Académique Documents
Professionnel Documents
Culture Documents
Interfaces
© Krishnan Subramaniam
International Trading
History
© Krishnan Subramaniam
ICC (International
Chamber of Commerce)
© Krishnan Subramaniam
International Trading
History
© Krishnan Subramaniam
International Trading
What does ICC do?
© Krishnan Subramaniam
INCOTERMS
International Commercial Terms
© Krishnan Subramaniam
International Trading
What is INCO Terms
© Krishnan Subramaniam
International Trading
INCOTERMS Summary
EXW FCA FAS FOB CFR CIF CPT CIP DAT DAP DDP
Mode of
All All Sea Sea Sea Sea All All All All All
Transport
Free Free Cost & Carriage Delivered
Ex Free Cost & Carriage Delivered Delivered
Services Alongside Onboard Insurance Insurance At
Works Carrier Freight Paid To at Place Duty Paid
Ship Vessel Freight Paid To Terminal
Packing Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller
Loading
Buyer Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller
Charges
Inland
Buyer Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller
Freight
Terminal
Buyer Buyer Seller Seller Seller Seller Seller Seller Seller Seller Seller
Charges
Insurance Buyer Buyer Buyer Buyer Buyer Seller Buyer Seller Seller Seller Seller
Loading on
Buyer Buyer Buyer Seller Seller Seller Seller Seller Seller Seller Seller
Vessel
Freight Buyer Buyer Buyer Buyer Seller Seller Seller Seller Seller Seller Seller
Arrival
Buyer Buyer Buyer Buyer Buyer Buyer Seller Seller Seller Seller Seller
Charges
Duty & Taxes Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Seller
Delivery to
Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Seller Seller
Dest’n
Unloading
Charges at Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Seller
Destination
© Krishnan Subramaniam
International Trading
Ex Works (named place of destination) – 1/2
Risk pass to buyer including payment of all transportation and insurance cost from
the seller's door. Used for any mode of transportation
§ "Ex works" means that the seller delivers when the goods are placed at the disposal of the
buyer at the seller's premises or another named place (i.e., works, factory, warehouse, etc.)
not cleared for export and not loaded on any collecting vehicle
§ This term represents the minimum obligation for the seller, and the buyer has to bear all costs
and risks involved in taking the goods from the seller's premises
§ However, if the parties wish the seller to be responsible for the loading of the goods on
departure and to bear the risks and all the costs of such loading, this should be made clear by
adding explicit wording to this effect in the contract of sale.
§ This term should not be used when the buyer cannot carry out the export formalities directly
or indirectly.
§ In such circumstances, the FCA term should be used, provided the seller agrees to load at
his/her cost and risk
© Krishnan Subramaniam
International Trading
Ex Works (named place of destination) – 2/2
FCA term should be used, if the seller agrees to load at his/her cost and risk
© Krishnan Subramaniam
International Trading
FCA: FREE CARRIER (named place of destination) – 1/2
Risk pass to buyer including transportation and insurance cost when the seller delivers
goods cleared for export to the carrier
§ "Free Carrier " means that the seller delivers the goods, cleared for export, to the
carrier nominated by the buyer at the named place.
§ It should be noted that the chosen place of delivery has an impact on the obligations of
loading and unloading the goods at that place.
§ If delivery occurs at the seller's premises, the seller is responsible for loading. If delivery
occurs at any other place, the seller is not responsible for unloading
§ This term may be used irrespective of the mode of transport, including multimodal
transport
§ “Carrier " means any person who, in a contract of carriage, undertakes to perform or to
procure the performance of transport by rail, road, air, sea, inland waterway or by a
combination of such modes
§ If the buyer nominates a person other than a carrier to receive the goods, the seller is
deemed to have fulfilled his obligation to deliver the goods when they are delivered to
that person
© Krishnan Subramaniam
International Trading
FCA: FREE CARRIER (named place of destination) – 2/2
© Krishnan Subramaniam
International Trading
FAS: FREE ALONGSIDE SHIP (named place of destination) – 1/2
Title and risk pass to buyer including payment of all transportation and
insurance cost once delivered alongside ship by the seller. Used for sea or
inland waterway transportation
§ "Free alongside ship " means that the seller delivers when the goods are
placed alongside the vessel at the named port of shipment.
§ This means that the buyer has to bear all costs and risks of loss of or damage
to the goods from that moment
§ The FAS term requires the seller to clear the goods for export
§ This is a reversal from previous Incoterms versions which required the buyer
to arrange for export clearance
§ However, if the parties wish the buyer to clear the goods for export, this
should be made clear by adding explicit wording to this effect in the contract
of sale
§ This term can be used only for sea or inland waterway transport
© Krishnan Subramaniam
International Trading
FAS: FREE ALONGSIDE SHIP (named place of destination) – 2/2
© Krishnan Subramaniam
International Trading
FOB: FREE ON BOARD (named place of destination) – 1/2
Title and risk pass to buyer including payment of all transportation and
insurance cost once delivered on board the ship by the seller. Used for sea
or inland waterway transportation
§ "Free on board " means that the seller delivers when the goods on board
the ship at the named port of shipment.
§ This means that the buyer has to bear all costs and risks of loss of or
damage to the goods from that point.
§ The FOB term requires the seller to clear the goods for export
§ This term can be used only for sea or inland waterway transport.
§ If the parties do not intend to deliver the goods across the ship's rail, the
FCA term should be used
© Krishnan Subramaniam
International Trading
FOB: FREE ON BOARD (named place of destination) – 2/2
© Krishnan Subramaniam
International Trading
CFR: COST AND FREIGHT (named place of destination) – 1/2
Title, risk and insurance cost pass to buyer when delivered on board the ship
by seller who pays the transportation cost to the destination port. Used for
sea or inland waterway transportation
§ "Cost and freight " means that the seller delivers when the goods pass the
ship's rail in the port of shipment
§ The seller must pay 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 CFR term requires the seller to clear the goods for export
§ This term can only be used for sea and inland waterway transport. If the
parties do not intend to deliver the goods across the ship's rail, the CPT term
should be used
© Krishnan Subramaniam
International Trading
CFR: COST AND FREIGHT (named place of destination) – 2/2
§ Contract for the carriage and pay § Accept delivery of the goods upon
the freight to the named port of shipment, when the invoice, the
destination cargo insurance policy or other
§ Deliver the goods on board evidence of insurance document
§ Provide export clearance (export are tendered to him, and receive
license, pay export taxes and fees, the goods from the carrier at the
if required) named port of destination
§ Furnish the buyer with the invoice, § Pay unloading costs to the extent
the usual transport documents and that they are not included in the
the cargo insurance policy or other freight
evidence of insurance coverage
§ Pay loading cost and handling
§ Pay unloading costs to the extent
that they are included in the
freight
© Krishnan Subramaniam
International Trading
CIF: COST, INSURANCE AND FREIGHT (named place of
destination) – 1/2
Title and risk pass to buyer when delivered on board the ship by seller who pays transportation
and insurance cost to destination port. Used for sea or inland waterway transportation
§ Cost, insurance and freight " means that the seller delivers when the goods pass the ship's rail in
the port of shipment
§ The seller must pay 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.
§ However, in CIF the seller also has to procure marine insurance against the buyer's risk of loss of
or damage to the goods during the carriage
§ Consequently, the seller contracts for insurance and pays the insurance premium.
§ The buyer should note that under the CIF term the seller is required to obtain insurance only on
minimum cover.
§ Should the buyer wish to have the protection of greater cover, the buyer would either need to
agree as much expressly with the seller or to make his/her own extra insurance arrangements
§ The CIF term requires the seller to clear the goods for export
© Krishnan Subramaniam
International Trading
CIF: COST, INSURANCE AND FREIGHT (named place of
destination) – 2/2
This term can be used only for sea and inland waterway transport. If the parties do not intend to
deliver the goods across the ship's rail, the CIP term should be used
§ Contract for the carriage and pay the § Accept delivery of the goods upon
freight to the named port of destination shipment, when the invoice, the cargo
§ Deliver the goods on board insurance policy or other evidence of
§ Provide export clearance (export insurance document are tendered to
license, pay export taxes and fees, if him, and receive the goods from the
required) carrier at the named port of destination
§ Contract for the insurance of the goods § Pay unloading costs to the extent that
during the carriage and pay the they are not included in the freight
insurance premium
§ Furnish the buyer with the invoice, the
usual transport documents and the
cargo insurance policy or other
evidence of insurance coverage
§ Pay loading cost and handling
§ Pay unloading costs to the extent that
they are included in the freight
© Krishnan Subramaniam
International Trading
Title, risk and insurance cost pass to buyer when delivered to carrier by seller who pays
transportation cost to destination. Used for any mode of transportation
§ "Carriage paid to …. " means that the seller delivers the goods to the carrier nominated
(by the seller) but the seller must in addition pay the cost of carriage necessary to bring
the goods to the named destination.
§ This means that the buyer bears all risks and any other costs occurring after the goods
have been so delivered
§ "Carrier " means any person who, in a contract of carriage, undertakes to perform or to
procure the performance of transport, by rail, road, air, sea, inland waterway or by a
combination of such modes
§ If subsequent carriers are used for the carriage to the agreed destination, the risk
passes when the goods have been delivered to the first carrier
§ The CPT term requires the seller to clear the goods for export
§ This term may be used irrespective of the made of transport including multimodal
transport
© Krishnan Subramaniam
International Trading
© Krishnan Subramaniam
International Trading
CIP: CARRIAGE & INSURANCE PAID TO (named place of
destination) – 1/2
Title and risk pass to buyer when delivered to carrier by seller who pays transportation and insurance cost to
destination. Used for any mode of transportation
§ "Carriage and insurance paid to …." means that the seller delivers the goods to the carrier nominated by the
seller, but the seller must in addition pay the cost of carriage necessary to bring the goods to the named
destination.
§ This means that the buyer bears all risks and any additional costs occurring after the goods have been so
delivered. However, in CIP the seller also has to procure insurance against the buyer's risk of loss of or damage to
the goods during the carriage
§ Consequently, the seller contracts for insurance and pays the insurance premium
§ The buyer should note that under the CIP term the seller is required to obtain insurance only on minimum cover.
Should the buyer wish to have the protection of greater cover, the buyer would either need to agree as much
expressly with the seller or to make his/her own extra insurance arrangements
§ "Carrier " means any person who, in a contact of carriage, undertakes to perform or to procure the performance
of transport, by rail, road, air, sea, inland waterway or by a combination or such modes
§ If subsequent carriers are used for the carriage to the agreed destination, the risk passes when the goods have
been delivered to the first carrier
§ The CIP term requires the seller to clear the goods for export
§ This term may be used irrespective of the mode of transport, including multimodal transport
© Krishnan Subramaniam
International Trading
CIP: CARRIAGE & INSURANCE PAID TO (named place of
destination) – 2/2
SELLER'S primary duties BUYER'S primary duties
§ Contract for the carriage and pay § Accept delivery of the goods when
the freight to the named place of they are delivered to the first
destination carrier and when the invoice, the
§ Deliver the goods into the custody cargo insurance policy or other
of the first carrier evidence of insurance coverage,
§ Provide export clearance (export and, if customary, the usual
license, pay export taxes and fees, transport document are tendered
if required) to him, and receive goods from the
§ Contract for the insurance of the carrier at the named place of
goods during the carriage and pay destination
the insurance premium
§ Furnish the buyer with the invoice,
the usual transport documents and
the cargo insurance policy or other
evidence of insurance coverage
© Krishnan Subramaniam
International Trading
DAT: DELIVERY AT TERMINAL (named place of
destination) – 1/2
Title, risk and responsibility for import clearance pass to buyer when
delivered to named terminal point by seller. Used for any mode of
transportation
New Term - May be used for all transport modes
§ Seller delivers when the goods, once unloaded from the arriving means of
transport, are placed at the disposal of the buyer at a named terminal at
the named port or place of destination.
§ "Terminal" includes quay, warehouse, container yard or road, rail or air
terminal. Both parties should agree the terminal and if possible a point
within the terminal at which point the risks will transfer from the seller to
the buyer of the goods.
§ If it is intended that the seller is to bear all the costs and responsibilities
from the terminal to another point, DAP or DDP may apply
© Krishnan Subramaniam
International Trading
DAT: DELIVERY AT TERMINAL (named place of
destination) – 1/2
Responsibilities
§ Seller is responsible for the costs and risks to bring the goods to the point
specified in the contract
§ Seller should ensure that their forwarding contract mirrors the contract of sale
§ Seller is responsible for the export clearance procedures
§ Importer is responsible to clear the goods for import, arrange import customs
formalities, and pay import duty
§ If the parties intend the seller to bear the risks and costs of taking the goods
from the terminal to another place then the DAP term may apply
© Krishnan Subramaniam
International Trading
© Krishnan Subramaniam
International Trading
DDP: DELIVERED DUTY PAID (named place of
destination) – 1/2
Title and risk pass to buyer when seller delivers goods to named destination point
cleared for import. Used for any mode of transportation
§ "Delivered duty paid " means that the seller delivers the goods to the buyer, cleared for
import, and not unloaded from any arriving means of transport at the named place of
destination.
§ The seller has to bear all the costs and risks involved in bringing the goods thereto
including, where applicable, any " duty" (which term includes the responsibility for an
the risk of the carrying out of formalities, customs duties, taxes and other charges) for
import in the country of destination
§ Whilst the EXW term represents the minimum obligation for the seller, DDP represents
the maximum obligation
§ This term should not be used if the seller is unable directly or indirectly to obtain the
import license
§ However, if the parties wish to exclude from the seller's obligations some of the costs
payable upon import of the goods (such as value-added tax: VAT), this should be made
clear by adding explicit wording to this effect in the contract of sale
© Krishnan Subramaniam
International Trading
DDP: DELIVERED DUTY PAID (named place of
destination) – 2/2
§ If the parties wish the buyer to bear all risks and costs of the import, the DDU term
should be used
§ This term may be used irrespective of the mode of transport but when delivery is to
take place in the port of destination on board the vessel or on the quay (wharf), the
DES or DEQ terms should be used
SELLER'S primary duties BUYER'S primary duties
© Krishnan Subramaniam
Risks, Payments,
Letter of Credit
© Krishnan Subramaniam
International Trading
Risk Issues in International Trade
COUNTRY RISKS
§ Stable political climate? War?
Revolution?
In any business transaction, § Positive economic environment?
there are risks. However, § Solid legal infrastructure?
§ Foreign exchange restrictions?
these risks are emphasized
when dealing internationally.
FOREIGN EXCHANGE RISKS
Added to the commercial
§ Volatile foreign currency?
risks present in a domestic
transaction are foreign
COMMERCIAL RISKS
exchange as well as country
§ Reliable information concerning the
risks company’s track record? Insolvency of
your trading partner?
§ Default or termination on your
contract?
© Krishnan Subramaniam
International Trading
Making and Receiving Payment Internationally:
International Payment Instruments
Clean
We now introduce you to the Payments
different payment methods
available in settling an
international trade Documentary
transaction. The mechanics Collections
of these methods and their
advantages and
disadvantages from the point Letters of
of view of both the Importer Credit
and the Exporter will be
discussed
© Krishnan Subramaniam
International Trading
Clean Payments
© Krishnan Subramaniam
International Trading
Clean Payments
© Krishnan Subramaniam
International Trading
Clean Payments
© Krishnan Subramaniam
International Trading
Clean Payments
Payment
Goods
Importer
© Krishnan Subramaniam
International Trading
Clean Payments
Payment
Goods
Note: The Payment in
Advance and Open Account
schematics vary only in the
order in which events take
place
Importer
© Krishnan Subramaniam
International Trading
Risk Analysis: Clean Payments
© Krishnan Subramaniam
International Trading
International Payments Risk Spectrum
As we move through the different ways to effect payment in international trade,
we will build the Risk Spectrum. The Risk Spectrum is intended to summarize the
risks associated with the payment methods in relation to the Exporter and the
Importer. Notice that Open Account and Payment in Advance sit at opposite ends
of the Risk Spectrum
§ Open Account
§ Payment in Advance
© Krishnan Subramaniam
International Trading
Documentary Collections
Introduction
§ What is a Documentary Collection?
Basic Facts
§ Documents Against Payment (D/P) &
§ Documents Against Acceptance (D/A)
Mechanics
§ How does a Documentary Collection work?
Risk Analysis
§ Advantages and Disadvantages of Documentary Collections
© Krishnan Subramaniam
International Trading
Documentary Collections
© Krishnan Subramaniam
International Trading
Documentary Collections
Basic Facts: Documents Against Payment (D/P) & Documents Against Acceptance
(D/A)
Documentary Collections may be carried out in two different ways
§ Documents Against Payment. Documents are released to the Importer only against
payment. Also known as a Sight Collection or Cash Against Documents (CAD)
§ Documents Against Acceptance. Documents are released to the Importer only
against acceptance of a draft. Also known as a Term Collection
© Krishnan Subramaniam
International Trading
Documentary Collections
1. Flow of Goods
2. Flow of Documents
3. Flow of Payment
© Krishnan Subramaniam
International Trading
Documentary Collections: Flow of Goods
Importer/
Drawee
© Krishnan Subramaniam
International Trading
Documentary Collections: Flow of Goods
§ After the goods are shipped, documents
originating with the Exporter (e.g.,
commercial invoice) and the transport
company (e.g., bill of lading) are delivered
to a bank, called the Remitting Bank in the 2
Collection process. Exporter/ Remitting
§ The role of the Remitting Bank is to send Drawer
Documents Bank
these documents accompanied by a
Collection Instruction giving complete and
precise instructions to a bank in the
Documents
Importer’s country, referred to as the
Collecting/ Presenting Bank in the 1 3
Collection process.
§ The Collecting/ Presenting Bank acts in Goods
accordance with the instructions given in
the Collection Instruction and releases the
documents to the Importer against
payment or acceptance, according to the
Remitting Bank’s Collection instructions. 4
Collecting/
Importer/
Drawee Documents Presenting
Bank
Note: The Exporter’s Bank and the Remitting Bank
need not be the same. Also, the Collecting Bank
and Presenting Bank need not be the same. Each
role could be performed by a different bank.
© Krishnan Subramaniam
International Trading
Documentary Collections: Flow of Payment
1 3
Goods
1
*In this case, we are assuming that the transport 2
document is a title document. Collecting/
Importer/
Drawee Documents Presenting
Bank
© Krishnan Subramaniam
International Trading
© Krishnan Subramaniam
International Trading
© Krishnan Subramaniam
International Trading
Letters of Credit
Introduction
§ What is a Letter of Credit?
Basic Facts
§ Revocable & Irrevocable Letter of Credit
§ Sight & Term Letter of Credit
§ Confirmed Letter of Credit
Mechanics
§ How does a Letter of Credit transaction work?
Risk Analysis
§ Advantages & Disadvantages
© Krishnan Subramaniam
International Trading
Why Have a Letter of Credit
If I ship goods,
Will you pay?
If I pay,
Will you ship the
goods?
© Krishnan Subramaniam
International Trading
Letters of Credit
Introduction: What is a Letter of Credit?
§ A Letter of Credit is a written undertaking by the Importer’s bank, known as the
Issuing Bank, on behalf of its customer, the Importer (Applicant), promising to effect
payment in favor of the Exporter (Beneficiary) up to a stated sum of money, within a
prescribed time limit and against stipulated documents
§ A key principle underlying Letters of Credit is that banks deal only in documents and
not in goods.
§ The decision to pay under a Letter of Credit will be based entirely on whether the
documents presented to the bank appear on their face to be in accordance with the
terms and conditions of the Letter of Credit.
§ It would be prohibitive for the banks to physically check whether all merchandise
has been shipped exactly as per each letter of Credit
§ The International Chamber of Commerce (ICC) publishes internationally agreed-
upon rules, definitions and practices governing Letters of Credit, called “Uniform
Customs and Practice for Documentary Credits” (UCP).
§ The last revision of these rules was effective July 2007 is referred to as the UCP 600
© Krishnan Subramaniam
International Trading
Letters of Credit
© Krishnan Subramaniam
International Trading
Letters of Credit
© Krishnan Subramaniam
International Trading
Letters of Credit
1. Issuance
2. Flow of Goods
© Krishnan Subramaniam
International Trading
Letters of Credit: Issuance
© Krishnan Subramaniam
International Trading
Letters of Credit: Flow of Goods
© Krishnan Subramaniam
International Trading
Documents
without discrepancies), the 1 4 5
Advising/ Confirming Bank Goods
forwards these documents to
the Issuing Bank. The drawing
is negotiated, paid or accepted
as the case may be.
Con’d … Importer/ Issuing Bank
Applicant
© Krishnan Subramaniam
International Trading
Letters of Credit: Flow of Documents & Payment
Documents
payment from the Importer 1 4 5
© Krishnan Subramaniam
International Trading
Types of LCs – 1/2
© Krishnan Subramaniam
International Trading
Types of LCs – 2/2
Transferable Credit
§ The credit issued in favor of the trader (beneficiary) can be used as a
means of paying the sources from which the trader obtains goods and as
security for payment for such goods or the transfer of the credit
undertaking to another beneficiary
§ Under this LC, Beneficiary (first beneficiary) may request the bank
authorized to pay, accept or negotiate (“Transferring Bank”), or in the case
of a freely negotiable credit, the bank authorized in the credit as a
Transferring Bank, to make the credit available in whole or in part to one or
more other beneficiary - (second beneficiary)
§ The name of the first beneficiary can be substituted
§ The first beneficiary has the right to substitute his own invoice and drafts
for those of the second beneficiary
§ Upon such substitution of invoice and drafts, the first beneficiary can draw
for the difference, if any, between his invoice and the second beneficiary’s
invoice
© Krishnan Subramaniam
International Trading
Types of LCs
© Krishnan Subramaniam
International Trading
Types of LCs – 1/2
LC – Back to Back
§ A credit is first issued in favor of the trader/middlemen by the ultimate
buyer . (Credit-LC A)
§ The trader /middleman uses this credit as a means by which to request a
bank to issue a separate credit on his behalf in favor of the supplier . Credit
–LC B
§ When the second credit (B) is issued by the same bank that advised credit
(A) in favor of the trader/middlemen, the second credit (B) is referred to as a
back-to back credit. This is because the advising bank of Credit (A) opens
Credit (B) on “the back of “ Credit (A)
§ When the second credit (B) issued by the trader/middleman’s own bank
(not being the advising bank of credit (A), the second credit is referred to as
a “counter credit” because credit (A) is the “counter” for credit (B)
© Krishnan Subramaniam
International Trading
Types of LCs – 2/2
§ The two credits are entirely separate and each Issuing Bank is liable on its
own obligation
§ The documents from credit (B) may be used in part to make the
presentation under credit (A)
§ The trader/middleman is obligated to pay the bank that issued credit (B) on
his or her behalf irrespective of whether or not proceeds are obtained for
Credit (A)
§ Credit (A) does not provide security to the bank that issued credit (B). Credit
(A) merely evidences the means of payment that may be forthcoming to
meet the payment obligation on credit (A)
§ Accordingly, credit (A) provides “Comfort” to the bank that issued Credit (B),
not security
© Krishnan Subramaniam
International Trading
Risk Analysis: Letter of Credit
Importer Exporter
Advantages § Importer is assured that, for § An undertaking from the Issuing Bank
the Exporter to be paid, all that you will receive payment under the
terms and conditions of the Letter of Credit provided that you meet
Letter of Credit must be met all terms and conditions of the Letter of
§ Ability to negotiate more Credit
favorable trade terms with the § Shifts credit risk from the Importer to
Exporter when payment by the Issuing bank
Letter of Credit is offered § Not obligated to ship against a Letter of
Credit that is not issued as agreed
© Krishnan Subramaniam
International Trading
Trade Finance: Letter of Credit Documents
© Krishnan Subramaniam
International Trading
The Bank’s Commitment in the Letter of Credit
© Krishnan Subramaniam
International Trading
The Documents Required by the Letter of Credit
All documents must conform to the letter of credit and be consistent with
each other. Three forms of documents
1. The Financial Claim
3. Other Documents
© Krishnan Subramaniam
International Trading
The Financial Claim: The “Draft”
Note: “At Sight” Is For Immediate Payment. For Any Tenor Beyond Sight, The
Bank “Accepts” The Draft To Mature/Be Payable At A Future Date. (This Is
Called A Banker’s Acceptance, And Can Be Discounted)
© Krishnan Subramaniam
International Trading
The Transport Document: The Bill of Ladding
Note: all aspects must conform to the L/C, and be consistent with other documents
© Krishnan Subramaniam
International Trading
Other Documents
© Krishnan Subramaniam
International Trading
International Payments Risk Spectrum
© Krishnan Subramaniam
Import/Export
Documentation
© Krishnan Subramaniam
International Trading
Invoices
Commercial Invoice
§ Refers to a specific shipment
§ Tells exactly what the importer is billed for. It must include
- A precise product description
- An accurate Harmonized System number
- The terms of trade (INCOTERMS)
- A detailed list of the items that the exporter has pre-paid
- The terms or payment
- The currency of payment
- The complete shipping information (itinerary,
shipping carrier, etc.)
- The customary information (names, addresses, etc.)
© Krishnan Subramaniam
International Trading
Export Documents
Export License
§ Export license is the express authorization by a country’s government to
export a specific product before it is shipped
§ Reasons for a country requiring an export license
- Government is trying to exert some control over foreign trade for political
or military reasons
- Government is attempting to control the export of natural resources
- Government is attempting to control the export of national treasures or
antiques
U.S. Export Controls
§ U.S. export policy has been based on denying some countries access to
certain [military or dual-use] technologies
© Krishnan Subramaniam
International Trading
Import Documents
Certificate of Origin
§ A document provided by the exporter’s Chamber of Commerce that attests
that the goods originated from the country in which the exporter is located
§ Used by importing country to determine tariff of goods
Certificate of Inspection
§ A document provided by an independent inspection company that attests
that the goods conform to the description contained in the invoice provided
by the exporter
§ A Certificate of Inspection also attests that the value of the goods is reflected
accurately on the invoice
§ A Certificate of Inspection is always obtained by the exporter in the exporting
country, before the international voyage takes place
§ The Certificate of Inspection is the result of a Pre-Shipment Inspection (PSI)
© Krishnan Subramaniam
International Trading
Import Documents
Pre-Shipment Inspection
§ A Pre-Shipment Inspection is requested by the importer or by the importing
country
- A Certificate of Inspection protects the importer using a Letter of Credit or
Documentary Collection since these methods are based on the
documentation for payment; the inspection makes sure that the goods are
conform
- The inspection is conducted at the request of the importing country’s
government to ensure that the invoice reflects accurately the type of goods
shipped by the exporter and their value
Import License
§ A document issued by the importing country, and designed to prevent import of
non-essential or overly luxurious product in developing countries short of foreign
currency supply
Certificate of Insurance
§ Some Incoterms (CIF, CIP) require that the exporter provide insurance. A
certificate of insurance offers proof of coverage
© Krishnan Subramaniam
International Trading
Transportation Documents
Bill of Lading
§ A generic term used to describe a document issued by the carrier to the
shipper
§ A bill of lading is
- An evidence of a contract between the carrier and the shipper
• The carrier agrees to transport the goods from point of origin to point
of destination for a given amount
- A receipt for the goods
• The carrier certifies that the goods were received in good condition at
the point of origin
- A Certificate of Title
• The carrier will only deliver the goods to the
party that has the original bill of lading
© Krishnan Subramaniam
International Trading
Transportation Documents
© Krishnan Subramaniam
International Trading
Transportation Documents
© Krishnan Subramaniam
International Trading
Transportation Documents – 1/2
© Krishnan Subramaniam
International Trading
Transportation Documents – 2/2
© Krishnan Subramaniam
International Trading
Kinds of BL – 1/2
Seaway Bill
§ Unlike the bill of lading, the seaway bill is not a document of title
§ There is no need for the consignee to present any transport document at the port of
discharge, as long as he can identify himself as the party named as consignee in the
seaway bill
§ Seaway bill obliges the carrier to deliver goods to the consignee named in the
document
§ The carrier's only responsibility in this respect is to exercise due diligence when
confirming the identity of the person claiming to be the consignee
House bill of lading
§ It is the document issued by the freight forwarder to the shipper giving the detail of
the consignment to be carried to the destination country
© Krishnan Subramaniam
International Trading
Kinds of BL – 2/2
© Krishnan Subramaniam
International Trading
Transportation Documents
© Krishnan Subramaniam
International Trading
Transportation Documents
Dangerous Goods
The shipment of dangerous goods is regulated by a number of organizations and rules
§ International Maritime Organization's International Maritime Dangerous Goods Code
§ International Air Transport Association's Dangerous Goods Regulations
§ Local shipment codes, such as the United States' Code of Federal Regulations, Title
49 (abbreviated 49CFR)
© Krishnan Subramaniam