Areej Aftab Siddiqui
Importance of Terms of Payment
Determination of Terms of
Payment
Key Players in International Trade
Exporter’s Importer’s
Bank Bank
Exporter Importer
International
Carrier
BORDER BORDER
Export Clearance Import Clearance
Link when in an International Sales
Contract
Exporter’s Importer’s
Bank Bank
International
Carrier
BORDER BORDER
Export Clearance Import Clearance
How to secure the How to secure the
payment after shipment delivery after payment
Methods of Payment
Consignment Payment will be made after goods being sold in import country
Open account Delivery first before payment
Collection Delivery first before payment (through bank)
Letter of Credit
A guarantee for payment by Bank
Advance payment
Pay first before delivery
Exporter’s Risk
Consignment
• Demand for payment is usually made by
means of a clean draft( no documents
attached).
• Payment typically occurs after the products
have been resold by the buyer.
Application/Use
• The consignee is reliable
• The consignee has a good credit history
• The consignee’s country has economic and political
stability
• The consignee is the branch office of the main
company
Open Account
• A term of payment in which no banks are involved, only
an agreement between seller and buyer that payment
will be made within an agreed period of time.
• The buyer opens an account in the name of the seller in
the buyer’s book and show values of the goods as an amou
nt owing to the seller
• Banks become involved through wire transfers, but no
negotiations.
• Normally one should use this method only when he/ she
has confidence in the creditworthiness of the buyer.
• The seller sends the goods to the buyer BEFORE the
payment
Contractual Relationship
8. P ayment
Bank or FI
7. Shipping Documents
Exporter Importer
1. Sale Contract
5. Bill of Lading
2. Contract of carriage 4. Shipment
Transportation
6. Insurance Certificate
3. Insurance contract
Insurance
Application/Use
• There is longterm relationship and confidence
between the
• buyer and the seller
• The seller is under pressure to sell his goods
• The buyer has a very good reputation and is well
known in the market
• The buyer is solvent
Cash in Advance
(Advance Payment)
Buyer pays BEFORE shipment
Used in new relationship
Transactions are small and buyer has no
choice
Maximum security to sellers
No guarantee that goods are shipped
Contractual Relationship
4. Advance payment
Bank or FI
2. Contract of carriage 5. Shipment
Transportation
7. Insurance Certificate
3. Insurance contract
Insurance
Application/Use
• The buyer lacks creditworthiness
• The buyer is not able to offer sufficient security for
payment
• The buyer is located in a region of politic and/or
economic instability
• The product is so specialized that it is specifically
made for the customer and cannot be easily sold to
another customer
Documentary Collections
• A collection, which is accompanied by commercial
documents.
• Means that the bank handles documents according to
the instructions received.
• This payment method is most often used in
international trade in the exchange of merchandise for
money.
• With this method, the goods are shipped to the foreign
country, but the documents are sent to the buyer’s
bank.
• Bank has the only duty to collect the payment from the
buyer in exchange for delivery of the shipping & financial
documents
• Bank assumes no risk & responsibility associated with
default payment AS LONG AS it follows the seller’s instru
ction
Types of collection
Drafts
• An unconditional order in writing prepared by
one (drawer) and addressed to another (drawee)
• The draft is drawn by the beneficiary under the
term of authorization in the letter of credit and in
straight conformance with the conditions stated.
• The draft has to include the name of the issuing
bank.
• Draft (in some countries) is said to be drawn to
the account of the bank or buyer.
Types of Draft
•With recourse means purchase by a banker or other financial institution of
draft.
•Without recourse means exact opposite.
• Consignee fails for any original drawer of the draft.
Contractual Relationship (Clean
Collection)
9. P ayment
Bank or FI
8 . Financial Documents
7. Shipping Documents
Exporter Importer
1. Sale Contract
5. Bill of Lading
2. Contract of carriage 4. Shipment
Transportation
6. Insurance Certificate
3. Insurance contract
Insurance
Contractual Relationship (D/P)
9. P ayment
Bank or FI (simultaneously)
8 . Financial & Shipping Documents
Exporter Importer
1. Sale Contract
5. Bill of Lading
2. Contract of carriage 4. Shipment
Transportation
6. Insurance Certificate
3. Insurance contract
Insurance
Contractual relationship (D/A)
9. P ayment (at the future
Bank or FI date)
8 . Financial & Shipping Documents
Exporter Importer
1. Sale Contract
5. Bill of Lading
2. Contract of carriage 4. Shipment
Transportation
6. Insurance Certificate
3. Insurance contract
Insurance
Risk associated with Collection
What is a Letter of Credit?
• Document and undertaking issued by a bank
• At the request of the applicant (buyer, importer)
• In favor of a beneficiary (seller, exporter)
• Substitutes the bank’s name and credit risk for
that of the applicant (buyer, importer)
• Guarantees payment of a customer’s draft up to a
stated amount for a specified period
if certain conditions are met
Letter of Credit
Summary of a contract
between seller and Governed by
buyer with the bank(s) UCP 600
as referee
Why Have A Letter Of Credit?
IF I SHIP GOODS,
WILL YOU PAY? IF I PAY, WILL YOU
SHIP THE GOODS?
Solves Issues Of Mutual Mistrust By Using
Banks As Arbiters
NEGOTIATE L/C TERMS BEFORE
ENTERING A CONTRACT
Trade Finance Letter Of Credit
Documents
Banks do not deal in the merchandise which
the letter of credit covers
Banks deal only in
DOCUMENTS
SWIFT : Society for Worldwide Interbank
Financial
Telecommunication
Parties to the Documentary Credit
1. Sale Contract
Exporter Importer
( Beneficiary) (Applicant)
4. Advice of L/C 2. Credit Application
KEY ELEMENTS
• AMOUNT
• EXPIRY
• LATEST SHIPMENT DATE
• DOCUMENTS REQUIRED
International
Carrier
Letter of Credit
- Guarantee for payment by bank
Need Guarantee for Need Bill of Lading to
under terms & conditions
payment before demand for the goods
- Assure appropriate documents
delivery at the destination
(B/L) are presented
Documentary Credit Procedure
(1) Contract of Sale
Buyer Seller
(Importer) (Exporter)
(5) Delivery of Goods
(7) Documents Presented to
issuing Bank
Importer’s Bank Correspondent
(Issuing Bank) (9) Payment Bank
(3) Credit Sent to Correspondent
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Important Highlights of UCP 600
• The UCP 600 rules apply to any
credit when stated that it is subject to
these rules
• They are binding on all parties unless
modified or excluded by the credit.–
Article 1
• A credit is irrevocable unless there is an indication
• A document may be signed by handwriting, facsimile
signature, perforated signature, stamp, symbol or any other
mechanical or electronic method of authentication
ARTICLE 2
Definitions
Honour:
a. to pay at sight if the credit is available by
sight payment.
b. to incur a deferred payment undertaking
and pay at maturity if the credit is available by deferred
payment.
c. to accept a bill of exchange (“draft”) drawn by the beneficiary
and pay at maturity if the credit is available by acceptance.
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ARTICLE 2
Negotiation:
Credits v. Contracts
Financial Documents
Transport Documents
Commercial Documents
FINANCIAL DOCUMENTS:
Bill of Exchange
Promissory Note
Trust Receipt
Delivery Order
TRANSPORT DOCUMENTS:
Bill of Lading
Airway Bill
Air Consignment Note
Postal Parcel Receipt
Truck Receipt
Railway Receipt
COMMERCIAL DOCUMENTS
Commercial Invoice
Packing List
Insurance Certificate
Certificate Of Origin
Inspection Certificate
Weight Note
Certificate Of Analysis
Black List Certificate etc.
DOCUMENTARY
REQUIREMENTS
Drafts should
• Be drawn by the Beneficiary on behalf of the
parties specificied in the Letter of Credit
• Not exceed the Letter of Credit amount or its
remaining balance
• Not be payable or endorsed to parties other than
the Beneficiary or the issuing or the nominated
bank
• Be in negotiable form, endorsed by the Beneficiary
as necessary
• Refer to the Letter of Credit
Invoices should
• Be issued by the Beneficiary named in the letter of
credit
• Be issued to the Applicant
• Describe the goods and show the prices and terms
as detailed in the Letter of Credit
• Not exceed the Letter of Credit amount or its
remaining balance, except in UCP 600
Insurance documents should
• Cover the risks stated in the Letter of Credit
• Cover, at minimum, 110% of the cost, insurance
and freight (CIF), or carriage and insurance paid
(CIP) value of the shipment
• Be countersigned and if the assured is other than
the Confirming, Issuing bank or buyer, be
appropriately endorsed, or endorsed in blank
• Be presented in full set(s) (all relevant documents)
• Be in force as of a date not later than the date
appearing on the transport document or “on
board” notation
Case
• Mang Juan shows his beautiful candle holder at the
Manila International Gift Show.
• Mr. Smith from the UK falls in love with the
product
• Mang Juan is selling it at the price of $1.00
• Mr. Smith wants to buy 100,000 pieces!
• Mang Juan is thrilled to death, but $100,000 is a
very big order! Almost 5 million pesos!
• How will he be sure Mr. Smith will be able to pay
him? What if Mr. Smith changes his mind and
cancels the order?
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Methods of Payment which can be
adopted
1. Can Mang Juan ask Mr. Smith to pay 50% in advance?
Would Mr. Smith feel this is right?
Remember, they have met for the first time. What if
Mang Juan takes the money but does not ship the
goods!
2. How can Mang Juan and possibly those who will
finance his production be reassured he will be paid?
3. How about Mr. Smith? What assurance does he have
that Mang Juan will deliver the 100,000 pieces on the
agreed date and the same quality as he showed?
4. Would it be fair to Mang Juan if Mr. Smith pays him
only after the goods have been shipped to him and
inspected by Mr. Smith? That would be ideal for Mr.
Smith.
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How do we solve this problem of trust?
Through A bank instrument called the
Letter of Credit
1. It is a bank, and not Mr. Smith, who guarantees Mang Juan
that he will be paid
2. Mr. Smith, the importerbuyer, applies to his bank for a letter of
credit which if he is a good client of the bank, will be approved
with a marginal deposit from Mr. Smith.
3. With the Letter of Credit, it is the Issuing Bank and not Mr.
Smith, who assures the exporterseller, Mang Juan, that he will
be paid, provided he complies with the terms of the Letter of
Credit.
4. Mr. Smith can stipulate in the Letter of Credit however the latest
shipping date of the order, if partial shipments will be allowed,
and that an inspection certificate approving the goods for
shipment by a trusted firm specified by the buyer is required.
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Common Defects in Documentation
About half of all drawings contain discrepancies, like:
• The L/C expires prior to presentation of documents
• B/L evidences delivery prior to or after the date range
stated in L/C
• Changes included in invoice not authorized in L/C
• Inconsistent description of goods
• Insurance document errors. A document required may be
missing
• Invoice amount not equal to draft amount
• Name of documents not exact as described in the credit.
Beneficiary information not exact
• Invoice/statement not signed as stipulated in L/C
Importance of L/C for Exporter
• Dependence on Credit worthiness of a bank instead of importer
• If the credit is confirmed by a bank in the exporter’s country,
the exporter is neither subject to commercial not to country
risk
• If the credit is irrevocable, it can’t be cancelled without the
exporter’s consent and notice of revocation can be rejected by
the exporter if received after shipment
• The documents and therefore the goods will not be released
until payment or commitment to payment is made (In terms of
L/C)
• Where credit has been allowed the accepted bill of exchange
can be used to obtain the finances
Importance of L/C for Importer
• The importer can negotiate better terms as
the exporter is assured of payment
• Importer is assured that no funds will be
released unless title documents and
received correct and in order
• Protection is provided under UCP for
documentary Credit
Risk Situations in a L/C Transaction
• General If goods being offered for sale at a price that is
too good to be true, then it is a risky situation
• Fraud Payment may be obtained for nonexistent or
worthless goods against presentation of by the beneficiary
of forged or falsified documents or credit itself may be
forged
• Risks to applicant – non delivery of goods, short
shipment, inferior quality, early/late shipment, damages
in transit, Failure of bank viz. issuing bank/collecting
bank
• Risks to beneficiary failure to comply with credit
conditions, failure of, or delays in payment from the
issuing bank contd
Risk Situations in a L/C Transaction
(contd)
• Sovereign & Regulatory Risks possibility that L/C
may be prevented by the government action out side the
control of parties
• Risks to issuing bank Insolvency of the applicant,
fraud risk, sovereign, regulatory & legal risks
• Risks to advising bank if it is a paying bank – failure
to check apparent authenticity of L/C – and advising it to
beneficiary
• Risks to confirming bank Once having paid the
beneficiary, it may not be able to obtain reimbursement
from the issuing bank because of insolvency of issuing
bank
COMPARISON OF VARIOUS
METHODS
Guarantees
•A Guarantee is issued by a bank on behalf of its
customer, the Exporter, as financial assurance to the
Importer to be collected in the event that the Exporter
defaults on certain specified contractual obligations.
•The bank that issues a Guarantee will pay the named
beneficiary the amount specified on presentation of a
written demand as outlined in the Guarantee.
•While there are standard Guarantee formats,
Guarantees can be tailored to meet your specific
contractual needs.
Types of Guarantees
Class Discussion Activity
• The importer applied for a credit for the full CFR value of the goods.
This credit contained as term of payment:
• 40% of the value payable at sight against presentation of compliant
documents
• 60% to be settled by draft at 90 day’s sight on credit applicant without
responsibility or engagement on our part ( meaning the issuing bank)
• Compliant documents were prepared by the exporter and presented to
the bank and the 40% payment was effected.
• The 90 days’ sight draft for the remaining 60% was duly accepted by
the credit applicant.
• At maturity, it remained unpaid and the issuing bank took refuge in
the wording. “ without responsibility or engagement on our part”.
• The beneficiary is in the opinion that a bank issuing a credit for the
full value of the goods should accept responsibility for the beneficiary
also to be paid in full.
Questions
• What do you think about this kind of credit?
• What is wrong with the terms of payment in the
credit?
• Do you think the beneficiary has made his
objection on time?