Mar 29, 2015 08:46
9 yrs ago
2 viewers *
French term

prime

French to English Bus/Financial Law: Taxation & Customs in a power of attorney
Onbviously, I have already looked this basic term up in all normal resources. The problem I have here is simply that I think it is short for something (that is never stated), and without knowing what that 'something' is, I can't be sure of choosing the right translation.

It appears in the list of things that a principal is authorizing his agent to do in the context of a power of attorney; the company in question is a distributor of some kind of health products (not pharma, but herbal food supplements, etc. I believe), and the person to who powers are being delegated is the Company's Accounting & Financial Manager.

Among the powers granted, we find:

­ signer tous documents relatifs aux douanes et/ou transports et, représenter la Société auprès des administrations douanières, exécuter toutes formalités, ... , réclamer et recevoir toutes primes, donner décharge, ... ;

Given that these 'primes' are the ONLY financial elements specifically mentioned, it seems to me they must be referring to soemthign specific to do with customs clearnaces; they can't be 'dues', as they are being received, not paid; but I am not personally aware of any kind of 'premiums' associated with customs.

Can anyone help me find out at least what kind of 'primes' these are, in order to help me progress with my research?

By the way, even if you find the whole document on line, please do NOT post it or references to it here, for reasons of client confidentiality.

This is a document from France, and intended for a European readership.

Discussion

Tony M (asker) Apr 1, 2015:
@ Allegro Trans That is exactly the problem I have expressed here; as stated in my original question, I too know from experience that 'prime' can have several different meanings; it is clear that here it is being used very specifically, and must be referring to a 'prime [something]' — but I had not been successful in my researches to find whcih kind of 'prime' it might be in this instance.
The customer has validated my translation choice and has declined to come back to me with any further explanations, so we can only assume they were happy with the solution chosen.
Ghyslaine LE NAGARD Apr 1, 2015:
To Nikki: a "prime" is not just and only a bonus payment, a prime is a unique payment granted/made for a specific reason. It can be by a company to an employee for additional work, by an insurance Cie following an insurance claim, by a government for a specific reason; Right now the French government is paying a "prime à la casse" payment of 10 000 euros for buying an hybrid or electric car, etc.
AllegroTrans Apr 1, 2015:
Among many other meanings "Primes" can mean allowances
My experience is that the single FR word covers 10 or so separate words used in EN
Daryo Apr 1, 2015:
@Ghyslaine LE NAGARD small fly in the ointment:
this representative is authorized to collect "les primes" NOT to pay them // "les primes" are not always about insurance, and certainly not in this ST.
Tony M (asker) Mar 31, 2015:
QUESTION IN PRE-CLOSURE The translation has now been delievered and validated by the customer, so I shall shortly be closing this question, with thanks already to all those who have so kindly contributed.
Tony M (asker) Mar 31, 2015:
@ Germaine Merci ! Yes, the ... only indicates the removal of a few extraneous words that do not in any way hel the understanding of the sentence; and yes, as you say, exceptionally, this particualr section seems to deal specifically with customs issues, in an overall section that deals with fiscal and customs issues. It's really a very small part of the whole thing, which is why I found it slightly curious that they should suddenly mention soemthing apparently quite so specific, when almost everything else is either couched in very general terms, or else includes lengthy (but non-exhaustive!) lists. The fact that this perticular word occurs here, and in such a way as to draw attention to itself, made me think it might have special significance.
I have researched the company in greater detail, but have still not been able to find out really if 'export' is a major part of their activities or not.
It is, however, a company based in Latin America, and this power of attorney is being given to senior staff in the French subsidiary, so I can imagine it is plausible that the French company might be used as a distribution facility for Europe and Asia, say.
Germaine Mar 31, 2015:
Tony, Si le paragraphe entier se rapporte aux douanes (c'est ce que je constate, mais il y manque les "...") j'ai bien l'impression que ces "primes" sont des "incentives", ce qui semble cohérent tant du point de vue fiscal qu'économique puisqu'ils faut les "réclamer" et "les recevoir", ce qui suggère un programme ou une dispense quelconque.
Daryo Mar 30, 2015:
Drawback? where is ANY mention of goods being re-exported???

What is in the ST is "primes" most likely "à l'exportation" [there is also a very slim chance of them being "primes à la production"]

Pour mettre les points sur les i:

Usually:
-- importers have to pay on top of the invoiced price "les droits de douanes" / "custom duties" - the point being to give an advantage to national producers of the same goods;

-- exporters are purely and simply given "primes à l'exportation" [export subsidies] on top of the invoiced prices to help them beat the competition abroad nothing to do with any ristourne / drawback or any other term that would imply that some previous payments are being reimbursed.

same goes for "primes à la production" these are subsidies that are purely and simply given to producers.

Aideen Rodrigues Mar 29, 2015:
Rebate? Could it be something as simple as rebates? i.e., if customs had to rebate the company in the even of overpayment?
Tony M (asker) Mar 29, 2015:
@ A/T I think I covered that pretty comprehensively in my original question, C:

"It appears in the list of things that a principal is authorizing his agent to do in the context of a power of attorney; the company in question is a distributor of some kind of health products (not pharma, but herbal food supplements, etc. I believe), and the person to who powers are being delegated is the Company's Accounting & Financial Manager."
Howard Sugar Mar 29, 2015:
I am pretty sure that a drawback in duty terminology is "ristourne" in French.
Francis Murphy (X) Mar 29, 2015:
drawbacks Goods imported may be subject to customs duty; if re-exported, either as part of a manufacturered item or alone, the duty may be refundable; this refund is called a drawback. See http://en.wikipedia.org/wiki/Drawback.
Howard Sugar Mar 29, 2015:
I was about to say the same thing as Ana when her entry appeared.
Ana Vozone Mar 29, 2015:
Maybe bonus, incentive, or even commission? In the sense of
http://www.larousse.fr/dictionnaires/francais/prime/63925
Somme, objet, avantage alloués à titre d'encouragement, de récompense, d'incitation.

This type of (distribution) business normally pays some compensation on volume.

https://www.google.pt/webhp?sourceid=chrome-instant&ion=1&es...
Ghyslaine LE NAGARD Mar 29, 2015:
I think it could be related to insurances: see the below definition of "prime" in this case which is also an amount granted following damages to something:
- Somme payée à échéance régulière par un assuré à son assureur dans le cadre d'un contrat, d'une police d'assurance et, /////p. ext., somme que l'assuré reçoit de son assureur pour le dédommagement d'un sinistre couvert par un contrat d'assurance.////

In the context given it does make sense.
Chakib Roula Mar 29, 2015:
Custom duty?

Proposed translations

-1
12 hrs
French term (edited): primes (à l\'exportation)
Selected

export premiums / export subsidies

given that this agent will be dealing with Customs, it's a fairly safe assumption that "les primes" are in fact "les primes à l'exportation", a form of export subsidies.

https://www.google.co.uk/search?q=export premium

"Export Premiums


financial benefits granted in capitalist countries to exporters by state bodies or monopolistic associations for the purpose of expanding the export abroad of certain goods. They were first systematically introduced at the end of the 19th century and are applied on an extensive scale in capitalist countries today.

Export premiums take the form either of payments to national exporting companies of money subsidies for the export of goods (direct export premiums) or of the granting to such companies of exemptions from internal taxes and dues (concealed export premiums). Direct export premiums enable ex-port firms to reduce their prices while maintaining their profits at a high level. Such subsidies are used in the United States for the export of agricultural products, such as cotton. Japan and the countries of Western Europe use such subsidies in the export of many kinds of finished articles, including textiles and automobiles. The volume of the export premium may amount to as much as 60 or 70 percent of the price of the article, thus enabling monopolies to engage in dumping.

Concealed (indirect) export premiums are accorded by a government to a domestic exporting firm in the form of advantageous conditions for the payment of domestic taxes, excise and customs duties, and other dues. In Western Europe, the United States, and Japan, a system of tax benefits exists for the expansion of exports: exporting monopolies are exempted from tax payments or pay only a reduced rate. The system of indirect export premiums exempts export firms from the payment of import duties (or provides for their subsequent refunding) if the export firms are using imported raw materials for the manufacturing of goods for export (the so-called conditional duty-exempt importation, or return of duties).

Export premiums are one of the ways in which monopolies use the state machinery in the struggle for foreign markets. They impose a heavy burden on the shoulders of the working masses of capitalist countries, representing as they do a method of redistribution in the interests of monopolistic capital of the share of the taxes and duties accruing to the state budget.

I. I. DIUMULEN
The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved."

http://encyclopedia2.thefreedictionary.com/Export Premiums
Note from asker:
Thanks, Daryo! Although my context does not make it explicitly clear that this is an export situation, the total absence of any reference anywhere to 'paying dues' of any kind seems to suggest that is a more probable scenario than import — and as you say, one or the other seems to be pretty much obligatory, given the involvement of customs (and we are not in an Excise Duty context). So I have decided to use 'premiums' (without adding the specific mention of 'export') as being the most plausible of the 'general' solutions, which readers will be able to interpret for themselves.
Peer comment(s):

disagree Ghyslaine LE NAGARD : Nothing says that is it for export specifically
8 hrs
are you sure that your "nothing" includes everything that was given as context? You could reread it ...
neutral B D Finch : How do you relate that to its appearance in the middle of stuff about Customs?
11 hrs
?? Where are Customs usually located? at the borders dealing with import/ export/transist? and the only "primes" you get at the borders are given for exporting goods ... I don't see where is the problem
Something went wrong...
3 KudoZ points awarded for this answer. Comment: "Many thanks!"
+1
3 hrs
French term (edited): primes

repayments, refunds and reimbursements

My attempt at a "catch all" phrase that hopefully is not "wrong"
POAs are, after all, designed to be "catch all"
I asked myself "what would an EN-spkg lawyer do when drafting a similar POA"?
Note from asker:
Thanks, C! I agree in principle with the idea of a catch-all phrase, as indeed are used elsewhere throughout the text; however, in this particular instance, they seem to be using one very specific term, in stark contrast to the all-embracing nature of all the other terms used elsewhere.
Peer comment(s):

neutral Nikki Scott-Despaigne : The original does specifically use the term "prime" and it is specifically a "bonus payment". There is quite a difference : repayments, refunds etc are due as of right; bonuses are not. To retain that specific nature of the payment, bonus fits best.
2 hrs
agree Ghyslaine LE NAGARD : Yes, any that the company would be entitled from insurances, tax refund, etc.
17 hrs
Something went wrong...
-1
4 hrs

export bounty

Bounty: nowt to do with a choco-bar, but not a custioms & export term that immediately springs to mind
Note from asker:
Thank you, Adrian, for your contribution! Although I still don't have positive proof that this is to do with export, like Nikki, I do feel that 'bounty' is too dated and has connotations of a specific situation, which risks being quit wrong in my instance, so I daren't risk using this solution.
Peer comment(s):

neutral Nikki Scott-Despaigne : Interesting but the term is dated. Goes back to mercantilism. Also, Linguee may be a starting point, but it is not really a suitable stand-alone reference source, as it indicates another translator's choice.
1 hr
Indeed.
neutral Daryo : Linguee = few usable bits to be found under a mountain of @£$$%$, 99% of the time not worth the trouble ...
9 hrs
disagree Ghyslaine LE NAGARD : Nothing says that is it for export specifically
16 hrs
Something went wrong...
-2
12 hrs

export bonus

Due to the Common Agricultural Policy, EU's agricultural products are not internationally competitive (their domestic prices are higher than their international prices). So their exportation is conditional upon the EU compensating any EU agricultural export for the loss due to alignment with international, agricultural prices. Hence the bonus talked about in the text submitted for translation, and the link as follows.


http://www.douane.gouv.fr/articles/a10895-restitutions-a-l-e...

--------------------------------------------------
Note added at 13 hrs (2015-03-29 22:05:54 GMT)
--------------------------------------------------

Response to Asker: what's the rationale for dealing with the Customs Administration if there is no exporting?

Note from asker:
Merci, François ! Sadly, though, there is no element of agriculture in my context, nor, I think, is any exporting involved.
Well, I had been assuming all along it was to do with IMporting (which would make more sense, given the wider context) — though now Daryo's answer has made me wonder. However, it is definitely nothing to do with agriculture!
Peer comment(s):

disagree Daryo : the ST is bout "primes" NOT "restitutions"
5 mins
The "restitutions" represent the incentive for the agricultural sector to export. Otherwise, there would be no export, given the C.A.P.
disagree Ghyslaine LE NAGARD : Nothing says that is it for export specifically
8 hrs
Something went wrong...
-1
14 hrs

rebate

a return of part of the original customs payment.

--------------------------------------------------
Note added at 14 hrs (2015-03-29 23:02:23 GMT)
--------------------------------------------------

The company in question are probably not experts in the terminology used by Customs, so they would be more likely to use a more every-day word than 'ristournes'.
Note from asker:
Thank you for your contribution! I do not think we should assume the company are unaware of correct terminology; they are quite a big operator, and demonstrate everywhere else that they do use terminology very precisely; I should be very surprised if they accidentally used the wrong term here.
Peer comment(s):

disagree Ghyslaine LE NAGARD : Customs do not give "rebates"
7 hrs
Something went wrong...
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