《国际结算英》PPT课件.ppt

1、1,International Settlements safety; speed; cost; flexibility Reimbursement （银行间的资金偿付）(p86) different methods of reimbursement are used under different a/c relationships between the two banks. (资金偿付方法依银行间的帐户关系而定）,81,International Settlements and ii. each discrepancy in respect of which the bank refus

2、es to honour （列明所有不符点）; and iii. （说明对单据的处理） a) that the bank is holding the documents pending further instructions from the presenter; or b) that the issuing bank is holding the documents until it receives a waiver from the applicant and agrees to accept it, or receives further instructions from the

3、 presenter prior to agreeing to accept a waiver; or c) that the bank is returning the documents; or d) that the bank is acting in accordance with instructions previously received from the presenter.,132,International Settlements if acceptable, to deliver the goods to the shipping co.,The shipping co

4、mpany will sign the whole set of transport docs (normally B/L) to the seller. The seller will prepare all the docs required by the L/C and present them to the nominated bank in time. The nominated bank will examine the docs carefully to see whether they comply strictly with the terms and conditions

5、of the L/C. if any discrepancies, to deal with them properly. If no discrepancies, to make payment against/to accept /to negotiate the docs as the case may be. The nominated bank will send the docs to the issuing bank and claim reimbursement following the reimbursement method stipulated in the L/C (

6、BP),The issuing bank will examine the docs in detail and make reimbursement against complied docs. (Notice of Dishonor; Notice of Payment) The issuing bank will notify the buyer of the docs arrival. The buyer will make payment to get the docs providing the docs are in order. The issuing bank will re

7、lease the docs to the buyer. The buyer will give the B/L to the shipping co. The shipping company will deliver the goods to the buyer.,Types of L/C (p139) clean L/C and documentary L/C（光票信用证与跟单信用证） -according to whether shipping docs are required by the credit confirmed L/C and unconfirmed L/C（保兑信用证

8、与不保兑信用证） -according to whether an L/C asking for confirmation really bears a confirmation made by a bank other than the issuing bank. sight payment L/C, acceptance L/C ,deferred payment L/C and negotiation L/C（即付、承兑、延付和议付信用证） -according to the mode of availability acceptance L/C negotiation L/C,sell

9、ers usance L/C,buyers usance L/C,restricted negotiation L/C,free negotiation L/C,139,International Settlements nor does it assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods, services or other performan

10、ce represented by any document, or for the good faith or acts or omissions, solvency, performance or standing of the consignor, the carrier, the forwarder, the consignee or the insurer of the goods or any other person.,Advantages and disadvantages to the two parties From sellers viewpoint - Advantag

11、es: . assurance under L/C business finance in L/C business negotiating the documentary draft to the sellers bank applying for packing loans to the sellers bank discounting the time draft already accepted by the drawee bank (using seller usance credit) using an anticipatory L/C to get payment in adva

12、nce,disadvantages: risks arisen by false L/C or soft clauses L/C This credit will become operative only when the buyer obtains the import license. Inspection certificate issued by the applicant . We hereby undertake to pay as soon as the proceeds is paid by the applicant to us.,from buyers viewpoint

13、 advantages: assurance under L/C business . finance in L/C business: applying for issue of L/C with only small margin or even no margin requirement on him. Borrowing docs from issuing bank against T/R taking the goods before docs arrival from shipping company against indemnity signed by the issuing

14、bank. Applying for issuing a buyers usance credit disadvantages: risks arisen from false docs.,Brief introduction Roles types Draft sample (p48) points for attention in examination of draft in L/C business(p183) Invoice definition Sample(p205) points for attention in examination of invoice under L/C

15、(p184),Documents,153,International Settlements & Payments,Bill of lading (B/L) definition functions receipt of goods evidence of contract of carriage doc of title to the goods Sample(p213) FULL SET OF CLEAN MARINE BILL OF LADING ON BOARD THE NAMED VESSEL CONSIGNED TO THE ORDER OF SHIPPER, BLANK ENDO

16、RSED MARKED FREIGHT PREPAID INDICATING NOTIFY SENG-CHO INTERNATIONAL, LTD. 3283 LAKE SHORE AVE SUITE 203 OAKLAND, CA 94610 types points for attention in examination of B/L under L/C(p184),Insurance documents Kinds of insurance docs - insurance policy - insurance certificate Sample (p227) INSURANCE P

17、OLICY OR CERTIFICATE IN DUPLICATE. ENDORSED IN BLANK FOR THE INVOICE VALUE OF THE GOODS PLUS 10 PERCENT COVERING INSTITUTE CARGO CLAUSES(AIR) TO INCLUDE WAR AND STRIKES RISKS ON A WAREHOUSE TO WAREHOUSE BASIS Points for attention in examination of insurance docs under L/C(p185) Miscellaneous documen

18、ts Types Points for attention in examination,Methods used for docs examination put the L/C and all the docs together in order. Read the L/C carefully, underlining the important contents and trying to learn them by heart. Examine carefully all the docs one by one according to the requirements of the

19、L/C , to see whether all the requirements are met with. Examine the docs with one another , to see whether they are in consistent with each other. Note down all the discrepancies found in docs.,Definition（概念） A written undertaking made by a bank on behalf of its customer to pay the beneficiary under

20、 the conditions stipulated in it. differences between L/G and L/C applicant and beneficiary nature of payment obligation of the issuing bank conditions under which the payment should effect Types of condition relations with the basic contract docs required international rules related risks involved

21、operation,Bank guarantee(银行保函）,158,International Settlements & Payments,L/C L/G Usage single multiple Nature of payment s/c value s/c value/default penalty/repayment Applicant importer importer/exporter Beneficiary exporter exporter/importer Banks obligation primary primary/secondary Payment conditi

22、on conditional conditional/unconditional Types of condition documentary documentary/factual Relation to basic contract independent independent/accessory International rules UCP600 URDG458 Banks risks lower higher,Primary obligation We hereby undertake to pay as primary obligor, but not merely as sur

23、ety Secondary obligation In the event of default by the applicant and due to its failure to make payment for compensation of such default , we shall pay,160,International Settlements & Payments,Conditional: We hereby undertake to pay immediately upon our receipt of your written demand accompanied by

24、 supporting documents such as Unconditional: We hereby undertake to pay you immediately upon receipt of your written claim without it being necessary for you to produce any proof documents in support of your claim.,161,International Settlements & Payments,Documentary condition: We shall pay the buye

25、r the guaranteed amount when the buyer has provided us together with his claim an inspection certificate issued by * which shows that goods delivered are not in conformity with the contractual specification. Factual condition: We shall pay the buyer the guaranteed amount if the goods are not in conf

26、ormity with the contractual specification.,162,International Settlements & Payments,Independent: We hereby irrevocably undertake to pay to you ,upon receipt of your duly signed request for payment, any amount up to the above mentioned maximum amount, irrespectively of the validity and the legal effe

27、cts of the above mentioned contract.,Contents of L/G(p174)（内容） procedure of L/G business（流程） 1.the principal (applicant) and the beneficiary sign a underlying contract specifying a L/G to be issued.（签订合同） 2. the principal applies for issuing a direct L/G or a counter L/G（申请保函或反担保函） 3. the principal

28、bank (the guarantor) issues a direct L/G or a counter L/G（开立保函或反担保函） 4.the beneficiarys bank advises the direct L/G or issues a L/G against the counter L/G to the beneficiary （通知或开立保函） 5.the beneficiary claims payment by presenting a written demand together with required docs to the beneficiarys ban

29、k （交单索付） 6.the beneficiarys bank transmits the docs to the principals bank for payment or effects payment to the beneficiary and claims reimbursement from the principals bank （寄单索付或付款后索偿）,7.the principals bank effects payment to the beneficiary through the beneficiary bank or reimburses to the benef

30、iciary s bank（付款或偿付） 8. the principal bank asks for reimbursement from the principal （向申请人索偿） types of L/G (p171)（种类） tender G performance G repayment G (advance payment G) leasing G payment G loan G overdraft G Standby L/C（备用信用证）,International Factoring（国际保理）,definition(p190)(概念） According to the G

31、eneral Rules for International Factoring（国际保理通则） published by FCI (Factors Chain International国际保理商联合会), a factoring contract means a contract pursuant to which a supplier may or will assign accounts receivable（应收账款） to a factor（保理商）, whether or not for the purpose of finance（融资）, for at least one o

32、f the following functions: - Receivables ledgering（应收账款的记账管理） - Collection of receivables（应收账款的回收） - Protection against bad debts（坏账担保）,166,International Settlements & Payments,procedure of international factoring business（流程） Overall agreement of factoring between the exporter and factor（签订保理总协议） A

33、pplying for importers credit line（申请买方信用额度） Request of credit approval（委托批准信用额度） Investigation of importers credit and approving the credit line(100% credit risk protection)（信用调查和额度批准） Notification of the credit line (within 10 days)（通知额度） Notification of the credit line accordingly （通知额度） S/C signe

34、d between the exporter and importer (sales scale within the credit line)（签订销售合同）,167,International Settlements & Payments,Delivering goods and sending documents（发货寄单） 9. Sending copy of invoice and applying for finance（转让应收账款申请融资） 10. Providing funds normally without recourse and normally not exceed

35、ing 80% of the credit line （提供融资） 11. Sending copy of invoice （寄送发票） 12. Asking for payment several days before due date（到期前催款） 13. Payment on due date （到期付款） 14. Payment not later than the 90th day after maturity（完成支付） 15. Paying the balance （支付余款）,168,International Settlements & Payments,7 exporte

36、r importer 8 1 2 6 9 10 15 4 12 13 3 export 5 import factor 11 factor 14,Forfaiting（福费廷/包买票据）,Definition(p208) Forfaiting is the business of discounting （贴现） without recourse（无追索权） by forfaiter (包买商） the medium-to-long term credit instruments（票据） such as bills of exchange（汇票） or promissory notes（本票）

37、 related to international trade transactions normally concerning capital goods（资本货物）. Differences from factoring Differences from discounting,170,International Settlements & Payments,factoring forfaiting Financing service with/without with Recourse with/without without Goods traded consuming goods capital goods Amount smaller bigger Tenor short term medium-to-long term Risks protected buyers credit ri