The Valley International Trade Association (VITA) Newsletter
VITA Global Networking Breakfast 
Growing your Business Through Exporting 
July 26, 2017
"Legal 101 for Doing International Trade" by Jeffery Daar and Jonathan Arnold

With the continued growth of international business opportunities in the San Fernando Valley, VITA Board member Jeffery Daar and VITA member Jonathan Arnold of Daar and Newman, presented "Legal 101 for Doing International Trade" at the Global Networking Breakfast on May 31st. 

The presentation included the basics of international trade, introducing the Convention on the International Sales of Goods (CISG), international shipping terms (INCOTERMS® 2010), the utility of standby letters of credit and ways to avoid disputes.
           
The attorneys provided background on the CISG.  They pointed out that the CISG is the law of the State of California such that, if it is not expressly excluded, it will be applicable to transactions involving the sale of goods between California companies and entities in foreign jurisdictions (provided such foreign entities are in countries which have adopted the CISG, which presently includes 85 nations.) Given this, Jeffery and Jonathan then reviewed some fundamental aspects of the CISG as to contract formation, writing requirements, the scope of warranties, variances from the Uniform Commercial Code (UCC), the "Nachfrist Notice" (whereby one contracting party may give the other an extended period of time to perform.) 

As the international nature of the CISG necessarily calls for an analysis of shipping terms, the basics of INCOTERMS and their function within the ambit of CISG-based contracts was also reviewed. Some preliminary detail was provided on the precise obligations contracting parties will trigger by use of a particular INCOTERM, as well as how shipping insurance and indemnity should then best be brought into the mix. The next topic related to using the emerging norm for both reducing a seller's financial risk and timely obtaining due payment: the standby letter of credit. Jonathan explained how this financial vehicle, which represents an independent payment obligation running from a buyer's bank to a seller, not only demonstrates a potential buyer's creditworthiness, but also provides a seller a ready mechanism for obtaining payment should a buyer not honor seller's timely demand for payment.  

Several of the participants asked some very well-taken questions in connection with working with both a local bank and a foreign bank, and also resolving letter of credit documentation "discrepancies" (and related issues.) Jonathan was able to provide some concise guidance, especially how the letter of credit is generally deemed to be insolvency proof, such that a buyer's bankruptcy (or sim.) properly does not impact a letter of credit and, accordingly, that a bank's payment obligations to a seller remain intact even if the buyer become insolvent.

Jeffery then navigated the attendees through the fundamental issues surrounding the strategies for avoidance of cross border contractual disputes, including the need to work with counsel versed in international transactions and disputes. Issues discussed included the language of the contract, choice of law and venue issues, mediation, differences between international litigation and arbitration and the enforcement of court judgments and arbitration awards. 
 
Photo from left: VITA Co-Chairperson Brett Tarnett, VITA member Jonathan Arnold, VITA Board member Jeffery Daar, and VITA Co-Chairperson Natasha Suton. 
New Member Spotlight

Joyce Feucht-Haviar
University Senior International Officer and Dean
Tseng College at Cal State University Northridge 

Joyce Feucht-Haviar is Dean of The Tseng College at California State University, Northridge. With a focus on graduate, international and mid-career education, The Tseng College generates more than $25 million in yearly revenue through more than 21,000 enrollments per year, and employs a full-time administrative staff of 55. 

Under her leadership, The Tseng College established itself as a leader in innovative program design for degree and non-degree programs, for education of mid-career professionals, and for redefining how higher education works with and for mid-career students and their employers. The Tseng College also has expanded its national and international reach with e-learning programs and innovative international partnerships.

During her tenure as Dean, The Tseng College has quadrupled its revenue; won 117 national awards for marketing; been recognized regionally and nationally with awards for program excellence; been awarded grants to support innovative program development; developed a sophisticated online program development capacity that offers seven online master's degree programs; achieved on-time graduation rates ranging from 80% to 95% in its new master's degree programs (on-site and online); developed a program development strategy that places emphasis on outcomes-based program design and assessment; developed the capacity to create and manage distinctive custom-designed and contracted programs; expanded its degree, certificate and professional development programs; established and sustained innovative international partnerships leading to the collaborative development of a new college in the Middle East; developed an international graduate center concept for the CSU - the first of which will soon be established in Oman; and developed student support service and administrative systems.

Visit www.tsengcollege.csun.edu to learn more. 
VITA Board Member Jeffery Daar Addressed Students at Aviation Career Day 

VITA Board Member and Los Angeles World Airports Board of Airport Commissioner Jeffery Daar and Los Angeles Unified School District Board Member Scott Schmerelson welcomed over 1,200 local high school students and 40 aviation organizations to Van Nuys Airport for the 12th annual, "The Sky's the Limit: Aviation Career Day" on May 19th
Jeffery stressed the importance of aviation careers during his welcome remarks. "This event shows students the vast number of career opportunities in the field of aviation," he said. 
For the first time, the event featured a panel of industry professionals speaking on "How to enter a career in aviation," based on personal experience.  The panel led by Curt Castagna, President and Chief Executive Officer of Aeroplex/Aerolease Group featured: 
  • Joe Barber, Clay Lacy (Business Development) 
  • Samantha Butero, Tron Air Sales Director (Manufacturing) 
  • Christian Moreno, Chief of Airport Operations (VNY) 
  • Niall Mulcahy, Station Manager Signature Flight Support (FBO) 
  • Chris Nielsen, Global Pilot Avalon (Pilot) 
  • Jason Price, Owner Mach 1 (Flight School) 
  • Tony Russo, Manager Duncan Avionics (Avionics)
Students in attendance were also provided a behind-the-scenes airport tour, took part in interactive exhibits and viewed aircraft displays including an F-18, Condor Squadron's AT-6, the Los Angeles Fire Department Air Rescue Unit and met Airport Police and Airport Operations personnel.

The event was hosted by Los Angeles City Councilmember Nury Martinez, Van Nuys Airport and Clay Lacy Aviation. Major sponsors included Western Jet Aviation and Signature Flight Support. 
In the News
Air Consultant
By Mark R. Madler, San Fernando Valley Business Journal

As a child growing up in the San Fernando Valley, Bob Rodine would ride his bike with friends to the Van Nuys Airport to watch the airplanes at a time when aircraft factories were found throughout Los Angeles. "Baseball games would stop in the street when a P-51 flew over," Rodine recalled. Today, Rodine still goes to the airfield as a consultant and analyst for his firm Polaris Group. Rodine performs economic impact studies, financial modeling and business planning primarily for aviation-related clients. With more than 220,000 takeoffs and landings last year, Van Nuys is among the busiest airports in the country for general aviation, which is defined as non-military flights without a regular schedule. Rodine took time to discuss with the Business Journal his interest in Van Nuys Airport, the important role it plays in the San Fernando Valley and why he never learned to fly.
 
Question:  Why are you so interested in Van Nuys Airport?
Answer: I think of the airport as an industrial activity. What's on the ground is crucially important to the San Fernando Valley. The current number is 12,000 jobs. When I first got involved and started looking at it, this was the single largest employment center in the Valley during a time of real economic distress. I felt protection of this institution from an industrial standpoint was crucial. I feel the same way today.
 
Any other reason?
Secondarily, anyone that climbs inside the airport and knows what happens here knows that it is important not just in the Valley but all over the city. There are companies that fly in here and then go to West Los Angeles or Santa Monica to do their business. This airport as a business aviation center is vital because you have airports like Santa Monica that tell business people to go away and airports like LAX that are hyper-congested.
 
How important is the airport to the local economy?
The latest economic impact study said $2 billion (in activity). I have not been able to get to the insides of the latest study so I cannot comment on the quality of the analysis. But looking at what the airport contributes in terms of 12,000 jobs and $2 billion of economic activity, that is not inconsequential in terms of significance for the San Fernando Valley. The jobs at this airport are among the highest valued jobs in the Valley. There is nobody slinging burgers here. People are doing mechanical work of a very technical nature on aircraft and electronics and they are manufacturing things for aircraft.
 
How can Valley residents support the airport?
The average resident in the Valley looking at it statistically probably isn't even aware of the airport. The thing that they can do for the airport is to ensure that people who are elected are aware of the merits and benefits of the airport and to be sure that people who are inclined to attack the airport do not get seats of responsibility in state or municipal government. We have to vote for people who are supportive of this asset.
 
How has the airport evolved over time?
I was out of the loop with respect to the airport until about 1993 when I became involved with the local chamber of commerce. At that time, the economy went into the tank because of the peace dividend and the pressures being brought to bear on the airport. That was a white-knuckle situation. We had elected officials that didn't like the complaints they got about the airport. We had a fairly aggressive but small citizenry who didn't like the airport.
 
What happened?
We got through that period. The city did some reasonably intelligent management things with respect to noise. The operators were very conscientious about noise issues. This airport has really matured in terms of being able to get along with the community. It's only recently that some community activists on the west side of the airport are seeking to find new constraint measures.
 
What are some of the main complaints?
One of the most frequent complaints recently has been aircraft that turn before they get to the flood control basin on the southbound departure. It was something they could not control on the field. The FAA controls it. The homeowners were just livid. A group of homeowners and airport officials and FAA people developed a plan to reduce the possibility of early turns and that problem I think has been put to bed.
 
What challenges does the airport faces in its operations?
Congress is addressing two uses that are of grave concern here. One is the privatizing of the FAA, and with that, the control of general aviation. One of the elements that has been proposed is there would be a panel made up of aviation experts that will oversee the management of private operators of the air traffic control system. Most of those people (on the panel,) if not all, will come from commercial aviation. The interests of commercial aviation are different from the interests of general aviation. I have been direct in writing letters to committees back in D.C. telling them, hey, this is nuts.
 
What's the second issue?
There has been a movement to change the way in which general aviation pays for use of the air traffic control system. When general aviators go to the gas station and get fuel, they pay a tax that goes to the Aviation Trust Fund to fund the FAA. What is being proposed is to go to a user fee. To my thinking that is utter insanity. When you have a tax, that tax is paid at the time the fuel is taken down and can go immediately to the United States Treasury. If you have a user system someone has to track every segment of 23 million operations of general aviation aircraft, record that, generate a bill, send it to the operator and hope that bill will get paid.
 
What challenges are facing tenants?
A profound lack of appreciation or understanding about the economic and other benefits of business aviation in particular. In every rent-setting period that I have seen since 1995 LAWA ( Los Angeles World Airports, a city agency that owns the airport) has presented to the operators a rent proposal that is grossly excessive. The operators have had to engage someone to rebut (that) in a professional manner.
 
How?
You have to speak to the folks who are coming to you for the increased rents and say to them, "Excuse me, we have assessed the details of your proposal and it is excessive." This is a very major challenge for the tenants. There has been a change in the mix of tenants at the airport in the last few years. The tenants now have been through a large number of rent negotiation periods. They have all been protracted and inconclusive at any point. As a consequence, it takes a huge amount of time and operators wind up paying fees to consultants like myself to overcome the charges LAWA is proposing.
 
Can you give an example?
One of my clients was negotiating a new lease. An outside appraisal firm had done an appraisal and wanted this client to pay something like $32,000 or $33,000 a year. This is a small operation; $33,000 a year on an acre was huge for him. LAWA had seen the handwriting on the wall with respect to this client. They had another appraisal done at $28,000 a month. So, I went to work analyzing the $28,000 appraisal and discovered a number of mistakes that were intrinsic to the appraisal and saw some assumption errors. When I got done with assessing this guy's appraisal I took the rent down to $22,000 a year without doing anything funny. My client went back to LAWA and negotiated a new rent. He gave them $2,000 above (that figure), $24,000 a year down from $33,000 a year. That I think says a lot of about the relationship between the operators on the airport and LAWA.
 
What did you learn from that?
Reality has to be fundamental to appraisals. LAWA was upset that I was not an MAI appraiser (a professional designation) and they accused me of being a lobbyist. I don't lobby, I just do analyses. They did everything in their power to get me disqualified. But it worked really well.
 
With the growth of jet aircraft, is the airport a place where rich people keep their expensive toys?
Since probably 2000 there has been a continuing increase, with the exception of the recession, in the number of turbine aircraft on the airport. Those aren't toys. Those are planes that go out and take people to factories, on business trips or go to financial centers and do deals. That is the reality. You can never dispel the homeowner's complaint these guys are just flying toys around, but they are really expensive toys. While the owners or operators may take them on vacation, that's maybe two weeks in the summer, two weeks in the winter, maybe a little bit more. The rest of the year that aircraft is working for its owner.

What will the airport look like in 5-10 years?
Generally, people should expect to see more business operations here. The demand for private transportation is growing every year. I have one report that I use in my operations analysis. In that report you will see the names of companies. They are not aircraft registered to John Billionaire, they are aircraft registered to companies. Companies in this day and age of the regulations given to us in the last eight years are more and more up against it in terms of their assets being employed for the merits of the financial statement, not for the benefit of the senior management. It will not please me to see diminished utilization by private aircraft but it is inevitable.
 
Is there a mandatory curfew in the airport's future?
I personally was involved in fighting it. I assisted VICA (the Valley Industry & Commerce Association) in fighting it. In an economic analysis I did and shared with Congressman (Howard) Berman when he was still in office, the analysis indicated that, within three years of the adoption of a curfew, the cost to the community would be $1.4 billion. I don't know that the Congressman (Adam Schiff) who introduced that legislation will continue to pursue it. He has tried a lot of different avenues to achieve it. I think he may have found his colleagues in Congress don't share his views.
 
What consulting work have you performed for airport clients?
There are many small operators on the airport for whom I've done rent work, I've done work for the (Van Nuys Airport) association in a number of different areas. I've done three different development plans - the financial modeling to test the economics, the actual write up of the business plan. I should tell you I never started out to be just an airport analyst. I worked in any area where anyone needs analytic skill and I continue to pursue that.
 
Have you done work at other airports?
I would happily do it for other airports. I have not been called upon.
 
Are you a pilot yourself?
No. I desperately wanted to learn. When I went to UCLA you had to be in the ROTC (Reserve Officers Training Corps). I went into Air Force ROTC. My real goal was to fly big planes for the Air Force. I went all the way through the basic course and completed the academic requirements and then stayed for the advance course where you work toward a commission. They sent us down for a physical in the middle of our junior year. I went screaming through that thing. The last thing on the test was color perception. I failed so miserably, it was unbelievable.
 
So are you color blind?
I am so red-green color blind it's amazing. It's why I always wear gray suits.

Source: San Fernando Valley Business Journal, April 3, 2017
"Grow Your Business Through Export" Workshop Recap 

The  "Grow your Business Through Export" workshop took place on April 18th, hosted by Port of Los Angeles and in partnership with Mayor Eric Garcetti, VITA and The Valley Economic Alliance. 

Councilmember Bob Blumenfield delivered opening remarks and shared that 96% of consumers are outside of the United States and stressed the importance of taking advantage of the tools and resources available to boost local businesses.

Workshop topics included export readiness, finding and expanding overseas markets, financing and insuring overseas sales, the role of the freight forwarded in assisting the export process, and export capabilities of the Port and Airport with experts from U.S. Department of Commerce, Import-Export Bank of the U.S., U.S. Small Business Administration, Los Angeles World Airports, and Los Angeles Customs Brokers and Freight Forwarders Association. 

The workshop highlighted  Mixed Chicks, a Canoga Park based hair product company. They shared their company story and how exporting played a crucial role in their success.
91st Annual World Trade Week Kickoff Breakfast Recap

A record number of more than 900 guests attended the 91st Annual World Trade Week (WTC) Kickoff Breakfast on May 4th. 

WTW is an initiative of the L.A. Area Chamber that dedicates itself to educating the public on the importance and benefits of global trade on the local and national economy through a series of educational programs and events.

World trade is celebrated throughout the month of May with more than 30 events hosted by partnering organizations in Southern California which included VITA's Global Networking Breakfast on May 31st this year. 

Highlights from the event included:
  • Featured Conversation with: Rt. Hon. Tony Blair, former Prime Minister of Great Britain and Northern Ireland.
  • Featured Keynote Speaker: Jack Dangermond, CEO of Esri.
  • Honored 2017 Stanley T. Olafson Award Recipient: Amb. Vilma Martinez, President of the Los Angeles Board of Harbor Commissioners. 
  • Hosted diplomats from over 30 countries. 
  • Awarded over $11,000 in scholarships to 16 high school and university students interested in pursuing careers in global trade.
Select LA Investment Summit Recap

World Trade Center LA ( WTCLA) welcomed 350 attendees to the third annual Select LA Investment Summit, which took place in Downtown Los Angeles on June 15th, with a great reception the prior evening on Paramount Studios' back-lot film set.  The event serves to attract Foreign Direct Investment (FDI) to the region, which creates jobs and economic opportunity for the region's residents. VITA participated as a partner organization. 

Attendees included investors from China, Japan, Korea, Malaysia, Singapore, Canada, Mexico, Brazil, the UK, Germany and a dozen more countries.  The event showcased growth industries in LA County, such as bio-science, advanced transportation, aerospace, digital media & entertainment, tech and real estate, to help inform investor choices about projects and investment opportunities.

Elected leaders including LA County Supervisor Kathryn Barger and City of LA Mayor Eric Garcetti spoke about the potential for investors to participate in developing the infrastructure needed to realize the goals of Measure M, Measure H, and other projects in the LA region.

Investors also heard from successful LA entrepreneurs about their business experiences in LA and key factors that are driving opportunity in the region.  The event also served to help investors make connections with local experts who can facilitate the investment process.

A new report was presented at Select LA, Foreign Direct Investment in Southern California: 2017 Edition, which details the number of firms and related jobs that are attributed to FDI in our region, revealing that nearly 10,000 firms and 439,000 jobs are due to FDI.  View report here

Source: Los Angeles Economic Development Corporation. 
Internet Export Marketing Workshop
August 22, 2017   
The Valley International Trade Association | 818-379-7000 
The mission of The Valley International Trade Association is to promote  international trade by providing valuable resources, informational programs, referral assistance,  and networking opportunities.  

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