Internationaltradedocumentation国际商务单证.ppt

Course: International trade documentation,Topics we will cover:,Contract Letter of credit Bill of exchange/draft; promissory note; check Commercial invoice Packing documents Bill of lading Insurance policy Certificate of origin,Certificate,/ 全国国际商务单证考试,Chapter 1 Brief Introduction to International Trade,Outline,International trade Documentation Payment terms,Section 1 International Trade,Definition International trade is the exchange of goods and services produced in one country for those produced in another country.,Why?,The reasons for international trade,The uneven distribution of natural resources,B. International specialization,C. Different Patterns of demand among nations,D. Economies of scale,E. Innovation or variety of style,Distribution of Manufacturing Parts Monitor Korea Semiconductors Japan Power supply Japan Graphics Printer Japan Floppy Disk Drives Singapore Assembly of disk drives U.S Keyboard Japan Case and final Assembly U.S,Even the IBM PC Isnt All-American,The suppliers come from U.S., Japan, France, Canada, Italy, Australia, South Korea, United Kingdom,Even the Boeing 777 Isnt All American,So it is increasingly difficult to say what is a “U.S.” product; what is “Japanese” product.,The major participants in international trade,importer,manufacturer,customs,Bank,Inspection Bureau,Transportation company,Insurance company,Taxation Bureau,Exporter,Import and export transaction flow,See 1.1.3 (p2),INCOTERMS 2000,EXW,CIF,DDP,Sellers Warehouse,Buyers Warehouse,Export License,Transportation,Insurance,Customs Clearance,Shipping On Board,Unloading,Import License, Customs Clearance,Relationship between terms in common use,Refers to sea & inland waterway transportation,FOB,+F,CFR,+I,CIF,FCA,Refers to any mode of transportation,+F,CPT,+I,CIP,Ships rail,Delivery to carrier,国际贸易术语一览图,A,W,C,DDU,DEQ,DES,FOB,FAS,EXW,DAF,FCA,Buyer,Seller,CIP,CPT,CIF,CFR,DDP,Section II documentation,What is a document? The word document means official paper, also carries meaning of proof and evidence. Therefore, a document is an official paper that serves as a proof or evidence of something.,Purposes：,In the context of international trade, a document can serve many purposes including: Proof of ownership of a shipment (bill of lading) Evidence of the particulars of a sale (the commercial invoice) Proof or evidence of the country of origin of goods (the certificate of origin) Proof of insurance coverage (the insurance certificate or document) Reassurance of the quality of goods in a shipment (the inspection certificate),Categories of documents used in international trade,Transaction documents: purchase order, contract of sale, pro-forma invoice, commercial invoice etc Export documents: export licenses and permits, bill of lading, certificate of origin etc. Transport documents: bill of lading etc Import documents: import licenses and permits, bill of lading, certificate of origin etc Banking documents: draft, letter of credit,International money transactions refer to the movement of funds from one country to another. The main reason for moving funds from one country to another is the settlement of debts resulting from international trade.,Section III The main payments,Modes of Payment,Main Modes of Payment: Remittance Collection Letter of Credit,Modes of Payment,Remittance 汇付(又称汇款) Means that the buyer remits money to the seller through a bank on his own initiative. 是指付款人主动通过银行或其他途径，将货款汇交收款人。,Remittance 汇付(又称汇款),Parties in Remittance Remitter (汇款人): usu. importer Payee or Beneficiary (收款人) : usu. exporter Remitting Bank (汇出行): usu. importers bank Paying Bank (汇入行): usu. exporters bank,Remittance 汇付(又称汇款),Kinds of Remittance Telegraphic Transfer (T/T) Mail Transfer (M/T) Demand Draft (D/D),Remittance 汇付(又称汇款),1. Telegraphic Transfer (T/T) 电汇 At the request of the buyer, a local bank sends a trust deed (信托书) for payment by cable directly to its correspondent bank at the sellers end and entrusts the work to it to pay money to the seller. 汇出行应汇款人的申请，拍发加押电报或电传给在另一国家的分行或代理行（汇入行），指示它解付一定金额给收款人。,Remittance 汇付(又称汇款),2. Mail Transfer (M/T) 信汇 The buyer gives money to a local bank which sends a trust deed (信托书) for payment to its correspondent bank at the sellers end by mail and entrusts it with the task to pay money to the seller. 汇出行应汇款人的申请，将信汇委托书寄给汇入行，授权解付一定金额给收款人。,汇款业务流程图,Payee or Beneficiary,Remitter,Paying Bank,Remitting Bank,收款人/受益人,汇款人,汇出行,汇入行/付款行,1.Make payment through T/T or M/T stipulated by the contract,4.Execute the payment,通知解付,3.Transmit the transfer,委托、指示,2. Instruct the payment,汇款申请,Differences：T/Ttelecommunication 电汇支付指示通过电讯方式发出 M/Tmail/courier 信汇支付指示通过信件或快邮发出,区别比较,电汇的特点是安全，高速，适用于金额大、比较急的汇款。但收费高 信汇的优点是收费低廉。但速度比电汇慢得多，而且信函在传递途中易被耽搁或遗失，因此只适用于一些金额不大或收款不急的汇款,Remittance 汇付(又称汇款),Demand Draft (D/D) （Remittance by Bankers Demand Draft）票汇 The buyer buys a draft from a local bank and sends it by mail to the seller, the seller or his appointed person can collect money from the relative bank at his end against the draft sent by the buyer. 票汇是以银行即期汇票为支付工具的一种汇付方式。由汇出行应汇款人的申请，开立以其代理行或账户行为付款人，列明汇款人所指定的收款人名称的银行即期汇票，交由汇款人自行寄给收款人。由收款人凭票向汇票上的付款人（银行）取款。,specimen,D/D 票汇,银行汇票申请书,汇票的内容,Drawn under SAKURA BANK, LTD., TOKYO Irrevocable L/C No. 645-3000598 Dated Jan.10.2003 Payable with interest 5.2% per annum No.20042 EXCHANGE for US$236,000.00 Shanghai China Feb.20.2003 At * days sight of this first of Exchange (Second of Exchange being unpaid) pay to the order of Bank of China the sum of US dollars TWO HUNDRED AND THIRTY-SIX THOUSAND ONLY To: SAKURA BANK, LTD., TOKYO China Machinery & Equipment Import &Export Corp.,Summary,票汇是进口人向进口地银行购买银行汇票寄给出口人，出口人凭此向汇票上指定的银行取款的一种方式。汇出银行在开出银行汇票的同时，对汇入行寄发“付款通知书”，汇入行凭此验对汇票后付款。 票汇以银行即期汇票作为结算工具。票汇与电、信汇的不同在于票汇的传送不通过银行，汇入行须通知收款人，而由收款人持票登门取款,Modes of Payment,Collection 托收 The exporter draws a bill and asks his bank to arrange for the acceptance or payment of the bill overseas, and the bank will carry his task through its own branch office abroad or a correspondent bank. This procedure is termed as collection of proceeds of sales. 托收是指债权人（出口人）出具汇票, 委托银行向债务人（进口人）收取货款的一种支付方式。,Collection 托收,Parties in Collection The principal or exporter 委托人 The remitting bank 托收行 The collecting bank 代收行 The payer or importer 付款人,（Principal）委托人,(Drawee) 受票人/付款人,（Remitting Bank）托收行,（Collecting Bank)代收行,1.签订 合同,2.托收申请,7.解付,3. 委托、指示,6.划款,4.提示,5.付款或承兑,出口商,进口商,出口商所在地银行,进口商所在地银行,specimen,Collection,Workflow of Collection,Principal (Exporter),Remitting Bank,Drawee (Importer),Collecting Bank,1.Ship Goods,2.Present Document,3.Send Doc.& Instrument,5.Send Funds,4.Release Doc. Upon Payment or Acceptance,ship,委托人（出口商）,受票人/付款人（进口商）,托收行,代收行,Collection 托收,Kinds of Collection Collection on clean bill Collection on documentary bill,Kinds of Collection,Collection on Clean Bill 光票托收 Means that the exporter collects the purchase price against the draft only, without any shipping documents attached thereto. Usu. Used in collecting balance (余额) under L/C, advance, commission and costs of samples.,Kinds of Collection,Collection on Documentary Bill 跟单托收 Means that the exporter collects the purchase price against the documentary bill. Documents against acceptance (D/A) Documents against payment (D/P),Documentary Collection 跟单托收,(1) Documents Against Acceptance (D/A) 承兑交单 Calls for delivery of documents against acceptance of the draft drawn by the exporter. D/A is always after sight,Documentary Collection 跟单托收,(2). Documents Against Payment (D/P) 付款交单 Calls for actual payment against the transfer of shipping documents. D/P at sight D/P after sight,Documents Against Payment,D/P at sight 即期付款交单 After shipment of the goods, the exporter shall draw a sight bill of exchange, and send it as well as shipping documents to a local bank, through which and whose correspondent bank the documentary draft is presented to the importer. The importer shall pay against the documentary draft drawn by the seller at sight. 出口方按合同规定日期发货后，开具即期汇票, 连同全套货运单据，委托银行向进口方提示，进口方见票（和单据）后立即付款。银行在其付清货款后交出货运单据。,Documents Against Payment,D/P after sight 远期付款交单 After shipment of the goods, the exporter shall draw a usance bill of exchange, and send it as well as shipping documents to a local bank, through which and whose correspondent bank the documentary draft is presented to the importer. The importer shall accept the usance draft, and make payment on the due date of the usance bill. 出口方按合同规定日期发货后，开具远期汇票连同全套货运单据，委托银行向进口人提示，进口方审单无误后在汇票上承兑，于汇票到期日付清货款，然后从银行处取得货运单据。,Modes of Payment,Letter of Credit Feature of L/C Parties relating to L/C Procedure of L/C Contents of L/C Kinds of L/C,Modes of Payment,Letter of Credit Credit means any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honor a complying presentation. 信用证意指一项约定，无论其如何命名或描述，该约定不可撤销并因此构成开证行对于相符提示予以兑付的确定承诺。,Letter of Credit,Banks deal with documents and not with goods, services or performance to which the documents may relate. 银行所处理的是单据，而不是单据所涉及的货物等,Letter of Credit,Feature of Letter of Credit L/C is bank credit. L/C is a self-sufficient instrument “A credit by its nature is a separate transaction from the sale or other contract on which it may be based. Banks are in no way concerned with or bound by such contract, even if any reference whatsoever to it is included in the credit. “ 就性质而言，信用证与可能作为其依据的销售合同或其它合同，是相互独立的交易。即使信用证中提及该合同，银行亦与该合同完全无关，且不受其约束。 Documents business.,Letter of Credit,Parties relating to L/C 开证申请人（Applicant） 开证行（Opening Bank, Issuing Bank） 通知行（Advising Bank, Notifying Bank） 受益人（Beneficiary） 议付行（Negotiating Bank） 付款行（Paying Bank, Drawee Bank）,Letter of Credit,Parties relating to L/C Applicant (开证申请人): who applies to the bank for issuance of a letter of credit. The originating bank or opening bank or issuing bank (开证银行): which is the bank receiving the application from the applicant to issue the L/C and will be responsible for payment.,Letter of Credit,Parties relating to L/C The advising bank or correspondent bank (通知银行): which is a bank at the place where the exporter resides and may usually be a branch of the issuing bank or its correspondent. The advising bank hands the L/C to the exporter under the instructions from the issuing bank. The beneficiary (受益人): who is empowered to use the L/C.,Letter of Credit,Parties relating to L/C The negotiating bank (议付银行): which is a bank ready to accept or discount the documentary bill drawn by the beneficiary under L/C. The paying bank (付款银行): which is a bank responsible for the payment specified in the L/C.,开证申请人（进口人）,合同,受益人（出口人）,付款行 开证行,通知行 议付行,付款赎单,偿付,索偿,审证、改证 交单、议付、,通知,申请开证,开证、寄证,Workflow of L/C Utilization,Buyer (Applicant),Issuing Bank (Buyers Bank),Seller (Beneficiary),Advising Bank (Sellers Bank),1.Goods,2. Documents,3. Payment,4.Documents,5.Payment,6. Documents,7. Payment,3. Procedure of L/C,A,A,A,A,开证申请人 （进口人）,付款行,通知行,信用证受益 人（出口人）,开证行,议付行,信用证程序示意图的说明,A,A,合同规定支付方式为信用证 进口人填制开证申请书，交纳押金和手续费，要求开证行开出以出口人为受益人的信用证 开证行开出信用证并寄交通知行 通知行核对印鉴后交给出口人 出口人按信用证装船、制做单据,在有效期内送交议付行议付 议付行审单后, 按汇票金额扣除利息垫付货款给出口人 议付行将汇票单据寄开证行或付款行 开证行或付款行审单后付款给议付行 开证行通知进口人付款 进口人付款赎单,Letter of Credit,Contents of L/C Description of L/C: kind, validity, expiry date etc. Description of the goods to be shipped Description of the shipment Description of the documents for payment Any special requirements Clauses covering the responsibility of payment by the issuing bank in favor of the beneficiary,Kinds of L/C,Revocable L/C and Irrevocable L/C Revocable L/C (可撤销信用证) : Means that the opening bank may amend or revoke the credit before negotiation, acceptance or payment without agreement of the beneficiary. Irrevocable L/C (不可撤销信用证): Means that once the L/C is opened, without agreement of the beneficiary, the opening bank cannot amend or revoke the L/C within its validity.,Kinds of L/C,Documentary L/C and Clean L/C Documentary L/C (跟单信用证) : Means that the bill of exchange drawn by the seller should be accompanied with shipping documents. Clean L/C (光票信用证): If the bill of exchange is a clean bill, the L/C is called a clean L/C.,Kinds of L/C,Confirmed L/C and Unconfirmed L/C Confirmed L/C (保兑信用证) : An irrevocable L/C confirmed by another bank named by the opening bank Confirming bank (保兑行) : the bank authorized or requested by the opening bank to confirm the L/C Unconfirmed L/C (不保兑信用证): the L/C drawn by the opening bank is not confirmed by another bank.,Kinds of L/C,Sight L/C and Usance L/C Sight L/C (即期信用证) : Stipulates that the beneficiary may collect the purchase price from the bank against a sight draft. Usance L/C (远期信用证): Stipulates that the beneficiary may collect the purchase price from the bank against a usance draft. Buyers usance L/C:（Usance Credit Payable at Sight）假远期信用证 beneficiary: payment at sight Applicant: payment after sight,Kinds of L/C,Transferable L/C 可转让信用证 Allows the beneficiary to transfer the amount partly or wholly of the letter of credit to one or more than one parties, i.e., the second beneficiary. The first beneficiary: middleman or broker The second beneficiary: the actual suppliers of the goods,Kinds of L/C,Revolving L/C 循环信用证 The buyer gives the bank standing instructions to arrange for a revolving credit in favour of the exporter, which at no time shall exceed a fixed maximum.,Kinds of L/C,Reciprocal L/C 对开信用证 When the two parties conclude a transaction in which they act as importers and exporters mutually and the trades are related and equal or almost equal, the two parties open Ls/C in favor of each other. So the two Ls/C are conditioned on each other. Usu. in: compensation trade, barter trade, processing with supplied materials 一般用于补偿贸易、易货贸易和对外加工装配业务,Kinds of L/C,Back to Back L/C 背对背信用证 The exporter sends the L/C established by the importer in his favor to a bank as sole security (抵押), requiring the local bank to reopen an L/C in favor of the actual exporter. Original Letter of Credit, (Prime Letter of Credit) (原信用证，亦称主信用证) Back-to-Back Letter of credit (Subsidiary Letter of Credit) (背靠背信用证，亦称附属信用证),Kinds of L/C,Anticipatory credit (Packing credit) 预支信用证, 打包信用证 The opening bank allows the beneficiary to collect the purchase price against the draft or other evidence, but he must give a receipt and an undertaking to present the required shi