market may soon become as automated and real as
that for equities. This change is possible because of the innovation that will
soon activate the 1st "Bond Connect" trading system. This will allow the
institutional investors that dominate the bond equity to trade directly with
each other through a sophisticated order-matching system operated under the
auspices of a Stock Exchange. The institution will be able to put large black
trade orders into the system safe in the knowledge that no information about
their intention will leak into the market before the order has been executed.
This should allow them to get a much better price.
Many recent issues of e-bonds allow brokers to trade more efficiently
with each other but do not provide access to their customers. Electronic
trading has the potential greatly to enhance the efficiency on the bond market.
1.3. Money Matter, Banking and Financial
Markets
For thousands of years, gold was the ultimate money. It could buy
anything including hearts. It was wealth and power to be sure, but it was also
enchantment, with a special luster and reassuring weight and feel. The lure of
gold drove ships across stormy seas and explorers across rugged mountains to
places as remote as Canada's Klondike region near the Arctic Circle.
Gold isn't used as money any more. It still glitters, but it's treated more
like soybeans or pork bellies than a ransom fit for a king.
Money didn't exist in ancient times, so people had to trade with each
other - or barter - to obtain the items they wanted. The first trades were
probably animal skins for grain, or cotton for livestock.
But these exchanges were cumbersome, and some common
commodities, such as grains, started to assume the role of money. In early
Egypt, for example, barley, an important source of food, became the accepted
means of payment for goods and services.
By 700 B.C., though, the Egyptians had abandoned barley and adopted
gold as their primary instrument of exchange. A rare and beautiful metal, gold
had become the universal symbol of wealth and power. And, being portable
and durable, it was an ideal form of money.
By the 15th century trade and commerce had expanded tremendously.
When King Croesus of ancient Lydia (now Western Turkey) had gained control
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of Asia's richest gold mines for the Persian Empire, he wanted others to
recognize his newfound power and ordered the first gold coin to be made.
Bearing the image of a lion and a bull, the coin became the standard of
exchange for all trade and commerce.
A need appeared for a new, less cumbersome system of making
payments. The goldsmiths met this need. Their system worked this way:
people would deposit their gold coins at their local goldsmith's. In return, the
goldsmiths would give them a receipt. Eventually, the receipt began to
circulate as money because they could always be redeemed for the gold itself.
Gradually, countries came to adopt a form of the goldsmith's system.
Their governments printed currency and backed it up with gold they held in
official reserves. And so the "gold standard" for currencies was born. One of
the first countries to adopt the gold standard was Great Britain in 1916. It
made its currency the pound, equal in value to an ounce of gold. Then Coinage
Act of 1792 first put the young American nation on a "bimetallic standard",
backing the dollar, which was a coin at the time, with both gold and silver.
With the world at war, for the first time, people were seeking security,
and thus started exchanging their currency for gold. But governments soon
saw their reserves run seriously low, as a result. By 1914 most countries,
except the United States, abandoned the gold standard to protect their
reserves.
By the mid 1930's, practically all the major nations had abandoned the
gold exchange standard. Governments would accumulate dollars that they
could redeem for gold at the U.S. Treasury.
Of course, gold will always be the metal of choice for the jet-set, who
like to adorn their homes with gold-leaf sinks, bathrooms and picture frames.
Today, gold can be bought and sold in several different forms: coins,
bullion or perhaps just as paper claim to the metal.
There are two types of gold coins: bullion coins and numismatic.
Countries produce the bullion coins as legal tender, which means they can be
spent as money. Prices are based on the local gold price in London (The
"London Fix").
Numismatic gold coins no longer circulate as money. Their value derives
more from their condition and rarity than their actual gold content.
Many investors hold paper claims to gold in the form of future contracts.
These contracts are nothing more than a commitment to buy or sell gold at a
future time at a pre-agreed price. Typically, the buyer and seller meet at a
commodity exchange to work out future contracts.
Today gold has assumed the role of a commodity such as wheat or
cotton. And like any other commodity, its price is determined in a free market
by the forces of supply and demand.
What will make money what it is? Partly we will determine it by statutes
declaring that certain pieces of paper and metal produced by government will
be money. These notes and coins we call will be "legal tender" and you'll have
to accept them as payment in full for any transaction.
However, part of what we regard as money will be determined by
custom. If you think about how much money (as distinct from wealth) you
have, you won't consider only your holdings or cash and coin - you'll include
deposits you have in your bank.
Whether it's cash or bank deposits, money is an asset for you and
simultaneously a debt for either the bank or the government. That's why credit
cards will be not considered money, but tangible proof that you've been
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granted a line of credit (a loan up to a predetermined amount which you can
decide to activate). Because they represent a debt for, not an asset they will
never be money.
Since January 1st, 1999 the euro has been operating as a recognized
currency on the world markets and has been widely used, especially by
commercial banks and other companies, in non-cash payment transactions. On
January 2002 the euro banknotes and coin will be put into circulation. Their
design and production was, from the outset, planned as a cooperative venture
of the European Union. The graphic symbol of the euro was inspired by the
Greek letter epsilon and refers to the first letter of the word Europe. The
parallel lines represent the stability of the euro. The official abbreviation for
the euro has been
registered with the International Organization for Standardization ISO.
The euro banknotes depict the architectural styles of seven periods in
European cultural history Classical, Romanesque, Gothic, Renaissance,
Baroque and Rococo, the age of iron and glass architecture, and the modern
20th century architecture and emphasize three main architectural elements -
windows, gateways, and bridges. The windows and gateways on the front of
each banknote symbolize the spirit of openness and cooperation in Europe.
The 12 stars of the European Union are also featured, representing the
dynamism and harmony of the contemporary Europe. The reverse of each
banknote features a bridge typical of the respective age of European cultural
development. These bridges range from early constructions to the
sophisticated suspension bridges on the modern era and are used as a
metaphor for communication among the people of Europe as well as between
Europe and the rest of the world.
The European System of Central Banks became operational and is
responsible for framing and implementing the single monetary and exchange
rate policy (setting short-term interest rates in euro). The participating
national currencies will no longer be listed on the foreign exchange markets.
As far as banks and large firms are concerned, the transition to the
single currency began chiefly via the single monetary and exchange rate
policy, the capital and the associated settlement systems. Banks draw up their
customers' account statements in both euro and national currency. They take
advantage of the time available in order to inform their customers of the
consequences of the switch to the single currency for their financial
transactions. They step up their staff training efforts to prepare for the
changeover and can also offer certain products in euro, legal and technical
constraints permitting.
Consumers continue to use chiefly their own national currency because
euro banknotes and coins are not yet available. Public demand can, however,
swiftly prompt some banks or firms to offer services in euro.
The gradual introduction of dual pricing of goods and services enables
consumers to get used to the single currency. By developing a "feel" for prices
in the single currency and learning to convert national currencies into euro at
a fixed rate, they thus realize that they do not stand to lose from the
introduction of the single currency.
1. He explains that the balance sheet will be the main document showing the
estate of our business.
2. He says that the new service will enable customers to make payments from
their accounts by credit transfer.
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3. He learns that the process of globalization that enables investment in
financial markets will be carried out on an international basis.
4. They are sure that the goodwill of their company will become a saleable
asset.
5. He declares that he will calculate again his gross income.
6. The shop assistant assures us that he will bring any items made of gold,
silver or platinum, stamped with hallmark.
7 The general manager promises to keep a house journal for all the employees
to inform them about the policy of the company.
8. He explained that the wages of the employees would reflect partly a return
of the human capital for the future.
9. The wholesaler pretends that he will be allowed goods according to the
import license.
10. The politicians pretend that indexation policy will mitigate the effects of
inflation.
1.3.1. Functions of money
The use of money as a medium of exchange makes possible a great
extension of the principle of specialization. In an advanced society the use of
money allows to exchange hours of labor for an amazing variety of goods and
services: two weeks' labor for a holiday abroad just as easily as we can
exchange it for a piece of furniture or a year's rent on a flat. Such exchanges
are taken for granted yet they would be inconceivable without the use of
money.
The first step in the use of money was probably the adoption of some
commodity as a unit of account or measure of value. Money, most likely, came
into use within the barter system as a means whereby the values of different
goods could be compared. The direct exchange of goods for goods raise all
sorts of problems regarding valuation: "How many bushels of corn are equal in
volume to one sheep, if twenty sheep exchange for three cows and one cow
exchanges for ten bushels of corn? This problem of exchange rates is easily
solved when all other commodities are valued in terms of a single commodity
which then acts as a standard of value. Money now serves as such a standard
and when all economic goods are given money values (i.e. prices), we know
immediately, the value of one commodity in terms of any other commodity.
Once a commodity becomes universally acceptable, in exchange for
goods and services, it is possible to store wealth by holding stock of this
commodity. It is a great convenience to hold wealth in the form of money.
Consider the problems of holding wealth in the form of some other
commodity, say wheat. It may deteriorate, it is costly to store, it must be
insured, and there will be significant handling costs in accumulating and
distributing it. In addition, its money value may fall while it is being stored.
The form of money has become very apparent in recent years - during periods
of inflation when the exchange value falls.
An important function of money in the modern world, where so much
business is concluded on the basis of credit, is to serve as a means of deferred
payment. When goods are supplied on credit, the buyer has immediate use of
the goods, but she does not have to make an immediate payment. He can pay
for them, 3, or perhaps 6 months after delivery. In the case of hire purchase
contracts, the buyer takes immediate delivery but pays by means of
installments spread over 1, 2, or 3 years.
A complex trading organization based on a system of credit can only
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operate in a monetary economy. A seller would be most unlikely to accept any
promise to pay in the future that was expressed in terms of a commodity
other than money. It will have no idea how much of that commodity it will
need in the future and if it does not want it, it will be faced with the trouble
and risks involved in selling it. It is prepared to accept promises to pay in
terms of money, because, whatever the patterns of the future be, they can be
satisfied if it has money.
1.3.2. Banking
Commercial banks borrow money from the public, crediting them with
deposits of money. The deposit is a liability of the bank that is money owned
to depositors. In turn, banks lend money to firms, households or governments
wishing to borrow.
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UNIT 2.
PRODUCTS, SERVICES, TRADE MARKS and
BRANDS
Objectives:
- get familiarized with specific terminology and concepts
In the end of the Second World War, a new economic era began. The
production systems of the countries that had been at war had been destroyed,
and in 1945 they began an enormous effort to recover.
Today we can see the development of a wave of social change – the
third wave – which at the end of the war set in motion. Change is happening
so fast that all organizations, and especially companies, have to adapt
constantly. The improvement in people’s standard of living, the development
of new technology and the growing pressure of demand are a challenge which
must be met.
Thus, no company can look-in on itself as companies used to do in the
past. A company cannot ignore the world around: it must become an open
system in constant intercourse with the society. In order to survive, then, the
company must adopt a strategy of openness towards society in which it
operates. This strategy will determine the existence of exchanges (flows) with
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a variety of entities. Of course, this opening to the outside requires a type of
management which will always be aware of the large variety of exchanges
generated: adaptive management that opens the company to the outside and
uses the so-called “instrumental cycle” as an important technique.
The instrumental cycle defines three sequential and interactive aspects
of decision-making:
- Planning, which consists of identifying the means the company has at
its disposal, looking for the best opportunities and the best way to take
advantage of them. –
- Organization which consists of the means by which the company puts
its planning process into practice.
- Control which makes it possible to assess the results obtained and
compare them with the results required.
Historically speaking, however, this change has taken place gradually.
Company slowly began to realise the need to open up to the market. This
evolution is normally considered to have four stages:
- production
- sales
- marketing
- social marketing
At the beginning of the century there was the first major explosion of
demand. This increase in demand naturally caused companies to expand a
great deal. It was the age in which mass production reached its height. As
demand was high, the entrepreneur made decision on the basis of the
company’s interests and internal information. No one was concerned with the
market as any product sold as long it was reasonably priced and of minimum
quality. So the main concern was production.
In October 1929, a deep crisis beset the economy of the USA. This crisis
had repercussions all over the world. The thirties began under the shadow of
economic depression. Faced with difficulties from the point of view of demand,
companies had to try a new course of action. It was no longer enough just to
produce; production had to be sold as well; the customer had to be pushed
into buying.
What had to be done to increase sales?
Well, companies improved their manufacturing process, tried to
reach new markets and included psychology in the training of salesmen.
Competition increased and, with it, efforts were now begun to analyze the
market and set up distribution systems.
Around the fifties, after the end of the Second World War, a new
company consciousness began to develop. While in the preceding period
attention was paid mainly to the company’s need to sell, in this stage they
began thought to the customer’s needs. This is the so called “marketing
attitude”. For the first time, there was market research and studies,
production planning, concern about determining prices, advertising campaign.
The emphasis was now on identifying the market’s needs and values and
adapting the company to them to ensure its success.
More recently, the social outlook of the company has to led
marketing to concern itself with the more profound interests of the consumer
and society. Concern of an ethical nature has begun to appear.
Products and services are not an end to themselves but a means to
towards satisfying the customers’ wants and needs. That leads to the
marketing concept that is a programme to be completed. To achieve this, the
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concept is accompanied by two of its basic components: integrated marketing
and marketing management.
The first one is merely the transmission of the marketing concept to the
whole company. At a bank, for example, it means that all the departments
recognize the effects of their actions on attracting and keeping customers.
Marketing management is the analysis, planning, activation and control of the
programme, designed to find out to satisfy the wants and needs of the
markets in question, while bearing in mind the company; and marketing
management is the development of the work needed to put it into practice.
XII. Listen to the cassette, fill in the blanks, then translate and learn
the unknown words:
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are already around busy buying up purse around the world, by taking
controlling stakes in the domain, or absorbing e-cash technologies.
But if the history of credit cards is a guide, no more than two or three of
the smart-card schemes are ________ to win global acceptance.
Forms of money:
Choose the correct word to complete the sentences:
1. The pound, the dollar and the leu are called _________
a) cash; b) monies; c) reserves.
2) The currency that is used in a foreign country is called _______
a) money; b) cash; c) foreign currency.
3) Money that you borrow from a commercial bank is called ________
a) capital; b) loan; c) subsidy.
4. Money in notes and coins is called _________
a) monies; b) capital; c) cash.
5) The whole amount of money received by a company or a person is called
_________
a) income; b) wages; c) salary.
6. The money that you have to receive back when the price is lower than the
denomination of the banknote you give to the shop assistant is called
___________
a) cash; b) compensation; c) change.
7. Money earned by someone for a month's (professional) work is called
_________
a) income; b)wages; c) salary.
8) A manual worker receives __________
a) income; b) wages; c) salary.
9). Retired persons receive ____________
a) pension; b) aid; c) subsidy.
10) When setting a new company you need ___________
a) loan; b) fund; c) capital.
11) You pay a loan to a bank regularly in _____________
a) a) fee; b) income; c) installment.
12. You pay a ___________ to doctors, lawyers, private schools
a) revenue; b) fee; c) capital.
13) Producers are sometimes helped to sell cheaper through ________
a) loans; b) reserves; c) subsidy.
14) A person can have a part of a business called _________
a) deposit; b) budget; c) stake.
15) Money kept in a ____________ for paying pensions is called _______
a) fund; b) deposit; c) budget.
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EXERCISES
I. Choose the best alternative to complete each sentence:
1. You must keep staff _________ especially when things get difficult.
a) generated; b) motivated; c) frustrated; d) electrified
2. Weigh up the _________of each alternative before deciding.
a) checks and balance b) assets c) pros and cons; d) profits
3. A good manager must be able to handle _________situations.
a) sensible b) impressive c) touching d) touchy
4. De decided to let things_________so he dropped the subject until later.
a) freeze b) ice over c) cool down d) flare up
5. She ______creating a better atmosphere amongst the staff.
a) set about b) set off c) set out d) set down
6) We need to have ___________arrangements in case things don’t work out.
a) container b) contingency c) consolidated d) consecutive
7) In a meeting you must stop people talking at __________purposes
a) opposite b) angry c) cross d) opposing
8. Why doesn’t he stick to the point? He’s always going off___________
a) at an angle b) at a tangent c) by the way d) on the side
9. It’s always difficult when a team is working________a deadline.
a) in b) at c) to d) opposite
10. Try to ensure that each employee’s _________is not too great.
a) workload b) working practice d) work-to-rule d) working party
11. Those who can’t manage their time efficiently always have high
stress______
a) grades b) standards c) performances d) levels
12. The more responsibilities she _________, the more mistakes she made.
a) took off b) took on c) took down d) took out
13. I hope the project continues to run as__________ as it has so far.
a) calmly b) confidently c) smoothly d) wisely
14. After _______ many unforeseen obstacles they just managed to meet
their deadline
a) overtaking b) overcoming c) overwhelming d) overriding
15. What can you do to improve__________in this department?
a) morale b) mortality c) moral d) temperament
III. Fill in the blanks the following missing words: 1. money; 2. rules,
3. competition; 4. need; 5. share; 6. abundance; 7. amount; 8. specific;
9. demanding; 10. effectively; 11. marketing
Marketing begins with the consumer a)_________need. Something is
produced in response to that need. In a marketing society, the consumer
b)__________. Marketing societies have produced a great c)_________ and
variety of consumer goods. They have done this by means of d)_________.
Each producer competes with every other producer for a e)_________ of the
market. The market is people who have f)_________ and are ready to spend.
But consumers have a finite g)________ of money to spend. They will buy
only what they want and need. As a nation becomes more developed,
consumers become more h)___________. Their needs become more
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i)_________specific, and they want products that satisfy their changing
needs. Only those producers who compete j)___________ will sell their
products and survive. Successful producers are guided by the k)__________
concept: respond to consumers’ needs and wants.
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lichidare, cât şi în operaţiunile comerciale de vânzare sau achiziţie de bunuri şi
servicii. Licitaţiile se organizează atât pentru societăţi comerciale private cât şi
pentru societăţi la care statul sau o autoritate publică este acţionar.
Tranzacţionarea mărfurilor are loc în ringul bursier prin sistemul strigării
libere. Reprezentanţii vânzătorilor şi ai cumpărătorilor se întâlnesc faţă în faţă
şi negociază liber preţul. Avantajele pieţei fizice organizate în ringul BRM sunt:
transparenţa, tranzacţiilor, corectitudinea acestora, comisioane mici, utilizarea
informaţiilor în timp real.
B. Mecanismul ce oferă posibilitatea transferului de risc la care sunt
supuşi producătorii şi angrosiştii se numeşte în termeni bursieri hedging.
Activitatea de hedging implică decizii importante care necesită participarea la
tranzacţii prin intermediul unui broker. Pentru început, se depune o sumă care
reprezinte o garanţie pentru o execuţie corespunzătoare şi pentru eventualele
pierderi pe piaţa futures. Dacă acţionaţi short (vânzare) poziţia
dumneavoastră se îmbunătăţeşte când preţurile scad sub preţul
dumneavoastră de vânzare şi se înrăutăţeşte atunci când preţul creşte peste
preţul de vânzare. Dacă acţionaţi long (cumpărare) pe piaţa futures, poziţia
dumneavoastră se îmbunătăţeşte cînd preţurile cresc peste preţurile
dumneavoastră de cumpărare şi invers. Short hedge are loc atunci când
planifici să cumperi o marfă şi doreşti să te protejezi împotriva scăderii
preţurilor. Atunci vinzi contracte futures şi când vei fi gata să tranzacţionezi
marfa, vei cumpăra contractele futures şi vei vinde simultan, de exemplu,
cereale. Short hedge protejează vânzătorul împotriva scăderii preţurilor.
Vânzând contracte futures puteţi fixa un preţ pentru marfa dumneavoastră şi
veţi completa operaţiunea prin răscumpărarea contractelor futures şi vânzarea
simultană a mărfii pe piaţa cash.
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UNIT 3
ADVERTISING
Objectives:
- get familiarised with specific
terminology and concepts
-
Because oral skills developed before reading and writing did, it is only
natural that the earliest advertising medium was the spoken word. There is
evidence that criers and hawkers were shouting their wares as far back as the
days of the early Greeks, Romans and Phoenicians. This primitive advertising
refined over centuries, has carried down to the present day. Although hawkers
do not often roam the streets with their cries, they have entered the home to
make their pleas on radio and television.
Before long, competition and the need for identification necessitated
signs. Signs used identifying shops, with such appropriate illustrations as a
goat (for a diary) or a mule driving a mill (for a baker), were unearthed in the
ruins of Pompeii. (At the door of a schoolmaster there was a sign depicting a
boy receiving a whipping!). There is also evidence of announcements painted
on walls during this period. These included notices for theatrical performances,
sports and gladiatorial exhibitions, advertisements of houses for rent, and
appeals to tourists to visit the local taverns. Perhaps the first written
advertisement, however, was this three-thousand-year-old one inscribed on
papyrus and found by an archeologist in the ruins of Thebes:
“The slave, Shem, having run away from his good master, Hapu the
Weaver, all good citizens of Thebes are asked to help return him. He is Hittite,
5’2” tall, of ruddy complexion and brown eyes. For news of his whereabouts,
half a gold coin is offered. For his return to the shop of Hapu the Weaver,
where the best cloth is woven to your desire, a whole gold coin is offered.
There is no doubt that advertising flourished in this period, but with the
fall of the Roman Empire and the onset of the Dark Ages, advertising
temporarily declined in importance to Western civilization.
Perhaps the oldest relic of advertising among English-speaking people is
family names referring to the various specialized crafts. The earliest of these
designations was Smith. Names like Miller, Weaver, Wright, Tailor and
Carpenter were the earliest means of product identification- the forerunner of
the brand name so essential to modern advertising.
One of the most significant events in the development of advertising
was the invention of a system of casting movable type by the German,
Jonathan Gutenberg, in 1438. Paper had been invented more than a thousand
years earlier by the Chinese and was introduced to Europe by the Turks in the
twelfth century. Now all the necessary components were available for mass
printing. At the same time, literacy was increasing. William Caxton, an early
English printer, made advertising history in 1478 when he printed a handbill
now regarded as the first known printed English advertisement. It advertised a
book he had printed, the Salisburi Pye, rules for the clergy at Easter. The
advertisement read:
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If it please ony man spirituel or temporel to bye ony pyes of two and
thre comemoracios of Salisburi use enpryntid after the forme of this present
letter whiche ben wel and truly correct, late hym come to Westmonester in the
almonstrye at the reed pale and he shal have them good chepe.
The Latin phrase at the end translates “Let this notice stand”.
“Advertising”, 4th edition, Mandell (Prentice Hall)
ADVERTISING IS COMMUNICATION
Advertisement goals are measurable and limited to a certain length of
time, usually one year. Sales are usually the only measurement of advertising
effectiveness. But sales depend on a lot of other factors. When advertising,
communication are directed to a target audience through information about
the company and the product. The information creates the readiness to buy
the product.
The final goal of all advertising is to have consumers use the goods or
services advertised. In order to reach the advertising goals, there are stages
that precede action of buying.
The consumer must become aware that the product or service exists,
then understand what the product is and its benefits. The last step is to make
him decide to buy and to use the product or the service.
The buyer behavior model uses the language of computers to
summarise the decision process. The consumer admits the need he wants to
meet. The need motivates action, the search for ways to satisfy it. The search
narrows to a specific product. Then the consumer becomes aware of it, but it
lacks information about it. The information and risk of purchasing come under
his consideration. The consumer decides whether to buy the product. If
satisfied, he or she may decide to use it regularly. If not, he begins to search
again.
ADVERTSING MEDIA
Print media deals with the use of space in newspapers, magazines,
reviews, etc. It has four elements: illustration, headline, copy block (body
copy or text) and logotype. Its main function is to provide news and
information.
Space in printed ads is 60-70% dominated by illustrations, usually with
a single focus. Effective illustrations vary in form and content but they have
several common characteristics meant to catch the attention of a target
audience. Good illustrations should convey the basic relevant idea of
advertisement more directly and dramatically than words.
Photographs are considered more effective by far as they bring realism,
immediacy, they are less expensive to complete and more adaptable. Colour is
usually used to better motivate. Stimulating and warm colours are red, yellow
and orange, while green and blue are cool and relaxing. Some of them have
symbolic meanings according to each nation culture: dark brown is masculine,
pastels are feminine, purple, deep red and gold are royal and express quality,
etc
Illustrations may represent the product itself, the package or the
product in use to demonstrate its benefit. It may also dramatize a situation, or
it may have no content but create a relevant impression.
Headlines are meant to draw the attention of the reader and are usually
printed in larger type letters than the body of the advertisement itself, or
Capital letters. Headlines can also draw the reader’s attention by the use of
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small letters, italics or punctuation marks, such as quotations, question or
exclamatory marks. It is advisable they be short, using only one to six words
in a single line so that the reader can easily grasp the idea at one glance. Its
message should apply to a
specific characteristic of the product or service advertised, not to others in the
same category. It is highly recommended that it should be closely related to
the text and photograph, being active in both form and content.
Specialized research recommend that the Body copy uses less than 20%
of the total add space. Its major function is to satisfy curiosity and stress
instructions in a clear, concise and personal way. In the end it suggests
action: where to find the product or the service advertised its price.
Logo represents the name and the symbol of a company, store, and
brand. It is meant to be recognizable in print advertisements. It uses little
space.
The arrangement of elements on the page is the concern of the person
who makes the design of the print advertisement. They must work together in
content in a logical and aesthetical form. A good design will focus usually on
the illustration or on the headline, giving the reader a starting point and
leading him into the very message of the advertisement. The elements of the
design should follow a natural flow.
Broadcast Media differs substantially from print media because its
message is intangible, it exists in time only. Its major function is to provide
entertainment. A radio or TV station’s number of potential listeners or viewers
is its coverage.
Radio provides ready-made target markets, for local and spot
advertising. A spot is one unit of air time. Radio time is classified by day parts:
two drive times, housewife time, weekend time, and evening time. On radio
advertising interrupts, that is both strength and weakness at the same time,
an attention-getting device but also as a source of irritation. Sound effects and
music are attention-getters too. Radio gave birth to the jingle once, a rhyme
set to music, which is still a common type of radio commercial. The narrative
commercial is usually in the form of a humorous dialogue, under the form of
celebrity testimonials about the value of a specific brand. The celebrity claims
personal use of the product and satisfaction with it.
The interview commercial, either with a legitimate customer, or
humorously, with a pretend one, usually involves listener’s imagination and
support the product concept.
Effective radio advertising must comply with the listener’s
expectations. The commercial has the function of informing the consumers
about the product or service and its benefits but also it entertains him through
music, sound effects and humour.
Repetition of the brand name makes the listener remember it, and
natural, conversational language work best in helping him to visualize the
product and package.
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The TV advertisers use several tools for making their
advertisements efficient. One of them is the time of the day (time for reach
men is Saturday and Sunday afternoons, children Saturday mornings,
teenagers the late fringe period on Friday and Saturday nights, etc). Another
tool is the selection of certain programs offering opportunities to advertisers
(sports championship, multiepisode dramas, etc). The TV advertisement
guidelines are similar to the
Radio ones: they focus on an idea that is reinforced audioly and visually.
The advantage of showing action, keeps the viewers’ attention alive, and they
feel that they are watching a story: how to do something, or how something
works. The demonstration is a solution which is solved by the use of the
product advertised, involving the consumer in a real life attitude.
EXERCISES:
I. Fill in the blanks the missing words: 1. strategy; 2. similar; 3.
feature; 4. persuasive; 5. reason; 6. potential; 7. brand; 8. form; 9.
objectives, 10. value; 11. consumers; 12. motivation.
II Make the following statements True or False after reading the text:
Promotion is one of the four components of any marketing strategy, the
other three being product, place and price. Promotion itself is also considered
to
comprise four elements: advertising, personal selling, sales promotion and
public relations. Industries and organizations vary greatly with respect to the
relative instance they place on the different elements in the promotion mix.
For instance, in the cosmetics world Avon Products Inc. emphasizes personal
selling while Revlon Inc. emphasizes advertising.
In declining whether to buy or make regular use of a product, a
prospective buyer moves through five stages: awareness, interest, evaluation,
trial, and adoption. Promotion seeks to move prospective buyers through this
process by informing, reminding, and persuading customers about an
organization and its products.
It is important to keep in mind that elements in the promotion mix must
be coordinated and linked together in such a way that they will complement
and reinforce each other’s impact on a potential customer. Each of the
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elements can play a particular role in achieving the promotion objective. For
example, advertising may be the best way to create awareness of a new
product, while sales promotions such as free samples may be effective and
encouraging trial of
the product. Answering prospective buyers’ queries, however, requires
personal selling. The relative importance of the promotion mix elements can
vary over and certain forms of advertising or sales promotion may come in
and out of vogue.
1. Marketing strategy comprises promotion, product, place and price. T/F
2. Advertising, personal selling, sales promotion, public relations are
comprised in promotion activity…….…………………………………........................
……………..T/F
3. Awareness, interest, evaluation, trial, adoption are the four stages of
prospective buyer evaluation when declining whether to buy or not...…….T/F
4. Informing, reminding and persuading customers about products they are
aware of, represent an important strategy of advertisement………………..…..T/F
5. Promotion mix will complement and reinforce each other’s impact on
personal selling…………………………………………………………………..........................
………..….T/F
6. Sales promotion may be effective and encouraging to create awareness of a
product…………………………………………………………………............................………..T/F
7. Personal selling is required for answering prospective buyer’s queries……T/F
8. Forms of advertising and promotion may come in and out of vogue…….…T/F
III. Look into the dictionary for the specific terminology: and make
sentences of your own:
A: price-cuts; free gifts; coupons; samples; cash rebates (money-refund
offers) premiums; Consumer contests; consumer sweepstakes, additional
product deals; trading stamps; consumer exhibitions
B. sales meetings; sales contests; point-of-purchase display; trade shows;
store demonstrations; special services; dealer contests and premiums; dealer
salespeople incentives
IV. Choose the best alternative to complete the sentences:
1. The task of the public relations department is to project the
right___________for the company.
a) painting b) image c) picture d) drawing
2. When the product was launched they issued a press _________to all
the news agencies.
a) escape b) issue c) release d) promotion
3.According to the code of practice, a public relations officer should not
knowingly______________false information.
a) disseminate b) dissociate c) dispose d) dissolve
4. Some companies entertain journalists more __________than others.
a) lasciviously b) largely c) leniently d) lvisly
5. The use of such things as logos and colour__________helps to maintain a
corporate identity.
a) schemes b) systems c) styles d) fashions
6. We need to liaise more with politicians and___________ servants if we
want the government to agree to our plans.
a) official b) polite c) civil d) civilian
7. $2000,000 was _____________for the official opening of the new store.
a) set aside b) brought about c) set off d) laid up
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8. Sponsorship can be an effective way of promoting____________towards an
organization.
a) will b) goodwill c) willingness d) goodness
9. At a press reception don’t _____________guests with irrelevant material.
a) overload b) override c) overtake d)
overcompensate
10. The reception must be held at a convenient______________with good
transport and parking facilities.
a) revue b) venue c) view d)
venture
11. When making a presentation to a relatively small ____________an
overhead projector can be invaluable.
a) asistance b) spectator c) audience d) congregation
12. Within a large organisation a well-designed___________-journal is an
effective method of communication.
a) in-house b) home c) household d) plant
13. Participating in local events, such as carnivals, is a good way of developing
__________relations.
a) common b) commonplace c) communal d) community
14. We used every __________of communication to get our message across.
) flow b) stream c) channel d) canal
15. We have to highlight our strengths and __________any weaknesses.
a) play up b) think through c) play down d) talk
back
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h) a unique phrase identified with a company or brand
i) Any word or symbol that identifies the maker of a product. It I
protected by law.
j) A name, a sign, symbol, design, term or combination of these that
differentiate on company’s products from another’s., one
manufacturer’s product, so distinguished from others in the category.
k) The advertising agency department that oversees all work on copy and
illustrations
l) Where a television commercial takes place
m) A person who writes the words for print advertising and broadcast
commercials
n) Dividing the market into homogenous subgroups for the purpose of
o) making marketing more efficient by focusing on appropriate target
markets.
p) The deadline for submitting finished advertising to the media
q) A broadcast advertisement
r) one unit of air time
EXERCISES
I. Match the missing words: 1. finance; 2. future; 3. profit; 4.
securities; 5. allocate; 6. commercial; 7. activity; 8. corporation.
A company must allocate its available funds among various uses based
on financial plans. Such plans assume that the funds spent will produce
sufficient profit in order to pay interest on debt capital and to earn a
satisfactory income on their equity capital. Another task of business finance is
the management of a company’s surplus funds. These are usually invested in
commercial paper or in short-term notes or bills that pay interest. Proper
analysis and planning are necessary to assure that the funds will be available
where they are needed in the business at a future date.
Stock markets or exchanges are associations of brokers and dealers in
securities who conduct business together. They facilitate the financing of
business and government activity by bringing together the buyers and sellers
of stocks and bonds. A corporation creates (“issues”) shares of stock to
represent ownership claims in the corporation. Stockholders know that the
value of their stock will fluctuate with the value of the assets owned by the
corporation and with the business prospects of its operations.
II. The work of the wholesaler consists of buying goods from the
manufacturer and selling them in small quantities to retailers
according to their requirements. The retailer performs the last stage
of the productive process, for it is he who puts the goods in the hands
of the actual consumer. They both perform valuable functions which
justify their existence in the chain of distribution. Separate their
functions:
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b) Manufacturers abroad could the good is not in stock, he
rerely be bothered to ship will order it, and in other
small parcels to individual matters where contact with
retailers or to undertake the the manufacturer is necessary,
foreign currency the seller will often act for the
transactions involved. These customer. Thus goods are
tasks are left to a wholealer, returned to the manufacturer
the import merchant who is for repair, or he himslf mai
known and trusted. Often maintain a repair service.
the import merchant goes g) They take the goods to where
abroad to establish and it is most convenient for an
develop trade connections. easy reach of the customer.
c) Customers like the They are congregated together
convenience of being able to in the centre of most towns,
obtain a good at a shop just though, with goods such as
when they require it. But groceries which are in
such ready service means everyday use, small shops are
holding stocks. Often, often dotted around rsidential
however, the retailer has districts. Where customers are
neither the facilities nor the very dispersed, as in the
financial reserves to do this. country districts, the seller
So he leaves it to the may have „travelling shop” of
wholesaler, knowing that, some form or another.
should there be a sudden h) He often advises the
run of good, he can quickly manufacturer, particularly as
obtain supplies from him. regards advertising and
d) With many products, marketing the product. He
particularly vehicles and himself can advertise,
machinery, the especially if the good is being
manufacturers insist that imported from abroad.
the wholesaler provides an Moreover, he acts as a channel
efficient maintenance of information to and from
service, such as minor retailers.
repairs, periodic overhauls i) What is the „right good”
and carrying a range or depends on the customer, for
spare parts. In this way different people have different
both the manufacturer and tastes, and what suits one
the customer benefit. The may be undesirable to
former can guarantee another. Thus having the
quality of „right good” depends largely
e) service and thereby on stocking different varieties
preserves the reputation of of the good so that each
his product, while the latter customer can make his or her
knows that his machines own choice, pay for it, and
can be repaired quickly and take delivery there and then.
efficiently by a local agent. j) He maintains close contact
f) In the course of his main with his customers. From them
business, the seller he discovers, either through a
performs many services for chance remark in the course of
the convenience of the converation or by direct
customers, all of which help suggestion, how a good could
to build up goodwill. Where be improved or what type of
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good people would like. This eventually the modification or
information finds its way to the new good will be
the manufacturer, who will produced.
probably act upon, and
III. Match the following types of retail outlets with their description:
1. independents; 2. Multiples; 3. Supermarkets; 4. Hypermarkets; 5.
Department Stores; 6. Co-operatives; 7. Mail-Order.
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years. To date, electronic commerce has been inhibited by high costs and
complexity and the lack of standard applications for viewing and shareing
b)_________ once connected. The Internet, specifically the World Wide Web,
has changed this scenario radically. Connectivity over the Internet is cheap,
increasingly secure and built on standards which make c)___________ with
anyone a straight forward task. Now, Internet commerce - the
d)_______________ of goods and services for value on Internet – is evolving
into a more cost-effective and powerful way to do business.
Business-to-business-commerce includes online e)__________, where
business sell goods and services to other businesses on the Web. In Internet-
based corporate f)___________, wholesaling merges into a system where
individual employees make purchases of office materials and supplies using
the corporate supply chain trading. Business work closely together via the
Internet to automate and streamline the supply of goods for production and
g)__________.
In business-to-consumer-commerce companies market physical goods
to consumers online in a more personalized, dynamic h)___________.
Business-to-consumers-commerce increasingly includes the delivery of
i)_________ goods - software, electronic media, and information.
Consumers also look more frequently to the Internet for the delivery of
j)_________, including ticketing, reservations and financial services. In short,
Internet commerce – business-to business and business-to-consumer – will
dramatically impact the way goods and
services are k)__________, bought and sold all the way from from
manufacturer to consumer.
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regulă transmisibile - care atestă că posesorul lor este titularul unui drept
reprezentând o valoare determinată. In sens restrâns, prin hârtii de valoare"
se înţeleg acţiunile şi obligaţiunile.
Obligaţiunile sunt titluri de credit reprezentând o creanţă dintr-un
împrumut pe termen lung consimţit unei persoane juridice emitente a acestor
înscrisuri. Deţinătorul posedă o creanţă de o anumita sumaă pe o durată
stabilită şi remunerată printr-o dobândă determinată, fără a fi legat de
rezultatele financiare ale debitorului. Există şi categorii speciale de astel de
titluri, ca de exemplu obligaţiuni participative - legate de beneficiile
emitentului - sau obligaţiuni convertibile în acţiuni ale acestuia.
Este cunoscut că guverne, organisme internaţionale (ca Banca
Internaţională pentru Reconstrucţie şi Dezvoltare şi bănci regionale), societăţi
industriale şi comerciale, instituţii financiare apelează în prezent pe o scară
largă la acest mijloc de finanţare. Hârtiile de valoare pot fi:
-titluri la putător (titles on bearer) a căror simplă posesiune valorează
titlul. Aceasta este forma cea mai larg răspândită, oferind avantajul
transmiterii (conveyance) directe, necondiţionate.
-titluri nominale, care conferă drepturi numai persoanei pe numele
căreia sunt înscrise în evidenţe speciale, putând fi transmise doar dacă sunt
întrunite anumite condiţii şi se îndeplinesc o serie de formalităţi.
Hârtiile de valore pot fi manipulate direct de deţinător sau se pot
constitui în depozit la firme specializate, care le administrează conform
dispoziţiei titularului. Negocierea acestor înscrisuri se face în general în cadrul
burselor de valori.
B. Sistemul de conducere a activităaţii economice a cunoscut mai multe
etape. La început, proprietarul, detinătorul de capital conducea întreprinderea,
organiza producţia, asigura aprovizionarea tehnico-materială. Managementul
acestei etape se baza în principal pe intuiţie, bun simt, tradiţie şi experienţă,
avea prin urmare un caracter predominant empiric.
Creşterea complexităţii producţiei, a concentrării acesteia conduc la un
proces de dedublare: conducerea laturii tehnico-organizatorice este lăsată tot
mai mult pe seama "functionarilor specializaţi în managementul financiar".
O etapă caracteristică economiei contemporane este concentrarea într-
un grad extrem de înalt al capitalului, dezvoltarea informaticii, caracterul
tehnologiei. Treptat, se dezvoltă instituţia manageriala a cunoscătorilor
profesionişti ai producţiei.
(Ion Petrescu; Erno Domokos-Management General- 1993, Editura
Hyperion)
XI. Translate into English:
A. Compania de Bere România a desemnat o nouă agenţie de publicitate
pentru marca Ursus Focus Publicis. Decizia este rezultatul unei analize
profunde a pieţei de publicitate, pe durata a două luni şi a licitaţiei la care au
participat 8 companii de advertising. Decizia face parte, de asemenea din
politica CBR ca agenţiile cu care colaborează să fie reînnoite după o anumită
perioadă pentru a surprinde mereu consumatorul prin noutate şi originalitate.
B. Două noi branduri de cafea vor fi promovate printr-o campanie de
comunicare integrată care crează atmosfera unică a ţării de origine a
cafelei: o Brazilie autentică, tradiţională. Campania de lansare a lui
Amigo Especial şi Amigo Tradicional a fost concepută şi dezvoltată de
agenţia Tempo Advertizing. Această decizie a fost luată ca urmare a
studiilor de pe piaţa cafelei. Cafeaua măcinată şi ambalată are o
136
pondere de 49% din această piaţă şi de aceea s-a hotărât extinderea
investiţiei pe acest segment.
PART IV
INTERNATIONAL BUSINESS
ISSUES
137
UNIT 1
EUROPEAN COMMUNITY
and
INTERNATIONAL BODIES and
PROGRAMMES
The two World Wars convinced statesmen that some form of political
unity was desirable, and in 1949 the Council of Europe was created - the
basis, it was hoped, of a European Parliament. But organizations with definite
functions - the Organization for European Economic Co-operation, The North
Atlantic Treaty Organization (1949) and the Western European Union (1954)
proved more fruitful than did the Council of Europe with its broad aim.
Although these organizations involved co-operation, they were merely
voluntary associations, not federal bodies exercising supra-national powers in
the interest of members as a whole. While federation was the ultimate aim of
European statesmen they realized that it could only proceed piecemeal and on
a functional basis. The first supra-national organization, the European Coal
and Steel Community (ECSC) was formed in 1951 to control the whole of the
iron, steel and coal resources of the six member countries - France, West
Germany, Italy, Holland, Belgium and Luxembourg. The old divisions created
by inward-looking national interests were thus broken down.
The success of the ECSC led to the setting up in 1957 of the Atomic
Energy Community (EURATOM), a similar organization for the peaceful use of
atomic energy, and the European Economic Community (EU), an organization
to develop a "common market" between the six member countries.
The 1957 Treaty of Rome set up a "community" whose government and
institutions were developed from those of the old ECSC.
Maastricht Treaty on European Union came into force on 1 November
1993 stating the aim of creating a European Union founded on the previous
Communities. The Treaty of Amsterdam in 1997 had improved policies and
forms of cooperation among the Member states.
The Union is served by a single institutional framework to "ensure the
consistency and the continuity of the activities carried out in order to attain
certain objectives while respecting and building upon the acquis
communautaire" The union autonomous institutions was created by the
Community Treaties in order to make them able issue legislation binding as
law throughout every Member State. A Court was also created to exercise
judicial control over relationship between the community institutions and the
Member States ready to be invoked not only by the states and Community
institutions but also by private individuals against their own governments and
national legislation.
The Member States and the candidates to accede to the European Union
have to be European and their system of government be founded on principles
of democracy, liberty, respect of human rights and fundamental freedom and
the rule of law. The founder members are France, Germany, Italy, the
Netherlands, Belgium and Luxembourg. In 1973 they were joined by the
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United Kingdom,
Ireland and Denmark (though Greenland are of Denmark left the Community
in 1985), in 1981 by Greece and in 1986 by Spain and Portugal. In 1995,
Austria,
Sweden and Finland acceded to the European Union. As a result of 1994
referendum, Norway decided not to join the Union, but it remained a member,
together with Iceland and Liechtenstein, of the European Economic Area.
(EEA).
These countries participates effectively in the single market of the European
Community concerning the free movement of goods, persons, services and
capital and apply the bulk of EC's economic and social legislation, but they do
not participate directly in the EC's institutional structure as the Maastricht
Treaty introduced the concept of a "two-speed" or "variable geometry"
Community.
The Commission is the most important body of the EU as it is now
called. Its thirteen members act as an independent body in the interests of the
Community as a whole, and not as representatives of the individual
governments that have nominated them.
The Commission is responsible for formulating policy proposals,
promoting the Community interest, trying to reconcile national viewpoints and
implementing Community decisions.
Each member country sends a cabinet minister (usually the Foreign
Secretary) to the Council of Ministers. This is the supreme decision-making
body. Its task is to harmonize the policy of the Commission and the wishes of
the member governments. Thus while the Commission drafts community
policies; they have to be approved by the Council before they can be
implemented. On matters of major importance, which affect vital national
interests, the rule in practice is usually that decisions shall be unanimous. If
the Council becomes deadlocked, the Commission reconsiders the proposal in
order to meet some or all of the demands of the opposing countries.
It consists of ten judges appointed for a six-year term by agreement
among member governments. Its task is to interpret the Rome Treaty and
adjudicate on complaints, whether from the member states, private
enterprises or the institutions themselves. Its rulings are binding on member
countries, community institutions and individuals.
This is a body of 410 elected members that sit according to party
affiliation, not nationality. The Assembly debates Union policies and also
examines its budget.
The over-riding aim of the EU is to integrate the policies of its member
countries. Its economic policy is based on two main principles:
1. Customs union
2. a common market
There is a crucial difference between a free-trade area and a customs
union. The former simply removes tariff barriers between member countries
but allows individual members to impose their own rates of duty against
outsiders. A customs union goes further. While it too has internal free trade, it
also imposes common external tariffs. The EU has a customs union since this
is essential for an integrated common market. Otherwise goods would enter
the market through low-duty countries and be resold in those imposing high
rates.
The common market of the EU envisages moving goods and factors of
production completely freely within the Union through the operation of the
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price system. Member countries had already developed their own individual
taxes, welfare benefits, monopoly policies, methods of removing balance of
payments, full employment policies and so on. If such differences were
allowed to persist they would tend to disrupt the working of the pricing system
because they would give some members of the Union an advantage over
others. Furthermore, it is
the Commission which is entrusted with the negotiation of international
agreements on behalf of the Union, even if they are ultimately concluded by
the
Council.
But one of the major duties of the Commission is to ensure that the
provisions of the European Community Treaty and the measures taken are
applied. In its unique position of proposer and enforcer of the Community
legislation, the Commission has the opportunity to fulfill this duty in the
legislative process and subsequently in ensuring the observance of the
legislation itself.
The members of the Commission must neither seek nor take any
instructions from any government or from any other body. The bulk of the
legislation of the European Community is not enacted under the provisions of
the Treaties themselves, but under powers delegated to the Commission or to
the Council itself. If the Commission considers that a Member State has failed
to fulfill an obligation under the Treaty, it shall deliver a reasoned opinion on
the matter after giving the State concerned the opportunity to submit its
observations, and the state concerned does not comply with the opinion within
the period laid down by the Commission, it may bring the matter before the
Court of Justice. Under the E. C. Treaty, it is the Court which determines
whether it is a breach.
The interests of the Member States at the Community level are
represented also in the Council of European Union. It consists of a team of the
responsible regional ministries of each Member State. The participants may be
also accompanied by other officials on events. Each delegation may have up to
9 members. There are relatively few provisions allowing the Council to act by a
qualified majority, so the co-decision procedure was added. Qualified
majorities involve a system of weighted voting, approximately related to the
size of the Member State.
The European Parliament is the only directly elected international
institution in the world. The Community legislation does not emanate from the
Parliament, but the co decision procedure, introduced by the Maastricht Treaty
means that legislation is adopted jointly by the Council and the Parliament.
The role of the Parliament appears to have been quite effective: some 6o per
cent of the European Parliament's amendments to proposed legislation are
accepted in the final version. Since 1979 the European Parliament has been
elected directly by the citizens of the Community. The seats are nevertheless
allocated to each Member State. Lately, after the Germany reunification, the
relative representation of the Big Member States has increased as compared
to the smaller ones.
The members of the Parliament group themselves according to political
ideology rather than national origin. The current groups are;
- Party of European Socialists
- European People's Party (Christian Democrats and
Conservatives)
- Group Union for Europe
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- European Liberal Democratic and Reformist Party
- Confederal Group of the European United Left
- Green Group
- Group of the European Radical Alliance
- Europe of Nations Group
- Non-attached
141
As it became clearer and clearer that integration into the structures of
the European Union became the objective of these countries, more and more
problems raised: the course of the reform and its costs, security and
migration, etc. Overall, however, the policy of the EU has been supportive to
the challenges of the economic and social reform. The Unpreparedness of the
Western countries in the year of the revolution can be evaluated by
considering officials and unofficial documents at the time. At the European
Council in Rhodes in December
1988, the heads of the Member States and governments produced a
declaration of the role of the division of our Continent by some general steps:
develop the
Conference on Security and Cooperation in Europe (CSCE), promote
disarmament in Europe and promote the respect of human rights. At the
Madrid Summit six months later, the Central and Eastern Europe does not
figure amongst the main points of the agenda. There is only a summarily
treated chapter entitled "Political Cooperation" The Summit came after the
Polish elections and after Gyula Horn, the Hungarian Foreign Minister, had
ordered the removal of the border controls between Hungary and Austria.
The first coordinated western response came in the G7 Summit meeting
in Paris in July 1989, which was convened in the follow-up to both the
developments in Poland and Hungary and the human rights violation in China.
The G7 leaders stated that "we offer the countries of the east the opportunity
to develop balanced economic cooperation on a sound commercial basis
consistent with the security interests of each of our countries and with the
general principles of international trade" (G7 Declaration, Summit of the Arch,
Paris – July 1989)
The opening of the inner-German border and the fall of the Berlin Wall
were clearly indicating a major look of further measures to support reforms,
including the creation of the European Bank for Reconstruction and
Development (EBRD) – designed to play a significant role in the transition in
Central and Eastern Europe, and the opening up of Community programmes in
education, training and technology.
At the Summit in Strasbourg in December the European Council
enforced commitment to the coordination of assistance for the newly come
nations in Europe. It followed the creation of PHARE programmes which was
meant to implement economic and aid measures to support the process of
reform in Poland and Hungary, in particular by "financing or participating in
the financing of projects aimed at economic restructuring" (Council Regulation
3906/89). Assistance was extended to the more eastern countries that were
added. Romania had to wait another year before being admitted, owing to the
unclear situation following the 1990 elections and miners movement.
The decision to offer Association Agreements to Romania and Bulgaria
underlined clearly the policy of the Community towards the countries of
Central Europe which set out on the course of the reform.
The question of future enlargement of the Community was extensively
dealt with at the Lisbon European Council in June 1992 and a joining calendar
was proposed.
The Association Agreements became the basic legal instruments of the
relationship between the European Union and the associated countries of
Eastern Europe. They state the responsibilities of the Community and of the
Member States that were ratified by the European Parliament and by the
European Council.
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All the Association Agreements with CEE states have the same
structure. The Preamble states the reasons why the parties are making the
agreement, lists past agreements which are taken into consideration and
makes references of general nature. It underlines the common values of the
two parties and the common commitment to strengthening political and
economic freedoms. In the Preamble and the "General principles" are also
brought some conditionality of the full association that is linked with progress
of free trade and complying with the rules of GATT, some references to the
world Trade Organization, to the Partnership for Peace agreement.
The objectives of the agreements cover the most important elements of
any strategy towards the full integration of the countries into the European
Union and provide certain markers against which to measure performance.
The Preamble
Objectives of the agreement
Title I general principles of the agreement
Title II: political dialogue
Title III free movement of goods
- Chapter 1: industrial products
- Chapter 2: agriculture
- Chapter 3: fisheries
- Chapter 4: common provisions (trade protection instruments)
Title IV: movement of workers, establishment, supply of services
- Chapter 1. movement of workers
- Chapter 2: establishment
- Chapter 3: supply of services
- Chapter 4: general provisions
Title V: payments, capital, competition and other economic provisions,
approximation of laws
- Chapter 1: current payments and movement of capital
- Chapter 2:competition and other economic provisions
- Chapter 3: approximation of laws
Title VI: economic cooperation
Title VII: cooperation in the prevention of illegal activities
Title VIII: cultural cooperation
Title IX: financial cooperation
Title X: institutional, general and final provisions
They establish that respect for democratic principles and human rights
and of the market economy, lay down economic reform. The transition has the
purpose of legal adaptation in areas where immediate change is not possible
or not desired. Historic arguments are worth considering when about the
enlargement. Most of the countries of Central Europe have suffered
throughout history by being sandwiched between expansionist powers and
Russia and Prussia or Germany. Today, the situation has changed. All
governments in the region feel the need to be bound in to NATO and the
European Union for security reasons as well as the more obvious economic
and political reasons.
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1.1.1 Accession Problems
The most important objective of accession strategy is the transforming
the economies from centrally-planned dictatorship to market economy
democracies. The achievements in the area of the democratic process proved
to be somewhat less difficult and less controversial than economic and social
reforms. In all the associated countries free and fair elections led to normal
changes of the
governments. The one-party system is evolving as different parties gain and
lose their support, leading to shift in alliances and government crises.
In economic area, the progress has been also remarkable. Much of the
dynamism that the economies have shown has been due to the expansion of
an entrepreneurial private sector. The associated countries have all introduced
measures to ensure that legislation is progressively adopted, but legal
problems are considerable, partly because of the shortage of legal experts in
the associated countries and partly because of the relatively restricted
assistance which the Member States of the Community and the Community
institutions can make available.
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Much of this work falls to the government, due to the weakness of chambers
of commerce and other business organizations.
The first sort of criteria is set in the world of macroeconomic policy.
They concern for objectives of inflation, government deficit, reduction on the
stock of government debts and in certain circumstance, the balance on current
account. Further criteria, of a more macroeconomic type are set relating to
privatization, the degree of state or private monopoly, and the level of state
subsidies. Interim targets are set jointly by the Commission and the country
concerned and the programmes are checked annually. If targets are missed,
joint discussion seek to
analyze the causes and the interim targets for the following year are adjusted
correspondingly.
The second sort of criteria is even more complicated to set and to
monitor. Each year agreed areas of approximation is tackled and the
associated countries themselves are in the control of the agenda, as they
decide the sequencing of priorities, specific for their own. Every piece of
legislation the associated countries take over from the Union is a far-reaching
impact on the reform process, and on economic growth. Giving priority to
economic growth and reform is not only important for the associated
countries. It will be easier for the Union to integrate countries which are
developing quickly and which are rapidly becoming more like the older
Member States in terms of market economy than if the countries are very poor
and reform is beginning to buckle under the weight of poverty and deprivation.
However, the needs of the transformation process in the associated
countries in specific sectors will mean that the transition periods should be as
limited as possible, but most include those policy areas where rapid alignment
would curb investment and economic growth.
1.1.3. Conclusions
Enlargement is a win-win process, as it is a process necessary in order
to complete the reintegration of the European Continent and to ensure peace
and stability on the continent. But it will also bring economic benefit for the
new Member States. Integration is a process which is transforming CEE
countries into normal middle-income European countries after more than 45
years of central planning and separation. The internationalization of the
associated countries must go well beyond their integration into the European
structures. The associated countries have to decide their own political and
economic policies and achievement is done only by accession.
Enlargement to include the CEE countries is meant to lead to the
stronger European Union, with stronger political influence in the world and a
stronger economy. The flexibility beyond the core policies of the Union is also
meant to determine the development of new policies. The centralization of
power to Brussels will be effectively controlled by the growing influence of the
regions and an increase in their own power. The future of the Continent
depends on the success of enlargement and for this reason it must be the
central objective of European policy in the coming decade.
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Europe as a pre-accession instrument financed by the European Union. Now it
covers currently the needs ten countries of the recently joining 8 countries the
Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and
Slovenia and the two countries that are to join the European Union in 2007:
Romania and Bulgaria.
The programme is meant to assist the massive restructuring their
former centrally planned economies and political change. Phare support was
reoriented to the aim of Eastern European countries' membership of European
Union, for their market economy expansion and infrastructure investment.
The pre-accession priorities lighted by the accession Partnership
Agreements represent the National Programmes for the adoption of the Acquis
in
the candidate's country time table. The timing and the costs are evaluated and
the steps implications and financial resources needed are planned. The Phare
objectives set originally in 1989 were further refined in the coming years:
1. strengthening public administration and institutions function
effectively inside the Union
2. adoption of Acquis Communautaire and shorten transition period
3. promotion of economic and social cohesion
New programmes were created: SAPARD and ISPA undertook rural and
agricultural development and transportation. This way it became possible that
PHARE programme focus on its key priorities only. 2003 was the final
programming year for the new 8 Member States although projects have
covered 2005 too, although they have undertaken full responsibility for the
management of PHARE projects through a process of extended
decentralization.
The key requirements for enlargement for the applying countries
are to implement and comply with the Community legislation so far reaching
improvements that are needed for their administration and judiciary based on
professionalism and mentality.
Democratic institution building activities focus on the weaknesses
identified at central, regional and local level, and on the transfer of the know-
how and investment.
The process of transferring "know-how" to develop structures,
strategies, human resources and management skills is needed to strengthen
the applicant countries' economic, social, regulatory and administrative
capacities. 30% of PHARE financing sources are allocated for this purpose and
are mainly deployed and implemented with member states through Twinning
projects.
The instrument of Twinning is based on the priority areas identified by
monitoring and regular reports prepared for enlargement. Twinning projects
provide technical and administrative assistance to newly joining countries and
candidate countries and also help in building wider contacts with practices
inside addresses to improvement cover long and medium term assignments.
The projects provide civil servant expertise from member states for
assignment of up to eight months, with possible but limited extensions.
Around 35% PHARE resources are also allocated for institution building
involving physical investment. Support money is invested in key regulatory
institutions whose equipment or infrastructure needs to be upgraded in order
to monitor and enforce the acquis communautaire. But this sort of investment
is only made on the basis of a clear-cut government strategy and commitment
146
on public administration reform, modernization and governance supported as
necessary by Institution Building involving transfer of know-how.
Nation al programmes of the applying countries account for the most of
the PHARE budget as it indicates the priorities and the time table needed to
adopt the acquis or fulfill the accession criteria. This process continues with
Bulgaria and Romania until their accession.
Cross-border assistance of PHARE in the applicant countries is meant to
overcome specific economic and social developments in the countries of
Central and Eastern Europe and within their own national economies. The
programme has been extended to cover Bulgaria with Turkey and the
Bulgarian and
Romanian borders with their adjacent countries – Ukraine, Moldova, Serbia,
Montenegro and the former Yugoslav Republic of Macedonia.
PHARE Multi-country Programmes have increasingly been integrated
into national programmes too. The largest of these have been developed in
co-operation with International Financial Institutions and deal with the
promotion of
small and medium-sized enterprises and intermediary banks are encouraged
to provide finance for the partner countries in the field of Monitoring and
Evaluation, Statistics, Environment and Institution Building in fraud fighting.
Phare Programmes are planned centrally, but implemented in a
decentralized way, i.e. by candidate countries. Decentralization involves
responsibility transfer from the Commission to the Contracting Authority in the
recipient country, which becomes responsible for tendering the contracting as
well as the financial and administrative management of the projects.
Erasmus Programme – is a studentship, exchanger and trainings
programme based on a wide student organization. Its goal is to support and
develop student exchange knowledge and experience for its member states.
Its local sections and over 2500 members in 27 countries work in Higher
Education Institutes (Universities, Polytechnics, and University Colleges).
Erasmus Student Network (ESN) members mainly act and support social and
practical integration of Exchange students, and provides relevant information
about academic exchange programmes and ESN resources. It also makes its
contribution to the celebration of different exchange programmes.
2. INTERNATIONAL INSTITUTIONS
The evolution of modern-nation societies and international order
inevitably gave rise to questions of international cooperation. Diplomatic
representation became more widespread as the system expanded and political
and economic relationships multiplied. But it became evident that only
diplomatic contacts in themselves were unable to cope completely with the
complexity of the international system, so the concept of international
conference appeared and developed as a form of extended diplomacy.
Conferences dealt with problems that at least two or three countries were
interested in and an international treaty or formal peace resulted. The Peace
of West Westphalia was the first major instance of this in 1648 that ended the
thirty-year-old. The wars of Louis XIV and the Napoleonic wars, a century later
were terminated similarly by international agreements of interested powers.
The Congress of Vienna in 1815 is considered as a significant turning point as
it marked the first systematic attempt to regulate international affairs by
means of regular international conferences (El Eriam, Legal Organizations, p
58)
147
The Congress system lasted and institutionalized not only the
balance of power approach to politics, but also a semi-formal international
order. Then, world affairs were influenced to a large extent by periodic
conferences held in Europe until the outbreak of the II WW. The conferences
of this period (The Paris conference of 1856, and the Berlin gathering of 1871
– dealt with Balkan problems) led to the establishment of international
institutions.
The 19th century witnessed a considerable growth in international
non-governmental associations such as the International Committee of the
Red Cross founded in 1863 and the International Law Association (1873). They
represented a wide-range committee of interests on specific topics and an
awareness that international corporation must be effective, as they created
the machinery for regular meetings and established permanent bodies. These
organizations work to influencing governmental activities and stimulating
action, and they fulfilled an increasingly felt need for more complex methods
of international co-operation and regulation in an inter-dependent world.
In 1865 the International Telegraphic Union was set up and nine
years later the Universal Postal Union was also created. They combined the
activity of permanent bureaus with periodic conferences with decisions being
taken by majority vote that marked a step forward since unanimity process
was
needed. The nineteenth century was marked by the proliferation of such
public international unions covering transportation, communication, health and
economic co-operation which laid the basis for contemporary international
institutions. But the innovation of the past century has been, of course, the
creation of the global, comprehensive organizations of the League of Nations,
and the United Nations which was the culmination of the pioneering work of
the private and public international unions that required some form of central
co-ordination. The development of the United Nations into a real world
authority has been beneficial in the long run by the gradual increase in its
influence and responsibility in all fields of international peace and security.
The League of Nations created in 1919 sought to promote
international co-operation, peace and security upon the basis of disarmament,
the peaceful resolution of disputes, a guarantee of the sovereignty and
independence of member states and sanctions. But although an international
organization, it never became universal. It stayed to all intends and purposes
a European-centered institution and it was formally dissolved in 1946.
2.1. The United Nations
It arose as an attempt to remedy the defects of the League
organization. The series of war-time declarations and conferences culminated
in the San Francisco conference in 1945 which finally adopted the United
Nations Charter. The newly established international organization has proved
to be one of the major innovations of the 29th century in international
relations, not only in the use of force, but also with regard to wide-ranging
economic and social co-operation among states.
The General Agreement for Tariffs and Trade (GATT) arose out of an
international conference held at Havana in 1947-8 at which was established
the International Trade organization. The arrangements operated on the basis
of bilateral approach to trade negotiations coupled with unconditional
acceptance of the most favored nation principle (the most favorable benefit
obtained by one state are passed on to other states). A series of tariffs and
148
trade negotiations rounds were held under its auspices that offered a package
approach to trade negotiation, and a wide variety of tariff reductions was
achieved. The eight rounds, termed the Uruguay round in 1986, concluded
with the signature at Marrakech on 15 April 1994 of a long and complex
agreement covering a range of economic issues, such as agriculture, textiles
and clothing, rules of origin, import licensing procedures, subsidies,
intellectual property rights, and procedures on dispute settlement. The GATT
continued until the end of 1995, when it was effectively subsumed with
changes as GATT within the World Trade Organization.
2.2. Regional Institutions
The proliferation of regional institutions, linking together geographically
and ideologically related states since the end of the Second World War, has
been impressive. The outset of the Cold War stimulated the growth of regional
defense alliances and block politics. NATO and its various linking organizations
covering the Middle and Far East, confronted the Warsaw Pact. Regional
organizations developed to reflect common interests in a superpower
Organization of American States and the Organization of African Unity. But it
was in Europe that regionalism became most constructive and political. The
establishment of the European Economic Community, in particular, was
intended to lay the basis for a resurgent Western Europe with meaningful
economic and political integration.
The North Atlantic Treaty Organization was created in 1949 to counter
possible threats from the East. It associated the United States and Canada
with 14 European powers for the protection, in essence, of Western Europe
(although Greece and Turkey are involved). By the Treaty the parties agreed
to consult where the territorial integrity, political independence or security of
any of them has been threatened and accepted that an armed attack against
one or more of them in Europe or North America should be considered an
attack against all.
The alliance consists of a Council which is the supreme organ and on
which all members are represented and a series of civil and military
committees covering all aspects of security work.
The ending of the Cold War brought about a variety of changes in the
organization. A North Atlantic Co-operation Council (NACC) was established in
1991 with the membership consisting of NATO states and former members of
the Warsaw Pact countries, including the successor states to the USSR. In
1994 a partnership for Peace Programme was inaugurated within the
framework of NACC. Countries participating in the Partnership for Peace signed
Framework Document, affirming their commitment to the preservation of
democratic
societies and the maintenance of the principles of international law, to fulfill in
good faith the obligations of the UN Charter and the principles contained in the
Universal Declaration of Human Rights and to respect the existing borders.
NATO has, in in-cooperation with the Western European Union, helped in
implementing UN sanctions in the former Yugoslavia and currently leads the
multinational implementation force (IFOR) in Bosnia in enforcement of the
Dayton Peace Agreement of 1995.
The Organization for Security and Co-operation in Europe (OSCE) was
originally created in 1975 following the Helsinki Conference of European
Powers (plus US and Canada) that established some basic principles of
behaviour among the participating states: sovereign equality, prohibition of
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threat or use of force, inviolability of frontiers, territorial integrity of states,
peaceful settlement of disputes, non intervention in internal affairs and
respect for human rights. The Final Act is not a binding treaty but a political
document, concerned with three area of "baskets" being security questions in
Europe; co-operation in the fields of economics, science and technology, and
co-operation in humanitarian fields. The diplomatic conference in Helsinki had
regular follow-up meetings, but it was only in the late 1980s that it began to
assume a coherent structure.
The Charter of Paris for a New Europe signed in 1990 provided for the
first standing institutions: the Conflict Prevention Centre in Vienna, the Office
for Free Elections in Warsaw (now renamed the Office for Democratic
Institutions and Human Rights) and the Secretariat based in Prague. Further
institutional steps were taken at the Budapest Summit in 1994 when the
organization was renamed the Organization for Security and Co-operation in
Europe as from January 1995. The organization has established Missions to
assist in dispute settlements. In March 1995 the Conference on the Pact on
Stability in Europe adopted a Final Declaration, which, together with some 100
bilateral and regional cooperation agreements, represents an attempt to
mitigate tensions. The Declaration contains a commitment to act against
intolerance and discrimination which the agreements include dealings with
cross-border co-operation, economic, environmental and minority protection
issues. The pact is supplemented by measures to be taken by the European
Union and is integrated within OSCE system. In the event of difficulties over
observance of the agreements, the states participating in the Pact would rely
on existing OSCE institutions and procedures
for settling disputes peacefully, including the Court of Conciliation and
Arbitration.
The Commonwealth of Independent States (CIS) was established by
Russia, Belarus and Ukraine in 1991 to which eight other former Republics of
USSR adhered so the organization now comprises all the former Soviet
Republics apart from the three Baltic States. The organization is set on respect
of the territorial integrity of member states and upon co-operation particularly
in safeguarding international peace and security and implementing effective
measures for the reduction of armaments. A large number of agreements have
been signed by the member states on a variety of subjects, including
prevention of drug smuggling and terrorism, but many of these agreements
have not been ratified.
After the II WW the Organization of American States emerged and built
on the 1947 Inter-American Treaty of Reciprocal Assistance signed at Rio de
Janeiro, and the 1948 Pact of Bogotá which is the original Charter of OAS
which was amended in 1967 by Buenos Aires Protocol in 1985 by the
Cartagena de Indias Protocol and by the 1992 Washington Protocol and the
1993 Managua Protocol. The organization comprises currently 35 member
states and it is the
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most developed of the regional organizations outside Europe, but without any
of the supranational powers possessed by the European Union.
The Arab League was created in 1944. It encourages regional co-
operation in economic, cultural and social issues. Its headquarters is based in
Tunisia.
The Organization of African Unity was established in 1963 in Ethiopia
dealing with economic, health, defense, educational and scientific matters
amongst others. Its liberation committee is based in Dar es Salaam to assist
the various liberation organizations. The OUA has faced considerable problems
in reconciliation member states' policies that led to Morocco's withdrawal or to
the noticeable unsuccessful mediation attempts in the Chad civil war.
The Eastern European former communist countries had their own
organization such as Warsaw Pact, which mirrored the NATO organization and
Comecon (the Council for Mutual Economic Aid). Both of them have
disintegrated with the collapse of the Soviet system.
The Association of South East Asian Nations (ASEAN) was created in
1967 on both political and economic aims. Its members: Indonesia, Thailand,
Malaysia, Singapore, the Philippines, Brunei and later Vietnam affirmed their
commitment to peace and peaceful settlement of disputes.
2.3. Norms and Legal practice of
international organizations
The different types of international organizations have brought their
contribution to the norms and practice of international law. This is particularly
true as for the United Nations with the universality of membership and
extensive field of activity and interest. It is worth noting the importance of
international legal norms with the operations of these organizations. The
constituent instruments in dealing with international affairs are the treaties
that are particularly relevant.
An important aspect of the role of international organization in the world
order is the possession of international legal personality. Once established, the
organization becomes subject of international law and thus capable of
enforcing laws, rights and duties as distinct from operating merely within the
confines of separate jurisdiction. Legal personality of the organization may be
inferred from the powers or purposes of the organization and its practice. The
attribution of international legal personality to an international organization is
important in establishing that organization as an entity operating directly upon
the
international stage rather than obliging the organization to function
internationally through its member states. Many constituent instruments of
international organizations provide that the organization in question shall have
personality in domestic law so as to enable it, for example, to contract or
acquire or dispose of property or to institute legal proceedings in the local
courts or to have the legal capacity necessary to exercise its functions. This
issue also arises as to whether states that are not parties to the treaty in
question and thus not member states of the particular international
organization are obliged to recognize the personality of such organization. This
can be achieved either directly by entering into an agreement with the
organization and a headquarters agreement permitting the establishment of
the organization within the jurisdiction, or indirectly, by virtue of the rules of
private international law. By virtue of this approach, adopted in most legal
systems, a domestic court will determine the legal status and capacity of a
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legal person by reference to the applicable or proper laws, which will be in the
case of international organizations,
international law. Thus, if the organization had personality under international
law, this would suffice to establish personality under domestic law.
The very nature status and autonomy of international organizations will
depend primarily upon the terms of their constituent instruments or
constitution under which they are established. These are the multilateral
treaties, since they are binding agreements entered into by member states.
They have a special character since they are also methods of creation of new
subjects of international law. However, far-reaching powers are not ascribed
to the international organizations so as not to lead to conflicts with member
states and third parties, as well as not to undermine the internationally
recognized nature and scope of the organization.
The international Institutions are governed by the principle of speciality
and they are invested by the states which created them with powers the limits
of which are a function of the common interests whose promotion those states
entrust to them. Such powers may be expressly laid down in the constituent
instruments or may arise subsidiary as implied powers, being those deemed
necessary for fulfillment of the functions of the particular organization.
An important question is the capacity of international organizations to
conclude treaties which is usually governed by the rules of each international
organization. Responsibility is also a necessary consequence of international
legal personality of the organization, and the resulting possession of
international rights and duties. Such rights and duties may flow from treaties
or from principles of customary international laws. The precise nature of
responsibility will depend upon the circumstances of the case but also
analogies drawn from the laws of state responsibility with regard to the
conditions under which responsibility will be imposed.
International organizations relate to their own legal requirements. They
can be held responsible, inquiry arising out of a breach by the organization of
an international obligation deriving from a treaty provision or principle of
customary international law. Analogies can be also drawn from the general
rules relating to state responsibility with regard to the condition under which
responsibility is imposed.
3. The Nature and Development of the
International Law
Societies have created for themselves a framework of principles within
which to develop. The rights and obligations have all been spelt out within the
consciousness of the communities. Law is that element which binds the
members of the societies together in their adherence to recognized values and
standards.
It attempts to create a framework which can act as a shock-absorber
clarifying and moderating claims and endeavoring to balance interests. Just as
any domestic community must have a background of ideas and hopes to aim,
so the international community must bear in mind its ultimate values. It is
both permissive, in allowing individuals to establish their own legal relation
with rights and duties, and coercitive as it punishes those who infringe its
regulations. Law consists of a series of rules regulating behaviour, and
reflecting the ideas and preoccupations of the society within which it operates.
The subject of International laws is nation-states, not individual citizens. There
are many contrasts between the law between states, international
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organizations and, in certain cases, individuals. International law is divided
into private international law and public international law. The former deals
with the cases within particular legal systems in which foreign elements raise
questions as to the application of foreign law or the role of foreign courts. If an
Italian business man concludes a contract in France, to sell goods, any Italian
court would apply French law as regards the terms of the contract. By
contrast, public international law is but a separate system altogether. The
mistake is to confuse courtesy laws, specific for different nations, or morality
which is a branch of ethics.
International law is generally considered an emanation of a recognized
body to legislate or create laws and implemented by a hierarchy of courts with
compulsory jurisdiction to settle disputes over such laws and an accepted
system of enforcing those laws.
International law has no legislature. The resolutions of United Nations
are not legally binding on anybody save for certain of the organs of the United
Nations for certain purposes. There is no system of international courts,
except the International Court of justice at the Hague, but it can only decide
cases when both sides agree and it cannot ensure that its decisions are
complied with. It is important, but only peripheral to the international
community. Above all, there is no executive or governing entity. The Security
Council of the United Nations, which was intended to have such a role, has at
times been effectively constrained by the veto power of the five permanent
members: USA, now the Russian Federation, China, France, and the United
Kingdom.
International law does not state a unified system of sanctions, but there
are circumstances in which the use of force is regarded as justified and legal.
Within the United Nations system, sanctions may be imposed by the Security
Council upon the determination of a threat to the peace, breach of the peace
or act of aggression. Such sanctions may be economic or even military and the
states themselves decide whether to take action on the extent of their
measures as there is no supreme body to rule on their legality, although
international law does lay down relevant rules. Neither must it be forgotten
that the current trend in international law is to restrict the use of force as far
as possible, thus holding to the absurd result that the more force is controlled
in international society, the less legal international law becomes.
While the legal structure within all but the most primitive societies is
hierarchical and authority is vertical rather like a pyramid with the sovereign
person or unit in a position of supremacy on top, the international law system
is horizontal consisting of over 180 independent states, all equal in legal
theory, and reorganizing no one in authority over them. International law is
primarily formulated by international agreements, which issue rules binding
upon the signatories, and customary rules which are basically state practices
recognized
by the community at large as laying down patterns of conduct that have to be
complied with.
International law can only constitute a neutrally understandable specific
vocabulary and suggest possible solutions which follow to a study of its
principles. The principle of auto-limitation, on self-limitation, states that states
could only be obliged to comply with international rules of they first agreed to
be so obliged. In abroad sense, states accept laws, as without that, no such a
system could possibly operate.
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But the inextricable bonds linking law and politics must be reorganized.
The formulation of policy and the method of enforcement are distinctive within
developed societies in order to prevent a concentration of too much power
within the same branch which makes laws and creates the legal systems. A
number of factors also operate to conceal and lessen the impact of politics
upon the legal process. Foremost amongst these is the psychological element
of tradition and the development of the so called law-habit. The arbiters of the
world order are, in the last resort, the states and they make the rules,
interpret and enforce them.
3.1. International Law Today
In the second half of the 2oth century the complexity of life has
multiplied so international law has developed in many directions. International
law is a result of its environment, as human community has developed certain
specific sets of values, social, economic and political.
There are many instances of how modern developments demand a
constant reappraisal of the structure of international law and its rules. The
regulation of space expeditions, the divisions of ocean floor, protection of
human rights, management of international financial system, preservation of
peace embrace all interests and aims of contemporary international life and
international law. Its determining factor is the characteristic of the
international political system that needs the acknowledgement of the rights of
other: which leads inevitably to a system of their regulation.
International law faced with radical changes in the world structure of
power and had to come to terms with new ideas that could no longer be
ignored.
The Eurocentric character of international law has been weakened in the
late 50 years and the needs of other cultures and civilizations have begun to
play an increasing role in the evolution of world juridical thought. The basic
state-oriented character of the world politics and international law is reflected
by the principles of non intervention in internal affairs, territorial integrity,
non-use of force and equality of voting in the United Nations General
Assembly. But there are also many cut-cross state borders factors that
generate tensions such as economic relationships, human rights, new
technological forces.
The growth of positivism in the 19th century focussed concern of the
international law upon sovereign states. But the new approaches of the 20th
century regarding international relations extended the role played by non-
state entities, such as individuals, multinational firms and international
institutions. The developing concern with human rights is recognition of
individual responsibility under international law without the interposition of the
state. The Universal Declaration of Human Rights adopted by the United
Nations in 1948 lists a series of political and social rights, although it is only a
guide line and not legally binding as such, prior to perestroika that denied that
individuals may have rights as distinct from duties against the state they
belong to. Thus, while states remain the primary subject of international law,
they are now joining by other non-state entities, whose importance is likely to
grow in the future, such as regional organization. They develop a regional
international law sub-system within the original universal framework. The
range of topics covered by international law has expanded with the upsurge in
difficulties faced and the proliferation in the member participants within the
system. The specialized problems of contemporary society have begun to
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represent concerns of the International law: economic development covering
financial matters, environmental despoliation, space exploration, exploitation
of ocean resources and deep sea-bed, bureaucracy of international
institutions, international labor standards, health regulations, communications
controls, etc
EXERCISES
I. Find the key words in the following text and then draft the main
ideas it conveys:
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global monitoring agency, the modern system of payment in foreign currency
simply does not work. Changing money is the central point of financial
contracts between nations and the indispensable vehicle of the world trade.
Each currency, be it the dollar, franc or the Gambian dalasi or Haitian gourde,
has a value in terms of other currencies. The relative exchanging values of the
world's major currencies now fluctuate continuously and are reported daily in
the financial columns of the newspapers. Although the operations of the
exchange market, where money (much the same as such commodities as
wheat or apples) is bought or sold, may seem remote from daily life, these
operations deeply affect
us all. Most commonly, we experience the reality of exchange values abruptly
when we travel abroad as tourists and find we must first buy local money
before we can buy anything else. Purchasing foreign currency is a fact of life
not only for tourists, but also for importers, bankers, governments and other
institutions that must acquire foreign currency, often on a very large scale,
before they can do business abroad. No country restricts the exchange of its
national currency into another nation’s money, and this greatly facilitates
international trade.
The current confident expectations that one currency will be converted
into another on demand makes it difficult to imagine circumstances in which
this was not the case. And yet it was largely in reaction to circumstances of
widespread inconvertibility and related exchange problems that the
international community decided over 50 years ago to work out these
problems in a common form that was to become the International Monetary
Fund.
(External Relations Department, Publications Services International Monetary
Fund, Washington DC, USA).
II. Match the words with the gaps in the text:
1. assistance; 2. promote; 3. projects; 4. finance; 5. instrument; 6.
funds; 7. granted; 8. support; 9.debt; 10. backing.
One of the most important banks in the world is the World Bank, its
official name being the International Bank for Reconstruction and
Development. The bank was projected to a) ____ economic development and
reconstruction. It was formed in order to b) __________ the European
countries whose economies were affected by the World War II. The bank was
created on July 1944 and began operations in 1946 and first granted credits to
post World War II economic c) __________. It has as its main goal to lend
assistance to governments or private enterprises with government d)
_________. Many of the loans e) __________ were given so as to assure the
fulfillment of specific projects as: introduction of electric power, water supply
and transportation. But by the late 20th century agricultural development
became its focus of lending and as a result, Poland's agriculture got credits so
as the state to f) ___________________ agriculture in order to help to the
country's economic expansion.
It lent g) ___________ also to Romania whose government received
financial support for the growth of the economy. Many of the loans received
helped Romania build modern roads and ensure the development of some
specific h) _________.
A series of institutions were created to make loans easier to obtain by
nations heavily in i) __________. The World Bank is an j) _________
designed to help the world to have a united economy and to create the spirit
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of community between all countries.
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PART V
INFORMATICS TECHNOLOGY
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1. INFORMATICS TECHNOLOGY
From ancient times, people have always needed to count, measure
things of their life. They also have needed tools and techniques to help them
keep records accurately: tapes, slides, rules, sextants, weighting scales,
clocks, etc.
The computer is the latest calculating and recording device in the
mankind history. The amount of work they do is quick and reliable, as the
speed of its work is measured in millions of operations per second. Computer
is becoming smaller faster, cheaper, more reliable and easier to use.
Nowadays it covers the human needs in business, education, health care, art,
design, government and entertainment, being a general purpose machine, as
it can operate over a few hours as a typewriter, desktop publishing studio,
sound and video editor, accounts tracker, e-mail sender, internet browser.
Computer responds to programs that are conceived to make it meet the needs
of human by means of processing the input to obtain the output. Any
information going into a computer is converted into numbers that are added
together in various ways and combinations under the set of rules that is called
software, one of the main components of the computer system; the other one
is the hardware that includes all the physical units that make the computer
work.
Computers fall into a number of different categories. One of the ends of
the spectrum is the mainframe that matches the needs of big corporations as
they run with no interruption, performing extremely complex calculations. The
most well known are the personal computers (PC) that come into various
shapes and sizes. The desktop is the most commonly used. It includes a
system unit, a screen and a keyboard, as separate components. Business
people can use now a laptop or a notebook computer. They have been
provided lately with liquid crystal displays (LDC) or touch screen. Medium size
enterprises can use nowadays minicomputers that offer greater processing
power, storage capacity and reliability. Network computers or (servers) are
the big computers meant to administer, support and protect the security the
computer network.
The system unit is the essential component of the computer. It houses
the processor, various memories, a fan which is designed to keep the whole
unit cool. Nowadays the system unit is designed to stand vertically, on the
floor tower, or it is built underneath the keyboard in a laptop.
The two main types of memory are the Random Access Memory (RAM)
used to carry out given tasks, often called working storage. The main memory
holds the list of instructions currently working on, the input information on
which it is working and the interim output. The measure units for its capacity
are the byte. One byte consists of eight bits. Additional memory can improve
the performance of the computer. The other type of the memory is the Read-
Only-Memory (ROM) where the PC stores its low level programs, particularly
the instructions necessary to start the computer. The main device for storing
information is the hard disc that records it magnetically and keeps it until it is
changed or deleted. It uses a read/write head that detects the polarization of
particles on the disc revolving at a constant high speed, getting or retrieving
information onto it.
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Documents can be transferred from one computer to another by using a
diskette, the so-called floppy-disk. But nowadays, software is most often
supplied on CD-ROM (Compact Disk Read-Only Memory) that provide more
storage capacity, as programs have added functionality because they may
include graphic and other multimedia elements. A newer type of CD-ROM is
the CD-Rewritable disk, or CD-RW that can be used for writing data to them
more than once. But CD-ROMs are now being overtaken by DVDs (Digital
Versatile Disk) which look similar, but have a great more storage capacity. The
information is encoded on the CDs by using a CD Writer and detected by a
laser beam. The zip-drive is another kind of high capacity removable disk that
uses either magnetic technology or laser technology. All of them are often
referred to as "backing storage" or "secondary storage".
Most of the computer systems use three essential peripherals: the key
board and the mouse (used for input) and the screen (used for output). The
keyboard makes the information and instruction enter the computer. The
programs give continuous feed-back on their progress and display their output
on the screen or the monitor that is the visual display unit (VDU). The
programs are also represented on the screen as Graphical User Interface
(GUI) 〈gooey〉 that includes files, functions as pictures and also a pointer
indicating the intention of the user and making the program responding
accordingly. The mouse represents it as an external device, converting its
moves into the moves of the pointer. The one click or double click moves
make the operation of the computer easy. But besides the mouse, there are
also other, like:
- trackball that is an upside-down mouse used for limited desk
space
- joystick and games controller are also similar to the external
mouse, but used only for games and simulations
- touch pads built in device to the keyboard of laptops for
moving the pointer either as a miniature joystick or a
pressure-sensitive touch pad that transmits the finger
movement
- graphic tablets are used for design applications and feel the
movement of a plastic pen across them
Other essential peripheral devices are also normal parts of the computer
system: printers, modems, loud speakers, scanners, digital cameras,
microphones are increasingly used by the new technology.
Laser printers, inkjet printers, impact printers use slightly different
techniques for printing or making marks on the paper. They are characterized
by the speed of output, colour and cost of consumables.
The modem is a device used to connect computers to the telephone
network for using the internet or for sending faxes.
Any kind of data that can be converted into numbers can be processed
by computer: music, pictures, animated drawings, video, speech. The
multimedia applications have grown up due to this ability, often called
multimedia computer. These applications need also specialized peripherals:
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- scanner – used to copy photos, drawings, texts into a
computer through a specialized program
- digital camera – records images digitally in a memory, not a
photographic film. The images are transferred to a computer
and printed out using graphic software to edit, archive or e-
mail them.
- Loud speakers are standard peripheral equipment used to play
music and any sounds
- Sound cards are used to control audio output and to upgrade
its quality
- Microphones used for the control of application by speech
commands
Software is the generic sets of instructions gathered in system software
and application software. The former refers to the control and management of
the devices, files and storage; the latter is concerned with various professional
areas, entertainment, and education.
The programs depend on the operating system (OS) that controls the
hardware, the timing of sequences and manages the access data to ensure
security and integrity. When adding a new piece of hardware to the system, a
driver has also to be loaded to make the OS control the hardware, i.e.
recognize input from the keyboard and mouse, send output to the screen,
communicate with printers and other peripherals, and keep track of files. The
operating system is usually presented through a graphical user interface (GUI)
that represents the hardware of the computer: disks, printers, application
programs, data files represented by symbols of icons that can be made
operational by moving the pointer through a mouse click
The application programs enable different programs work: word
processing, spreadsheets, data base management system, electronic mail or
even pre-loaded applications: Netscape Navigator, Microsoft Explorer. There
are also highly specialized and sophisticated applications used according to
particular needs.
Licensed software gives the holder the right to run it and make copies of
the software only for backup purposes. The illegal piracy deprives the
individual developers, companies of their rightful income. Only freeware can
be distributed without charge on disks given away with magazines or
downloaded from internet. Shareware is also widely distributed in much the
same way as freeware, but if you decide to use it, you are supposed to send a
licence fee to the developer, otherwise it will not function but only a typical
period of time of 30 days.
When the software produces incorrect or unexpected results, it has a
bug that can range from minor to major ones. When the computer "freezes" it
ceases to function, i.e. refuses any input and won't produce any output, it
"hangs". A bug can make a whole system crash, so the computer should be
turned off the power for a minute, or to press the Reset button on the system
unit, as a last resort, in order not to lose any work done since the last saved
application.
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Data are hold in files that can be organized into directories or folders.
They are given names in order to be recognized and operated when needed.
Data can be lost, corrupted, damaged or abused accidentally or deliberately.
The users can protect them by using a system of password or keeping backup
copies of data files, on diskettes or other removable mediums. The operated
data should also be saved at regular intervals on the volatile working storage
RAM.
Viruses are poisonous programs that vary from minor irritation
(messages displayed on the screen), inconveniences (files can be damaged),
or to total disaster (damage of the hardware rendered unusable). Virus
spreading can be avoided by not opening the e-mail attachments, checking
diskettes, hard drives or CDs and by using virus-scanning software that should
be the very latest.
Network
Computers can operate on their own (stand-alone computers) or
they can be connected in networks:
- sharing hardware: two or more computers are connected
through hardware resources: printers, modems, scanners,
platters
- file sharing: information needed by several users is stored on
a single, powerful, permanently switched-on computer called a
file server, and then shared on specific computers.
- E-mail: Computer networks make possible e-communication,
i.e. electronic mail; messages can be exchanged between
users of the computers that are connected to a common
network.
- Data-exchange network: makes possible co-operative work in
a work group
- LAN (Local Area Network) – connects computers located in a small area, such
as an office, a building, or a group of adjoining buildings
- WAN (Wide Area Network – connects computers over a large
area, usually across international boundaries. They can be
restricted to a private access, operated by a transnational
company or government agency or it can have public access
such as the internet. The wide area network uses all
technologies of the telephone network: satellites, microwaves,
optic fibers converting the "analogue" voice signal into the
"digital" computer signal through a "modem". The modem is a
device which is usually built-in the computer communication. .
An alternative to using modems is ISDN (Integrated Service
Digital Network) that is cable which is designed to carry digital
signals. It is used more and more for frequent high-volume
Computer users connected to the Internet can exchange messages by
e-mail. They need e-mail software, a unique address and a password to
prove entitlement to collect the message. E-mail has largely taken over from
the telephone technology used to send and receive written messages. The
fax machine scans printed information and encodes it so that it could be sent
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down the telephone line and decoded by the fax machine of the recipient that
provides a print out.
Internet is a wide-world network of interconnected networks. It is used
to e-mailing and to provide access to the information stored on computers all
around the world. The users – governments, officials, universities,
companies, voluntary organizations, and private individuals can use this huge
resource-opportunity for research, news, entertainment, education,
information, current affairs, shopping, arts, etc
The term world wide web is used to describe documents made available
over the Internet which are in a particular graphic format. The documents
can be linked together, irrespective of where they are physically located in
the world. Their links, named hyperlinks, enable users to pursue a research
topic from the general to the specific, from detail to "big picture", from
graphic to text, from text to sound. The documents built using the hyperlinks
are called "hypertext" or "hypermedia" if sound, graphic or video are
involved.
The documents published on the internet can be contacted through a
browser, i.e. a program that displays the web pages following links from one
web page to another. The search engine is also a program that trawls the
internet looking for documents that contain information of interest to the
users.
E-Commerce
International business markets have been developing lately using
largely the advantages of Internet. Advertisement, placing orders, delivery of
products ordered, rendering services, ticketing have become cheaper and
cheaper due to the Internet service. Comparing prices from different
suppliers, buying directly from the manufacturer or the supplier anywhere in
the world, pricing different offers and opportunities, searching maps,
checking event listings, hiring cars, booking meals in a favourite restaurant,
are the advantages of using the Internets shopping nowadays.
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GLOSSARY
Acceptance – the act of placing the word "accepted" across the face of a
draft, followed by the date and signature of the acceptor
Acceptance draft - A timer draft which has been accepted, thereby bearing
the unconditional obligation of the party upon which it is drawn to pay the
draft at maturity
Accepting bank - the bank upon which the draft is drawn and which
"accepts" the draft (see acceptance)
Advising bank – a bank, usually in the Beneficiary's country which informs
the beneficiary that another bank has issued a Letter of Credit in its favour
Air Waybill – a non negotiable contract of carriage for air transportation
between an air carrier and a shipper, or an air carrier and an air freight
forwarder
Amendment – any change to the terms and conditions of a Letter of Credit
Applicant – the party that arranges for a Letter of Credit to be issued,
typically the buyer in a commercial transaction or the borrower in a financial
transaction
- an individual applying for a job
"at sight" – it indicates thet an instrument is to be paid upon the bank's
determination that the documents comply with the terms and conditions of a
payment document
beneficiary – the person in whose favour a Letter of Credit is issued ,
typically the seller in a commercial transaction, or the creditor in a financial
transaction
Bill of Exchange – see draft
Bill of Lading _ a document, generally issued by a carrier to a shipper that
serves a threefold purpose: 1 receipt for the goods delivered to the carrier for
shipment; 2. a contract of carriage of the goods from the place of receipt to
the place of delivery listed in the bill of lading; and 3. evidence of title to the
goods
Charter party – the person chartering a vessel or part of its freight space for
a particular trip or period of time
Collection – a method of payment for goods. The act of handling documents
on instructions received, by banks, in order to obtain acceptance or, as the
case may be, payment from drawee
Commercial invoice – A bill provided by the seller, addressed to the buyer,
giving a description of the goods or services, price, charges, etc
Commercial Letter of Credit _ a letter of credit by which payment is made
available to the beneficiary against presentation of a draft and stipulated
shipping documents
Consignment - a method of payment for goods where the title to goods
remain with the supplier/manufacturer until they are sold by an agent or third
party
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Demurrage – a charge for exceeding the free time allowed for loading or
unloading at a pier or freight terminal
Dishonor – refusal on the part of the drawee to accept a draft or to pay it
when due
Documents against Acceptance (D/A) – instructions given by a seller to
its bank that the documents attached to a draft for collection are deliverable to
the drawee only against the drawee's payment of the draft
Documents Against Payment (D/P) – instructions given by a seller ti its
bank that the documents attached to a draft for collection are deliverable to
the drawee only against the drawee's payment of the draft
draft – a signed order or Bill of Exchange by one party, the drawer addressed
to another, the drawee, directing the drawee to pay a specified sum of money
to the order of a third person, the payee
drawee – The party on whom a draft is drawn, and from which payment is
expected
drawer – one who signs or "draws" a draft (usually the seller, or Beneficiary
of a Letter of credit)
endorsement – a signature on the back of a negotiable instrument made
primarily for the purpose of transferring the rights of the holder to another
person
evergreen clause – a provision of a letter of Credit which allows the
expiration date to automatically extend for an additional period of time without
requiring an amendment (also known as an Automated Extension Clause)
Foreign exchange risk – the risk resulting from purchasing or selling goods
at a price denominated in a currency other than that of the purchaser or seller
Incoterms 1990 – set of definitions published by the ICC from time to time
for the interpretation of commonly used trade terms which define the
obligations of the parties and when the risk of loss passes from one party to
another
Insurance certificate – written evidence that insurance coverage is in force
Insurance policy – a contract of indemnity by which an insurance company,
in return for payment of a premium, guarantees compensation of the amount
of any loss arising from an insured casualty
International Chamber of Commerce – the body which published the
Uniform Customs and Practice for Documentary Credits, the Uniform Rules for
Collections, the Uniform Rules for Reimbursements, Incoterms 1990 and other
works commonly used in international trade
Irrevocable – a term placed on an instrument to indicate that it cannot be
cancelled or amended or terminated prior to its expiration date without the
consent of each party
Letter of Credit – an instrument issued by a bank in favor of a Beneficiary by
which the bank substitutes its own creditworthiness for that of the Applicant
by promising to honor (pay if the documents specified in the Letter of Credit
are timely presented
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Maturity Date – the date upon which a draft or acceptance becomes due for
payment
Multimodal transport – transportation of gods by more than one mode, for
instance, truck, steamship and rail
Open account – a method of payment for goods and services; a seller ships
merchandise along with the related documents to a buyer with no guarantee
of payment. The buyer then makes on its account in the manner specified in
the invoice.
Negotiable – a term placed on an instrument (draft or other document)
which allows title to be transferred from owner to owner by endorsement,
usually evidenced by the use of the words "order of" or "to order"
Negotiation – the act of purchasing complying documents under a Letter of
Credit usually with recourse to the Beneficiary
Payee – the party to whom a draft or other negotiable instrument is made
payable
Port of discharge – the port at which merchandise is offloaded from the
vessel
Port of entry – the port at which goods are admitted into the receiving
country
Port of loading – the port at which merchandise is loaded aboard a vessel
Presentation – the delivery of one or more documents to the issuing Bank or
Nominated bank for payment, acceptance or negotiation under a Letter of
credit
Promissory note – a written promise committing the signer to pay a sum to
another art a future date, usually with interest
Recourse – a term used on a negotiable instrument to indicate that the
drawer or endorser is liable to subsequent holders for payment at maturity
Red Clause – a provision in a Letter of Credit that provides for the advance of
funds to the Beneficiary prior to the presentation of the shipping documents
Revocable- a term permitting modification or cancellation of a letter of Credit
without the Beneficiary's prior agreement
Tenor – the length of time a draft (bill of exchange) is drawn to run before
presentation for payment
Terms, payment – the terms under which a seller and a buyer agree that the
exchange of goods for payment shall take place. Open account cash in
advance, Letter of Credit, consignment and documentary collection are
examples of common payment terms
Terms, shipping – stating in abbreviation form where the seller's
responsibility for the merchandise ends and where the buyer's begins. Some
examples of common shipping terms are F.O.B., F.A.S., C.I.F. C&F., and Ex-
ship.
with recourse – a term used on an instrument or endorsement to indicate
that the drawer or endorser is liable to subsequent holders form payment at
maturity
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Without recourse – a term use on an instrument or endorsement to indicate
that the drawer or endorser is not liable to subsequent holders for payment at
maturity
"x Days date" – a term used on a draft, bill of exchange, or note. If an
exporter draws a draft and stipulates payment '60days date", the draft is due
60 days after the date on which it was drawn.There fore, the maturitz is fixed
and is not dependent on the date of acceptance by the drawee
"x Days Sight" a term used on a draft, bill of exchange, or note to indicate
that payment is due on a stipulated number of days after the draft has been
sighted (accepted) by the drawee
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BIBLIOGRAPHY
1. Mayhew, Alan: Recreating Europe. The European Union's Policy towards
Central and Eastern Europe Cambridge University Press, 1998
2. Shaw, Malcolm: International Law, Cambridge University Press, 2001
3. Turcu, Fulvia: Engleza pentru afaceri, Pecomex, 1997
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