Must - read for foreign trade beginners: Practical analysis of LOA and LOI and operation guide for power of attorney

foreign tradeThe twins in documents: Analysis of the similarities and differences between LOA and LOI

In foreign trade practice, we often come across two abbreviations that seem similar but are actually quite different:LOA (Letter of Commitment)andLOI (Letter of Intention). Just like twins, they have a similar appearance but carry completely different legal meanings.

I remember when I first entered the industry, I was also confused by these two abbreviations. Once, due to confusing LOA and LOI, a transaction worth $500,000 almost had problems. Since then, I have paid special attention to the differences between these two documents.

LOA: The reassurance in foreign trade transactions

LOA Letter of CommitmentIt is a legally binding document in foreign trade transactions, equivalent to a marriage certificate reached after detailed negotiations between buyers and sellers. When you see a client send an LOA in an email, it means:

• The two parties have reached an agreement on the transaction terms
• Key elements such as price, quantity, and delivery date have been confirmed
• It can be used as a pre - document for the formal contract

In actual operation, LOA usually includes the following core contents:

• Complete information of both buyer and seller
• Detailed product specifications
• Transaction amount and payment method
• Delivery terms and time
• Liability for Breach of Contract Clause

LOI: The blind date partner in foreign trade cooperation

the FOB costs of FCL transportation fluctuate less.LOI Letter of IntentionIt is more like expressing interest during a blind date. It indicates that both parties have cooperative intentions but have not yet determined specific terms. When dealing with Middle Eastern clients, I often encounter situations where they send LOIs first.

The characteristics of LOI include:

• It is not legally binding
• It is usually used in the initial contact stage
• The content is relatively general and does not involve specific transaction details
• It can be used as the basis for subsequent negotiations

Key Points of Practical Operation of the Letter of Authorization (LOA)

In actual business, LOA is also often used inPower of AttorneyIt appears in this form. This kind of power of attorney is usually used for:

• Agencyimport and exportBusiness authorization
• Customs broker operation authorization
• Bank payment and receipt authorization

Based on my 20 - year experience, when dealing with a power of attorney, special attention should be paid to:

• The scope of authorization must be clear: Whether it is an exclusive authorization or a general authorization
• The validity period should be set reasonably: Usually, 6 months to 1 year is appropriate
• Signature and seal requirements: Some countries require Hague certification or embassy legalization
• Complete information of the authorized party: Including company name, address, contact person, etc.

Core elements of the power - of - attorney template

Although there is no fixed format for a power of attorney, a complete power - of - attorney template should include:

• Complete information of the authorizing party (ABC Co., Ltd.) and the authorized party (XYZ Trading Co.)
• Specific description of the authorized matters
• Authorization period (from YYYY/MM/DD to YYYY/MM/DD)
• Scope of authorization and restrictive clauses
• Signature and seal area (requiring the companys official seal or the signature of the legal representative)
• Date and place

I have seen a case caused by an incomplete power of attorney: A companys power of attorney to its agent did not clearly state the validity period. As a result, the agent still signed contracts in the name of the company after the authorization was revoked, leading to a legal dispute.

Practical application scenarios of LOA and LOI

In actual business, how to choose between using LOA or LOI? Here are some typical scenarios:

Situations where LOA is used:

• The bidding project requires providing a financial certificate
• Large - value transactions require bank financing
• The pre - signing stage of a long - term cooperation agreement

Situations where LOI is used:

• Initial contact to express the intention of cooperation
• Customers are required to provide preliminary commitments for internal project initiation
• Record the key points of the negotiation as a memorandum

Advice for foreign trade beginners

As someone with experience, I would like to give some advice to beginners who have just come into contact with LOA and LOI:

• Dont be overly optimistic when receiving an LOI. This is just the beginning of cooperation.
• Be sure to have the legal department review it before signing the LOA. I once avoided significant losses because of this.
• The Hague certification of the Letter of Authorization (LOA) usually takes 3 - 5 working days. Sufficient time should be reserved.
• Build your own document template library, but adjust it according to the actual situation before each use.
• It is recommended to transmit important documents through professional channels to avoid the risk of mail loss.

Foreign trade documents are like compasses in navigation, guiding the direction of transactions. Mastering the correct use of LOA and LOI can make you sail more steadily and farther in the foreign trade ocean. Remember, spending one more minute on document issues may save you a month in the future.