
- •1.1 The importer applies to the bank for opening the credit
- •1.2 The buyer places an order and informs the seller of the opening of the l/c
- •1.3 The seller receives the order and confirms it
- •1.4 The bank advises the seller that the credit is available (I.E. Confirms the credit)
- •1.5 The seller sends the documents to the bank
- •Documentary credit part II
- •2.1 The buyer replies to the seller’s request to prolong the time of delivery and discusses amendments to the l/c
- •2.2 The buyer advises the bank of the amendment agreed upon with the seller
- •3.1 The buyer informs the seller of discrepancies in the documents
- •3.2 The buyer advises the seller of payment and asks to comply with the requirements of the credit
- •4 The bank advises the buyer of payment
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The banks’ main functions in foreign trade are: Handling of shipping documents; Collection of payments; Observance of buyers’ conditions of purchase; Discounting bills of exchange; Loans to exporters; Acting as agents for foreign banks and their customers.
PAYMENT INSTRUMENTS IN FOREIGN TRADE The two principal instruments offered by the banks for executing and securing payments in international trade are documentary credits and documentary collections.
DOCUMENTARY CREDIT PART I Documentary credit is an undertaking made by a bank at the request of the applicant for the credit to pay a specified amount in an agreed currency to a beneficiary, on condition that the beneficiary presents stipulated documents within a prescribed time limit.
The buyer asks his bank to “issue” or open a letter of credit. The issuing bank asks its corresponding bank – usually in the seller’s country – to advise (and confirm) the credit. The advising bank informs the seller that the credit has been issued. As soon as the seller receives the credit, he checks it and if he can meet its requirements, the seller ships the goods. At the same time the seller sends the documents, which prove shipment of the goods to the bank where the credit is available. The bank checks the documents against credit. If the documents comply with the requirements of the credit, then the bank will make payment. The bank, which made payment to the seller, sends the documents to the issuing bank for reimbursement. The issuing bank after checking the documents reimburses the bank that has paid. The documents are then released to the buyer upon payment. |
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Thus the bank acts as an intermediary between the buyer and the seller. Settlement is effected through the bank by means of a direct exchange: the beneficiary presents the required documents to the bank and receives in return the amount specified in the credit (in the form of cash, an accepted bill of exchange or an undertaking to pay, depending on the terms of the credit). With a documentary credit, the beneficiary is no longer dependent on the buyer’s ability or willingness to pay. Moreover, he can obtain liquid funds shortly after dispatching the goods.
It is not essential that a letter of credit (L/C) be paid to the seller immediately upon execution of the order. If agreed between the seller and the buyer, the arrangement could be for the agent bank (the corresponding bank) to accept a bill of exchange (B/E) drawn by the seller on the agent bank. This gives the buyer credit and is, of course, absolutely safe for the seller, who can discount the bill for ready cash if he needs it.
Documentary credits go a long way towards reconciling the conflicting interests of the buyer and the seller:
The seller wants to be sure that the price of the goods will be paid in the correct currency and as soon as possible.
The buyer does not want to pay for the goods before they have actually been dispatched.
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APPLICANT
(IMPORTER) |
Specific advantages of documentary credits:
Can be used in transactions with virtually every country in the world; Rapid access to funds for the seller; Flexible terms of payment with no impairment of security; Suitable as an instrument for short-term financing; Rapid and convenient settlement, often enabling the seller to offer attractive discounts; High degree of legal security throughout the world.
Here is the scheme of the documentary credit procedure:
BENEFICIARY
(EXPORTER)
ADVISING
BANK (CONFIRMING
BANK)
ISSUING BANK
There are two types of documentary credits: revocable, i.e. those that can be cancelled, and irrevocable, i.e. those that cannot be cancelled. Irrevocable credits can be confirmed and unconfirmed.
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Exporter (Beneficiary)
Contract
of sale
Issuing
bank (importer's bank)
Importer (Applicant) |
LEGAL RELATIONS IN THE CASE OF A CONFIRMED IRREVOCABLE CREDIT WITH PAYMENT AT SIGHT
Payment under-taking
Payment
undertaking based on documentary credit
confirmation
Instruction
to open credit
Instruction
to advise the credit with the request to add confirmation
Confirming
bank
(exporter's bank)
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Example of an irrevocable letter of credit.
Barclays Bank PLC International division 23, High Street London C.W. 25 Date of expiry Date of issue…
Applicant Beneficiary Agropharm Limited Medex, Russia
Advising Bank Amount: USD 40,000.00 Moscow Narodny Bank Ltd. CIF (US dollars – forty thousand only) CIF
Ref. No. ___
Partial shipment allowed Transhipment allowed
Shipment from Russian Sea Port Not later than … to Hull
Dear Sirs,
We hereby issue in your favour this Irrevocable Documentary Credit as per details stated above, available by negotiation of your drafts at … sight drawn on the applicant for full invoice value of shipment purporting to be 20000 kg, accompanied by the following signed documents…
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STAGES IN A DOCUMENTARY CREDIT OPERATION
STAGE 1
Offer The exporter makes an offer to a prospective buyer.
Establishing the credit requirements During negotiations on the contract, the exporter and the buyer agree on the requirements of the documentary credit.
STAGE 2
Order The importer places an order with the exporter or signs a contract of sale.
Opening the credit The importer instructs his bank to issue the credit.
STAGE 3
Delivery The exporter delivers the goods.
Utilizing the credit The exporter obtains payment from the bank by presenting the documents stipulated in the credit.
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1.1 The importer applies to the bank for opening the credit
MAPLELEAF Inc. 89 KLF Montreal Canada |
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Our ref. Your ref.
3 July 20__ IMPEX Bank 24 Central Park Drive Montreal Canada
Dear Sirs
Please open an irrevocable documentary credit for 10,000.00 (ten thousand) dollars in favour of JBL Netcomps Ltd., England.
We are attaching to the letter your application form with all the relevant details completed.
Please keep us informed of the passage of the documents.
Yours faithfully D.Adair D.Adair Manager
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1.2 The buyer places an order and informs the seller of the opening of the l/c
MAPLELEAF Inc. 89 KLF Montreal Canada |
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Our ref. Your ref.
10 July 20__ JBL Netcomps Ltd. 12 a Belgrave London UK
Dear Sirs
We thank you for your letter of 30 June replying to our enquiry and enclosing your catalogue and details of your terms. We hope that the goods are still available and have decided to place the attached order with you and would be glad if you could give it your early attention.
We have instructed the Impex Bank to open a credit for 10,000.00 dollars in your favour, valid until 15 September. The credit will be confirmed by General Bank, London, who will accept your draft on them at 60 days for the amount of your invoice. Please attach the following documents to your draft:
2 bills of lading, 2 commercial invoices, Insurance policy for 11,500 dollars.
The sum of the credit is sufficient to cover c.i.f. shipment and bank commission on the draft. Despatch and marking instructions will be given by our forwarding agents in London, who will advise you of their charges. Please advise us by airmail when the goods have been despatched.
Yours faithfully D.Adair D.Adair Manager
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1.3 The seller receives the order and confirms it
JBL Netcomps Ltd. 12 a Belgrave, London, UK |
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Our ref. Your ref.
July 18th 20__ MAPLELEAF Inc. 89 KLF Montreal Canada
Dear Sirs
We are very pleased to have your order and are able to confirm that all the items required are in stock. It is a pleasure to have the opportunity of supplying you and we are quite sure you will be satisfied both with the quality of our goods and our service.
Your choice of method of payment is quite acceptable to us, and we note that this will be by irrevocable letter of credit for a sum not exceeding 10,000.00 dollars, valid till September 15th. When we receive confirmation of this credit from General Bank, London, we will make up your order and await despatch instructions from your agent.
We assure you that this order and all further orders made will have our immediate attention.
Yours faithfully G.Simpson G.Simpson Manager
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