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DECLARATION
We completed this project on INTERNATIONAL TRADE FINANCE in partial
fulfillment of the requirements The information submitted is true and original to the best of
my knowledge.
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Summary
The project aims to understand the major issues in international trade finance. The
report at the outset defines Trade Finance in the international context. The report has been
divided into fourteen parts.
The first part gives an overview of international trade finance, reasons, balance of
payment and risks included in international trade finance. The second part deals with the
various methods of payments. The various methods of payments like - Advance Payment and
Advance Remittance, Open Account, Bills on Collection Basis, Documentary Credit (L/C),
etc
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The third part of the report focuses on the various documents involved in international
trade finance. The fourth part discusses the INCOTERMS. It is then followed in the fifth part
by INTERNATIONAL STANDARD BANKING PRACTICE (ISBP).
The sixth and the seventh parts deals with the URR (UNIFORM RULES FOR BANK
TO BANK REIMBURSEMENT) and the OPERATION OF DOCUMENTARY CREDIT
Further the report discusses the various factors of Export Finance and the Export
Credit Guarantee Corporation of India.
Finally the report concludes with a brief on External Commercial Borrowings and the
various Risk Management Tools that can be used.
Sr.
No.
TOPICS Page
No.
1. INTERNATIONAL TRADE
Introduction
Reasons for International Trade
Risks in International Trade
7-11
2. METHODS OF PAYMENT
Advance Payment
Advance Remittance
Open Account
12-14
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Bills on Collection Basis
Documentary Credit (L/C)
3. DOCUMENTS USED IN INTERNATIONAL TRADE
TRANSACTIONS
Financial Documents
Bill of Exchange (B/E)
Commercial Documents
Commercial Invoice
Certificate of origin
Transport documents
Bill of lading
Airway Bill
Postal Receipt
Multimodal Transport Document
Risk covering documents
Insurance policy
Regulatory documents
Export declaration form
Export certificate
15-21
4. INCOTERMS 22-27
5. INTERNATIONAL STANDARD BANKING PRACTICE (ISBP) 28-30
6. URR (UNIFORM RULES FOR BANK TO BANK
REIMBURSEMENT)
31-33
7. STANDBY L/C 34-38
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8. BANKERS ACCEPTANCE 39-42
9. FORFAITING AND FACTORING 43-50
10. RISK MANAGEMENT 51-52
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INTERNATIONAL TRADE:
International trade is the exchange of capital, goods and services across international
boundaries or territories. Industrialization, advanced transportation, globalization,
multinational corporations, and outsourcing are all having a major impact on the international
trade system. Increasing international trade is crucial to the continuance of globalization.
International trade is a major source of economic revenue for any nation that is considered a
world power. Without international trade, nations would be limited to the goods and services
produced within their own borders.
International trade is in principle not different from domestic trade as the motivation and the
behavior of parties involved in a trade does not change fundamentally depending on whether
trade is across a border or not. The main difference is that international trade is typically more
costly than domestic trade. The reason is that a border typically imposes additional costs such
as tariffs, time costs due to border delays and costs associated with country differences such
as language, the legal system or a different culture.
Another difference between domestic and international trade is that factors of production such
as capital and labor are typically more mobile within a country than across countries. Thusinternational trade is mostly restricted to trade in goods and services, and only to a lesser
extent to trade in capital, labor or other factors of production. Then trade in goods and
services can serve as a substitute for trade in factors of production. Instead of importing the
factor of production a country can import goods that make intensive use of the factor of
production and are thus embodying the respective factor. An example is the import of labor-
intensive goods by the United States from China. Instead of importing Chinese labor the
United States is importing goods from China that were produced with Chinese labor.
International trade is also a branch ofeconomics, which, together with international finance,
forms the larger branch ofinternational economics.
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The regulation of international trade is done through the World Trade Organization at the
global level, and through several other regional arrangements such as MERCOSURin South
America, NAFTA between the United States, Canada and Mexico, and the European Union
between 27 independent states.
REASONS FOR INTERNATIONAL TRADE
Domestic Non-availability
International trade is the exchange of goods and services between countries. An import is
the UK purchase of a good or service made overseas. An exportis the sale of a UK-made
good or service overseas.
A nation trades because it lacks the raw materials, climate, specialist labor, capital or
technology needed to manufacture a particular good. Trade allows a greater variety of
goods and services.
Principle of Comparative Advantage
The principle of comparative advantage states that countries will benefit by concentrating
on the production of those goods in which they have a relative advantage.
For instance, France has the climate and the expertise to produce better wine than Brazil.
Brazil is better able to produce coffee than France. Each country benefits by specializing
in the good it is most suited to making.
France then creates a surplus of wine which it can trade for surplus Brazilian coffee.
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Differences in Technology
Advantageous trade can occur between countries if the countries differ in their
technological abilities to produce goods and services. Technology refers to the techniques
used to turn resources (labor, capital, land) into outputs.
Differences in Demand
Advantageous trade can occur between countries if demands or preferences differ between
countries. Individuals in different countries may have different preferences or demands for
various products. The Chinese are likely to demand more rice than Americans, even if
facing the same price. Canadians may demand more beer, the Dutch more wooden shoes,
and the Japanese more fish than Americans would, even if they all faced the same prices.
Existence of Economies of Scale in Production
The existence of economies of scale in production is sufficient to generate advantageous
trade between two countries. Economies of scale refer to a production process in which
production costs fall as the scale of production rises. This feature of production is also
known as "increasing returns to scale."
Existence of Government Policies
Government tax and subsidy programs can be sufficient to generate advantages in
production of certain products. In these circumstances, advantageous trade may arise
solely due to differences in government policies across countries.
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IMPORTANCE OF INTERNATIONAL TRADE
Global trading provides countries and consumers the chance to be exposed to those
services and goods that are not available in their own country. Clothes, food, jewelry,
stocks, wines, spare parts etc. and many more products are available in international
market. Trading of services is also done like: banking, consulting and transportation,
tourism.
International trading lets the developed countries use their resources effectively like
technology, capital and labor. As many of the countries are gifted with natural resources
and different assets (labor, technology, land and capital), they can produce many products
more efficiently sell at cheaper prices than other countries. A country can obtain an itemfrom another country if it cannot effectively produce it within the national boundaries.
Global trading allows the different countries to participate in global economy
encouraging the foreign direct investors. These individuals invest their money in the
foreign companies and other assets. Hence the countries can become competitive global
participants.
International trading has become very important for every country of the world - be it
big or small, developing nation or developed nation. The concept of globalization started
way back 1980, developed due advancement of technology in areas transport and
communication. Another encouraging aspect is that the poor and developing nations are
trying hard to beat the competition and to satisfy the needs of the customers overseas. An
increase from less than twenty five percent to eighty percent has been observed after the
initiation of globalization. The major contribution is made by the countries like Hungry,
China, Mexico, India and Brazil.
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RISKS IN INTERNATIONAL TRADE:
The risks that exist in international trade can be divided into two major groups
1. Economic risks
Risk of insolvency of the buyer,
Risk of protracted default - the failure of the buyer to pay the amount due within six
months after the due date
Risk of non-acceptance
Surrendering economic sovereignty
Risk of Exchange rate
2. Political risks
Risk of cancellation or non-renewal of export or import licenses
War risks
Risk of expropriation or confiscation of the importer's company
Risk of the imposition of an import ban after the shipment of the goods
Transfer risk - imposition of exchange controls by the importer's country or foreign
currency shortages
Surrenderingpolitical sovereignty
Influence of political parties in importer's company
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METHODS OF PAYMENT:
1. ADVANCE PAYMENT:
When the buyer s credit is doubtful or the political or economic environment in the buyer`s
country is unstable, seller may demand advance payment, which will be to his advantage.
Without any assurance for supply of goods, blocking his capital prior to receipt of goods or
services the buyer will be at a disadvantageous position.
2. OPEN ACCOUNT:
By an arrangement between the buyer and the seller, manufactured goods will be
delivered to the buyer directly or to his order and the buyer will be at the end of the agreed
period. This type of trading requires a high degree of trust between the buyer and the
seller and it will be more advantageous to the buyer.
3. BILLS ON COLLECTION BASIS:
It is an arrangement by which the seller after shipping the goods submits the documents to
his bank as agent for collection. Documents are presented to the buyer through the
correspondent bank of the seller`s bank, which will be released upon buyer`s payment of
the amount specified.
4. DOCUMENTARY CREDITS: (LETTERS OF CREDIT) :
It is one the most convenient methods of selling payments in International Trade. It
provides complete financial security to the seller of goods. Seller may not know the credit
worthiness of the buyer and the prevailing regulations in the country of the buyer. But
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once the letter of credit is established by the buyer`s bank on behalf of the buyer in favor
of the seller and the seller submits then set of required documents to the opening bank or
to the nominated bank, the seller is assured of payment. Buyer also gets the advantage of
his banker`s assistance closely scrutinizing the documents and only after receiving the
relevant documentary evidence from the seller by the banker nominated in the credit, the
nominated banker releases payment.
Method of
payment
TIMING OF
PAYMENT
GOODS
AVAILABILITY
SELLER`S RISK BUYER`S
RISK
ADVANCE Before
shipment
At destination
arrival
None 100%
reliance on
seller
SIGHT L/C Presentation
of documents
after
shipment
When L/C is paid Minimal
Issuing/confirming
bank`s obligation to
pay if documents
confirm to L/C
Assurance
of
shipment,
but depends
on seller to
supply
goods
ordered.
USANCE L/C Maturity Date
or at discount
of the draft
At acceptance of
draft drawn under
the L/C.
Minimal, Bank`s
obligation to pay if
documents confirm
to L/C terms.
Regardless
of product
quality,
payment
due at
maturity.
D/P
COLLECTION
When
documents
are received
at Presenting
Bank
When payment is
made.
Non-Payment of
draft.
Assurance
of
shipment,
but depends
on seller to
supply
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goods
ordered
D/A
COLLECTION
When
accepted Bill
of exchange
matures.
At time Bill of
Exchange is
accepted.
Non-payment of Bill
of Exchange, even
though buyer has the
merchandise.
Minimal,
may refuse
to pay at
maturity.
OPEN A/C Buyer`s
discretion
Upon arrival 100% reliance on
buyer
Zero
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DOCUMENTS USED IN INTERNATIONAL TRADE
TRANSACTIONS:
Commercial documents used in international trade are broadly classified into 4 categories
namely
Financial documents
Commercial documents
Transport documents
Risk Covering documents
Regulatory documents
FINANCIAL DOCUMENTS:
These documents perform the function of obtaining finance, collection of payment etc. The
most common financial document used is bill of exchange.
Bill of Exchange: (B/E):
A B/E is also referred to as Draft or Hundi. In many countries a B/E is recognized as a
legal document. In India section 5 of the Negotiable Instruments Act, 1881 defines the B/E. A
B/E performs the 5 basic functions which are
Collecting payment: B/E shows that there is a commercial of trade transaction underlying the
B/E drawn and it is an instrument for collecting payment arising out of such a transaction.
Demanding Payment: When a B/E is drawn and presented to the drawee (buyer) for payment,
it amounts to having made a demand on the drawee to pay the payment.
Extending Credit: When a B/E is drawn for a particular tenure it means that the drawer
(seller) is allowing the drawee to make payment at a future date i.e. the seller is extending hisbuyer a credit.
Promise of Payment: Certain B/E`s are drawn on acceptance basis, i.e. the drawee will be
given the documents upon his acceptance to pay the bill at a specified tenure. Such an
accepted bill of exchange is sufficient evidence of promise of payment by the drawee.
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Receipt of Payment: When the amount shown on a B/E is paid by the drawee, the payee
endorses the B/E is received payment. Thus a discharged B/E acts as a receipt for having
paid the amount.
In International Trade B/E are drawn in sets of two so that each one can be sent with one set
of document. When they are drawn in sets of two, each one bears the exclusion clause makingthe other part of the draft invalid.
B/E can be classified into two categories:
SIGHT B/E: Under this the drawee has to make a payment on presentation/sight/demand.
Documents drawn under this credit will be delivered to the payee only on payment.
USANCE B/E: Under this the drawee is directed to make payment after a stated number of
days or a period from a particular date or event. There are two types of usance:
Usance documents against payment basis: In this the drawee is allowed to make the payment
after a stated tenure, but the documents covered by the draft will be delivered only on
payment of the draft amount.
Usance documents against acceptance basis: In this the documents will be delivered to the
drawee against his acceptance of the draft for the payment at the maturity on the due date.
As per Indian Stamp Act usance B/E drawn or made payable in India attract stamp duty.
Other common financial documents used are receipts, promissory notes, etc.
COMMERCIAL DOCUMENTS:
Documents which are needed by the buyer and the seller for their normal business
transactions are termed as commercial documents. Some of the common commercial
documents are:
Commercial Invoice: Also known as document of contents because it generally contains all
the information required for the preparation of all other documents. There is no standardformat for commercial invoice but it normally contains the following:
DATE
NAME & ADDRESS OF THE SELLER AND THE BUYER
ORDER NO. /CONTRACT NO. / PROFORMA INVOICE NO. Or DETAILS OF CREDIT
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DESCRIBTION
QUANTITY
QUALITY OF GOODS
TERMS OF SALE
PORT OF SHIPMENT AND PORT OF DESTINATION
VALUE OF GOODS & ANY ADJUSTMENTS like ADVANCE, DISCOUNT ETC. but the
total value payable must always be given.
SHIPPING MARKS or NO. ON PACAGES
ANY OTHER ADDITIONAL CERTIFICATIONS REQUIRED UNDER THE CREDIT
Certificate of origin: The certificate of origin indicates the country where the goods were
originally produced or manufactured. Generally an independent agency like Chamber of
Commerce, Export Promotion Council, Trade association or any other body which is
authorized in this behalf issues a certificate of origin of goods.
In many countries permission to import is refused unless a certificate of origins produced.
Further, this is also used to determine the concessional tariff rates applicable to the goods.
There are two categories of certificate of origin:
Preferential Certificate of origin:
Generalized System of Preferences (GSP) It is a non- contractual instrument by which
developed countries extend tariff concessions to developed countries. Normally the customs
of GSP offering countries require information in form a duly filled by the exporter of the
beneficiary country and certified by authorized agencies.
Global System of Trade Preferences (GSTP) In this the trade concessions are exchanged
among developing countries who have signed the agreement. Export Inspection Council is the
sole agencies authorized to issue certificate of origin under GSTP. The agreement
establishing SAPTA, the Bangkok agreement i.e. the Economic and Social Commission for
Asia and Pacific (ESCAP) and free trade agreement (FTA) between India and Sri Lanka are
some of the other preferential trading arrangement designed to liberalize and expand trade
inputs.
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Non-Preferential Certificate of Origin :
Non-Preferential Certificate of Origin merely evidences the origin of goods from a particular
country and does not bestow any tariff benefits for exports to the importing nations.
Packing List: It is a document which shows the nature and number of packages with
distinctive numbers or marks. This is generally needed by the importer when he is importing
different types or sizes of merchandise so that he may identify the nature of goods in each
package. It is also used by customs for checking the goods on random basis.
Weight Certificate: It is a certificate certifying the weight of the goods, generally given by
the exporter which may at times be counter signed by an independent agency. It may give the
net weight as well as the gross weight.
Certificate of Analysis and Quality: It is a certificate that indicates the quality, technical
composition and intricate nature of goods, described in the invoice. The certificate may be
given by the exporter himself or an institution which is competent or nominated to give such a
certificate.
Certificate of Inspection: It is a document certifying that the goods have been inspected. T
his document is generally desired by the importer, so that he can be sure that the right type of
goods ordered is being sent by the exporter. F or this purpose an agency called Export
Inspection Council was created. Certificate of analysis, inspection certificate and pre-
shipment inspection certificate or any other document may be dated after the date ofshipment.
TRANSPORT DOCUMENTS:
In international trade the goods moved from the warehouse of the exporter to the warehouse
of the importer. The goods may move by land, water or air or a combination of two or more.
One of the important aspects to be remembered with regard to any transport document is that
it must show the name of the carrier.
Bill of lading: It is a transport document representing movement of goods by water. A bill of
lading is a formal receipt given by the ship owners or their authorized agents that the goods
mentioned there in (quantity, quality, description, etc) are shipped to a specified date and
vessel and are deliverable to a person mentioned therein or to his order after payment of all
dues of the shipping company.
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There are three main functions of a bill of lading-
It is an evidence contract of affreightment because it contains detailed terms and conditions
on which the carrier has accepted the goods for shipment from the ship.
It is a receipt for the goods because the ship owner or their agents who have issued it declare
that the goods described wherein are received from the specified person for shipment to a
named port.
It is a document of title to goods because it states that the goods received for shipment by the
carrier are deliverable to the named person or his order.
Bill of lading is a Quasi Negotiable instrument. The title to the goods covered by a bill oflading can be transferred by endorsement and delivery of the instrument, it is still not a fully
negotiable instrument like bill of exchange, the simple reason being that it represents the title
to goods and is governed by a Sale of Goods Act, where as a bill of exchange represents title
to money and is governed by the Negotiable Instruments Act. For this reason a bill of lading
is termed as Quasi Negotiable Instrument as its negotiation may not be completed and free
from qualification.
Generally bills of lading are issued in a set of two or three and presentation of any one ofthem will entitle the holder to claim the goods and render the other negotiable copies void.
Airway Bill: It is an acknowledgement issued by an airline company or their authorized
agents stating that they have received the goods detailed therein for dispatch by air to the
named consignee at the address stated therein. Unlike a bill of lading, airway bill is not a
document of title to goods because it is merely an acknowledgement of goods and therefore a
not a negotiable document, and hence it is not necessary for a consignee to possess the airway
bill for delivery of goods. In case of airway bill it is obligatory on the part of the airlines tonotify the consignee on arrival of goods.
Postal Receipt: It can be a sea-mail receipt or airmail receipt depending on the mode by
which they are sent. Postal receipt is an acknowledgement of receipt of goods for delivery to
consignee and hence not a document of title to goods nor is it a negotiable instrument. Like
airway bill it is not considered a safe document from the banker`s point of view.
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Multimodal Transport Document: This document is issued when the movement of goods
involves more than one mode of transport. In multimodal transport carriers (called as
multimodal transport operators) take the liability for safe conduct of transport of goods by
various modes of transport from the place of receipt of goods to the place of delivery. It s also
a negotiable document and transferable. MTD is a safe document as it has the guarantee of
the operators for the safe conduct of goods.
Risk covering documents:
As the name indicates these are the documents which represent insurance cover against the
physical risks to the goods that are moving from exporter to overseas importer.
Insurance policy: It is a contract of insurance. In international trade marine insurance is the
most common document obtained either by exporter or importer for safety of goods. Thepolicies basically cover the perils of sea. Insurance policies are generally freely assignable to
anyone who acquires insurable interest. The assignment is usually effected b y blank
endorsement. There are two types of policies:
Specific policy: It is a policy issued for a particular voyage covering specific goods.
Open policy: It is a blank policy issued by the insurers for a specified amount and period and
exporter can cover any number of shipments within the stipulated amount and period.
In terms of UCP 600 Article 28 insurance to cover a minimum of 10% more than the CIF
(cost insurance freight) value of the goods and to cover the risks from date of shipment. T he
insurance cover should also be available in the same currency of drawing.
REGULATORY DOCUMENTS:
These documents are required for compliance of regulations of either exporters country or
importers country.
Export declaration form: As per Indian Exchange Control regulations detail of all goods,
by whatever means exported from India are required to be declared on certain specified
forms. These forms are evolved by RBI to ensure that the value of all the goods exported
from India is declared in the foreign exchange due is repatriated to India. These forms enable
RBI to compile vital foreign trade data and also to exercise control over the exporter/export
activities. All these forms bear distinct serial numbers with a two alphabet prefix followed by
a six digit numeral.
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G.R. /S.D.F. FORM: this form is in duplicate to be used when exports are made to all
countries otherwise than by post.
P.P. FORM: This form is also in duplicate and should be used when exports are made to any
country by post parcel.
SOFTEX FORM: this form is to be used when computer software is being exported in Non
Physical form. This form is to be submitted in triplicate.
Export certificate: Certain goods can be exported from India subject to conditions of export
licensing policy etc, In such cases the goods will be allowed to be exported only when an
export certificate is issued. Generally these certificates are issued by the agencies like
commodity boards, export promotion councils nominated by government of India. This
certificate may be needed for verification by customs of both exports and importers country.
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INCOTERMS
Parties to a contract are unaware of the different trading practices in their respective
countries. This can give rise to misunderstandings, dispute and litigation with all the waste of
time and money that this entails. In order to remedy these problems, the International Trade
of Commerce (ICC) first published in 1936 a set of international rules for the interpretation of
trade terms. These rules were known as INCOTERMS 1936. Amendments and additions
were later made in 1953, 1967, 1980, 1990 and presently 2000, in order to bring the rules in
line with current international trade practices and same is going to be replace by New
INCOTERMS 2010.
The purpose of INCOTERMS is to provide a set of international rules for the interpretation of
the most commonly used trade terms in foreign trade. Thus the uncertainties of different
interpretations of such terms in different countries can be avoided or at least reduced to a
considerable degree.
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THE STRUCTURE OF INCOTERMS 2000: 4 groups of terms
GROUP E Departure EXW: Ex works
GROUP F Main Carriage Unpaid FCA: Free Carrier
FAS: Free Alongside Ship
FOB: Free On Board
GROUP C Main Carriage Paid CRF: Cost and Freight
CIF: Cost Insurance and
Freight
CPT: Carriage Paid To
CIP: Carriage Insurance Paid
To
GROUP D Arrival DAF: Delivered at Frontier
DES: Delivered Ex Ship
DEQ: Delivered Ex Quay
DDU: Delivered Duty
Unpaid
DDP: Delivered Duty Paid
The terms have been grouped in four different categories starting with the term whereby the
seller makes the goods available to the buyer at the sellers own premises (the E term ex
works) followed by the second group whereby the seller is called upon to deliver the goods to
a carrier appointed by the buyer free of risk and expense to the buyer (the F terms FCA,
FAC & FOB) followed by the C terms where the seller has to contract for carriage but
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without assuming the risk of loss of or damage to the goods or additional costs due to events
occurring after shipment and dispatch (CFR, CIF, CPT & CIP) and finally the D whereby
the seller ahs to bear all costs and risks needed to bring the goods to the country of destination
(DAF, DES, DEQ, DDU, DDP).
Although INCOTERMS may become part of the contract of sale without express reference,
the parties are strongly advised to include in their contract in conjunction with the trade term,
the words INCOTERMS 2000.
The relation between the INCOTERMS and documentary credits concerns the sellers
obligation to deliver documents to the buyer in order to prove that the seller has fulfilled his
obligation under the INCOTERMS and the contract of sale and that the buyer is obliged to
pay him. Explanation of some of the most commonly used INCOTERMS are as follows:
EXW: {Ex-works (. Named place)}
Seller pays packing and delivery, cleared for export, into the charge of the carrier.
Delivering the goods at the named point into the custody of the carrier fulfills the sellers
obligations. INCOTERMS intend that this term should replace FOB Airport and the old
Free on RAIL or Free on TRUCK (FOT).
FAS : {Free Alongside Ship ( named port of shipment)}
This term means that the seller fulfills his obligation to deliver when the goods have been
placed alongside the vessel on the quay or in the lighters at the named port of shipment
and the buyer has to bear all costs and risk of loss of or damage to the goods from that
moment.
This term can only be used for sea or inland water way transport.
FOB {Free on board (..named port of shipment)}
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Seller pays for packing, delivery to the place of loading, any charges for loading on ship
plus export customs clearance and documentation charges.
This term is used for ocean transport only.
CFR{Cost and Freight (. Named port of destination)}
This term means that the seller pays all transport and documentation charges up to arrival
at named port of destination except marine insurance which has to be arranged by the
buyer. This term is also confined to ocean movement.
CIF {Cost Insurance and Freight (.named port of destination)}
This term is same as CFR except that the seller pays for the marine insurance.
CPT {Carriage paid to (named place of destination)}
Seller pays freight and charges to the named destination including additional freight from
port of arrival to named destination. This term is applicable for all modes ocean and air.
CIP { Carriage and Insurance paid to ( .named place of destination)}
Same as CPT except that seller has procedure and pay for cargo insurance.
DAF { Delivered at Frontier (named place)}
Frontier may be any frontier including that of the country of export. For example, an
Italian seller to the UK could quote DAF Italian Border.
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DES { Delivered Ex Ship ( named port of destination)}
This term means that the seller has to bear all the costs and risks involved in bringing the
goods to the named port of destination. This term can be used only for sea or inland
waterway transport.
DEQ {Delivered EX Quay (Duty Paid)(named port of destination)}
This term means that the seller has to bear all the risks and costs including duties, taxes
and other charges of delivering the goods at named port of destination except the import
clearance.
If the parties wish the buyer to clear the goods for importation and pay the duty the words
duty unpaid should be used. If the parties wish to exclude from the sellers obligations
some of the costs payable upon importation of the goods such as VAT, this should be
made clear by adding words delivered ex quay, VAT unpaid.
This term is used only for sea or inland waterway transport.
DDU {Delivered Duty Unpaid (..named place of destination)}
Seller is responsible for all charges up to delivery at the named place of destination but
excluding duty and taxes.
DDP {Delivered Duty Paid (.named place of destination)}
Same as DDU but includes payment of import duty. If the taxes such as VAT are also
required to be paid by the seller, then this must be incorporated by adding words to this
effect. INCOTERMS does not recommend that this term should be used for those
detonations where import licenses are a requirement.
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INTERNATIONAL STANDARD BANKING PRACTICES (ISBP):
Since the approval of International Standard Banking Practice (ISBP) by the ICC Banking
Commission in 2002, ICC Publication 645 has become an invaluable aid to banks, corporates,
logistics specialists and insurance companies alike, on a global basis. Participants in ICC
seminars and workshops have indicated that rejection rates have dropped due to the
application of the 200 practices that are detailed in ISBP.
As a means of creating a relationship between the UCP and ISBP, the introduction to UCP
600, states: During the revision process, notice was taken of the considerable work that had
been completed in creating the International Standard Banking Practice for the Examination
of Documents under Documentary Credits (ISBP), ICC Publication 645. It is the expectation
of the Drafting Group and the Banking Commission that the application of the principles
contained in the ISBP, including subsequent revisions thereof, will continue during the time
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UCP 600 is in force. At the time UCP 600 is implemented, there will be an updated version of
the ISBP to bring its contents in line with the substance and style of the new rules.
This publication reflects international standard banking practice for all parties to a
documentary credit. Since applicants obligations, rights and remedies depend upon their
undertaking with the issuing bank, the performance of the underlying transaction and the
timeliness of any objection under applicable law and practice, applicants should not assume
that they may rely on these provisions in order to excuse their obligations to reimburse the
issuing bank. The incorporation of this publication into the terms of a documentary credit
should be discouraged, as the requirement to follow agreed practices is implicit in UCP 600.
ISBP is conceived as an intelligent check list for procedures for document checkers to follow
in scrutinizing presented under credit. The revised ISBP consists of three parts covering 185
issues as under:
1. Preliminary considerations : 1-5
2. General principles : 6-42
3. Issues relating to documents:
Drafts : 43-56
Invoice : 57-67
Transport document : 68-169
Insurance documents : 170-180
Certificate of origin : 181-185
Some of the issues are highlighted in the following paragraphs:
1. PRELIMINARY CONSIDERATIONS:
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Even if the credit expressly refers to underlying sale contract on the basis of which the
credit might have been established, the terms of the documentary credit are
independent.
There are certain credits calling for presentation of documents that are to be issued or
countersigned by the applicant himself. For some reasons if the applicant decides not
to issue the prescribed document or not agreeing to countersign the document, the
credit, issued and/or countersigned by the applicant. If a credit includes such terms, the
beneficiary must seek an amendment deleting such terms or bear the risk.
2. GENERAL PRINCIPLES:
Use of generally accepted abbreviations should not make a document
discrepant. Using Slash Marks (/) may have different meaning. Slash Marks
should not be used as a substitute for a word.
Corrections and alterations in documents, other than documents created by the
beneficiary, must appear to be authenticated by the party who has issued the
documents or by a party authorized by the issuer to do so.
Drafts/transport documents/insurance must be dated even if the credit does not
require so. Any document may be dated after the date of shipment. However if
a credit requires a document evidencing a pre-shipment event the document
must indicate that the event took place prior to or on the date of shipment.
Any mis-spelling or typing error which occurs that does not affect the meaning
of the sentence in which it occurs do not make the document discrepant.
Documents issued in more than one original may be marked original,
duplicate, triplicate or 1st original, 2nd original, etc. None of these markings
disqualify a document as original.
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Even if not stated in the credit, drafts, certificates and declaration by their nature, they
require signatures. Transport documents, insurance must be signed in accordance with
a provision of UCP. A photocopy of a signed document or a signed document
transmitted to a fax machine does not qualify as the signed original document.
All documents except draft required in the credit would be treated as shipping
documents.
Stale documents are documents presented later than 21 days after the date of
shipment. These documents are acceptable as long as they are presented within
the validity of the credit.
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URR (UNIFORM RULES FOR BANK TO BANK
REIMBURSEMENT UNDER DOCUMENTARY CREDITS)
ICC BROCHURE NO. 725:
Reimbursement practice under documentary credits under the ICC uniform rules (URR) thefollowing remarks briefly summarizes some of the main provisions of the ICC uniform rules
for bank to bank reimbursements under documentary credits and outline some of the
procedures to be followed.
Application of URR:
The credit issuing bank provides for the application of the URR by incorporating them into
the text of the instructions that it sends to the reimbursing bank. When they are so
incorporated the URR are binding on all parties concern. The ICC working partyrecommended the use of the following standard clause:
This reimbursement authorization is subject to the uniform rules for bank to bank
reimbursements under documentary credits, ICC publication no. 725.
This is an arrangement between the issuing and the reimbursing banks only; the claiming
bank on the other hand is not a party to the reimbursement authorization.
NATURE OF REIMBURSEMENT OPERATION:
The URR makes it clear that the reimbursement procedures are separate transactions from the
underlying credits, and that reimbursing banks are not concerned with or bound by the terms
of such credits.
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Relationships between the banks:
There is an agency contract under which the reimbursing bank agrees to effect a
reimbursement on behalf of the issuing bank. The bank charged with making the
reimbursement acts merely as an intermediary in discharging the issuing banks
reimbursement obligation.
However in some cases the reimbursing bank is requested by the issuing bank to provide its
own independent reimbursement undertaking to the claiming bank. This provides the
claiming bank with assurance that it has a direct right of action against the bank from which it
claims the money.
The URR stresses the point made above that unless the reimbursing bank has such an
undertaking, it has no obligation to meet the claiming banks demand for reimbursement.
If the bank chosen to make the reimbursement decides at the outset that it is not prepared toact in accordance with instructions received, it must inform the issuing bank without delay.
The issuing bank is responsible in all cases for providing the information required by the
URR and for the consequences of failing to do so.
AUTHORIZATION & AMENDMENT:
All reimbursement authorizations and amendments to such authorizations must any issued in
the form of an authenticated tele-transmission or signed letter. This is partially safeguarded
with respect to authenticity of the instructions. At the same time authorizations have to set out
the following specific items of information: credit no., currency and amount, additional
amounts payable and tolerance, if any, claiming bank details and parties responsible for
charges.
If a draft is to be presented for acceptance, details of the tenure drawer and parties responsible
for any charges must also be specified.
In some cases, the issuing banks require the claiming bank to notify them before cleaning on
the reimbursing bank. This practice is referred to as pre-notification. Such requirement must
be included in the credit and not in the reimbursement instructions.
AMENDMENT & CANCELLATION:
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Except in cases where a reimbursement undertaking is involved, the issuing bank can at
anytime cancel or amend its reimbursement authorization by notice to the reimbursing bank.
The issuing bank has to provide the nominated advising bank with fresh instructions if the
original instructions are cancelled prior to the expiry of the credit.
The reimbursing bank cannot amend or cancel a reimbursement undertaking given to theclaiming bank without the agreement of that later bank.
EXPIRY:
URR specifies that an ordinary reimbursement authorization must not have an expiry date or
latest date for presentation of claims except as agreed to by the reimbursing bank. But if the
reimbursing bank is to issue an undertaking, the authorization and the undertaking must both
indicate the latest date for presentation of a claim including any applicable usance period.
CLAIMS PROCEDURE:
The claiming banks claim for reimbursement must be in the form of tele-transmission.
Reimbursing banks have a reasonable time (not to exceed 3 banking days) to process claims.
The reimbursing bank must inform the claiming bank and the issuing bank if it decides not to
reimburse.
CHARGES:
The reimbursing banks charges should normally be for the account of the issuing bank. In
cases where the charges are for the account of another party, it is the responsibility of the
issuing bank to provide the appropriate information in both the credit and the reimbursement
authorization.
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STANDBY LETTER OF CREDIT
Commercial Letter of credit issued to pay for shipments normally require that the beneficiary
present current bill of lading, insurance certificates, commercial invoices etc. Standby letters
of credit, on the other hand, are not typically used to pay for a current shipment of goods and,
therefore, documents evidencing a sale and shipment of goods are not required. Standby
letters of credit are frequently used as a form of payment guarantee in the case of non-
performance by the applicant of a contractual or other obligation owed by the applicant to the
beneficiary. Standby letter of credit are also frequently used to effect direct payment to thebeneficiary.
Before discussing the variety of purposes served by standby letters of credit, let us review the
two basic types the guarantee type (sometimes called default) and the payment type
(sometimes called direct-pay)
GUARANTEE (DEFAULT) TYPE : -
Standby Letter of credits may be issued to provide funds following a default by the banks
customer of its contractual or other obligations. They typically provide for payment against
receipt of the beneficiarys statement that the applicant is in default of its obligation to the
beneficiary and that the amount demanded is owed as a consequences of that default. Because
a letter of credit is independent of the underlying contract, the banks obligation to pay under
a standby letter of credit does not depend on whether there has in fact been a default.
PAYMENT (DIRECT PAY) TYPE
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In this case, beneficiary is expected to draw under the Standby Letter of Credit to obtain
payment when due on the underlying contract. The payment type standby letter of credit
functions as an immediate, no default payment mechanism, under which the beneficiary
receives the funds of the issuing bank, rather than the applicant.
What are the risks?
There are risks in any commercial or financial transaction. With a standby letter of credit, the
issuing bank substitutes its creditworthiness for that of its customer, the applicant. The
standby letter of credit entitles the beneficiary to payment from the issuing bank, up to a
stated amount, on presentation of strictly complying documents required by the Standby
Letter of Credit. The primary risks for the beneficiary are whether the irrevocable
commitment is given by a reputable and financially sound bank, and whether the beneficiary
can comply with the standby letter of credit terms and conditions in every contingency forwhich payment might be owed by the applicant to the beneficiary.
The applicant is obligated to the bank for any amount paid under the standby letter of credit.
The primary risks for the applicant arise from the fact that the documents to be presented
under a standby letter of credit typically lack intrinsic value. They are frequently statements
signed by the beneficiary. Therefore, the applicant must use sound business judgment when
entering into a contract with a party in whose favor the standby letter of credit will be issued
judgment that the beneficiary will use the standby letter of credit in a manner consistent with
the underlying agreement and understanding of the applicant. The need for integrity exists in
every business transaction. It is the applicant that assumes this risk.
Whether a standby letter of credit is intended to function as a guarantee or as a payment
mechanism, the terms and conditions of the issuing banks relationship with its customer are
established by the application and agreement.
When the banks customer applies for credit, the bank must decide whether it will assume the
credit risk and other risks arising fro the issuance of the standby letter of credit for the
account of that customer. Once the application is signed by the customer and the risks to bank
are accepted by the bank in reliance on application form, the standby letter of credit is issue
according to the applications specification.
Examples of Typical Standby Letters of Credit
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The terms and conditions contained in a standby letter of credit vary based on the transaction.
Standby letters of credit can be adapted to meet specific needs. The variety of illustrations
shown below demonstrates the versatility of Standby letter of credit.
Each standby letter of credit illustrated is addressed to a beneficiary. The opening paragraph
provides basic details, including the name of the applicant, the amount, the expiration date,and the place of presentation.
The second and succeeding paragraphs contain the standby letter of credits documentary
requirements. Each documentary requirement must be met exactly before the beneficiary is
entitled to payment.
The closing paragraphs state the issuing banks undertaking to honor, for e.g. by paying the
Beneficiary or reimbursing a nominated bank, incorporate practice rules such as the UCP or
the more recent and targeted International Standby Practices (ISP98), and chose the desired
law governing the undertaking and forum for resolving disputes.
Bid and Performance Standbys
It is a common business practice for firms to bid on projects and material purchases and to
accompany each bid with some form of collateral or assurance covering a percentage of the
bid price. A standby letter of credit may serve to assure that the bidder, if successful, will
either become party to the contract or pay the percentage of the bid price available under the
standby letter of credit.
Illustration is an example of a bid guarantee standby letter of credit. It enables the Applicant
Bidder to use the banks credit instead of cash or other form of collateral to support the bid.
Some contracts require that the successful bidder also submit a performance guarantee. A
standby letter of credit in favor of the purchaser protects the purchaser against a default by the
bidder. It is a similar to a bid guarantee standby letter of credit, except that its required form
of beneficiary statement covers performance completion under the contract instead of the bid.
Overseas Bank Guarantee
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Occasionally foreign laws and regulations require an overseas bank guarantee, which is a
guarantee or other undertaking issued by one of the countrys local banks in favor of one of
its nationals (a citizen, company or government agency).
To meet this requirement a U.S. firm could request that a bank issue a Standby Letter of
Credit in favor of a correspondent bank or branch located overseas. This type of StandbyLetter of Credit, depicted in Illustration, serves to protect the overseas bank or branch in
the issuance of its local guarantee or other undertaking. The overseas bank will be entitled to
draw under the standby letter of credit by presenting its own statement that it was required to
disburse the amount drawn under its local guarantee or undertaking.
Care must be exercised in negotiating contracts requiring overseas bank guarantees. In some
countries, local laws may provide that a guarantee or other undertaking covering a contract
cannot be terminated prior to the termination of the contract itself, or, in many cases, prior to
the beneficiarys formal acceptance of the product or service to which the guarantee relates.
Consequently, a standby letter of credit issued to protect a local banks issuance of its
guarantee or other undertaking may not expire on the stated expiration date. This means that
the applicant cannot be released from its obligation until all the intermediary banks have been
released.
A standby letter of credit of this type should have an expiration date not earlier than the
expiration date of the underlying contract, or if the expiry of the standby letter of credit
precedes the expiry of the contract, it should outline provisions for the local Beneficiary bank
to draw. If the local guarantee or other undertaking has not been terminated, the standby letter
of credit in favor of the local bank may need to be extended for one or more additionalperiods. If not extended, the terms of the standby letter of credit may permit the local bank to
draw on the standby letter of credit to ensure itself sufficient funds to cover potential future
drawings under its local guarantee or other undertaking.
Letter of Credit Support for Surety Bonds
Contracts, government regulations, and court proceedings sometimes require one party to post
a surety or indemnity bond. The primary issuers of the bonds are insurance and surety
companies. The party required to post bond applies for the bond. If the applicants financial
status is unknown to the bonding company, it may require that the Applicant obtain a Standby
Letter of Credit issued in its favor as protection. This step shifts financial risk associated with
the bond amount from the surety company to the bank issuing the Standby Letter of Credit. A
Standby Letter of Credit issued in favor of a surety company.
Municipal Bonds
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Standby Letters of Credit are used to enhance the credit rating of municipal and other bonds
and notes and may be structured as either a guarantee type or payment type Standby Letter of
Credit. By substituting the banks stronger credit rating for that of the bond issuer, the bonds
will receive an enhanced credit rating and may be marketed at lower rates.
Reinsurance
Standby Letter of Credit are frequently used to meet insurance industry requirements. The
precise form of such undertakings may be dictated by the insurers regulators. Illustration.
Is a typical Standby Letter of Credit supporting the obligations of a reinsurer to an insurer.
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BANKERS ACCEPTANCE
Introduction : - A banker's acceptance, or BA, is a negotiable instrument ortime draft drawn
on and accepted by abank. Before acceptance, the draft is not an obligation of the bank; it is
merely an order by the drawer to the bank to pay a specified sum of money on a specified date
to a named person or to the bearer of the draft. Upon acceptance, which occurs when an
authorized bank accepts and signs it, the draft becomes a primary and unconditional liability
of the bank. If the bank is well known and enjoys a good reputation, the accepted draft may
be readily sold in an active market. A banker's acceptance is also a money market instrument
a short-term discount instrument that usually arises in the course ofinternational trade.
A banker's acceptance starts as an order to a bank by a bank's customer to pay asum of money at a future date, typically within six months. At this stage, it is like a postdated
check. When the bank endorses the order for payment as "accepted", it assumes responsibility
for ultimate payment to the holder of the acceptance. At this point, the acceptance may be
traded in secondary markets much like any other claim on the bank.[1]
Bankers' acceptances are considered very safe assets, as they allow traders to substitute the
banks' credit standing for their own. They are used widely in international trade where the
creditworthiness of one trader is unknown to the trading partner. Acceptances sell at a
discount from face value of the payment order, just as US Treasury bills are issued and trade
at a discount frompar value. Bankers' acceptances trade at a spread over T-bills. The rates atwhich they trade are called bankers' acceptance rates. The Fed publishes BA rates in its
weekly H.15 bulletin. Those rates are a standard index used as an underlier in various interest
rate swaps and otherderivatives.
Acceptances arise most often in connection with international trade. For example, an
American importermay request acceptance financing from its bank when, as is frequently the
case in international trade, it does not have a close relationship with and cannot obtain
financing from the exporterit is dealing with. Once the importer and bank have completed an
acceptance agreement, in which the bank agrees to accept drafts for the importer and the
importer agrees to repay any drafts the bank accepts, the importer draws a time draft on the
bank. The bank accepts the draft and discounts it; that is, it gives the importer cash for the
draft but gives it an amount less than the face value of the draft. The importer uses the
proceeds to pay the exporter.
The bank may hold the acceptance in its portfolio or it may sell, or rediscount, it in the
secondary market. In the former case, the bank is making a loan to the importer; in the latter
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case, it is in effect substituting its credit for that of the importer, enabling the importer to
borrow in the money market. On or before the maturity date, the importer pays the bank the
face value of the acceptance. If the bank rediscounted the acceptance in the market, the bank
pays the holder of the acceptance the face value on the maturity date
FLOW OF BANKERS ACCEPTANCE
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Eligible Transactions : -
An eligible bankers acceptance must grow out of one of the following eligible transactions: -
The import or export of goods
The domestic shipment of goods or
The storage of readily marketable staples. (A readily marketable staples defined by the
Board to mean manufactured goods or raw materials which are non-perishable, generally
produced, well established in commerce and have an easily ascertainable price).
Ineligible Bankers acceptance: -
Although generally less attractive than eligible bankers acceptances, ineligible bankers
acceptance financing may be an attractive alternative to direct borrowing during periods when
bank funds are limited and customers borrowing needs are extraordinary.
An ineligible bankers acceptance involves a draft(s) drawn on and accepted by any member
bank of the federal reserve system or any foreign bank subject to the international banking act
reserve requirements and has the following characteristics
the transaction does not meet the boards requirements i.e. the draft has a tenor longer than six
months or does not involve the import or export of goods, the domestic shipment of goods, or
the storage of readily marketable staples.
the drafts are typically discounted at a higher rate;
the discounting bank may be required to post reserves; anf
the drafts are marked Ineligible: on their face.
Importers and exporters needing to finance merchandise, internationally or within the U.S.,
should investigate Bankers acceptance financing. At times, such financing may be more
advantageous than direct borrowing. During periods of tight money (when banks have
limited funds to meet all customer borrowing needs), banks may be willing to provide
bankers acceptance financing despite a limited availability of funds for direct loans.
B/A Financing: Advantages & Disadvantages
Advantages:
* Permits seller of goods to offer buyer extended payment terms while allowing for
immediate funding.
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* Foreign users access the U.S. dollar market at lower rates than might be available in their
own countries.
* Rates are often lower than rates tied to prime.
* Cash flow, i.e., when goods underlying the B/A are sold, the proceeds are used to repayB/A.
Disadvantages:
* Financing can only be extended for a maximum of six months for B/A to be considered
eligible.
* Federal Reserve regulations restrict this type of financing, e.g., underlying shipments must
correspond to the tenor (terms of agreement) of the B/A.
Clearly, the bankers' acceptance can be an attractive financing alternative for merchandise
acquired through the letter-of-credit vehicle. Although the B/A is frequently misunderstood, it
is a relatively uncomplicated instrument when the basic mechanics are clearly presented. In
summation, it is apparent that the use of bankers' acceptances has been instrumental in
alleviating the financing constraints often associated with global market activity.
BANKERS ACCEPTANCE FORMAT
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FORFAITING AND FACTRORING
Brief History
Factoring has a long and rich tradition, dating back 4000 years to the days of Hammurabi.
Hammurabi was the king of Mesopotamia, which gets credit as the Cradle of Civilization.
In addition to many other things, the Mesopotamians first developed writing, put structure
into business code and government regulation, and came up with the concept of factoring.
With the advent of the Industrial Revolution, factoring became more focused on the issue of
credit, although the basic premise remained the same. By assisting clients in determining
creditworthiness of their customers and setting credit limits, factors could actually guarantee
payment for approved customers. This is known as factoring without recourse (or non-
recourse factoring) and is quite common in business today.
Forfaiting and factoring
Forfaiting and factoring are similar services that serve to provide better cash flows and risk
mitigation to the seller. It may be mentioned that factoring is for short-term receivables
(under 90 days) and is more related to receivables against commodity sales. Forfeiting can be
for receivables against which payments are due over a longer term, over 90 days and even up
to 5 years. The difference in the risk profiles of the receivables is the fundamental difference
between factoring and forfeiting, which has implications for the cost of services.
Forfaiting
Forfaiting is a mechanism of financing exports : -
By discounting export receivable.
Evidenced by bills of exchange or promissory notes.
Without recourse to the seller (such as the exporter)
Carrying medium to long-term maturities.
On a fixed rate basis (discount).
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Up to 100% of the contract value.
In a forfeiting transaction, the exporter surrenders his rights to claim for payment on goods
delivered to an importer, in return for immediate cash payment from a forfeiter. As a result,
an exporter can convert a credit sale into a cash sale, with no recourse either to him or his
banker.
FORFAITING OPERATING PROCEDURE
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Process details
Exporter initiates negotiations with prospective overseas buyer, finalises the contract
and opens an LC through his Bank.
Exporter Ships the goods as per the schedule agreed with the buyer,
The exporter draws a series of bills of exchange and sends them along with the
shipping documents, to his banker for presentation to importer for acceptance through
latters bank. Bank returns avalised and accepted bills of exchange to his client (the
exporter).
Exporter informs the Importers bank about assignment of proceeds of transaction to
the Forfaiting bank.
Exporter endorses avalised Bill of Exchange (BOE) with the words Withoutrecourse and forwards them to the Forfaiting Agency (FA) through his bank.
The FA effects payments of discounted value after verifying the Avals Signature and
other particulars.
Exporters Bank Credits Exporters A/C.
On maturity of BOE/Promissory notes, the Forfaiting Agency presents the instruments
to the Aval (Importers Bank) for payment.
DOCUMENTARY REQUIREMENT
In case of Indian Exporters availing Forfaiting facility, the forfeiting transaction is to be
reflected in the following three documents associated with an export transaction, in the
manner suggested below
INVOICE : - Forfaiting discount, commitment fees, etc. need not be shown separately,
instead, these could be built into the FOB price, stated on the invoice.
SHIPPING BILL AND GR FORM : - Details of the forfeiting costs are to be included
along with the other details, such as FOB price, commission insurance, normally
included in the Analysis of Export Value on the Shipping Bill. The claim for duty
drawback if any is to be certified only with reference to the FOB value of the exports
stated on the Shipping Bill.
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BENEFIT TO EXPORTER
100 PER CENT FINANCING : -Without recourse and not occupying exporters
credit line. That is to say once the exporter obtains the financed fund, he will beexempt from the responsibility to repay the debt.
IMPROVED CASH FLOW : - Receivables become current cash inflow and it is
beneficial to the exporter to improve financial status and liquidation ability so as to
heighten further the fund raising capability.
RISK REDUCTION : - Forfaiting business enables the exporter to transfer various
risks resulted from deferred payment, such as interest-rate risk, currency risk, credit
risk and political risk to the forfeiting bank.
INCREASED TRADE OPPORTUNITY : - With forfeiting, the export is able to
grant credit to his buyer freely, and thus, be more competitive in the market.
BENEFIT TO BANK
Forfaiting services provide the bank with the following benefits : -
Banks can provide an innovative product range to clients, enabling the client to avail
100% finance, as against 80 85% in case of other discounting products.
Banks gain fee-based income.
Lower credit administration and credit follow up.
FACTORING
Factoring is a continuing arrangement between a financial institution (the Factor) and a
business concern (the client), selling goods or services to trade customers. The factor
purchases the clients book debts (account receivables) either with or without recourse to the
client.
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The Factor performs at least two of the following services : -
Factoring for the seller, by way of advance payments.
Maintenance of accounts relating to the account receivables.
Collection of account receivables.
Credit protection against default in payment by the buyer.
The buyer us informed in writing that all payments of receivables should be made to the
Factor.
DIFFERENT MODELS OF FACTORING
Export factoring can be done based on two distinct models : -
(1) A TWO FACTOR SYSTEM
It essentially involves an export factor in the country of the seller (exporter) and its
correspondent factor (import factor) in the country of the debtor (importer). The
correspondent factor typically performs a mutually agreed set of services for the export factor.
It could be any one or both the below mentioned services :
A. CREDIT GUARANTEE PROTECTION : -The import factor undertakes to pay the
export factor in the event the importer fails to pay by a specified period after due date. Theimport factor sets up limits on buyers present in that country and the export factor discounts
invoices for its customers based on these limits. The credit guarantee protection covers
insolvency/protracted default of buyer, However it does not cover trade disputes.
B. COLLECTION SERVICES : - The import factor undertakes to follow up with debtors
for payment and in cases where payment is not forthcoming they would be in a position to
detect early indications as they would be based in the same location and would be familiar
with local business intelligence as well as practices.
The factoring quotes given by various import factors would differ depending on their locationand comfort regarding the overseas buyer. In this situation, the export factor would need to
monitor its correspondent relations with various import factors across the globe.
Also, the possibility of undertaking any factoring business by the export factor would be
depend on the response of the import factors for each transaction.
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(2) DIRECT FACTORING WITH CREDIT INSURANCE AND TIE UP WITH A
GLOBAL COLLECTION AGENCY
Factoring can also be offered by availing credit insurance for the entire factoring portfolio.
Credit insurance wil cover insolvency/protracted default by the buyer as well as country risk
but it would not cover trade disputes. The credit insurer will set up limits on overseas buyersand based on these limits export bills would be discounted.
Thereafter, details of the invoice would be passed on to the collection agency that will follow
up for payment with the overseas buyer. Incase the overseas buyer does not respond, the
collection agent can monitor potential default cases, so that credit insurer can be informed in
advance.
BENEFITS OF FACTORING
TURNOVER LINKED FINANCE So as an exporter, you can finance a higherlevel of sales than before and plan growth more effectively.
FLEXIBLE CASH FLOW To finance working capital requirements and improve
profitability.
NO COLLATERAL/SECURITY So availing the financing is comparatively
easier.
MORE TIME FOR CORE BUSINESS Since sales ledger management and
collections are handled by the Factor.
CREDIT PROTECTION Reduces the incidence of bad debts.
PRE-ASSESSMENTS So buyers creditworthiness is checked before hand.
REGULAR MIS REPORTS MIS reports from Factors reduce the time spent on
reconciliation of outstanding.
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FACTORING : OPERATING PROCEDURE
Process Flow in a Factoring Transaction
For the factoring operations, the pre-requisite is the establishment of a factoring relationship
between the client and the factor. On the basis of credit evaluation, the factor fixes limits for
individual customers of the client indicating the extent to which, and the period for which the
Factor is prepared to accept the clients receivables for such customers.
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The client (Seller) sells the goods to the customer (buyer) and invoices him in the usual way
inscribing a notification to the effect that the debt due on the invoice is assigned to and must
be paid to the Factor.
The client offers the assigned invoices to the Factor under cover of schedule of offer
accompanied by copies of invoices and receipted delivery challans.
The factor provides immediate prepayment up to 80% of the value of the assigned invoices
and notifies the customer sending a statement of account.
Factor follow up with the customer and sends him the statement.
The Customer makes the payment to the Factor.
When the customer makes the payment for the invoice, the Factor will pay the balance 20%of the invoice value.
The Prominent features of the arrangement are :
The drawings in the clients account will be regulated on the basis of the drawing eligibility
available from time to time, against the debts so purchased by the Factor, less the amount of
retention money.
The client will be free to draw funds at any time up to the drawing eligibility, which will beadjusted for : (a) new debts factored (b) factored debts collected (c) charges debited.
The factor will send age-wise statements of accounts to the client at the agreed periodicity.
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RISK MANAGEMENT:
Derivative is a product whose value is derived from the value of one or more basic variables,
called bases (underlying asset, index, or reference rate), in a contractual manner. The
underlying asset can be equity, forex, commodity or any other asset. For example, wheat
farmers may wish to sell their harvest at a future date to eliminate the risk of a change in
prices by that date. This transaction is an example of a derivative. The price of this derivative
is driven by the spot price of wheat which is the underlying.
Risks of International Trade
Customer Risk:
One needs an assessment of the credit worthiness of the customer. This should includechecking the following:
The identification of customer. Do they exist as a legally established business in the country
of import?
The usual period of credit offered in customer's country;
The credit limit one is prepared to offer his customer;
The trading history of the customer. Are they a prompt payer? Have there been any changes
to their normal payment patterns?
Can the customer pay the bill?
Insolvency- A customer's insolvency can involve you in a pre credit risk, where losses can
occur if the customer becomes insolvent during the manufacturing process or at any time
before or after the dispatch of the export consignment.
One can obtain the information needed to carry out these checks either himself or through a
reputable credit agency or credit insurer.
Country Risk:
Along with the customer, their country can pose separate risks that need to be managed.
Country risks traditionally fall into five areas:
Sovereign: The willingness or ability of the government to pay its debts. This is affected by
the political climate within the country (the legislature, judiciary and government
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institutions); internal and external threats to the country; international trading performance
including balance of payments record; the level of national debt and the amount of foreign
exchange reserves. Other political decisions can also frustrate export sales; these include the
imposition of embargoes, tariff or other quotas, and import or export restrictions.
Private: The ability of the private sector to pay for its imports. This situation is affected bythe state of the domestic economy, the commercial institutions in the country, and the
competence of banking and financial services sector.
Natural: Some regions of the world suffer from regular climactic catastrophes (for example
annual flooding, drought, earthquakes and other disasters). When these occur they can
severely disrupt the operations of both the business sector and the government.
Fashion and Finance: International trading patterns often create a fashionable region or
country as an export market. In these circumstances trade finance is often readily available,
offering good credit terms to export customers. However, fashions change and countries canquickly go out of favor for both exports and trade finance.
Other: These include transfer risks such as the inconvertibility of the local currency;
transaction risks such as late or non-payment, and transition risks for emerging markets where
the threats are the effectiveness of the liberalization program, failure to complete economic
structural reforms and any possible de-stabilizing influences.
Foreign Exchange Risk:
In international trade there will be more than one currency involved. Thus trade is exposed tofluctuations in the foreign exchange market. When you trade internationally you will most
likely be dealing in more than one currency.
Other risks:
If ones manufactures goods to order he must include in export strategy a contingency that will
help manage the risk of a frustrated export - this is when the customer refuses the goods. One
must have a plan to either resell the product to another market or realize a salvage value for h
goods.
One must also have procedures in place for the collection of the invoice amount. Under the
contract one may have to collect money in the customer's country. This has risks as collection
maybe more uncertain or expensive, so one will have to consider the legal system in the
country.
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BIBLIOGRAPHY:
BOOK ISSUED BY TAXMAN ON TRADE FINANCE
DETAILS RECEIVED FROM INTERNAL NOTES AND SOME
FROM INTERNET