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Unit 6 International Trade

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Title: Unit 6 International Trade


1
Unit 6 International Trade
  • Basic concepts of international trade
  • Basic practices of international trade
  • Language associated with trade

2
Part I Basic Concepts
  • 1. Definition
  • international trade the exchange of goods and
    services across national boundaries/borders.
  • 2. Major participants in international trade
  • the buyer that purchases the products
    (importer)
  • the seller that provides the products
    (exporter)
  • banks that facilitate the payment of the
    transaction

3
Part I Basic Concepts
  • 3. Classification
  • import vs. export (directions of the movement
    of commodity traded)
  • tangible trade vs. intangible trade
  • tangible trade the exchange of tangible goods
    (to carry out importing/exporting customs
    formalities)
  • intangible trade the exchange of intangible
    goods, such as services and intellectual property
    rights

4
  • direct trade vs. indirect trade
  • direct trade the producing country sells the
    goods directly to the consuming country. (transit
    country, transit trade, transit duty)
  • indirect trade the producing country sells the
    goods to a third country first and then the third
    country resells the goods to the consuming
    country. (middleman, entrepot trade)

5
4. Policies
  • Manchesterism (free trade policy)
  • It is aimed to assure that the market is free
    to function in an unconstrained manner by
    eliminating the restrictions or removing the
    barriers to effective operation of invisible
    hand of the market and the goods is traded
    freely between nations to increase the wealth of
    both the buying and the selling nations.

6
4. Policies
  • Protectionism (protective trade policy)
  • It means a trade policy by which a government
    sets up controls over its import trade for the
    purpose of protecting its economy (esp.
    agriculture and infant industries) from foreign
    competition and provides preferential treatment
    and subsidies to its exporters or exporting firms.

7
Important terms
  • absolute advantage
  • comparative advantage
  • natural advantage
  • climate conditions, access to certain natural
    resources, or availability of an abundant labour
    force
  • acquired advantage
  • advantage in product or process technology
  • factors of production/productive factors
  • international division of labour

8
Important terms
  • labour-intensive
  • capital-intensive
  • land-intensive
  • technology-intensive
  • economies of scale (ES)
  • specialization
  • specialize in

9
5. Trade barriers
  • Tariff barriers
  • A tariff is a tax (duty) levied on a product when
    it crosses national boundaries. It is the most
    common type of trade control.
  • Purposes
  • revenue tariff to generate fiscal revenue
  • protective tariff to weaken the competitive
    power of the imported goods
  • Types
  • import duty export duty transit duty

10
Tariff barriers
  • Methods of assessment
  • specific tariff or duty ??? a fixed amount of
    duty per physical unit of the imported product,
    say 100 per imported auto
  • ad valorem tariff or duty ??? a fixed
    percentage of the total value of the imported
    goods, e.g. 10, 30
  • compound tariff or duty ??? a combination of
    the above two types of duties
  • alternative tariff or duty ??? Both a specific
    duty and an ad valorem duty are prescribed for a
    product, with the requirement that the more
    onerous one shall apply.

11
Tariff barriers
  • Special duties
  • countervailing duties (CVD) taxes assessed to
    counter the effects of subsidies provided by
    foreign governments to goods exported to the
    importing country. Subsidies cause the price of
    such merchandise to become artificially low,
    which may cause economic injury to
    manufacturers in the importing country.

12
Tariff barriers
  • Special duties
  • anti-dumping duties (ADD) taxes assessed on
    imported goods that are sold in the importing
    country at a price less than normal value. Normal
    value is determined as the price the product is
    normally sold at in the domestic market of the
    exporting country or in a third country, or the
    constructed value (????)which is based on the
    cost of production, selling, general and
    administrative expense, and the normal profits.

13
Words
  • duty
  • put/slap on (a product or goods)
  • increase/raise/put up
  • lower/cut/reduce
  • pay/avoid/evade
  • tax
  • impose/introduce/levy/put on (a product)
  • pay/avoid/escape/evade
  • collect
  • deduct

14
5. Trade barriers
  • Non-tariff barriers (NTBs)
  • NTBs are restrictions to imports but not in the
    usual form of a tariff.
  • Their use has risen sharply after the WTO rules
    led to a very significant reduction in tariff
    use.
  • NTBs usually refer to government requirements
    for licenses, permits, or significant amounts of
    paperwork in order to allow imports into its
    country.
  • gray area in international trade

15
Non-tariff barriers (NTBs)
  • Major forms
  • import quota a limit to the quantities or
    money values of a particular product that can be
    exported to the quota-enacting country.
  • subsidy a government payment to a domestic
    product or industry or a domestic exporting firm.
    (helping to compete against low-cost foreign
    imports and to gain export markets)
  • import license a document required and issued
    by some governments authorizing the importation
    of specified goods into their countries.

16
Non-tariff barriers (NTBs)
  • voluntary export restriction (VER) a quota
    imposed by the exporting country on its domestic
    firms exports to the importing country,
    typically at the request of the importing
    country. (the limitation on auto exports to USA
    enforced by Japan in 1981)
  • customs valuation import duties and other
    charges can be levied on the basis of a decreed
    value of goods that is valued by the customs.
    This practice is a means to avoid fraud in the
    declared import price. The customs of the
    importing country may raise the dutiable price of
    the imports arbitrarily in order to restrict the
    import.

17
Non-tariff barriers (NTBs)
  • technical barriers to trade (TBT) strict
    regulations of products and various measures
    referring to product characteristics such as
    quality, safety or dimensions, packaging, marking
    and labeling requirements as they apply to a
    product. All these can bring rising cost or
    excessive trouble to the exporter/importer and
    thereby lead to the reduction of the import.
    (green barrier)
  • technical regulations (to protect health, life,
    environment)
  • product characteristics requirements

18
6. Basic principles of WTO system
  • Non-discrimination the MFN treatment and the
    national treatment principle
  • Free trade lowering trade barriers
  • Fair competition
  • Special and differential treatment to developing
    countries to provide developing countries
    special rights and exemptions from certain
    obligations
  • Transparency

19
Important terms
  • balance of trade the total of a countrys
    exports minus its imports ????,????
  • favourable balance of trade (trade surplus)
  • unfavourable balance of trade (trade deficit)
  • barter trade the direct exchange of goods for
    goods
  • embargo a prohibition upon exports or imports,
    either with respect to specific products or
    countries
  • export processing zone
  • bonded warehouse/area
  • p.47 Vocabulary

20
Part II Practices of
international trade
  • Trade terms the language of foreign trade
  • International transportation insurance
  • International payments settlements
  • International trade contracts

21
1. Trade terms price terms/delivery terms
  • Standardized terms used in international trade
    contracts which define the trade contract
    responsibilities and liabilities between the
    buyer and the seller.
  • Key elements of international trade contracts,
    since they tell the parties what to do with
    respect to
  • delivery terms (carriages of the goods from
    the seller to the buyer and division of costs and
    risks between the parties)
  • price terms (stipulating what are included in
    the price the buyer paid to the seller, e.g.
    cost, freight, insurance, export and import
    clearance fees, etc.)
  • delivery obligation (what documents should the
    seller provide, e.g. B/L, insurance policy, etc.)

22
Role of trade terms
  • To simplify the process of negotiation
  • To simplify the paper-work of preparation for the
    contract
  • To save time and cost of the transaction

23
Incoterms
  • Incoterms (International Commercial Terms) is a
    set of uniform rules published by ICC for the
    interpretation of trade terms most commonly used
    in international trade.
  • Incoterms was published in 1936 (Incoterms 1936).
    Amendments and additions were later made in 1953,
    1967, 1976, 1980, 1990 and presently 2000 in
    order to bring the rules in line with current
    international trade practices.

24
Incoterms 2000
Group E Departure EXW Ex Works
Group F Main carriage unpaid FCA Free Carrier
Group F Main carriage unpaid FAS Free Alongside Ship
Group F Main carriage unpaid FOB Free on Board
Group C Main carriage paid CFR Cost and Freight
Group C Main carriage paid CIF Cost, Insurance and Freight
Group C Main carriage paid CPT Carriage Paid to
Group C Main carriage paid CIP Carriage and Insurance Paid to
25
Incoterms 2000
Group D Arrival DAF Delivered at Frontier
Group D Arrival DES Delivered EX Ship
Group D Arrival DEQ Delivered EX Quay
Group D Arrival DDU Delivered Duty Unpaid
Group D Arrival DDP Delivered Duty Paid
26
Incoterms 2000
  • Group E EXW
  • The seller fulfills his obligation to deliver
    when he has made the goods available to the buyer
    at his premises or another named place (i.e.,
    works, factory, warehouse, etc.) not cleared for
    export and not loaded on any collecting vehicle.
  • The buyer bears all costs and risks involved in
    taking the goods from the sellers premises to
    the desired destination.
  • It represents the minimum obligation for the
    seller.
  • It can be used for any mode of transportation.
  • Case USD10 per set EX Works Dongguan

27
Incoterms 2000
  • Group F FCA, FAS, FOB
  • The seller has the duty to deliver the goods to
    the carriers place and the freight from the
    place of delivering goods to the port or place of
    destination is paid by the buyer.
  • Critical points coincide the point for
    division of costs is the same as the point for
    division of risk.

28
Incoterms 2000
  • Group F FCA, FAS, FOB
  • FCA
  • The seller delivers the goods cleared for
    export to the carrier (or the person) nominated
    by the buyer at the named place.
  • If delivery occurs at the sellers premises,
    the seller is responsible for loading if
    delivery occurs at any other place, the seller is
    not responsible for unloading.
  • It can be used for any mode of transportation
    including multimodal transport.

29
Incoterms 2000
  • FOB
  • The seller has the duty to deliver the goods
    across the ships rail at the named port of
    shipment.
  • The seller clears the goods for export.
  • The buyer has to bear all costs and risks of
    loss of or damage to the goods from the point
    when the goods have passed the rail of the ship.
  • It can be used only for sea or inland waterway
    transport.
  • Case US18 per piece FOB Guangzhou

30
Incoterms 2000
  • FOB practices
  • When the ships rail serves no practical
    purpose, such as in the case of roll-on/roll-off
    or container transport, the FCA term is more
    appropriate.
  • The buyer arranges the ship for the shipment of
    the goods. The seller sometimes also make the
    contract with the carrier at the buyers risk and
    expense on the buyers behalf.
  • loading charges (trimming, stowing) liner
    (including) charter party (excluding, clarifying
    in the contract)

31
Incoterms 2000
  • Group C CFR, CIF, CPT, CIP
  • The seller has the duty not only to deliver the
    goods to a place or point in his country but also
    to be responsible for arranging the carriage of
    the goods from the place of delivery to the place
    or point of destination at his own expense.
  • Critical points the point for division of
    costs (i.e. place of destination) is different
    from the point for division of risk (i.e. place
    of shipment).

32
  • CFR
  • The seller delivers when the goods pass the
    ships rail in the port of shipment.
  • The seller pays the costs and freight necessary
    to bring the goods to the named port of
    destination, but the risk of loss of or damage to
    the goods, as well as any additional costs due to
    events occurring after the time of delivery, are
    transferred from the seller to the buyer.
  • The seller clears the goods for export.
  • The seller arranges the charter party or rent
    the shipping space.
  • It can be used only for sea or inland waterway
    transport.
  • discharge/unloading charges liner (including)
    charter party (excluding, negotiating)
  • The buyer effects the insurance (the seller
    gives timely notice)
  • Case US12.5 per carton CFR New York

33
  • CIF
  • The seller delivers when the goods pass the
    ships rail in the port of shipment.
  • The seller pays the costs and freight necessary
    to bring the goods to the named port of
    destination, but the risk of loss of or damage to
    the goods, as well as any additional costs due to
    events occurring after the time of delivery, are
    transferred from the seller to the buyer.
  • The seller clears the goods for export.
  • The seller has to procure marine insurance
    against the buyers risk of loss of or damage to
    the goods during the carriage. (The seller
    contracts for insurance on minimum cover and pays
    the insurance premium.)
  • It can be used only for sea or inland waterway
    transport.

34
  • CPT CIP
  • CFR When the ships rail serves no practical
    purpose, such as in the case of roll-on/roll-off
    or container transport, the CPT term is more
    appropriate.
  • CIF When the ships rail serves no practical
    purpose, such as in the case of roll-on/roll-off
    or container transport, the CIP term is more
    appropriate.
  • The risks transfer to the buyer from the seller
    when the goods are delivered to the international
    carrier.
  • Used for many mode of transportation.

35
Incoterms 2000
  • Group D DAF, DES, DEQ, DDU, DDP
  • The seller has the responsibility for the
    arrival of the goods at the agreed place or point
    of destination at the border or within the
    importers country.
  • The seller bears all risks and costs in
    transporting the goods.
  • Contracts under D terms mean arrival contracts.
    (Contracts under F C terms are shipment
    contracts.)

36
How to select a trade term
  • the mode of transportation
  • sea and inland waterway transport only FAS,
    FOB, CFR, CIF, DES, DEQ
  • the mode of payment
  • other factors the time of delivery, the customs
    formalities, the possible risks of loss of or
    damage to the goods during the transportation

37
Variations of Incoterms
  • In practice, the parties often add words to an
    Incoterm to seek further precision than the term
    could offer, e.g. FOB Liner terms, FOB Under
    Tackle, FOB Stowed, FOB Trimmed
  • Since Incoterms 2000 gives no guidance whatsoever
    of such additions, the parties are strongly
    advised to clarify the exact meanings of those
    added terms otherwise serious problems might
    arise.

38
2. International transportation Insurance
  • Major modes of international transportation
  • Ocean transportation convenient low freight
    charges
  • 1. Liner transport (suitable for general cargo of
    small quantity)
  • ? the four fixed fixed sailing date, fixed
    route, fixed ports to call at, and fixed freight
    rates
  • ? different standards for calculating freight
  • W calculated per metric ton on weight
    (weight ton)
  • M calculated per cubic meter on
    measurement of the cargo (measurement ton ???)
  • W/M weight or measurement ton, subject to
    the higher one
  • Ad Val. based on the price or value of the
    cargo

39
Major modes of international transportation
  • Ocean transportation
  • 2. Charter transport
  • charter party between the charterer and the ship
    owner
  • suitable for bulk cargo ??? of large quantity,
    such as grain, coals, crude oil and raw timber
  • time charter ????
  • voyage charter ????

40
Major modes of international transportation
  • Rail transport
  • Air transport
  • Road transport
  • Inland waterway transport
  • Pipeline transport

41
Major modes of international transportation
  • Container transport International multimodal
    transport
  • carrying goods in containers suitable for ocean,
    rail, air and multimodal transport
  • FCL Full Container Load ??? The goods carried in
    a container is owned by the same consignor.
  • Container yard (CY) ??
  • LCL Less than Container Load ???
  • CFS Container Freight Station ??????
  • door to door service

42
Major transport documents
  • Bill of Lading (B/L)
  • receipt for the goods
  • evidence of the contract for carriage (between
    the shipper and the carrier)
  • document of title to the goods
  • Types
  • on board (shipped) B/L received for shipment
    B/L
  • The first is issued after the goods have been
    loaded on board the designated vessel.
  • The second is issued before the goods are
    loaded on board and does not indicate the name of
    vessel and On Board.

43
Bill of Lading (B/L)
  • clean B/L unclean B/L
  • The first is issued for goods which appear to
    be in good condition, carrying no unfavorable
    remarks by the carrier.
  • When the goods are received in apparent damaged
    condition by the carrier for shipment, he will
    note the damage on the B/L, such as packages in
    damaged condition, iron strap loose or
    missing, etc.

44
Bill of Lading (B/L)
  • straight B/L order B/L blank B/L
  • In a straight B/L, the consignee is named
    specially, thus only the named consignee is
    entitled to take delivery of the cargo.
    (non-negotiable/non-transferable)
  • In an order B/L, To order or To the order
    of is filled in the column of Consignee. It
    means the goods are consigned to the order of
    consignor or a named person. (negotiable/transfera
    ble with endorsement)
  • In a blank B/L, there is blank or the words To
    bearer filled in the column of Consignee. It
    could be transferable without endorsement.

45
Bill of Lading (B/L)
  • direct B/L transshipment B/L through B/L
  • The first means the goods are shipped from the
    shipment port directly to the destination port.
  • The second means the goods have to be
    transshipped at an international port as there is
    no direct service between the port of shipment
    and the port of destination.
  • The third is issued by the first carrier
    covering the whole carriage of the goods from the
    port of shipment to the final destination when
    two or more modes of transportation are involved.

46
Bill of Lading (B/L)
  • liner B/L charter party B/L
  • The first is issued by a liner company when the
    liner transport is used.
  • The second is issued when the charter transport
    is used, and is often used together with the
    charter party or a copy of it.
  • long form B/L short form B/L
  • The first is more detailed with shipping
    contract clauses on the back of the page.
  • The second only has the major contents on the
    face.

47
Other documents
  • sea/ocean waybill
  • receipt for the goods
  • evidence of the contract for carriage (between
    the shipper and the carrier)
  • not a document of title to the goods
    (non-negotiable)
  • air waybill (non-negotiable)
  • international combined rail waybill
    (non-negotiable)????????
  • multimodal transport document (MTD) it may be or
    may not be negotiable in practice.

48
Words
  • consignment C/U
  • consigned goods
  • consignor ???
  • shipper ???
  • consignee ???
  • carrier ???
  • shipment C/U
  • forwarder/forwarding agent/freight forwarder
    ?????(?)
  • bearer ???
  • freight to collect ????
  • freight prepaid ????

49
Cargo transportation insurance
  • Key words
  • insurer ???,???
  • underwriter
  • insurance broker
  • (the) insured
  • claimant
  • insurance amount
  • insurance coverage/cover
  • insurance premium

50
Losses (Averages)
  • total loss
  • Actual total loss means the whole lot of the
    consignment has been lost or damaged or found
    valueless upon the arrival at the port of
    destination.
  • Constructive total loss might occur if the cargo
    is not actually lost, but is so seriously damaged
    as to make the goods no longer any use for the
    purpose for which they were originally intended.

51
Averages partial loss
  • particular average ????
  • A particular consignment is partially damaged it
    is a partial loss which is suffered by the one
    whose goods are partly lost or damaged.
  • Other interests in the voyage do not contribute
    to the partial recovery of the one suffering the
    loss.

52
Averages partial loss
  • general average ????
  • a loss that affects all cargo interests on the
    ship and the ship itself.
  • It is in use when both the ship and the
    consignments on board are endangered and the
    captain, for the safety of the ship and the
    consignment on board, intentionally and
    reasonably does some sacrifices or makes some
    expenses.

53
Ocean marine insurance under CIC (China Insurance
Clause)
  • Basic marine insurance coverage
  • purchased individually
  • Additional marine insurance coverage
  • purchased with a basic insurance coverage
  • goods factors
  • transport factors
  • cost factors

54
Ocean marine insurance under CIC (China Insurance
Clause)
  • Basic marine insurance coverage
  • FPA (Free From Particular Average) ???
  • It covers mainly total loss and general average.
  • WA (WPA) (With Average/With Particular Average)
    ???
  • Aside from the risks covered under FPA
    conditions, the insurance of WA also covers
    partial losses of the insured goods caused by
    heavy weather, lightning, tsunami, earthquake
    and/or flood.

55
Basic marine insurance coverage
  • All Risks ???
  • Aside from the risks covered under the FPA and WA
    conditions, the insurance of All Risks also
    covers the loss of or damage to the insured goods
    whether partial or total, arising from extraneous
    risks during transit.
  • All Risks cover FPA WA General Additional
    Risks

56
Additional risks coverage
  • General additional risks
  • theft, pilferage, and non-delivery (T.P.N.D.)
  • fresh water and/or rain damage ?????
  • shortage ???
  • intermixture and contamination ??????
  • leakage ???
  • clash and breakage ??????
  • taint of odour ???
  • sweat and heating ?????
  • hook damage ???
  • breakage of packing ?????
  • rust ???

57
Additional risks coverage
  • special additional risks
  • war risks
  • strike risks
  • failure to delivery ?????
  • rejection ???
  • on deck ???
  • import duty ?????
  • aflatoxin ?????
  • fire risk extension clause for shortage of
    cargo at destination in Hong Kong, including
    Kowloon or Macao (FREC)

58
Case study
  • Suppose that you are selling glassware to
    Britain on the basis of CIF, you have the
    following alternatives
  • FPA plus Breakage Risk
  • WA plus Breakage Risk
  • All Risks plus SRCC (strike, riot, civil
    commotion ?????????)

59
Kinds of insurance policies
  • insurance policy
  • containing all the details concerning the
    goods, coverage, premium and the insured value
  • insurance certificate
  • simplified version
  • open policy
  • providing all the goods shipped by the insured
    while the policy is in effect. (duration)

60
Insurance clause in the sales contract
  • Under CIF CIP terms
  • Insurance To be covered by the seller for
    110 of total invoice value against All Risks and
    War Risk, as per and subject to the relevant
    ocean marine cargo clauses of PICC dated
    1/1/1981.
  • Under FOB ...
  • Insurance To be covered by the buyer.

61
Key words
  • ICC Institute Cargo Clauses ?????????????
  • the Lloyds
  • ??
  • insure sth. against (fire)
  • cover/effect/purchase/take out/arrange
    insurance
  • franchise
  • lodge/make a claim

62
3. International payments
  • Key factors determining the payment method
  • the business relationship between the seller
    and the buyer
  • the nature of the goods
  • industry norms
  • the distance between the seller and the buyer
  • the potential for currency fluctuation
  • political and economic stability in both the
    exporting and the importing countries

63
Instruments of payment
  • Bill of Exchange (Draft)
  • a bill (order) signed by the drawer, requiring
    the entrusted payer (drawee) to make
    unconditional payment in a fixed amount at the
    sight of the bill or on a fixed date to the payee
    or the holder.
  • transferable with endorsement
  • issue/draw a draft
  • honour/dishonour a draft
  • presentation
  • acceptance
  • sight draft/demand draft time draft/usance
    draft
  • bankers draft commercial draft

64
Endorse the back!
DRAFT
January 5
Sight 20 Pay to the order of
Dollars To
At
08
ABC Exporter
8,020.00
Eight Thousand Twenty Dollars and 00/100
Drawn under Documentary Credit No.
M0491110NS00616, of the Standard Chartered Bank,
Seoul, Korea, dated September 17, 2007
Standard Chartered Bank New York, NY
ABC Exporter
65
Instruments of payment
  • Promissory note
  • an instrument written and issued by a drawer,
    promising to pay unconditionally a fixed amount
    of money to a payee or bearer at the sight of the
    instrument.
  • Check
  • an instrument issued by a drawer, at the sight
    of which the check deposit bank or other
    financial institutions unconditionally pay the
    fixed amount to the payee or bearer.

66
Settlement on commercial credit
  • payment in advance/advance payment
  • greatest security for the seller and greatest
    risk for the buyer
  • open account ????
  • an agreement between the buyer and the seller
    whereby the goods are manufactured and delivered
    before payment is required.
  • remittance
  • a bank (the remitting bank), at the request of
    its customer (the remitter), transfers a certain
    sum of money to its oversea branch or
    correspondent bank (the paying bank) instructing
    them to pay to a named person or corporation (the
    payee or beneficiary) domiciled in the country.

67
Settlement on commercial credit
  • remittance
  • M/T mail transfer means the remittance by
    airmail.
  • T/T telegraphic transfer refers to the
    remittance by cable, telex, or SWIFT (Society for
    Worldwide Interbank Financial Telecommunication
    ??????????)
  • D/D remittance by bankers demand draft (the
    remitting bank draws a demand draft on the paying
    bank at the request of remitter, and the remitter
    himself sends the draft to the payee and the
    payee then presents this draft to the paying bank
    for payment)

68
Settlement on commercial credit
  • collection
  • the seller entrusts a bank to collect payment
    from the buyer through the banks branch or
    correspondent bank in the buyers country.
  • clean collection without accompanied by
    commercial documents, such as invoice, B/L,
    insurance policy
  • documentary collection
  • D/P documents against payment
  • D/A documents against acceptance

69
Settlement on commercial credit
  • collection
  • parties related to a collection
  • principal creditor (the seller) ???
  • drawee payer (debtor)
  • remitting bank ???
  • collecting bank ???
  • presenting bank

70
?
Buyer Takes All the Risk
Seller Takes All the Risk
?
?
Pre-Pay
Letter of Credit
Documents Against Payment
Documents Against Acceptance
Open Account
Who Should Take the Risk?
71
Settlement on bank credit
  • Letter of Credit (L/C)
  • a written undertaking issued by a bank (the
    issuing bank) to the seller (the beneficiary) at
    the request and in accordance with the
    instruction of the buyer (the applicant) to
    effect payment (i.e. by making a payment, or by
    accepting or negotiating bills of exchange) up to
    a stated sum of money, within a prescribed time
    limit and against stipulated documents.
  • Guaranteed by the issuing banks creditworthiness
    (the issuing bank undertakes to effect payment)
  • Self-sufficient instrument the L/C is issued on
    the basis of the sales contract but independent
    of it.
  • Dealing with documents under a L/C, banks deal
    with documents other than goods.

72
WHY HAVE A LETTER OF CREDIT?
IF I SHIP GOODS, WILL YOU PAY?
IF I PAY, WILL YOU SHIP THE GOODS?
SOLVES ISSUES OF MUTUAL MISTRUST BY USING BANKS
AS ARBITERS
NEGOTIATE L/C TERMS BEFORE ENTERING A CONTRACT
73
Parties to a L/C
  • applicant or opener importer or buyer (margin)
  • beneficiary exporter or seller
  • issuing bank or opening bank
  • advising bank ???
  • confirming bank ???
  • negotiating bank ???
  • paying bank ???
  • accepting bank ???
  • reimbursing bank ???

74
Parties to a L/C
PARTY
LETTER OF CREDIT TERM
75
LETTER OF CREDIT
Uniform Customs and Practice for Documentary
Credits (2006 Revision), International
Chamber of Commerce, Publication No. 600
UCP600
76
Contents of a L/C
  • Statements about the credit the name and address
    of the issuing bank, the beneficiary, and the
    applicant type of the credit amount of the
    credit and its currency L/C number and date of
    issue expiry date and place.
  • Requirements on the documents
  • draft
  • commercial invoice
  • shipping document (B/L)
  • packing list
  • insurance policy/certificate
  • certificate of origin
  • inspection certificate
  • other documents

77
Contents of a L/C
  • Descriptions about the goods transacted name,
    quantity, quality, unit price, packing, shipping
    marks, etc.
  • Details of the transportation of the goods the
    shipment port/place, the destination port/place,
    time of shipment, transshipment allowed/not
    allowed, partial shipment permitted/not
    permitted.
  • Other items instructions to the advising bank or
    negotiating bank or paying bank, the undertaking
    clauses of the issuing bank

78
General procedure
  • 1. Applying for issuing a L/C in favour of the
    seller (the beneficiary) by the applicant (the
    buyer) the application form
  • 2. Issuing and advising the L/C
  • the issuing bank issues the L/C and transmit
    it to another bank through which the L/C will be
    advised to the beneficiary (so that the
    beneficiary may make necessary preparation for
    shipping the goods and drafting the documents
    stipulated in the credit)

79
General procedure
  • 3. Examining the L/C and presenting the documents
    by the beneficiary
  • the terms and conditions of the L/C are in
    accordance with those in the sales contract
  • to contact the applicant and request an
    amendment of the L/C
  • to present the documents to the negotiating
    bank for negotiation
  • 4. Examining and negotiating the documents by the
    negotiating bank

80
General procedure
  • 5. Examining the documents and making the
    payment by the issuing bank
  • After negotiation, the negotiating bank
    presents the documents to the issuing bank for
    payment.
  • The issuing bank examines the documents and
    make the payment.
  • the right to recourse the beneficiary
  • 6. Examining the documents and paying to the
    issuing bank by the applicant

81
Some common pitfalls
Things that stop payment under the L/C
discrepancies
  • L/C expired
  • L/C overdrawn
  • tenor incorrect
  • draft not endorsed
  • goods description not as per L/C
  • late shipment
  • B/L not on board
  • B/L not endorsed
  • insurance coverage not sufficient
  • ports incorrect
  • freight payment not as per L/C
  • B/L notify party incorrect
  • insurance policy not negotiable
  • signatures not present
  • certifications absent
  • descriptions not consistent

82
Major types of credit
  • clean credit
  • payment is made only against a draft without
    any shipping documents
  • documentary credit
  • payment is made against documents representing
    title to the goods and thus making the transfer o
    title possible
  • revocable L/C
  • can be amended or cancelled at any moment by
    the issuing bank without previous notice
  • irrevocable L/C
  • constitutes a definite undertaking of the
    issuing bank and can be amended or cancelled by
    the issuing bank only on condition that all
    parties concerned

83
Major types of credit
  • sight L/C
  • calling for payment on the presentation of the
    documents either with or without a sight draft
  • usance/time L/C
  • a time draft is to be drawn at any length of
    time (30 days, 60 days)
  • confirmed L/C
  • advised to the beneficiary with another banks
    confirmation added.
  • unconfirmed L/C
  • advised to the beneficiary without adding any
    other banks confirmation.

84
Major types of credit
  • transferable L/C
  • the beneficiary is allowed to transfer all or
    part of the proceeds/amount of the L/C to a
    second beneficiary. (be noted transferable and
    be transferred only once)
  • nontransferable L/C
  • the beneficiary is not allowed to transfer the
    proceeds of the L/C to another.

85
(No Transcript)
86
Exercises
  • pp.48-49
  • Letters of credit
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