A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Any of a number of programs designed to expedite the flow of international commerce through modernizing and simplifying customs procedures, duty collection, and other procedures to which international cargo and passengers are subject. Examples of progress in facilitation include the elimination of certain export declaration requirements, more expeditious release of cargo from customs, and clearance of cargo at point of origin. facsimile (fax) (a) An office machine used to transmit a copy of a document (including graphic images) via telephone lines. (b) The physical paper output of a fax machine which is a copy of the document transmitted. Facsimile use has grown significantly in the past few years. Note that in some countries some facsimile documents are not considered legal documents. factor (a) An agent who receives merchandise under a consignment or bailment contract, who sells it for the principal or in the factor's own name, and who is paid a commission for each sale. (b) A firm, such as a finance company, that purchases another company's receivables at a discount and processes and collects the remaining account balances. factorage The commission or other compensation paid to a factor. factor's lien The right of a factor to retain the principal's merchandise until the factor receives full compensation from the principal. factoring The discounting of an account receivable in order to receive immediate payment. In international trade factoring is the discounting of a foreign account receivable that does not involve a draft. The exporter transfers title to its foreign accounts receivable to a factoring house (an organization that specializes in the financing of accounts receivable) for cash at a discount from the face value. Factoring is often done without recourse to the exporter. Factoring of foreign accounts receivable is less common than with domestic receivables. factoring houses Certain companies which purchase domestic or foreign accounts receivables (e.g., the as yet unpaid invoices to domestic and foreign buyers) at a discounted price, usually about two to four percent less than their face value. See factor; factoring. fair value (U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
facsimile (fax)
(a) An office machine used to transmit a copy of a document (including graphic images) via telephone lines. (b) The physical paper output of a fax machine which is a copy of the document transmitted. Facsimile use has grown significantly in the past few years. Note that in some countries some facsimile documents are not considered legal documents. factor (a) An agent who receives merchandise under a consignment or bailment contract, who sells it for the principal or in the factor's own name, and who is paid a commission for each sale. (b) A firm, such as a finance company, that purchases another company's receivables at a discount and processes and collects the remaining account balances. factorage The commission or other compensation paid to a factor. factor's lien The right of a factor to retain the principal's merchandise until the factor receives full compensation from the principal. factoring The discounting of an account receivable in order to receive immediate payment. In international trade factoring is the discounting of a foreign account receivable that does not involve a draft. The exporter transfers title to its foreign accounts receivable to a factoring house (an organization that specializes in the financing of accounts receivable) for cash at a discount from the face value. Factoring is often done without recourse to the exporter. Factoring of foreign accounts receivable is less common than with domestic receivables. factoring houses Certain companies which purchase domestic or foreign accounts receivables (e.g., the as yet unpaid invoices to domestic and foreign buyers) at a discounted price, usually about two to four percent less than their face value. See factor; factoring. fair value (U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
factor
(a) An agent who receives merchandise under a consignment or bailment contract, who sells it for the principal or in the factor's own name, and who is paid a commission for each sale. (b) A firm, such as a finance company, that purchases another company's receivables at a discount and processes and collects the remaining account balances. factorage The commission or other compensation paid to a factor. factor's lien The right of a factor to retain the principal's merchandise until the factor receives full compensation from the principal. factoring The discounting of an account receivable in order to receive immediate payment. In international trade factoring is the discounting of a foreign account receivable that does not involve a draft. The exporter transfers title to its foreign accounts receivable to a factoring house (an organization that specializes in the financing of accounts receivable) for cash at a discount from the face value. Factoring is often done without recourse to the exporter. Factoring of foreign accounts receivable is less common than with domestic receivables. factoring houses Certain companies which purchase domestic or foreign accounts receivables (e.g., the as yet unpaid invoices to domestic and foreign buyers) at a discounted price, usually about two to four percent less than their face value. See factor; factoring. fair value (U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
factorage
The commission or other compensation paid to a factor. factor's lien The right of a factor to retain the principal's merchandise until the factor receives full compensation from the principal. factoring The discounting of an account receivable in order to receive immediate payment. In international trade factoring is the discounting of a foreign account receivable that does not involve a draft. The exporter transfers title to its foreign accounts receivable to a factoring house (an organization that specializes in the financing of accounts receivable) for cash at a discount from the face value. Factoring is often done without recourse to the exporter. Factoring of foreign accounts receivable is less common than with domestic receivables. factoring houses Certain companies which purchase domestic or foreign accounts receivables (e.g., the as yet unpaid invoices to domestic and foreign buyers) at a discounted price, usually about two to four percent less than their face value. See factor; factoring. fair value (U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
factor's lien
The right of a factor to retain the principal's merchandise until the factor receives full compensation from the principal. factoring The discounting of an account receivable in order to receive immediate payment. In international trade factoring is the discounting of a foreign account receivable that does not involve a draft. The exporter transfers title to its foreign accounts receivable to a factoring house (an organization that specializes in the financing of accounts receivable) for cash at a discount from the face value. Factoring is often done without recourse to the exporter. Factoring of foreign accounts receivable is less common than with domestic receivables. factoring houses Certain companies which purchase domestic or foreign accounts receivables (e.g., the as yet unpaid invoices to domestic and foreign buyers) at a discounted price, usually about two to four percent less than their face value. See factor; factoring. fair value (U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
factoring
The discounting of an account receivable in order to receive immediate payment. In international trade factoring is the discounting of a foreign account receivable that does not involve a draft. The exporter transfers title to its foreign accounts receivable to a factoring house (an organization that specializes in the financing of accounts receivable) for cash at a discount from the face value. Factoring is often done without recourse to the exporter. Factoring of foreign accounts receivable is less common than with domestic receivables. factoring houses Certain companies which purchase domestic or foreign accounts receivables (e.g., the as yet unpaid invoices to domestic and foreign buyers) at a discounted price, usually about two to four percent less than their face value. See factor; factoring. fair value (U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
factoring houses
Certain companies which purchase domestic or foreign accounts receivables (e.g., the as yet unpaid invoices to domestic and foreign buyers) at a discounted price, usually about two to four percent less than their face value. See factor; factoring. fair value (U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fair value
(U.S. Customs) The reference against which U.S. purchase prices of imported merchandise are compared during an antidumping investigation. Generally expressed as the weighted average of the exporter's domestic market prices, or prices of exports to third countries during the period of investigation. In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
In some cases fair value is the constructed value. Constructed value is used if there are no, or virtually no, home market or third country sales, or if the number of such sales made at prices below the cost of production is so great that remaining sales above the cost of production provide an inadequate basis for comparison. See dumping; constructed value. F.A.K. (shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
F.A.K.
(shipping) Freight all kinds. Usually refers to consolidated cargo. family corporation See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
family corporation
See closely held corporation. FAS See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FAS
See free alongside ship; Incoterms 1990. fast track (U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fast track
(U.S.) Fast track procedures for approval of trade agreements were included by the U.S. Congress in trade legislation in 1974, in 1979, and again in the 1988 Trade Act. Fast track provides two guarantees essential to the successful negotiation of trade agreements: (1) a vote on implementing legislation within a fixed period of time, and (2) a vote, yes or no, with no amendments to that legislation. Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Provisions in the Omnibus Trade and Competitiveness Act of 1988 include that the foreign country request negotiation of an Free Trade Agreement (FTA) and that the President give the Congress a 60-legislative-day notice of intent to negotiate an FTA. During the 60-legislative-day period, either committee can disapprove fast track authority by a majority vote. Disapproval would likely end the possibility of FTA negotiations. The 60-legislative-days can translate into five to ten months of calendar time, depending on the Congressional schedule. Formal negotiations would begin following this 60-day Congressional consideration period. fathom (measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fathom
(measurement) A unit of length equal to six feet. Used primarily to measure the depth of water. fax See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fax
See facsimile. Federal Aviation Administration (FAA) (U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Federal Aviation Administration (FAA)
(U.S.) Created under the Federal Aviation Act of 1958 as the Federal Aviation Agency and charged with the responsibility of promulgating operational standards and procedures for all classes of aviation in the United States. With the creation of the cabinet level Department of Transportation in 1966, FAA became a unit within the new Department and received the new designation Federal Aviation Administration. The FAA Administrator, however, continues to be a presidential appointee and the FAA remains a separate entity with most of its former functions. In the field of air cargo FAA promulgates certain stress standards which must be met in the tiedown of cargo in flight. For information: Federal Aviation Administration, 800 Independence Avenue, #1010, Washington, DC 20591; Tel: [1] (202) 267-3484; http://www.faa.gov. federally chartered bank (U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
federally chartered bank
(U.S. banking) In the United States, a bank that has been chartered by the comptroller of currency, that belongs to the Federal Reserve System and meets the requirements for a national bank as defined under the National Bank Act. In the U.S. only federally and state chartered banks and other authorized institutions may receive deposits. Federal Maritime Commission (FMC) (U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Federal Maritime Commission (FMC)
(U.S.) The U.S. federal agency responsible for overseeing rates and practices of ocean carriers who handle cargo to or from U.S. ports. Address: Federal Maritime Commission, 800 North Capitol St. NW, Washington, DC 20573-0001; Tel: [1] (202) 523-5911; http://www.fmc.gov. Federal Reserve System (U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Federal Reserve System
(U.S. banking) The central banking system of the U.S. It has twelve Federal Reserve Banks divided up by geographical regions. The Board of Governors supervises the operations of the regional banks and coordinates monetary policy through its Federal Open Market Committee. Federal Trade Commission (FTC) (U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Federal Trade Commission (FTC)
(U.S.) Plays a key role in ensuring that consumers are protected against unfair methods of competition in the market place. Address: Federal Trade Commission, Pennsylvania Avenue and 6th Street NW, Washington, DC 20580; Tel: [1] (202) 326-2222; http://www.ftc.gov. feeder vessel (shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
feeder vessel
(shipping) A vessel used to connect with a line vessel to service a port which is not served directly by the line vessel. See line haul vessel. FEU (shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FEU
(shipping) Forty foot equivalent units. Two 20 ft. containers equal one FEU. fieri facias writ (law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fieri facias writ
(law) A judicial order issued to "cause to be done," which generally orders an officer of law or another authorized person to satisfy a judgment by seizure and sale of a debtor's property. See execution. final determination (U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
final determination
(U.S.) In antidumping investigations a final determination is made after the investigation of sales at "less than fair value" and the receipt of comments from interested parties. This determination usually is made within 75 days after the date a preliminary determination is made. However, if the preliminary determination was affirmative, the exporters who account for a significant proportion of the merchandise under consideration may request, in writing, a postponement of this determination. If the preliminary determination was negative, the petitioner may likewise request a postponement. In neither case can this postponement be more than 135 days after the date of the preliminary determination. If the final determination is affirmative and follows a negative preliminary determination, the matter is referred to the International Trade Commission (ITC) for a determination of the injury caused or threatened by the sales at less than fair value. (Had the preliminary determination been affirmative, the ITC would have begun its investigation at that time.) Not later than 45 days after the date the International Trade Administration makes an affirmative final determination, in a case where the preliminary determination also was affirmative, the International Trade Commission must render its decision on injury. Where the preliminary determination was negative, the ITC must render a decision not later than 75 days after the affirmative final determination. A negative final determination by the Assistant Secretary for Import Administration terminates an antidumping investigation. See dumping; International Trade Commission. financial instrument (banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
financial instrument
(banking/finance) A document which has monetary value, or is evidence of a financial transaction. Examples of financial instruments are: checks, bonds, stock certificates, bills of exchange, promissory notes and bills of lading. financial market (banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
financial market
(banking/finance) Market for the exchange of capital and credit in an economy. It is divided into money markets, and capital market(s). Financial Times (of London) (publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Financial Times (of London)
(publication) Considered by professionals as one of the best English-language newspapers for business and financial news. Fines, Penalties, and Forfeitures System (FPFS) (U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Fines, Penalties, and Forfeitures System (FPFS)
(U.S. Customs) A part of the U.S. Customs' Automated Commercial System, is used to assess, control, and process penalties resulting from violations of law or Customs regulations. FPFS provides retrieval of case information for monitoring case status. See Automated Commercial System. fire insurance (insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fire insurance
(insurance) Marine insurance coverage that includes both direct fire damage and also consequential damage, as by smoke or steam, and loss resulting from efforts to extinguish a fire. Includes explosion caused by fire. first world countries (economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
first world countries
(economics) Western, industrialized, non-communist countries. five dragons See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
five dragons
See five tigers; five dragons. Five-K Countries (5(k) Countries) Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Five-K Countries (5(k) Countries)
Those countries as defined under Section 5(k) of the U.S. Export Administration Amendments Act of 1985. Such countries are eligible for the same treatment as Coordinating Committee on Multilateral Export Controls (CoCom) countries in relation to export control requirements if those countries maintain comparable export control programs. See Coordinating Committee on Multilateral Export Controls. five tigers; five dragons Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
five tigers; five dragons
Terms used to describe the emerging economies of Hong Kong, Singapore, South Korea, Taiwan and Thailand. fixed charges (general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fixed charges
(general) Charges which do not vary with an increase in production or sales volume. (shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
(shipping) Charges which do not vary with an increase or decrease in traffic. fixed exchange (foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fixed exchange
(foreign exchange) (a) An administratively fixed exchange rate. With rate fixed exchange rates, no rate fluctuations are possible. (b) A concept within the European Monetary System, where all members except Britain maintain fixed exchange rates between their currencies, promoting monetary stability in Europe and throughout the world. See also European Monetary System. fixed exchange rate See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fixed exchange rate
See exchange rate; fixed exchange. fixing (foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
fixing
(foreign exchange) Establishing of the official exchange rate of a domestic currency against other negotiable currencies. flag (shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
flag
(shipping) A reference to the country of registry of a vessel. A vessel flying the flag of the country of its registry. flag of convenience (shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
flag of convenience
(shipping) The national flag flown by a ship that is registered in a country other than that of its owners (e.g., to escape taxes and high domestic wages). flammable (shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
flammable
(shipping) Any substance capable of catching fire. See flammable liquid; flammable solid. flammable liquid (shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
flammable liquid
(shipping) Liquids with a flash point less than 100°F. (UN CLASS 3) Examples are ether, acetone, gasoline, toluene and pentane. Hazards/precautions are: no flares, smoking, flames, or sparks in the hazard area; vapors are an explosion hazard; can be poisonous; check labels; if it is poisonous, it can cause death when inhaled, swallowed or touched. flammable solid (shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
flammable solid
(shipping) Any solid material which, under certain conditions, might cause fires or which can be ignited readily and burns vigorously. (UN CLASS 4) Examples are: calcium resinate; potassium, sodium amide. Hazards/precautions are: may ignite when exposed to air or moisture, may re-ignite after extinguishing; fires may produce irritation or poisonous gases; contact may cause burns to skin or eyes. flight of capital (banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
flight of capital
(banking/finance) The movement of capital, which has usually been converted into a liquid asset, from one place to another to avoid loss or to increase gain. floating (foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
floating
(foreign exchange) (a) Clean floating: Free determination of exchange rates without intervention on the part of the central bank. Correspondingly, exchange rates are determined by supply and demand on the foreign exchange market. (b) Dirty floating: Monetary policy which in principle recognizes floating exchange rates, but which tries to influence the exchange rate level through more or less frequent interventions. See floating currency. floating currency (banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
floating currency
(banking/foreign exchange) One whose value in terms of foreign currency is not kept stable (on the basis of the par value or a fixed relationship to some other currency) but instead is allowed, without a multiplicity of exchange rates, to be determined (entirely or to some degree) by market forces. Even where a currency is floating, the authorities may influence its movements by official intervention; if such intervention is absent or minor, the expression "clean float" is sometimes used. See floating. florin The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
florin
The currency of Aruba. 1F=100 cents. floor (banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
floor
(banking/finance) With cash investments, where the rate of interest is subject to adjustment to the market rate, a so-called floor can be agreed upon, i.e. for a premium, a minimum interest rate is stipulated and remains valid even if the market interest rate is lower. flotsam (shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
flotsam
(shipping) Floating debris or wreckage of a ship or a ship's cargo. See also jetsam. FOB (trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOB
(trade term) An abbreviation used in some international sales contracts, when imports are valued at a designated point, as agreed between buyer and seller, that is considered "Free on Board." In such contracts, the seller is obligated to have the goods packaged and ready for shipment from the agreed point, whether his own place of business or some intermediate point, and the buyer normally assumes the burden of all inland transportation costs and risks in the exporting country, as well as all subsequent transportation costs, including the costs of loading the merchandise on the vessel. However, if the contract stipulates "FOB vessel" the seller bears all transportation costs to the vessel named by the buyer, as well as the costs of loading the goods on to that vessel. The same principle applies to the abbreviations "FOR" (free on rail) and "FOT" (free on truck). See free on board (Incoterm); Incoterms 1990. FOB Airport (trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOB Airport
(trade term) t145 FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOB Airport is based on the same principle as the ordinary FOB term. The seller's obligations include delivering the goods to the air carrier at the airport of departure. The risk of loss of or damage to the goods is transferred from the seller to the buyer when the goods have been so delivered. See free on board (Incoterm); FOB: Incoterms 1990. FOB Destination, Freight Collect (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOB Destination, Freight Collect
(trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping the goods to the named destination point, but where the seller retains title to the goods while in transit, and the buyer is responsible for payment of freight charges upon delivery. This means that the seller is responsible for insurance for the shipment to the named destination point and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Destination, Freight Prepaid (trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOB Destination, Freight Prepaid
(trade term) A sales price quotation for the price of the goods, plus cost of shipping to the named destination point. The seller retains title to the goods while in transit, is responsible for insurance for the shipment to the named destination point, and may file a claim for any loss or damage to the goods while in transit. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Collect (trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOB Origin, Freight Collect
(trade term) A sales price quotation for the price of the goods, available to the buyer or his freight carrier at the point of origin. Title to the goods and responsibility for payment of any freight and insurance charges passes to the buyer at the point of origin. See free on board (Incoterm); FOB; Incoterms 1990. FOB Origin, Freight Prepaid and Charged (trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOB Origin, Freight Prepaid and Charged
(trade term) A sales price quotation for the price of the goods, plus seller responsibility for shipping and payment of freight charges, but where the seller collects the freight charges from the buyer by adding them to his invoice to the buyer. See free on board (Incoterm); FOB; Incoterms 1990. Food and Agricultural Organization (FAO) A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Food and Agricultural Organization (FAO)
A specialized agency of the United Nations established in 1945 to combat hunger and malnutrition. The FAO serves as a coordinating body between government representatives, scientific groups, and non-governmental organizations to carry out development programs relating to food and agriculture. Address: Food and Agriculture Organization, Via delle Terme di Caracalla, 00100 Rome, Italy; Tel: [39] 065-2251; Telex: 610181; Fax: [39] 065-225-5155. Food and Drug Administration (FDA) U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Food and Drug Administration (FDA)
U.S. governmental agency which enforces the Federal Food Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and sections of the Public Health Service Act. Address: Food and Drug Administration, Public Relations, 5600 Fishers Lane, Rockwell, MD, 20857; Tel: [1] (301) 827-7130. Food For Progress (FFP) A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Food For Progress (FFP)
A U.S. government program carried out by the Department of Agriculture, using the authority of either Public Law 480 or Section 416 of the Agricultural Act of 1949. The program provides commodities to needy countries to encourage agricultural reform. In fiscal year 1991, no agreements were signed under the FFP program. Public Law 480 is a food aid and market development program which focuses on the needs of developing countries and is aimed at establishing a U.S. presence in such markets and supporting their economic growth. Section 416 of the Agricultural Act of 1949 provides for the donation of food and feed commodities owned by Agriculture's Commodity Credit Corporation and is focused on people in developing countries. See United States Department of Agriculture. FOR (trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
FOR
(trade term) Abbreviation for "free on rail" used in connection with transportation by rail, indicating that the price covers the goods loaded on the railcar. See free on board (Incoterm); FOB; Incoterms 1990. force majeure (shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
force majeure
(shipping) Any condition or set of circumstances, such as earthquakes, floods, or war, beyond the carrier's control that prevents the carrier from performing fulfillment of their obligations. force majeure clause (law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
force majeure clause
(law/insurance/shipping) A contract clause, which usually excuses a party who breaches the contract because that party's performance is prevented by the occurrence of an event that is beyond the party's reasonable control. A force majeure clause may excuse performance on the occurrence of such events as natural disasters, labor strikes, bankruptcy, or failure of subcontractors to perform. If a force majeure clause is not expressly included in a contract, a legal action may be brought on the basis that such a clause should be implied under the doctrine of commercial frustration or commercial impracticability. See commercial frustration; commercial impracticability. foreign affiliate See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign affiliate
See affiliate. foreign affiliate of a foreign parent (U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign affiliate of a foreign parent
(U.S.) Any member of an affiliated foreign group owning a U.S. affiliate that is not a foreign parent of the U.S. affiliate. See affiliate. Foreign Agricultural Service (FAS) (U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Agricultural Service (FAS)
(U.S.) An agency of the U.S. Department of Agriculture (USDA). FAS maintains a global network of agricultural officers as well as a Washington-based staff to analyze and disseminate information on world agriculture and trade, develop and expand export markets, and represent the agricultural trade policy interests of U.S. producers in multilateral forums. FAS also administers USDA's export credit and concessional sales programs. Address: Information Staff, Foreign Agriculture Service, Department of Agriculture, Washington, DC 20250; Tel: (202) 720-7115. Foreign Assets Control (FAC) (U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Assets Control (FAC)
(U.S.) An agency of the U.S. Treasury Department that administers sanctions programs involving specific countries and restricts the involvement of U.S. persons in third country strategic exports. Address: Office of Foreign Assets Control, Department of Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220; Tel: [1] (202) 622-2480; Fax-on-demand: [1] (202) 622-0077 to request licensing. Foreign Assistance Act of 1991 (U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Assistance Act of 1991
(U.S.) This Act replaced the Support for East European Democracy (SEED) Act. The Foreign Assistance Act allows support to 26 countries, including all East European nations and most of the former Soviet republics. foreign availability (U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign availability
(U.S.) The U.S. Bureau of Export Administration conducts reviews to determine the foreign availability of selected commodities or technology subject to U.S. export control. The reviews use four criteria to determine foreign availability: comparable quality, availability-in-fact, foreign source, and adequacy of available quantities that would render continuation of the U.S. control ineffective in meeting its intended purpose. A positive determination of foreign availability means that a non-U.S. origin item of comparable quality may be obtained by one or more proscribed countries in quantities sufficient to satisfy their needs so that U.S. exports of such item would not make a significant contribution to the military potential of such countries. A positive determination may result in the decontrol of a U.S. product that has been under export control, or the approval of an export license. However, the control may be maintained if the President invokes the national security override provision. Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Beginning with the 1977 amendments to the Export Administration Act, the Congress directed that products with foreign availability be identified and decontrolled unless essential to national security. In January 1983, a program to assess the foreign availability of specific products was established within the Office of Export Administration, now the Bureau of Export Administration, or BXA. Further, 1985 amendments to the Act directed that an Office of Foreign Availability be created. See Bureau of Export Administration. foreign bills (banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign bills
(banking) Bills of exchange or drafts drawn on a foreign party and denominated in foreign currency. See bill of exchange. foreign bond (banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign bond
(banking/finance) An international bond denominated in the currency of the country where it is issued. Foreign Buyer Program See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Buyer Program
See International Buyer Program. foreign commerce (trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign commerce
(trade) Trade between individuals or legal entities in different countries. Foreign Corrupt Practices Act (FCPA) (U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Corrupt Practices Act (FCPA)
(U.S. law) The FCPA makes it unlawful for any United States citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to offer, pay, transfer, promise to pay or transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected government official, foreign political party, or candidate for a foreign political office for a corrupt purpose, (that is, to influence a discretionary act or decision of the official) and for the purpose of obtaining or retaining business. It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
It is also unlawful for a U.S. business owner to make such an offer, promise, payment, or transfer to any person if the U.S. business owner knows, or has reason to know, that the person will offer, give, or promise directly or indirectly all or any part of the payment to a foreign government official, political party, or candidate. For purposes of the FCPA, the term knowledge means actual knowledge--the business owner in fact knew that the offer, payment, or transfer was included in the transaction--and implied knowledge--the business owner should have known from the facts and circumstances of a transaction that the agent paid a bribe, but failed to carry out a reasonable investigation into the transaction. The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
The provisions of the FCPA do not prohibit payments made to facilitate a routine government action. A facilitating payment is one made in connection with an action that a foreign official must perform as part of the job. In comparison, a corrupt payment is made to influence an official's discretionary decision. For example, payments are not generally considered corrupt if made to cover an official's overtime required to expedite the processing of export documentation for a legal shipment of merchandise, or to cover the expense of additional crew to handle a shipment. Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Any person may request the Department of Justice to issue a statement of opinion on whether specific proposed business conduct would be considered a violation of the FCPA. The opinion procedure is detailed in 28 C.F.R. Part 77. If the Department of Justice issues an opinion stating that certain conduct conforms with current enforcement policy, conduct in accordance with that opinion is presumed to comply with FCPA provisions. Contact: United States Department of Justice, Washington, DC. Foreign Credit Insurance Association (U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Credit Insurance Association
(U.S.) An agency established in 1961 to offer insurance covering political and commercial risks on U.S. export receivables in partnership with the Export-Import Bank (Eximbank) of the United States. The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
The FCIA was founded in 1961 as a partnership of the Eximbank and a group of private insurance companies. Eximbank is responsible for the political risk and may underwrite or reinsure the commercial risk. The FCIA acts as an agent responsible for the marketing and daily administration of the program. Address: F.C.I.A. Management Co., Inc., 40 Rector St., 11th Floor, New York, NY 10006; Tel: [1] (212) 306-5084. See Export-Import Bank of the United States. foreign currency (banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign currency
(banking) The currency of any foreign country which is the authorized medium of circulation and the basis for record keeping in that country. Foreign currency is traded in by banks either by the actual handling of currency or checks, or by establishing balances in foreign currency with banks in those countries. foreign currency account (banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign currency account
(banking) An account maintained in a foreign bank in the currency of the country in which the bank is located. Foreign currency accounts are also maintained by banks in the United States for depositors. When such accounts are kept, they usually represent that portion of the carrying bank's foreign currency account that is in excess of its contractual requirements. foreign direct investment in the United States (FDIUS) (foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign direct investment in the United States (FDIUS)
(foreign investment) Foreign direct investment in the United States is the ownership or control, directly or indirectly, by a single foreign person (an individual, or related group of individuals, company, or government) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including real property. Such a business is referred to as a U.S. affiliate of a foreign direct investor. See Committee on Foreign Investment in the United States; foreign person; portfolio investment; affiliate; United States Affiliate. foreign draft (banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign draft
(banking) A draft drawn by an individual (drawer) or bank in one country on another individual (drawee) or bank in another country. See bill of exchange. Foreign Economic Trends (publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Economic Trends
(publication) Reports prepared by U.S. embassies abroad to describe foreign country economic and commercial trends and trade and investment climates. The reports describe current economic conditions; provide updates on the principal factors influencing development and the possible impacts on American exports; review newly announced foreign government policies as well as consumption, investment, and foreign debt trends. Available from: Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402; Tel: [1] (202) 512-1800. foreign exchange (banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange
(banking/foreign exchange) Current or liquid claims payable in foreign currency and in a foreign country (bank balances, checks, bills of exchange). Not to be confused with foreign bank notes and coin, which are not included in this definition. See also bank notes. foreign exchange auctions (foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange auctions
(foreign exchange) Auctions of foreign currency, as used in some developing countries, whereby the price obtained for the foreign currency at the auction is the rate of exchange applied till the next auction. foreign exchange contract (foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange contract
(foreign exchange) A contract for the sale or purchase of foreign exchange specifying an exchange rate and delivery date. foreign exchange control (foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange control
(foreign exchange) Governmental control and supervision of: transactions within the country involving its currency, foreign exchange for imports and exports, capital movements of any currency or monetary instruments into and out of the country, and expenditures of currency by its own citizens traveling abroad. foreign exchange desk (Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange desk
(Federal Reserve Bank) The foreign exchange trading desk at the New York Federal Reserve Bank. The desk undertakes operations in the exchange markets for the account of the Federal Open Market Committee, as agent for the U.S. Treasury and as agent for foreign central banks. foreign exchange holdings (foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange holdings
(foreign exchange) Holdings of current or liquid foreign exchange claims denominated in the currency of another country. foreign exchange market (foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange market
(foreign exchange) (a) The worldwide system of contacts, either by telephone, teleprinter or in writing, which take place between non-bank foreign exchange dealers and foreign exchange traders at banks as well as foreign exchange traders amongst themselves, where the monies of different countries are bought and sold. (b) Wherever foreign exchange rates are determined. foreign exchange rate (foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange rate
(foreign exchange) The price of one currency in terms of another. foreign exchange trader (foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange trader
(foreign exchange) An individual engaged in the business of buying and selling foreign exchange on his own account or as an employee of a bank or other business authorized to deal in foreign exchange. foreign exchange trading (foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange trading
(foreign exchange) Buying and selling of foreign exchange, holding of currency positions, foreign exchange arbitrage, and foreign exchange speculation on the foreign exchange market. foreign exchange transactions (foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exchange transactions
(foreign exchange) The purchase or sale of one currency with another. Foreign exchange rates refer to the number of units of one currency needed to purchase one unit of another, or the value of one currency in terms of another. foreign exports (U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign exports
(U.S.) The U.S. export of foreign merchandise (re-exports), consisting of commodities of foreign origin which have entered the United States for consumption or into Customs bonded warehouses or U.S. Foreign Trade Zones, and which, at the time of exportation, are in substantially the same condition as when imported. See reexport. foreign flag (shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign flag
(shipping) A reference to a carrier not registered in a country, but which flies that country's flag. The term applies to both air and sea transportation. foreign freight forwarder See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign freight forwarder
See freight forwarder. foreign income (economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign income
(economics-U.S.) Income earned by Americans from work performed in another country. Under the Tax Reform Act of 1976, the amount of annual income that can be excluded from taxable income by Americans working abroad was reduced from $20,000 (in some cases from $25,000) to $15,000. Foreign employees of U.S. charitable organizations are able to exclude $20,000 each year. foreign investment (banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign investment
(banking) The purchase of assets from abroad. foreign investments (economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign investments
(economics) The flow of foreign capital into U.S. business enterprises in which foreign residents have significant control. Foreign Labor Trends (publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Labor Trends
(publication) Published by U.S. Department of Labor, provides an overview of the labor sector of a country's economy. Includes information on labor standards, conditions of employment, human resource development and labor relations. Can be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; Tel: [1] (202) 512-1800. foreign market value The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign market value
The price at which merchandise is sold, or offered for sale, in the principal markets of the country from which it is exported. (U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
(U.S.) In U.S. dumping investigations, if information on foreign home market sales is not available, the foreign market value is based on prices of exports to third countries or constructed value. Adjustments for quantities sold, circumstances of sales, and differences in the merchandise can be made to those prices to ensure a proper comparison with the prices of goods exported to the United States. See dumping; constructive value. foreign military sales (FMS) See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign military sales (FMS)
See conventional arms transfer. foreign-owned affiliate in the U.S. (U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign-owned affiliate in the U.S.
(U.S.) A business in the United States in which there is sufficient foreign investment to be classified as direct foreign investment. To determine fully the foreign owners of a U.S. affiliate, three entities must be identified: the foreign parent, the ultimate beneficial owner, and the foreign parent group. All these entities are "persons" in the broad sense: thus, they may be individuals; business enterprises; governments; religious, charitable, and other nonprofit organizations; estates and trusts; or associated groups. A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
A U.S. affiliate may have an ultimate beneficial owner (UBO) that is not the immediate foreign parent; moreover, the affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign person. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
See also United States Affiliate; foreign parent group; person; ultimate beneficial owner; affiliate; foreign parent. foreign parent (U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign parent
(U.S.) The first foreign person or entity outside the United States in an affiliate's ownership chain that has direct investment in the affiliate. The foreign parent consists only of the first person or entity outside the United States in the affiliate's ownership chain; all other affiliated foreign persons are excluded. foreign parent group (FPG) (U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign parent group (FPG)
(U.S.) Consists of: (a) the foreign parent, (b) any foreign person or entity, proceeding up the foreign parent's ownership chain, that owns more than 50 percent of the party below it, up to and including the ultimate beneficial owner (UBO), and (c) any foreign person or entity, proceeding down the ownership chain(s) of each of these members, that is owned more than 50 percent by the party above it. A particular U.S. affiliate may have several ownership chains above it, if it is owned at least 10 percent by more than one foreign party. In such cases, the affiliate may have more than one foreign parent, UBO, and/or foreign parent group. See also United States Affiliate; affiliate; ultimate beneficial owner. foreign person (U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign person
(U.S.) A foreign person is any person resident outside the United States or subject to the jurisdiction of a country other than the United States. "Person" is any individual, branch, partnership, association, associated group, estate, trust, corporation, or other organization (whether or not organized under the laws of any state), and any government (including a foreign government, the U.S. government, a state or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government sponsored agency.) foreign policy controls (U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign policy controls
(U.S.) U.S. export controls that are distinct from national security controls (such as the Coordinating Committee in Multilateral Export Controls or other international agreements) and are imposed to further U.S. foreign policy. The controls are typically imposed in response to developments in a country or countries--such as considerations regarding terrorism and human rights--or to developments involving a type or types of commodities and their related technical data. Foreign policy controls expire annually, unless extended. foreign remittances (banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign remittances
(banking) The transfer of any monetary instrument across national boundaries. foreign sales agent An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign sales agent
An individual or firm that serves as the foreign representative of a domestic supplier and seeks sales abroad for the supplier. Foreign Service (U.S.) (U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Service (U.S.)
(U.S. diplomacy) The Foreign Service supports the President of the United States and the Secretary of State in pursuing America's foreign policy objectives. Foreign service functions include: representing U.S. interests; operating U.S. overseas missions; assisting Americans abroad; public diplomacy and reporting; and communicating and negotiating political, economic, consular, administrative, cultural, and commercial affairs. The Foreign Service comprises officers from the Departments of State, Commerce, and Agriculture and the United States Information Service. See commercial officers; economic officers. Foreign Service Institute (U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Service Institute
(U.S. government) The FSI was founded in 1946 to train U.S. foreign and civil service officials. Training courses cover administrative, consular, economic, commercial, and political work; foreign languages; and diplomatic life overseas. Address: Foreign Service Institute, National Foreign Affairs Training Center, 4000 Arlington Blvd., Arlington, VA 22204-1500. Tel: (703) 302-6729. foreign status merchandise (U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign status merchandise
(U.S. foreign trade zones) Imported merchandise which has not been released from U.S. Customs custody. Also refers to domestically-produced merchandise which has been exported and later reimported into the U.S. See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
See foreign trade zone; Foreign Trade Zone Board; Foreign Trade Zone Act; grantee; operator; zone user; subzone. Foreign Traders Index (FTI) (publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Foreign Traders Index (FTI)
(publication) The foreign traders index is the U.S. and Foreign Commercial Service (US&FCS) headquarters compilation of overseas contact files, intended for use by domestic U.S. businesses. The FTI includes background information on foreign companies, address, contact person, sales figures, size of company, and products by SIC code. Contact: U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-5777; Fax: (202) 482-5013. foreign trade zone (FTZ) FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
foreign trade zone (FTZ)
FTZs (or free zones, free ports, or bonded warehouses) are special commercial and industrial areas in or near ports of entry where foreign and domestic merchandise, including raw materials, components, and finished goods, may be brought in without being subject to payment of customs duties. Merchandise brought into these zones may be stored, sold, exhibited, repacked, assembled, sorted, graded, cleaned, or otherwise manipulated prior to reexport or entry into the national customs territory. (U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
(U.S.) FTZs are restricted-access sites in or near ports of entry, which are licensed by the Foreign-Trade Zones Board and operated under the supervision of the U.S. Customs Service. Zones are operated under public utility principles to create and maintain employment by encouraging operations in the U.S. which might otherwise have been carried on abroad. Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Subzones are a special-purpose type of ancillary zone authorized by the Board for companies unable to operate effectively at public zone sites. Subzones may be approved when it can be demonstrated that the activity to be performed there will result in significant public benefit and is in the public interest. A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
A Foreign Trade Zones Board, created by the Foreign Trade Zones Act of 1934, reviews and approves applications to establish, operate, and maintain foreign trade zones. See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
See free trade area; grantee; operator; zone user, subzones; free trade agreement. Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.
Location of and general information on U.S. Foreign Trade Zones may be obtained from Foreign Trade Zones Board, Department of Commerce, Washington, DC 20230; Tel: [1] (202) 482-2862; Fax: [1] (202) 482-0002.