3.2 在与新交易对手进行交易之前（的准备）-Before entering into a transaction with a new counterparty
- 3.2.1 Potential dangers to avoid
- 3.2.2 Sanctions
- 3.2.3 Prerequisites
In purely domestic transactions, it is usually possible for a prudent business（审慎经营） to obtain information on potential new business partners. It may be possible to visit the other party, obtain a bank reference, or seek formal advice from trade associations or informal advice from others in the same trade.Communication, including face‑to‑face meetings, is relatively straightforward compared to dealing with businesses located overseas.
International business transactions need the same degree of due diligence as domestic transactions, and there are additional potential complications, such as fraud or sanctions, which are less likely to be an issue in purely domestic business. Before proceeding in a transaction with a new counterparty located overseas, a business should undertake a preliminary analysis based on the well‑known
PESTLE system.
A business should also consider the risks laid out in section 2.1. In addition, many
banks and other institutions provide ‘country guides’. The golden rule is to make full use of the services provided by organisations such as banks, trade bodies and chambers of commerce, as well as government departments. This will allow the business to obtain advice on the local business practices and information about the potential counterparty.
**PESTLE
The PESTLE model is often used to assess the impact of external factors that affect a business and the market in which it operates.
It stands for:
Political， Economic， Social，Technological， Legal， Environmental
These are the factors that a business must contemplate before entering into an overseas market.
Before entering into a contract with a counterparty, the business might proceed as follows:
- Check creditworthiness（信誉） via an international credit reference agency.
- Ask for references.
- Check reputation with an overseas trade body, if such a body exists for the type of
transaction under consideration. - See whether the seller’s own bank can obtain a status report（公司的现状报告） via the banking system.However, many banks have ceased offering such a service or have become reluctant to do so due to compliance rules, privacy considerations and an enhanced sensitivity to liability in case such a report is abused.
- Examine the published accounts（已公开的账务） if available.
- Obtain bank account details, such as the IBAN if in a country that uses these. After obtaining the information, seek confirmation from a separate source within the
counterparty business that the details are correct. However, due to privacy rules, banks are not allowed to provide information about their customers – they are not even supposed to indicate whether a business is a customer or not.
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