SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Advise clients on international trade contracts 
SAQA US ID UNIT STANDARD TITLE
118024  Advise clients on international trade contracts 
ORIGINATOR
SGB Diplomacy, Protocol and Foreign Affairs Assist 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Sovereignty of the State 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 6  Level TBA: Pre-2009 was L6  10 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Registered" 		 2005-04-13  2008-04-13  SAQA 1059/05 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2009-04-13   2012-04-13  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard has as its core purpose qualifying learners with the core competencies required to understand contracts relating to international trade and advise clients entering into international trade contracts. Qualifying learners will be able to:
  • Differentiate between national, private international and public international law
  • Outline the principles underlying the formation of an international trade contract
  • Explain the various types of contractual agreements
  • Outline the available options to parties in a contract in the event of a dispute
  • Determine the categories of intellectual property that require protection in a contract and outline the procedures to secure protection
  • Identify the risks associated with transacting over the internet and determine the means of protecting clients from such risks. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners accessing this unit standard are assumed to have completed a level 6 qualification in the field of Business, Commerce and Management or its RPL equivalent. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Differentiate between national, private international and public international law. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The scope of national law is evaluated in terms of private and public laws and the enforcement of such laws 

    ASSESSMENT CRITERION 2 
    The scope of public international law is evaluated in terms of human rights, territorial rights, trade agreements, common trade practice and enforcement 

    ASSESSMENT CRITERION 3 
    The scope of private international law is compared in terms of choice of law and choice of forum 

    SPECIFIC OUTCOME 2 
    Outline the principles underlying the formation of an international trade contract. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The capacity of the parties to contract is evaluated in terms of legal requirements 

    ASSESSMENT CRITERION 2 
    The agreement between the parties is deduced in terms of offer and acceptance 
    ASSESSMENT CRITERION RANGE 
    Offers and counter offers, offers versus invitations to do business, evidence of a contract.
     

    SPECIFIC OUTCOME 3 
    Assess the various types of contractual agreements. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    A contract of sale is assessed according to relevant law 

    ASSESSMENT CRITERION 2 
    A contract of carriage is assessed according to relevant law 

    ASSESSMENT CRITERION 3 
    An insurance contract is assessed according to relevant law 

    ASSESSMENT CRITERION 4 
    A contract of payment is assessed according to relevant law 

    ASSESSMENT CRITERION 5 
    A contract of inspection is assessed according to relevant law 

    ASSESSMENT CRITERION 6 
    The challenges posed by contracting over the internet are assessed according to legal prescripts 

    SPECIFIC OUTCOME 4 
    Determine the available options to parties in a contract in the event of a dispute. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Conditions that give rise to disputes are identified and evaluated according to relevant legal principles 

    ASSESSMENT CRITERION 2 
    Dispute resolution mechanisms available to parties entering into international trade contracts are determined according to relevant legal principles 

    ASSESSMENT CRITERION 3 
    Procedure for each dispute resolution mechanism is determined according to relevant legal principles 

    ASSESSMENT CRITERION 4 
    International rules governing each dispute resolution mechanism are assessed according to relevant legal principles. 

    SPECIFIC OUTCOME 5 
    Determine the categories of intellectual property that require protection in a contract and apply the procedures to secure protection. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Trade mark law and how it is protected in international trade is examined applied according to the correct legal prescripts 

    ASSESSMENT CRITERION 2 
    Industrial design and how it is protected in international trade is examined and applied according to correct legal prescripts 

    ASSESSMENT CRITERION 3 
    Patent law and how it is protected in international trade is examined and applied according to correct legal prescripts 

    ASSESSMENT CRITERION 4 
    Copyright law and how it is protected in international trade is examined and applied according to correct legal prescripts 

    ASSESSMENT CRITERION 5 
    Remedies available to parties whose intellectual property has been violated is examined and applied according to correct legal prescripts 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Any institution offering learning towards this unit standard must be accredited as a provider with the relevant ETQA. The moderation requirements of the ETQA must be met in order to award credits to learners for this unit standard 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Basics of Commercial law. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    Developing entrepreneurial opportunities: Foreign Economic Representatives have as their core function the identification, exploration and development of business opportunities for a variety of stakeholders 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems: Foreign Economic Representatives are required to advise clients and resolve their problems 

    UNIT STANDARD CCFO WORKING 
    Teamwork: The Foreign Economic Representative functions as part of a diplomatic mission and thus is a member of the team that comprises the staff of the diplomatic mission. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyze, organize and critically evaluate information: Advising clients involves collecting, analyzing, organizing and critically evaluating information that will assist the clients 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively: Advising clients on international trade contracts entails a high level ability to communicate 

    UNIT STANDARD CCFO DEMONSTRATING 
    Be culturally sensitive: Working in a foreign office abroad entails mixing with different cultures and requires sensitivity about cultural dynamics. 

    UNIT STANDARD ASSESSOR CRITERIA 
    Anyone assessing learners against this unit standard must be registered as an assessor with the relevant ETQA and must have a level 6 qualification in the field of Business, Commerce and Management and must have relevant experience as a Foreign Economic Representative. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  49055   National Certificate: Foreign Economic Representation  Level 6  Level TBA: Pre-2009 was L6  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  PSETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.