Chapter 5
Export Channels of DistributionExport Channels of Distribution
Global competition is motivating firms to seek innovative ways of enter-
ing new markets. Export managers have to decide which marketing func-
tions are to be delegated to other intermediaries or partners and which are to
be performed internally. Selecting and managing the right distribution sys-
tems is the key to successful internationalization. They provide a competitive
advantage in global markets by helping identify market opportunities. Chan-
nels are also more difficult to change and thus require careful planning.
Williamson (1991) argues that contracting is determined by the gover-
nance mechanism that seeks to minimize transaction costs. He states that
“assets specificity, uncertainty, and frequency” determine the efficient trans-
actiongovernance form. Specificassetsareinvolvedininvestments made in
market research, branding, product design, and human assets. “Uncertainty”
refers to changes in market forces stemming from individuals’ limited in-
formation or opportunistic motives of other actors. “Frequency” concerns
frequency and volume of transactions. Studies indicate that asset specific-
ity, uncertainty, and frequency in volume of transactions are associated with
direct forms of market entry (vertical integration). There is an incentive to
integrate distribution channels to minimize transaction costs (McNaughton,
1996; Tesfom, Lutz, and Ghauri, 2004). In many developing countries, di-
rect entry may be needed, in spite of their limited market size, due to the
problem of asset specificity and lack of contract enforcing institutions.
Export firms can be involved in two principal channels of distribution
when marketing abroad:
Indirect channels. With indirect channels, the firm exports through an
independent local middleman who assumes responsibility for moving the
product overseas. Indirect exporting entails reliance on another firm to act
as a sales intermediary and to assume responsibility formarketing and ship-
ping the product overseas. The manufacturer incurs no start-up cost, and this
Export-Import Theory, Practices, and Procedures, Second Edition
95
method provides small firms with little experience in foreign trade access to
overseas markets without their direct involvement. However, using indirect
channels has certain disadvantages: (1) the manufacturer loses control over
the marketing of its product overseas, and (2) the manufacturer’s success
totally depends on the initiative and efforts of the chosen intermediary. The
latter could provide low priority to, or even discontinue marketing, the firm’s
products when the competitor’s product provides a better sales or profit
potential.
Direct channels. With direct channels, the firm sells directly to foreign
distributors, retailers, or trading companies. Direct sales can also be made
through agents located in a foreign country. Direct exporting can be expen-
sive and time consuming. However, it offers manufacturers opportunities to
learn about their markets and customers in order to forge better relation-
ships with their trading partners. It also allows firms greater control over
various activities. Heli Modified,Inc.,ofMaine,which manufactures custom-
made handles for motorcycles, attributes much of its export success to U.S.
government agencies as well as its international network of sales agents and
distributors. The company now exports to approximately twenty-five coun-
tries on four continents.
The decision to market products directly or use the services of an inter-
mediary is based on several important factors.
International Marketing Objectives of the Firm
The marketing objectives of the firm with respect to sales, market share,
profitability, and level of financial commitment will often determine chan-
nel choice. Direct exporting is likely to provide opportunities for high profit
margins even though it requires a high degree of financial commitment.
Manufacturer’s Resources and Experience
A direct channel structure may be neither feasible nor desirable in light
of the firm’s limited resources and/or commitment. Small to medium-sized
firms appear to use indirect channels due to their limited resources and small
export volumes, whereas large firms use similar channels because of trade
barriers in the host country that may restrict or prohibit direct forms of own-
ership (Kogut, 1986). Firms tend to use independent intermediaries during
the early phases of their internationalization efforts compared to those with
greater experience (Anderson and Coughlin, 1987; Kim, Nugent, and Yhee,
1997).
96 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
Availability and Capability of Intermediary
Every country has certain distribution patterns that haveevolved over the
years and are complemented by supportive institutions. Firms that have used
specific types of distribution channels in certain countries may find it diffi-
cult to use similar channels in other countries. This occurs in cases in which
distributors have exclusive arrangements with other suppliers/competitors
or when such channels do not exist.
Customer and Product Characteristics
If the number of consumers is large and concentrated in major population
centers, the company may opt for direct or multiple channels of distribution.
In Japan, for example, over half of the population lives in the Tokyo-Nagoya-
Osaka market area (Cateora, 1996). Another factor is that customers may
also have developed a habit of buying from a particular channel and are re-
luctant to change in the short term.
Direct exporting is often preferable if customers are geographically ho-
mogeneous, have similar buying habits, and are limited in number, which
allows for direct customer contact and greater control (Seifert and Ford,
1989). The choice of channel structure is primarily dictated by market con-
siderations. However, in certain situations, the nature of the product deter-
mines channel choice. In a study on export channels of distribution in the
United States, 52.7 percent of the respondents indicated that the distribu-
tion was primarily dictated by the market, while 15.5 percent stated that the
choice was dictated by the nature of the product exported (Seifert and Ford,
1989). For example, industrial equipment of considerable size and value that
requires more after-sales service is usually exported to the user or through
the use of other direct channels. Direct channels are also frequently used for
products of a perishable nature or high unit value (since it will bring more
profit) or for products that are custom-made or highly differentiated. Smaller
equipment, industrial supplies, and consumer goods, on the other hand, tend
to have longer channels. In Canada, for example, consumer goods are pur-
chased by importing wholesalers, department stores, mail-order houses,
chain stores, and single-line retailers.
Marketing Environment
The use of direct channels is more likely in countries that are more similar
in culture to the exporter’s home country. Forexample, U.S. sales to Canada
are characterized by short (direct) marketing channels compared to the
Export Channels of Distribution 97
indirect channels used in Japan and Southeast Asia. In certain cases, firms
have limited options in the selection of appropriate channels for their prod-
ucts. In the lumber industry, the use of export intermediaries is the norm in
many countries. In Finland, over 90 percent of distribution of nondurable
consumer goods is handled by four wholesale chains. Exporters have to use
these distribution channels to gain a significant penetration of the market
(Czinkota, Ronkainen, and Moffett, 2003). Legislation in certain countries
requires that foreign firms be represented by local firms that are wholly
owned by nationals of the country. Exporters must market their goods indi-
rectly by appointing a local agent or distributor. Some studies support the
use of direct/integrated channels when there is a high degree of environ-
mental uncertainty. The establishment of integrated channels is intended to
place the firmcloser to the market so as to react and adapt to unforeseen cir-
cumstances (Klein, Frazier, and Roth, 1990).
Control and Coverage
A direct or integrated channel affords the manufacturer more control
over its distribution and its link to the end user. However, it is not a practical
option for firms that do not have adequate foreign market knowledge or the
necessary financial, operational, and strategic capabilities.
Firms that use indirect channels are still able to exercise control mecha-
nisms to coordinate and influence foreign intermediary actions. Two types
of controls are available for the manufacturer/exporter: process controls and
output controls. Under process controls, the manufacturer’s intervention is
intended to influence the means intermediaries use to achieve desirable ends
(selling technique, servicing procedure, promotion, etc.). Output controls
are used to influence indirectly the ends achieved by the distributor. The lat-
ter includes monitoring sales volume, profits, and other performance-based
indicators (Bello and Gilliland, 1997). It is important to note the following
salient points with respect to manufacturers’coordination and control of in-
dependent foreign intermediaries:
Manufacturersmust rely on both unilateral and bilateral (collaboration)
control mechanisms in order to organize and manage their export rela-
tionships with independent foreign intermediaries.
The use of output controls tends to have a positive impact on foreign
intermediaries’overall performance. Process controls, however, do not
appear to account for performance benefits, largely due to manufac-
turers’ inadequate knowledge of foreign marketing procedures.
98 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
Firms that export highly technical and sophisticated products tend to
exercise high levels of control (process and output controls) over for-
eign intermediaries in order to protect their proprietary rights (trade
secrets/know-how) as well as to address unique customer needs.
In terms of coverage, firms that use longer channels tend to use different
intermediaries (intensive coverage). However, recent studies show a positive
relationship between channel directness and intensive coverage. This means
that firms employing direct methods to reach their overseas customers tend
to use a large number of different types of channel intermediaries.
Types of Intermediaries
One of the distinguishing features of direct and indirect channel alterna-
tives is the location of the second channel. If the second channel is located
in the producer’s country, it is considered an indirect channel, whereas if it
is located in the buyer’s country, it is assumed to be a direct channel. This
means that agents, distributors, or other middlemen could be in either cate-
gory, depending on whether they are located in the buyer’s or seller’s coun-
try. Channel alternatives are also defined on the basis of ownership of the
distribution channel: a direct channel is one owned and managed by the com-
pany, as opposed to one in which distribution is handled by outside agents
and middlemen. A firm’s channel structure is also defined in terms of the
percentage of equity held in the distribution organization: majority owner-
ship (greater than 50 percent) is treated as a direct or integrated channel,
while less than majority ownership is considered an indirect channel. The
first definition of channel alternatives is used in this chapter.
INDIRECT CHANNELS
Several intermediaries are associated with indirect channels and each
type offers distinct advantages. Indirect channels are classified here on the
basis of their functions.
Exporters That Sell on Behalf of the Manufacturer
Manufacturer’s Export Agents (MEAs)
Manufacturer’s export agents usually represent various manufacturers of
related and noncompeting products. They may also operate on an exclusive
basis. It is an ideal channel to use especially in cases involving a widespread
Export Channels of Distribution 99
or thin overseas market. It is also used when the product is new and demand
conditions are uncertain. The usual roles of the MEA are as follows:
Handle direct marketing, promotion, shipping, and sometimes financ-
ing of merchandise. The agent does not offer all services.
Take possession but not title to the goods. The MEA works for com-
mission; risk of loss remains with the manufacturer.
Represent the manufacturer on a continuous or permanent basis as
defined in the contract.
Export Management Companies (EMCs)
Export management companies act as the export department for one or
several manufacturers of noncompetitive products. Over2,000 EMCs in the
United States provide manufacturers with extensive services that include,
but are not limited to, market analyses, documentation, financial and legal
services, purchase for resale, and agency services (locating and arranging
sale). An EMC often does extensive research on foreign markets, conducts
its own advertising and promotion, serves as a shipping/forwarding agent,
and provides legal advice on intellectual property matters. It also collects
and furnishes credit information on overseas customers.
Most EMCs are small and usually specialize by product, foreign market,
or both. Some are capable of performing only limited functions such as stra-
tegic planning or promotion. Export management companies solicit and
carry on business in their own name or in the name of the manufacturer for
a commission, salary, or retainer plus commission. Occasionally, they pur-
chase products by direct payment or financingfor resale to their own custom-
ers. Export management companies may operate as agents or distributors.
The following are some of the disadvantages of using EMCs:
Manufacturer may lose control over foreign sales. To retain sufficient
control, manufacturers should ask for regular reports on marketing ef-
forts, promotion, sales, and so forth. This right to review marketing
plans and efforts should be included in the agreement.
Export management companies that work on commission may lose
interest if sales do not happen immediately. They may be less interested
in new or unknown products and may not provide sufficient attention
to small clients.
Exporters may not learn international business since EMCs do most
of the work related to exports.
Despite these disadvantages, EMCs have marketing and distribution
contacts overseas and provide the benefit of economies of scale. Export
100 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
management companies obtain low freight rates by consolidating ship-
ments of several principals. By providing a range of services, they also help
manufacturers to concentrate on other areas.
Export Trading Companies (ETCs)
Trading companies are the most traditional and dominant intermediary
in many countries. In Japan, they date back to the nineteenth century and in
Western countries, their origins can be traced back to colonial times. They
are also prevalent in many less developed countries. They are demand driven;
that is, they identify the needs of overseas customers and often act as inde-
pendent distributors linking buyers and sellers to arrange transactions. They
buy and sell goods as merchants taking title to the merchandise. Some work
on a commission. They may also handle goods on consignment.
In the United States, an ETC is a legally defined entity under the Export
Trading Company Act. It is difficult to set up ETCs unless certain special
certifications and requirements are met: the U.S. Export Trading Act allows
bank participation in trading companies thus facilitating better access to
capital and more trading transactions. Antitrust provisions were also re-
laxed to allow firms to form joint ventures and share the cost of developing
foreign markets. By 2002, about 186 individual ETCs covering more than
5,000 firms had been certified by the U.S. Department of Commerce. Trade
associations often apply for certification for their members. To be effective,
ETCs must balance between the demands of the markets and the supply of
the members (trade association; see International Perspective 5.1).
Trading companies offer services to manufacturers similar to those pro-
vided by EMCs. However, there are some differences between the two
channels:
Trading companies offer more services and have more diverse prod-
uct lines than export management companies. Trading companies are
also larger and better financed than EMCs.
Trading companies are not exclusively restricted to export-import ac-
tivities. Some are also engaged in production, resource development,
and commercial banking. Korean trading companies, such as Daewoo
and Hyundai, for example, are heavily involved in manufacturing. Some
trading companies, such as Mitsubishi (Japan) and Cobec (Brazil),
are affiliated with banks and engaged in extension of traditional bank-
ing into commercial fields (Meloan and Graham, 1995).
The disadvantages of ETCs are similar to the ones mentioned for EMCs.
Export Channels of Distribution 101
Exporters That Buy for Their Overseas Customers
Export Commission Agents (ECAs)
Export commission agents represent foreign buyers such as import firms
and large industrial users and seek to obtain products that match the buyer’s
preferences and requirements. They reside and conduct business in the
102 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
INTERNATIONAL PERSPECTIVE 5.1.
Export Trading Companies in Global Markets
Trading companies have been the most traditional channels for interna-
tional commercial activity. Trading companies supported by governments,
such as the English East India Company (1600), the Dutch East India Com-
pany (1602), and the French Compagme des Indes Orientales (1664),
were established and enjoyed not only exclusive trading rights but also mil-
itary protection in exchange for tax payments. Today, trading companies
also perform the important function of exporting, importing, investing, and
countertrading. In Japan, for example, the Sogo Shosha, which includes
the top nine trading companies such as Mitsubishi and Mitsui, conducts
about two-thirds of the country’s imports and a half of its exports.In Korea,
trading companies similar in scope to the Sogo Shosha (Daewoo, Hyundai,
Samsung) are responsible for a substantial part of the country’s exports
and imports. In addition to trade, trading companies in these countries are
involved in mega projects, participate in joint ventures and act as financial
deal makers. The success of these conglomerates is due to: (1) extensive
market information that allows for product or area diversification, (2) econ-
omies of scale that allows them to obtain preferential freight rates, etc.,
and (3) preferential access to capital markets that makes it easy to under-
take large or risky transactions.
In view of the success of these trading companies, Brazil, Turkey, and
the United States have enacted domestic legislation that allows the estab-
lishment of trading companies. The Brazilian Decree (No. 1298) of 1972,
for example, sets up conditions for the registration of new enterprises with
the government and allows local producers to export by selling to a trading
company without losing their export incentives. In the United States, the
Export Trading Company Act of 1982 allows businesses to join together to
export goods and services or to assist unrelated companies to export their
products without fear of violating antitrust legislation.Bank participation in
trading companies was permitted to enable better access to capital. The
legality of any action can be ascertained by precertification of planned
activities with the U.S. Department of Commerce.
exporter’s country and are paid a commission by their foreign clients. In cer-
tain cases, ECAs may be foreign government agencies or quasi-government
firms empowered to locate and purchase desired goods. They could operate
from a permanent office location in supplier countries or undertake foreign
government purchasing missions when the need arises. In some countries,
the exporter may receive payment from a confirming house when the goods
are shipped. The confirming house may also carry out some functions
performed by the commission agent or resident buyer (making arrange-
ments for the shipper, and so on). For the exporter, this is an easy way to ac-
cess a foreign market. There is little credit risk, and the exporter has only to
fill the order.
Another variation of the ECA is the resident buyer. The major factor that
distinguishes the resident buyer from other ECAs is that in the case of the
former, a long-term relationship is established in which the resident buyer
not only undertakes the purchasing function for the overseas principal at the
best possible price, but also ensures timely delivery of merchandise and
facilitates principal’s visits to suppliers and vendors. This allows foreign
buyers to maintain a close and continuous contact with overseas sources of
supply. One disadvantage of using such channels is that the exporter has lit-
tle control over the marketing of products (Onkvisit and Shaw, 1997).
Exporters That Buy and Sell for Their Own Accounts
Export Merchants
Export merchants purchase products directly from manufacturers, pack
and mark them according to their own specifications, and resell to their over-
seas customers. They take title to the goods and sell under their own names,
and, hence, assume all risks associated with ownership. Export merchants
generally handle undifferentiated products or products for which brands are
not important. In view of their vast organizational networks, they are a pow-
erful commercial entity dominating trade in certain countries.
When export merchants, after receiving an order, place an order with the
manufacturer to deliver the goods directly to the overseas customer, they
are called export drop shippers. In this case, the manufacturer is paid by the
drop shipper, who in turn, is paid by the overseas buyer. Such intermediar-
ies are commonly used to export bulky (high-freight), low-unit value prod-
ucts such as construction materials, coal, lumber, and so forth.
Another variation of export merchant is the export distributor (located
in the exporter’s country). Export distributors have exclusive rights to sell
manufacturers’products in overseas markets. They represent several manu-
facturers and act as EMCs.
Export Channels of Distribution 103
The disadvantage of export merchants as export intermediaries relates to
lack of control over marketing, promotion, or pricing.
Cooperative Exporters (CEs)
These are manufacturers or service firms that sell the products of other
companies in foreign markets along with their own (Ball et al., 2004). This
generally occurs when a company has a contract with an overseas buyer to
provide a wide range of products or services. Often, the company may not
have all the products required under the contract and turns to other companies
to provide the remaining products. The company (providing the remaining
products) could sell its products without incurring export marketing or dis-
tribution costs. This helps small manufacturers that lack the ability/resources
to export. This channel is often used to export products that are complemen-
tary to that of the exporting firm. A good example of this is the case of a
heavy equipment manufacturer that wants to fill the demand of its overseas
customers for water drilling equipment. The heavy equipment company ex-
ports the drilling equipment along with its product to its customers (Sletten,
1994). Companies engage in cooperative exporting in order to broaden the
product lines they offer to foreign markets or to bolster decreasing export
sales. In the 1980s, for example, the French chemical company Rhone-
Poutenc sold products of several manufacturers through its extensive global
sales network.
Export Cartels
These are organizations of firms in the same industry for the sole purpose
of marketing their products overseas. They include the Webb-Pomerene
Associations (WPAs) in the United States, as well as certain export cartels
in Japan. The WPAs are exempted from antitrust laws under the U.S. Export
Trade Act of 1918 and permitted to set prices, allocate orders, sell products,
negotiate, and consolidate freight, as well as arrange shipment. There are
WPAs in various areas such as pulp, movies, sulphur, and so on. Webb-
Pomerene Associations are not permitted for services and the arrangement
is not suitable for differentiated products because a common association la-
bel often replaces individual product brands. In addition to member firms’
loss of individual identity, WPAs are vulnerable to lack of group cohesion,
similar to other cartels, which undermines their effectiveness. Under the
Export Trade Act, the only requirement to operate as a WPA is that the asso-
ciation must file with the Federal Trade Commission within thirty days
after formation (see International Perspective 5.2).
104 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
DIRECT CHANNELS
A company could use different avenues to sell its product overseas em-
ploying the direct channel structure. Direct exporting provides more control
over the export process, potentially higher profits, and a closer relationship
to the overseas buyer and the market place. However, the firmneeds to devote
more time, personnel, and other corporate resources than needed in the case
of indirect exporting.
Direct Marketing from the Home Country
A firm may sell directly to a foreign retailer or end user, and this is often
accomplished through catalog sales or traveling sales representatives who
are domestic employees of the exporting firm. Such marketing channels are
a viable alternative for many companies that sell books, magazines, house-
wares, cosmetics, travel, and financial services. Foreign end users include
Export Channels of Distribution 105
INTERNATIONAL PERSPECTIVE 5.2.
Indirect Channel Structures
Advantages
Little or no investment or marketing experience needed. Suitable for
firms with limited resources or experience.
Helps increase overall sales and cash flow.
Good way to test-market products, develop goodwill, and allow clients to
be familiar with firm’s trade name or trademark before making substan-
tial commitment.
Disadvantages
Firm’s profit margin may be dwindled due to commissions and other
payments to foreign intermediaries.
Limited contact/feedback from end users.
Loss of control over marketing and pricing. Firm totally dependent on
the marketing initiative and effort of foreign intermediary. Product may
be priced too high or too low.
Foreign intermediary may not provide product support or may damage
market potential.
Limited opportunity to learn international business know-how and de-
velop marketing contacts. Creates difficulty in taking over the business
after the relationship has ended.
foreign governments and institutions such as banks, schools, hospitals, or
businesses. Buyers can be identified at trade shows, through international
publications, and so on. If products are specifically designed for each cus-
tomer, company representatives are more effective than agents or distribu-
tors. The growing use of the Internet is also likely to dramatically increase the
sale of product and/or services directly to the retailer or end user. For exam-
ple, Amazon.com has become one of the biggest bookstores in the United
States with over 2.5 million titles. Its books are sold through the Internet.
Direct sales can also be undertaken through foreign sales branches or sub-
sidiaries. A foreign sales branch handles all aspects of the sales distribution
and promotion, displays manufacturer’s product lines, and provides services.
The foreign sales subsidiary, although similar to the branch, has broader
responsibilities. All foreign orders are channeled through the subsidiary,
which subsequently sells to foreign buyers. Direct marketing is also used
when the manufacturer or retailer desires to increase its revenues and prof-
its while providing its products or services at a lower cost. The firm could
also provide better product support services and further enhance its image
and reputation.
A major problem with direct sales to consumers results from duty and
clearance problems. A country’s import regulations may prohibit or limit the
direct purchase of merchandise from overseas. Thus it is important to evalu-
ate a countrys trade regulations before orders are processed and effected.
Marketing Through Overseas Agents and Distributors
Overseas Agents
Overseas agents are independent sales representatives of various non-
competing suppliers. They are residents of the country or region where the
product is sold and usually work on a commission basis, pay their own ex-
penses, and assume no financial risk or responsibility. Agents rarely take
delivery of and never take title to goods and are authorized to solicit pur-
chases within their marketing territory and to advise firms on orders placed
by prospective purchasers. The prices to be charged are agreed on between
the exporters and the overseas customers. Overseas agents usually do not
provide product support services to customers. Agency agreements must be
drafted carefully so as to clearly indicate that agents are not employees of
the exporting companies because of potential legal and financial implica-
tions, such as payment of benefits upon termination. In some countries,
agents are required to register with the government as commercial agents.
106 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
Overseas agents are used when firms intend to (1) sell products to small
markets that do not attract distributor interest, (2) market to distinct individ-
ual customers (custom-made for individuals or projects), (3) sell heavy
equipment, machinery, or other big ticket items that cannot be easily stocked,
or (4) solicit public or private bids. Firms deal directly with the customers
(after agents inform the firms of the orders) with respect to price, delivery,
sales, service, and warranty bonds. Given their limited role, agents are not
required to have extensive training or to make a substantial financial com-
mitment. They are valuable for their personal contacts and intelligence and
help reach markets that would otherwise be inaccessible. The major disad-
vantages of using agents are: (1) legal and financial problems in the event of
termination (local laws in many countries discriminate against alien firms
[principals] in their contractual relationships with local agents), (2) firms
assume the attendant risks and responsibilities, ranging from pricing and
delivery to sales services including collections, and (3) agents have limited
training and knowledge about the product and this may adversely impact
product sales.
Overseas Distributors
These are independent merchants that import products for resale and are
compensated by the markup they charge their customers. Overseas distribu-
tors take delivery of and title to the goods and have contractual arrangements
with the exporters as well as the customers. No contractual relationships ex-
ist between the exporters and the customers and the distributors may not le-
gally obligate exporters to third parties. Distributors may be givenexclusive
representation for a certain territory, often in return for agreeing not to handle
competing merchandise. Certain countries require the registration and ap-
proval of distributors (and agents) as well as the representation agreement.
Distributors, unlike agents, take possession of goods and also provide the
necessary pre- and postsales services. They carry inventory and spare parts
and maintain adequate facilities and personnel for normal service opera-
tions. They are responsible for advertising and promotion. Some of the dis-
advantages of using distributors are: (1) loss of control over marketing and
pricing (they may price the product too high or too low), (2) limited access
to or feed-back from customers, (3) limited opportunity to learn interna-
tional business know-how and about developments in foreign markets, and
(4) dealer protection legislation in many countries that may make it difficult
and expensive to terminate relationships with distributors (see International
Perspectives 5.3 and 5.4).
Export Channels of Distribution 107
LOCATING, CONTACTING,
AND EVALUATING AGENTS AND DISTRIBUTORS
Once the firm has identified markets in which to use agents and distribu-
tors, it could locate these intermediaries by using various sources: govern-
ment trade offices (The Department of Commerce in the United States),
chambers of commerce, trade shows, international banks and other firms,
trade and professional associations, and advertisements in foreign trade
publications. After identifying potential agents and distributors in each de-
sired market, the firm should write directly to each, indicating its interest in
appointing a representative and including a brochure describing the firm’s
history, resources, product line, personnel, and other pertinent information.
108 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
INTERNATIONAL PERSPECTIVE 5.3.
The Japanese Distribution System
Distribution channels in Japan are very different from our own; they are
as inefficient as they are complex. The system is characterized by multiple
layers of wholesalers who have developed close, personal relationships
with other wholesalers, manufacturers, importers, and retailers.Moreover,
these intimate relationships often serve as an informal barrier to U.S.com-
panies wishing to sell directly to end users or retailers.
Many American exporters find retailers/end users unwilling to disrupt
their longstanding, personal relationships with Japanese suppliers even
when the U.S.company can offer a product of superior or equal quality at a
cheaper price. Many Japanese retailers/end users are unwilling to make
the switch to an “unreliable” foreign supplier. They fear a lack of commit-
ment on the part of the foreign supplier will lead to problems. This system,
although inefficient, does offer some important advantages for the par-
ticipants. First, these close business relationships make it far easier for
retailers/distributors to suggest product modifications and improvements.
Second, this system encourages the sharing of information on product
trends, innovations, competition, and overall market opportunities.Third, it
contributes to a more cooperative business relationship.
The number of retail outlets in Japan is nearly the same as in the United
States, despite the fact that the population of Japan is roughly half that of
the United States and Japan is slightly smaller in geographical size than
California. Distribution channels vary considerably from industry to indus-
try and product to product, with particular differences between consumer
and industrial goods. A foreign firm must understand existing distribution
channels in order to utilize them or develop an innovative approach.
Evaluation and selection of potential representatives (agents or distribu-
tors) is often based on some of the following factors: local reputation and
overall background, experience with a similar product or industry and ade-
quate knowledge of the market, commitment not to represent competing
brands, genuine interest and ability to devote sufficient time and effort to the
product line. In the case of distributors, it is also important to evaluate sales
Export Channels of Distribution 109
INTERNATIONAL PERSPECTIVE 5.4.
Parallel versus Multiple Exporters
Parallel (gray) market goods are products that enter a country outside
regular, authorized distribution channels. They differ from black market
products since they often enter the market legally. Factors contributing to
the rise of parallel exports include:
Substantial differences in the prevailing prices of the same product
between two national markets.
Differences in marketing and administrative expenses between the
authorized distributor and the parallel distributor.
Sale of distressed merchandise at deep discount to overseas mar-
kets sometimes gives rise to re-exports to the home market.
Price discounts to distributors in the home market but not to nearby
foreign markets.
The authorized foreign distributor may have restrictive credit terms or
unable (or unwilling) to carry sufficient inventory to service the market.
There is a flourishing market in parallel market goods in the United
States in cars, watches, etc., estimated at over $6 billion (U.S.).The major
problems created by parallel export channels is (1) reduction in sales and
profits for the authorized distributor, (2) disruption in manufacturer-distribu-
tion relations, and (3) difficulty in maintaining a consistent image, quality,
and reputation of a product.
Companies recognizing these problems should develop appropriate
corporate policies such as creating product differentiationbetween the do-
mestic and exported product, flexibility in the export price of the product
sold to the foreign distributor.
Multiple channels are used by many firms in order to gain long-term sus-
tainable advantages in global markets.A firm could supplement agents with
their own salespersons to prevent lock-in and establish a credible alterna-
tive. A few strategic markets can be identified and developed by integration,
while other markets are served by third parties, thus spreading the risk.
Such channels are common in sectors where transaction costs and uncer-
tainty are high (knowledge-intensive sectors like software development).
organization; financial, marketing, and promotion capability; installation
and after-sales service; timely payments; and similar characteristics. Once
the firm has selected an agent or distributor based on the aforementioned
criteria, the next step will be to negotiate a formal agreement. Foreign rep-
resentatives are also interested in firms that are committed to the market and
willing to provide the necessary product support and training. They also want
to protect their territory from sales by third parties or the firm itself.
CONTRACTS WITH FOREIGN AGENTS
AND DISTRIBUTORS (REPRESENTATIVES)
It is estimated that about 50 percent of global trade is handled through
overseas agents and distributors. Laws governing agents and distributors are
complex and vary from country to country. In certain countries, protective
legislation favors local representatives with respect to such matters as mar-
ket exclusivity and duration or termination of contracts. In the event of ter-
mination without good cause, for example, a Belgian distributor is entitled
to an indemnity.
Similar laws exist in France, Germany, and other countries. In Germany,
maximum compensation payable to agents usually equals one year’s gross
commissions based on an average over the previous five years or the period
of existence of the agency, whichever is shorter. In countries such as Egypt,
Indonesia, Japan, and South Korea, representation agreements must be for-
mally registered with and their contents must be approved by the appropri-
ate authority. In many Latin American countries, local law governs service
contracts if the services are to be performed in local jurisdictions and any
representative agreement that is not in conformity with local law will be in-
valid and unenforceable. Thus, it is important that in the negotiation and
drafting of such agreements, sufficient attention is given to the impact of
local laws and other pertinent issues.
MAJOR CLAUSES IN REPRESENTATION AGREEMENTS
Definition of Territory
The contract should define the geographical scope of the territory to be
represented by the agent or distributor and whether the representative has
sole marketing rights. In exclusive contracts, the agreement has to clearly
specify whether the firm reserves the right to sell certain product lines to a
specificclass of buyerssuch as governments or quasi-government agencies.
110 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
If agreements do not explicitly state that they are exclusive, they will often
be deemed exclusive if no other representatives have been appointed within
a reasonable time. The contract should also state whether the representative
could appoint subagents or subdistributors and the latter’s status in relation
to the firm. It is also important to explicitly state the intention of the parties
not to create an employer-employee relationship due to financial and tax
implications.
Definition of Product
The contract should identify those products or product lines covered by
the agreement as well as the procedures for the addition of successive prod-
ucts. It should also provide for the alteration or deletion of certain product
lines based on the exporter’s continued production, representative’s perfor-
mance, or other events.
Representative’s Rights and Obligations
The agreement should state that the representative will do its best to pro-
mote and market the product and cooperate to attain the objectives of the
exporting firm. It should also include (1) the representative’s commitment
to periodically inform the exporter of all pertinent information related to
market conditions and its activities; (2) the parties’ agreement to provide
due protection to each other’s confidential information as defined in the
contract, which often includes sellers patents, trade secrets, and know-
how, as well as the representative’s marketing information including cus-
tomer lists; (3) a provision as to whose responsibility it is to arrange for all
the necessary approvals, licenses, and other requirements for the entry and
sale of goods in the foreign country; and (4) the right of the representativeto
carry noncompetitive and complementary products.
An agency agreement should state the nature and scope of an agent’s au-
thority to bind the exporter (which is often denied) as well as the agent’s dis-
cretion with respect to pricing. All sales of products are to be in accordance
with the price list and discount structure as established in the contract. The
parties could also agree on mechanisms to implement changes in prices and
terms. It is also important to stipulate the amount of compensation (commis-
sion) when it accrues to the account of the agent, and the time of payment.
Most agreements state that all commissions shall not become due and pay-
able until full settlement has been received by the firm. The agent could also
be given the responsibility for collection with respect to sales it initiated.
Distributor agreements should state clearly that the overseas distributor
acts as a buyer and not as an agent of the seller. The agreement could require
Export Channels of Distribution 111
the distributor to maintain adequate inventories, facilities, and competent
personnel. The exporter could sometimes stipulate that orders represent-
ing a minimum value or quantity shall be placed within a fixed time. The
agreement also defines the advertising and promotion responsibilities of the
distributor, including an undertaking to advertise in certain magazines or
journals a minimum number of times a year at its ownexpense, for example:
The distributor agrees during the lifetime of this contract to provide
and pay for not less than seven full-page advertisements per year, ap-
pearing at regular monthly intervals in the national journals or maga-
zines of the industry circulating generally throughout the territory.
Exporter’s Rights and Obligations
In agency contracts, the exporter is often required to provide the agent
with its price schedules, catalogs, and brochures describing the company,
its product and other pertinent features. In distributor contracts, the exporter
is required to provide the distributor and his or her personnel with training
and technical assistance as is reasonably required in order to service, main-
tain, and repair products. In both agency and distributor agreements, the
exporter should warrant that the product complies only with the specified
standards of quality and also state the party that will be responsible for war-
ranty service.
The exporter is also required to provide sufficient supplies of the product
and new developments in products, as well as marketing and sales plans.
Definition of Price
In agency agreements, all sales of products are made in accordance with
the price list and discount structure agreed upon between the parties. How-
ever, the seller reserves the right to change prices at any time, usually upon
a thirty- or sixty-days prior notice.
Distributor agreements also contain provisions relating to the price to be
charged by the seller upon purchase of goods by the distributor. Any dis-
counts available are also stated. In the case of products that are affected by
inflation, the parties could set a definite price ruling on a specific date, such
as the date of the sales contract or shipment. The parties could also agree that
the exporter charge the distributor the best price it provides other customers
at the time of sale (the most-favored-customer price) except for those prod-
ucts supplied to a holding company, subsidiary, or other associated compa-
nies of the supplier. The distributor agreement should also stipulate the terms
112 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
of shipment such as FOB (free on board) or CIF (cost, insurance, and freight),
as well as the method of payment (open account, letter of credit, etc.), for
example:
The prices specified are in U.S. dollars, exclusive of taxesand govern-
mental charges, freight, insurance and other transportation charges.
Payment shall be on consignment. The product will be shipped FOB
(Miami) to the buyer’s address in Colombia.
Renewal or Termination of Contract
In many countries, issues relating to appointment, renewal, or termination
of representatives are largely determined by local law. Many foreign repre-
sentation agreements provide for a short trial period followed by a longer-
term appointment if the representative’s performance proves satisfactory. It
is important to state the duration of appointment and the basis for renewal
or termination. Any renewal or termination requires an act of notification to
the representative.
In certain countries, the longer the period the representative has been
appointed, the more difficult and expensive it is to terminate the contract.
Representative agreements are terminated in cases when one of the parties
is guilty of nonperformance or of not performing to the satisfaction of the
other party, for example:
In the event that either party should breach any term or condition of
this agreement or fail to perform any of its obligations or undertak-
ings, the other party may notify the defaulting party of such default,
and if such default is not rectified within sixty days, the party giving
notice shall havethe right, at its election, to terminate the agreement.
The previous clause is often used to terminate nonperforming represen-
tatives. It is, however, important to set certain targets and objective perfor-
mance criteria against which representative’s performance will be measured:
sales volume, inventory turnover rates, advertising, and market share. It is
also advisable to include other causes of termination, such as the following:
Right to Terminate Without Cause
A significant number of contracts allow for termination of the contract
by either party with no prerequisite of action or omission by the other party
upon giving advance notice, for example:
Export Channels of Distribution 113
Either party shall havethe right to terminate the agreement at any time
by giving not less than 180 days prior written notice of termination to
the other party.
Force Majeure
Most contracts state the occurrence of specific events beyond the control
of the parties as a basis for termination of the contract. The enumerated ac-
tions or events fall into four major categories: (1) acts of God, (2) wars and
civildisorder, (3) acts of government such as exchange controls or host gov-
ernment regulations, and (4) other acts beyond the parties control.
Other Causes of Termination
Some contracts provide for termination of the contract in cases such as
bankruptcy or liquidation of either party, assignment of contractual rights
or duties, change of ownership or management, and nonexclusivity, or the
firm’s decision to establish its own sales office or assembly operations.
In most countries, the exporter can terminate a representative in accor-
dance with the contractual terms and without payment of indemnity.In situ-
ations lacking reasonable ground for termination, courts impose a liability
for unjust termination that is often based on the volume of sales, goodwill
developed by the representative, and duration of the contract. A typical for-
mula is to award a one year’s profit or commission to the distributor or agent
based on an average over the previous five years or the duration of the con-
tract, whichever is shorter. It may also include cost of termination of the
representative’s personnel.
Applicable Law and Dispute Settlement
The parties are at liberty to agree between themselves as to what rules
should govern their contract. Most contracts state the applicable law to be
that of the manufacturer’s home state. This indicates the strong bargaining
position of exporters and the latter’s clear preference to be governed by laws
about which they are well informed, including how the contract will func-
tion and its repercussions on the whole commercial and legal situation of
the parties. In cases with no express or implied choice of law, courts have to
decide what law should govern the parties’contract based on the terms and
nature of the contract. Many factors are used to settle this issue in the ab-
sence of an express choice of law, including the place of contract, the place
of performance, and the location of the subject matter of the contract, as
114 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
well as the place of incorporation and place of business of the parties. The
contract should also provide for a forum (court) to settle the dispute relating
to the validity, interpretation, and performance of the agreement.
Many representative contracts also provide that any dispute between the
parties shall be submitted to arbitration for final settlement in accordance
with the rules of the International Chamber of Commerce.
MAINTAINING AND MOTIVATING
OVERSEAS REPRESENTATIVES
Agents and distributors can be motivated in many ways to do the best
possible job of marketing and promoting the firm’s product. This could be
accomplished by, for example, developing good communications through
regular visits from the home office, the organization of conferences, or pro-
viding inexpensive free trips for representatives during a given period. It is
also important to inform representatives of company’s goals and principles
and to keep them abreast of new developments in the product line, supplies,
and promotion strategies, and to assist in training and market development.
Firms could also motivate representatives through provision of better credit
terms or price adjustments based on sales volume or other performance-
based criteria.
CHAPTER SUMMARY
Introduction
Channels of distribution used to market products abroad:
1. Indirect channels: Exports through independent parties acting as sales
intermediary.
2. Direct channels: Direct sales to foreign distributors, retailers, or trad-
ing companies.
Determinants of Channel Selection to Market Products Abroad
1. International marketing objectives of the firm
2. Manufacturers resources and experience
3. Availability and capability of intermediary
4. Customer and product characteristics
Export Channels of Distribution 115
5. Marketing environment
6. Control and coverage
Indirect Channels
Types of indirect channels:
1. Exporters that sell on behalf of the manufacturer: Manufacturer’s
export agents, export management companies, international trading
companies
2. Exporters that buy for their overseas customers: Export commission
agents
3. Exporters that buy and sell on their own account: Export merchants,
cooperative exporters, WPAs
Direct Channels
Types of direct channels:
1. Direct marketing from the home country
2. Marketing through overseas agents and distributors: Overseas agents,
overseas distributors
Major Clauses in Representation Agreements
1. Definition of territory and product
2. Representative’s rights and obligations
3. Exporters rights and obligations
4. Definition of price
5. Renewal or termination of contract
REVIEW QUESTIONS
1. Distinguish between direct and indirect channels of distribution. What
are the advantages and disadvantages of using indirect channels?
2. Discuss three major determinants of channel selection to market
products abroad.
3. Do firms that export high-technology products exercise high levels of
control?
4. Discuss the role and function of manufacturer’s export agents.
116 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
5. Discuss the disadvantages of using export management companies.
6. What are the differences between export trading companies and export
management companies?
7. Briefly describe Webb-Pomerene Associations (WPAs).
8. What are some of the disadvantages of using overseas distributors?
9. State some of the clauses (provisions) in representation agreements.
10. Briefly describe force majeure.
CASE 5.1. EXPORT CHANNEL DECISIONS
OF TWO U.S. COMPANIES
Wayne Engineering: Wayne Engineering, Inc., is a leading manufac-
turer of side loaders, recycling vehicles, and recycling and garbage trucks.
It uses Tradesur, Inc., to handle the promotion, marketing, and distribution
of its products in overseas markets.
TradeSur is an export management company (EMC) located in San
Diego, California, with over eighteen years of experience in the export mar-
ket. It has established distribution channels in several countries. As an
EMC, its major functions include the following: (1) promotion, marketing,
and distribution of U.S.–made construction equipment in Latin America
and Europe; (2) handling complex logistics and outsourcing of various
phases of the production process when necessary; (3) managing complex
construction and infrastructure requirements by coordinating with multiple
manufacturers of equipment worldwide and assembling the end product;
(4) establishment of links with several financial institutions to help over-
seas buyers to finance their purchases, enhance their cash flows, and ex-
pand U.S. exports; and (5) arrangement of independent financing of turn-
key projects for qualified government agencies and corporations from
eligible foreign countries.
Farouk Systems: Farouk Systems, Inc. (FS), a Houston-based manufac-
turer of natural hair care and spa products wanted to get a foothold in South-
east Asia, following its successful entry in over sixty countries including
China. The company sought distributors in Singapore to market its products.
With the help of the U.S. Commercial Service, which locates potential buy-
ers and distributors for U.S. firms, the company was able to appoint a dis-
tributor from a list of prospective candidates.
Singapore was considered a good market for U.S. beauty care products
because Singaporean women spend an average of nearly $80 a year on such
Export Channels of Distribution 117
goods, compared with 17 cents spent by women in China. There is, however,
intense competition from various providers in the market.
Final selection of the distributor (True Line Beauty) was based on a
number of factors: experience within the Southeast Asian market, solid
foundations within the industry, experience in conducting hair shows and
educational seminars, sound financial position, personal chemistry, and gut
instinct. They also considered the extent to which the potential candidates
were willing to look at the long-term perspective and invest in the brand.
The distributor, True Line Beauty (TLB) was formed twelve years ago
and has twenty employees. True Line Beauty asked for and received exclu-
sive distribution rights in a number of other countries including Malaysia
and Taiwan. Its sales force travel across the country explaining the benefits
of the product, such as natural ingredients that are environmentally friendly,
and offering incentives, such as refunds if the product does not sell or one
free bottle for every so many sold. Once a new beauty shop or spa has shown
interest, TLB provides training for stylists, demonstrates new cutting and
coloring techniques using FS products.
Efforts have been quite slow in developing markets outside Singapore.
True Line Beautys approach appears to focus on tackling one market at a
time. If certain specified performance benchmarks (such as sales, profit mar-
gins) as stated in the contract remain unmet over a given period of time, the
U.S. company has the option of finding another distributor with the requi-
site capability to do the job. However, flexibility is the key in evaluating
performance expectations and establishing goodwill.
CASE 5.2. THE INTERNET AND EXPORTING:
A FOCUS ON DEVELOPING COUNTRIES
A business that would like to succeed in export markets needs information
about market prospects and must continually fine tune its marketing skills,
which includes the use of the Internet and Web-based resources to sell and
promote products as well as generate new clients. For example, an export
company that plans to participate in an international trade fair in an over-
seas market should do some Internet research on the prospective market to
evaluate demand.
Analysts predict that about 10 percent of total business-to-consumer
sales of U.S. retailers will be online. Business-to-business sales volume is
also expected to outpace business-to-consumer sales by a factor of twenty
within the next few years. The Internet enables exporters to interact directly
with overseas customers. Furthermore, it facilitates product customization
118 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
and the provision of extended services. Even though these new possibilities
pose a serious threat to export intermediaries, a virtual market presence is
not likely to be a substitute for existing networks since physical distribution
channels still have several positional advantages compared with virtually
organized ones. A number of value added services, for example, can only
be provided via traditional distribution outlets. The Internet will not en-
tirely replace the need for interpersonal relations and trust building. The
Internet also poses organizational and managerial challenges (Peterson,
Welch, and Liesch, 2002). It is plausible to contend that the Internet provides
an infrastructure for carrying information and digital services, which is com-
plementary to the existing marketing channel structure, improving perfor-
mance (Anderson, 2005). In industries characterized by a high degree of
information content such as publishing, travel, and financial services, ex-
port intermediation is undergoing a radical change. It has also given rise to
new channels of export intermediation (e-Bay, Amazon, etc.), which were
not previously available.
A study by Freund and Weinhold (2000) on the effect of the Internet on
international trade shows its increasing and significant impact from 1997 to
1999. The study shows that a 10 percent increase in the relative number of
Web hosts in one country would lead to about 1 percent greater trade. It also
finds the effect of the Internet to be stronger for poor countries than for rich
ones. However, the Internet does not seem to have reduced the impact of
distance on trade. Clarke and Wallsten (2004) also find a positive correla-
tion between Internet penetration in developing countries and their increas-
ing exports to developed countries.
In many countries, global business-to-business Web sites have already
been set up in a number of industries. Daimler-Chrysler, GM, and Ford
have started an Internet-based market (COVISINT) for car parts world-
wide; e-steel is established to link buyers and sellers of steel products
around the world. In Egypt, some seventy-five products are marketed on the
Internet. Adelphi, a leather products maker in Kenya, started a Web site
with the intentionof expandingintotheglobal market. Global orders are exe-
cuted through international courier firms such as DHL.
In spite of the increase in the number of users, Internet penetration rates
in most developing countries remain low (see Table 5.1). Online trade is
limited. Other factors contributing to lowerthan average e-commerce activ-
ity include low per capita incomes, low credit card usage, lack of relevant
products or services, or poor logistics and fulfillment services.
In more advanced developing nations such as Taiwan, for example, the
Internet is widely used in most sectors of the economy. Taiwanese firms are
more concerned with improving forward linkages to their customers than
Export Channels of Distribution 119
improving backward linkages to their suppliers. In spite of the diffusion of
the Internet, concerns over security and privacy in online trading represent
the most significant barrier to its use in international business transactions.
Questions
1. Would you advise Wayne Engineering to use overseas distributors to
market its products abroad?
2. What are some of the limitations of the Internet in facilitating the
expansion of exports from developing countries?
120 EXPORT-IMPORT THEORY, PRACTICES, AND PROCEDURES
TABLE 5.1. Internet Users (Thousands) and Hosts (Thousands) by Region
Region Internet Users Internet Hosts
Africa 7,943 281
Latin America and Caribbean 35,459 3,412
North America 170,200 109,084
Asia 201,079 10,803
Western Europe 166,387 18,363
Oceana (Australia,
New Zealand, and others)
10,500 3,035
Developing Countries 189,882 7,279
Developed Countries 401,686 137,700
Source:
Adapted from International Telecommunications Union (ITU), 2003.