Documents are important for the following reasons: (a) As an evidence of shipment and title of goods; (b) For obtaining payment; (c) To provide a specific and complete description of the goods; (d) For assessment of correct Duty for clearance purpose; (e) For obtaining Export Licenses; (f) For obtaining export finance; (g) For completing Pre-shipment Inspection; (h) For claiming export benefits like Duty Drawback, etc.
Documents are categorized into two categories, namely Commercial Documents and Regulatory Documents. Page | 4
Commercial set of documents are mainly used for Commerce. In other words these are documents normally exchanged between buyer and seller. Regulatory documents are required in dealing with various regulatory authorities such as customs, RBI, Excise, Licencing authorities Inspection and other Export Promotion bodies for availing incentives etc.
Commercial Regulatory Commercial Invoice Shipping Bill Inspection Certificate ARE1 from (Excise) Insurance Certificate RBI Declaration Forms (GR/PP) Bill of Lading / AWB Application for remittance of currency Certificate of Origin Various Licenses Bill of Exchange Bill of Entry Shipment Advice Packing List
Page | 5
Commercial Documents 8. Letter to Bank for negotiation of documents 8. Bill of Exchange 7. Shipping Instructions 7. Packing List 6. Shipping order 6. Shipment Advice 5. Mate Receipt 5. Bill of Lading 4. Application for Certificate of Origin 4. Certificate of Origin 3. Declaration for Insurance 3. Insurance Certificate 2. Intimation for Inspection 2. Inspection Certificate 1. Proforma Invoice 1. Commercial Invoice Auxiliary Principal Page | 6
Agreement between buyer and seller, stipulating each and every details of the transaction. Legally binding document. It reduces the probabilities of disputes & differences as it fixes the role and responsibilities of each party. Terms and Conditions: While drafting the sales contract one must ensure the following:- 1. Coverage is complete. 2. Maximum clarity. 3. Future probability to be provided. 4. Trade practices. 5. Law of both countries 6. Need of both parties.
There should not be any ambiguity regarding the exact specifications of goods and terms of sale including export price, mode of payment, storage and distribution methods, type of packaging, port of shipment, delivery schedule etc.
Page | 7
Following standard terms and conditions are covered in an Export Sales contract: - Name & address of both the parties. Contract Number & Date, place Description of goods, quantity and quantity Product Standards and Technical Specifications of goods. Inspection/certification Total Value of Contract Terms of delivery (F.O.B./C.F.R./C.I.F. etc.), Period of Delivery/Shipment, part shipment, Trans-shipment. Terms of payment:- L/C, D/A, D/P, advance payment, Amount/Mode & Currency Taxes, Duties and charges Packing, Labeling, Marking, etc. Brokerage/commissions and discounts Licenses and Permits Insurance Requirements, Certificates of Insurance Documentary Requirements Performance guarantee Signature by all parties to the contract. Force Majeure of Excuse for Non-performance of contract Remedies Arbitration.
Page | 8
2. PRE-SHIPMENT DOCUMENTS Documents at pre-shipment stage are those documents, which are required to be made, till the consignment is presented to the customs department for clearance. The following documents can, therefore, be treated as pre-shipment documents: Proforma Invoice Confirmed order or contract Letter of Credit Pre-shipment Inspection Certificate Packing list Shipping Bill Export Declaration Forms (GR/SDF) ARE
3. POST-SHIPMENT DOCUMENTS Documents at Post-shipment stage are naturally those which are prepared after the shipment. These documents include the following:- Mate Receipt Bill of Lading Airway Bill Roadway/Railway Bill Post Parcel/ Courier Receipt Invoices (including consular invoice) Certificate of Origin Insurance Certificate or Policy Bill of Exchange Page | 9
IMPORT DOCUMENTATION:
Invoice Packing list Bill of Lading or Delivery Order/Airway Bill GATT declaration form duly filled in Importers/CHAs declaration Licence/Authorizations in original wherever necessary Letter of Credit/Bank Draft/wherever necessary Insurance document Import license Industrial License, if required Test report in case of chemicals Catalogue, Technical write up, Literature in case of machineries, spares or chemicals as may be applicable Separately split up value of spares, components, machineries Certificate of Origin, if preferential rate of duty is claimed under PTAs/FTAs etc. No Commission declaration
Page | 10
UNDERSTANDING THE DOCUMENTS: 1. Proforma Invoice The starting point of the export contract is in the form of offer made by the exporter to the foreign customer. The offer made by the exporter is in the form of a proforma invoice. It is a quotation given as a reply to an inquiry. It normally forms the basis of all trade transactions.
SAMPLE: Page | 11
2. Commercial Invoice: Commercial invoice is an important and basic export document. It is also known as a 'Document of Contents' as it contains all the information required for the preparation of other documents. It is actually a seller's bill of merchandise. It is prepared by the exporter after the execution of export order giving details about the goods shipped. It is essential that the invoice is prepared in the name of the buyer or the consignee mentioned in the letter of credit. It is a prima facie evidence of the contract of sale or purchase and therefore, must be prepared strictly in accordance with the contract of sale.
Page | 12
3. Packing List: It is a consolidated statement in a prescribed format detailing how goods are packed, marked and numbered including weight and dimensions of each package. It is useful for customs at the time of examination and warehouse keeper of buyer to maintain inventory record and to effect delivery.
Page | 13
4. Certificate of Origin: The importers in several countries require a certificate of origin without which clearance to import is refused. The certificate of origin states that the goods exported are originally manufactured in the country whose name is mentioned in the certificate. Certificate of origin is required when:- The goods produced in a particular country are subject to preferential tariff rates in the foreign market at the time importation. The goods produced in a particular country are banned for import in the foreign market.
5. Shipping Bill: Shipping Bill is the principal document required by the customs authorities. It contains description of export goods and other particulars like number and description of package(s), marks and number, quantity and value as defined in the Sea Customs Act, Indian or foreign merchandise, name of the vessel in which goods are to be shipped, country of destination, etc. It is only after the Shipping Bill, is stamped by the customs that cargo is allowed to be carted to Port sheds and Docks. It is used for export by sea or air or even for transportation from one port to another within the country. There are separate forms of shipping bill for free goods (Free Shipping Bill), goods on which export duty is payable (Dutiable Shipping Bill), goods for which there is a claim for drawback of duty (Drawback Shipping Bill) and in case of imported goods for re-export which are kept in custom bonded warehouses (Shipping Bill for Shipment ex-bond).
Page | 14
Types of Shipping Bill Based on the incentives offered by the government, customs authorities have introduced three types of shipping bills:- Drawback Shipping Bill: - Drawback shipping bill is useful for claiming the customs drawback against goods exported. Dutiable Shipping Bill: - Dutiable shipping bill is required for goods which are subject to export duty. Duty-free Shipping Bill: - Duty-free shipping bill is useful for exporting goods on which there is no export duty.
Page | 15
6. Mates Receipt When the cargo is loaded on the ship, the Commanding Officer of the ship will issue a receipt called the ` Mate Receipt'. This includes information about the name of the vessel, berth, date of shipment, description of packages, marks and numbers, condition of the cargo at the time of receipt on board the ship etc. The mate receipt is first handed over to the port authorities for payment of port dues and then to the shipping company for obtaining the Bill of Lading.
7. Airway Bill An airway bill, also called an air consignment note, is a receipt issued by an airline for the carriage of goods. As each shipping company has its own bill of lading, so each airline has its own airway bill. Airway Bill or Air Consignment Note is not treated as a document of title and is not issued in negotiable form. 8. Form GR It is an exchange control document which is to be submitted to the Reserve Bank of India after clearance from the Customs Authorities. It is designed mainly to furnish guarantee to the Reserve Bank of India to remit the foreign exchange earned from the export shipment within 180 days from the date of exports.
9. PP Form It is also an exchange control document. It is used in place of form GR when goods are exported by post parcel.
Page | 16
10. Bill of exchange The instrument is used in receiving payment from the importer. The importer may prefer bill of exchange to LC as it does not involve blocking of funds. A bill of exchange is drawn by the exporter on the importer, to make payment on demand at sight or after a certain period of time.
B/E is a means to collect payment. B/E is a means to demand payment. B/E is a means to extent the credit. B/E is a means to promise the payment. B/E is an official acknowledgement of receipt of payment. Financial documents perform the function of obtaining the finance collection of payment etc. 2 sets. Each one bearing the exclusion clause making the other part of the draft invalid. Sight B/E. It is known as draft. Immediate payment Sight draft. There are two copies of draft. Each one bears reference to the other part A&B. when any one of the draft is paid, the second draft becomes null and void. Parties to bill of exchange: 1. The drawer: The exporter / person who draws the bill. 2. The drawee: The importer / person on whom the bill is drawn for payment. 3. The payee: The person to whom payment is made, generally, the exporter / supplier of the goods.
Page | 17
11. Marine Insurance Policy Goods in transit are subject to risks of loss of goods arising due to fire on the ship, perils of sea, thefts etc. Marine insurance protects losses incidental to voyages and in land transportation. Marine Insurance Policy is one of the most important document used as collateral security because it protects the interest of all those who have insurable interest at the time of loss. The exporter is bound to insure the goods in case of CIF quotation, but he can also insure the goods in case of FOB contract, at the request of the importer, but the premium payment will be made by the exporter.
12. Insurance Certificate On receipt of these documents the Export Department makes an application to the Insurance Company for marine insurance cover and requests them to issue an insurance policy/certificate in duplicate with appropriate risk coverage.
13. Health Certificate It is required for export of food products, seeds, animal meat products etc. This certificate is issued by the health Department of the exporting country certifying that these items are free from infection and contamination.
14. Bill of Lading The bill of lading is a document issued by the shipping company or its agent acknowledging the receipt of goods on board the vessel, and undertaking to deliver the goods in the like order and condition as received, to the consignee or his order, provided the freight and other charges as specified in the bill have been duly paid. It is also a document of title to the goods and as such, is freely transferable by endorsement and delivery.
Page | 18
Bill of Lading serves three main purposes: As a document of title to the goods; As a receipt from the shipping company; and As a contract for the transportation of goods. Types of Bill of Lading Clean Bill of Lading: - A bill of lading acknowledging receipt of the goods apparently in good order and condition and without any qualification is termed as a clean bill of lading. Claused Bill of Lading: - A bill of lading qualified with certain adversere marks such as, "goods insufficiently packed in accordance with the Carriage of Goods by Sea Act," is termed as a claused bill of lading. Transshipment or Through Bill of Lading: - When the carrier uses other transport facilities, such as rail, road, or another steamship company in addition to his own, the carrier issues a through or transshipment bill of lading. Stale Bill of Lading: - A bill of lading that has been held too long before it is passed on to a bank for negotiation or to the consignee is called a stale bill of lading. Freight Paid Bill of Lading: - When freight is paid at the time of shipment or in advance, the bill of landing is marked, freight paid. Such bill of lading is known as freight bill of lading. Freight Collect Bill of lading :- When the freight is not paid and is to be collected from the consignee on the arrival of the goods, the bill of lading is marked, freight collect and is known as freight collect bill of lading
Page | 19
Page | 20
15. Certificate of Inspection This certificate certifies that goods being exported are export worthy. It is issued by inspection authorities in the country of the exporter. The certificate states that the goods have been inspected under the recognized quality control standards and satisfies the specifications provided under quality control and inspection. If need arises, the importer can demand a Certificate of Inspection from his own designated inspection agency located in exporter's country. Certificate of Inspection is a negotiable document sent to importer by the exporter through his bank.
16. Certificate of Measurement There are two ways how freight can be charged i.e. on the basis of weight or measurement. When freight is charged on the basis of weight, the weight declared by the exporter is accepted. However, the exporter can obtain certificate of measurement either from the Indian Chamber of Commerce or any other approved organisation and submit it to the shipping company for calculation of applicable freight. The certificate contains details like name of the vessel, port of destination, description of goods, length, breadth, quantity, depth, etc. of the packages.
Page | 21
Page | 22
17. Freight Declaration When the importer agrees to the freight or the overseas supplier pays the freight; in both the cases freight declaration is needed from the overseas supplier.
18. Fumigation Certificate In order to ensure safety against spread of harmful virus importers insist on fumigation certificate where the cargo includes plants and weeds. Unless this certificate is provided the cargo will not be allowed to enter into their countries. The exporter is responsible to carry out fumigation and also obtain a certificate from the prescribed agency. Serious complications will arise in the absence of this certificate. Importers insist on getting this certificate from the exporters. This certificate will enable importers easy clearance of goods.