INTERNATIONAL PAYMENT INSTRUMENTS

Transcription

1 INTERNATIONAL PAYMENT INSTRUMENTS Dr Nguyen Minh Duc THE INTERNATIONAL CHAMBER OF COMMERCE THE ICC AT A GLANCE represent the word business community at nationa and internationa eves promotes word trade and investment based on free and fair competition harmonises trade practices and formuates terminoogy and guideines for importers and exporters provides a growing range of practica services to business. Dr Nguyen Minh Duc RISKS q a activities impy risks q the succeed becomes when the activities are managed propery, taking the proper measures to avoid them (risks) as much as possibe. Dr Nguyen Minh Duc

2 PAYMENT INSTRUMENTS ADVANCE PAYMENT DIRECT PAYMENT THE COLLECTION THE LETTER OF CREDIT Dr Nguyen Minh Duc THE ADVANCE PAYMENT CHARACTERISTICS made at the confirmation of the order or signature of the int. saes contract (in advance). the risk is taked by the importer / purchaser non requirement of any shipping document or shipment proof. made by wire transfer or int. bank check wire transfers are irrevocabe uness beneficiary authorisation to revert funds checks wi be void according the issuing country and the pace of the account hoder. Dr Nguyen Minh Duc DIRECT PAYMENT CHARACTERISTICS made at the presentation of some commercia invoice or shipment document. the risk is taked by the importer / purchaser. made by wire transfer or int. bank check. wire transfers are irrevocabe checks wi be void according the issuing country and the pace of the account hoder. Dr Nguyen Minh Duc

3 THE COLLECTION CHARACTERISTICS the coections are governed by the uniform rues for coections of the ICC (URC522) pubished in 1995, the first pubication of the rues for coection were on 1956 and revised in 1967 and 1978 the participation of banks is required (not aways). coud be a financia coection or a documentary coection. the risk is taked by seer / exporter. Dr Nguyen Minh Duc THE COLLECTION cont. DEFINITION- coection means the handing by banks of documents in accordance with intructions received, in order to: obtain payment and/or acceptance or, deiver documents against payment and/or against acceptance, or deiver documents on other terms and conditions Dr Nguyen Minh Duc THE COLLECTION cont DOCUMENTS.- incude financia documents and/or commercia documents. Dr Nguyen Minh Duc

4 Financia documents bis of exchange, promisory notes, cheques (checks) simiar instruments used for obtaining the payment of money. Dr Nguyen Minh Duc Commercia documents Invoices Transport docs (eg bi of ading) Documents of tite Consuar invoice Purchased from the consuar and prepared in oca anguage Certificate of origin Issued by oca Chamber of Commerce Inspection certificate Frequenty required for grain, food, ive animas other simiar documents, or any other document whatsoever, not being financia documents. Dr Nguyen Minh Duc CLEAN COLLECTION DEFINITION- cean coection means coection of financia documents not accompanied by commercia documents. documentary coection: coection of financia documents accompanied by commercia documents, or commercia documents not accompanied by financia documents. Dr Nguyen Minh Duc

5 THE COLLECTION - PARTIES the principa/drawer who is entrusting the handing of a coection to a bank. the remitting bank which is the bank to which the principa has entrusted the handing of a coection. the coecting bank which is any bank, other than the remitting bank, invoved in processing the coection the drawee is the one to whom presentation is to be made in accordance with the coection instruction. Dr Nguyen Minh Duc THE COLLECTION - INSTRUCTIONS a documents sent for coection must be accompanied by a coection instruction and giving compete and precise instructions. banks wi not examine documents in order to obtain instructions. banks wi ony act according instructions from whom they received the coection. INSTRUCTIONS IN THE REMITTANCE LETTER: fu detais of the remiting bank (swift, teex, phone, address, contact, etc). fu detais of the principa (same as above). fu detais of the drawee/importer (te, fax, address, etc). fu detais of the presenting bank (if any). amounts and currency to be coected. Dr Nguyen Minh Duc THE COLLECTION INSTRUCTIONS cont. ist of documents encosed and the numerica count of each document. TERMS AND CONDITIONS: deivery of documents against: payment and/or acceptance other terms and conditions. charges to be coected indicating wheter they may be waived or not. interests to be coected (rate, period and basis cacuation). method of payment and form of payment advice. instructions in case of non payment, non acceptance and non compiance with other instructions. Dr Nguyen Minh Duc

6 THE COLLECTION PRESENTATION DEFINITION: the procedure whereby the presenting bank makes the documents avaiabe to the drawee as instructed shoud state the exact period of time within which any action is to be taken by the drawee genera expressions shoud not be used documents must be presented to the drawee in the same form in which they are received. in the abscence of instructions reated to the utiization of a specific presenting bank, banks wi utiise any bank of its own the coection instructions may be sent directy by the remitting bank to the coecting bank or through another bank as intermediary if the remitting bank does not nominate a specific presenting bank, the coecting bank may utiise a presenting bank of its choice Dr Nguyen Minh Duc THE COLLECTION (URC 522) SIGHT/ACCEPTANCE PRESENTING BANK: SIGHT: PRESENTATION FOR PAYMENT WITHOUT DELAY ACCEPTANCE: PRESENTATION FOR ACCEPTANCE WITHOUT DELAY AND FOR PAYMENT NOT LATER THAN THE MATURITY DATE. Dr Nguyen Minh Duc THE COLLECTION (URC 522) RELEASE OF DOCUMENTS documents against acceptance (D/A) vs. documents against payment (D/P). coections shoud not contain bis of exchange payabe at a future date with instructions that documents are to be deivered against payment (exeption) Dr Nguyen Minh Duc

7 THE COLLECTION DOCUMENTS VS. GOODS/SERVICES/PERFORMANCES DRAWER SHOULD NOT: dispatch goods directy to the address of a bank or consigned to the order of a bank prior the agreement of that bank. if its the case banks who has not agreed to receive the goods or documents endorsed, such bank sha have no obigation to take deivery of the goods, which remain at the risk and responsibiity of the party despatching the goods. BANKS DO NOT: have any obigation to take any action in respect of the goods to which a documentary coection reates. Dr Nguyen Minh Duc THE COLLECTION - DISCLAIMERS FOR ACTS OF AN INSTRUCTED PARTY (ART.11) PRINCIPALS ACCOUNT (DRAWER) DOCUMENTS RECEIVED (ART.12) BANKS SHALL ADVICE OF ANY MISSING DOCUMENT REMITTING LOST THE RIGHT TO CLAIM ABOUT THE TYPE AND NUMBER OF DOCUMENTS, IF ANY NOT APPEAR TO BE LISTED. DOCUMENTS PRESENTED WITHOUT FURTHER EXAMINATION. ON EFFECTIVENESS OF DOCUMENTS NOT RESPONSIBLE. ON DELAYS, LOSS IN TRANSIT AND TRANSLATION BANKS, NO LIABILITY FORCE MAJEURE (ACTS OF GOD, WARS, ETC.) BANKS, NOT LIABILITY Dr Nguyen Minh Duc THE COLLECTION (URC.522) PAYMENT PAYMENT SHALL BE EFECTED BY COLLECTING BANK: without deay (ess charges) ony in favour of the remitting bank. LOCAL CURRENCY: sha be acceptabe ony if such payment is immediatey avaiabe for disposa in the manner specified in the coection instruction. FOREIGN CURRENCY: acceptabe ony if such foreign currency can immediatey be remitted in accordance with the instructions given in the coection instruction. Dr Nguyen Minh Duc

8 THE COLLECTION PARTIAL PAYMENTS CLEAN COLLECTIONS: ony accepted if the aw in force in the pace of payment authorise such partia payments, financia documents wi be reeased ony after fu payment has been received. DOCUMENTARY COLLECTIONS: ony accepted if specificay authorised in the coection instruction, uness otherwise instructed documents wi be reeased ony after fu payment has been received. IN ANY CASE PARTIAL PAYMENTS WILL ONLY BE ACCEPTED IF SUCH PAYMENT IS IMMEDIATELY AVAILABLE FOR DISPOSAL BY REMITTING BANK Dr Nguyen Minh Duc THE COLLECTION - INTERESTS, CHARGES AND EXPENSES INTERESTS uness otherwise stated coud be waived by drawee, if not, coecting bank sha not deiver documents. the instruction must specify the rate of interest, period and basis of cacuation. CHARGES AND EXPENSES: if coection charges and expenses are so waived they wi be for account of the party from whom the coection was received, and may be deducted from the proceeds. coecting banks has the right to demand in advance a the expenses/charges from remitting bank and reserves the right to reject the coection instructions if these charges are not paid after the first requirment. Dr Nguyen Minh Duc THE COLLECTION - ACCEPTANCE the presenting bank sha see if the form of acceptance is compete and correct, but it is not responsibe for the genuineness of any signature or for the authority of any signatory to sign the acceptance. the same sha appy to the promisory notes, receipt or other instruments. Dr Nguyen Minh Duc

9 THE COLLECTION - PROTEST THE COLLECTION INSTRUCTION SHOULD GIVE: specific instructions regarding protest or any other ega process in the even of non payment or acceptance. charges and expenses incurred in the protest or other ega process are for account of whom the coection instruction was received. Dr Nguyen Minh Duc THE COLLECTION OTHER REGULATIONS any representative of the principa sha be ceary named and indicated in the coection instruction and the powers of such in case of need. ADVICES: form of advice: a advices from the coecting bank must bear appropriate detais as stated in the coection instruction. method of advice: the remitting bank sha instruct the coecting bank about the methods to be used at the moment of the advices. (payment, acceptance, non payment and/or non acceptance Dr Nguyen Minh Duc RECOMMENDATIONS BEFORE OPERATE THROUGH COLLECTIONS OBTAIN A FINANCIAL REPORT OF YOUR CUSTOMER. OBTAIN A POLITIC AND ECONOMIC ANALYSIS ABOUT THE IMPORT COUNTRY. OBTAIN A LEGAL REPORT REGARDING THE LAWS THAT REGULATES THE USE OF DRAFTS IN THE COUNTRY. DO NOT CONSIGN THE GOODS TO THE DRAWEE (IF POSSIBLE). DO NOT SEND ORIGINALS DIRECTLY TO DRAWEE IF GOODS ARE CONSIGNED TO HIM. DO NOT CONSIGN THE GOODS TO THE DRAWEE S BANK WITHOUT THE AGREEMENT OF SUCH BANK. STABLISH ALTERNATIVES OF RESALE, RESHIP OR WAREHOUSING OF GOODS IF SOMETHING GOES WRONG WITH THE PAYMENT. Dr Nguyen Minh Duc

10 ADVANTAGES OF USING THE COLLECTIONS METHOD coections are not much compicated and not to expensive. documents are not deivered without the payment or acceptance of the draft. coections coud be used to finance the activities of the company. if drafts are used, there are more chances to coect with a ega process. Dr Nguyen Minh Duc DISADVANTAGES USING THE COLLECTIONS METHOD the shipment is made without any inconditiona payment agreement. the inmediate payment is not ensured. immobiize of money whie the payment is not received. aws in every country are different regarding the use of drafts Dr Nguyen Minh Duc Documentary Coection Dr Nguyen Minh Duc

11 Documentary Coection The importer (buyer) and exporter (seer) agree on the terms of the sae, shipping dates, etc and that payment wi be made on a documentary coection basis. Goods are ordered The exporter, through a freight-forwarder, deivers the goods to the point of departure. The freight-forwarder prepares the necessary documentation based on instructions received from the exporter. These documents represent tite to the goods, incuding the bi of ading Export documents of tite and instructions are deivered to the remitting bank (exporter s bank in exporter s country) Foowing the instructions of the exporter, the remitting bank processes the documents and forwards them to the coecting bank (bank in the importer s country) with a cover etter detaiing the deivery/payment instructions The coecting bank, on receipt of documents, contacts the importer and requests payments or acceptance of the trade draft After payment or acceptance of the draft, documents are reeased to the importer by the coecting bank The coecting bank remits funds to the remitting bank or advises that the draft has been accepted The importer presents the documents to customs to obtain reease of the goods On receipt of good funds, the remitting bank credits the exporter s account Dr Nguyen Minh Duc Letter of Credit Dr Nguyen Minh Duc Letter of Credit An order is sent to the exporter. It is agreed that payment wi be by etter of credit (L/C) Importer sends L/C appication to his bank, the issuing bank Issuing bank (after doing a credit check to determine if importer is creditworthy) opens L/C and requests that a bank in exporter s country (caed the advising bank) advise the exporter of the L/C Advising bank advises exporter of L/C in the exporter s favour The exporter deivers the goods to the point of departure. The freight-forwarder prepares the necessary documentation. These documents represent tite to the goods, incuding the bi of ading Export documents of tite (invoices, bi of ading, insurance certificate etc.) are sent by the exporter to the advising bank. If the exporter has agreed a credit period with the importer then a time draft is attached to the documents. If no credit period is agreed, this document is a sight draft, i.e. a draft payabe immediatey Advising bank sends documents to the issuing bank Either the importer pays immediatey and is given the documents of tite by the issuing bank ( documents against payment ) or if there is a credit period invoved, the issuing bank accepts the draft for payment at maturity Importer obtains documents of tite Importer presents the documents to customs to obtain reease of the goods Issuing bank sends payment to the negotiating bank (usuay the same bank as the advising bank) that is authorised to make payment to the exporter on behaf of the issuing bank. Dr Nguyen Minh Duc

12 Transfer money via the Internet Invove two major expenses: 1. a merchant credit card account enabes you to accept credit cards for payment 2. a payment gateway. connects the transaction on your website in rea time with your bank's credit card processor. A this takes pace via secure Internet pipeines so that your customer's credit card information is not compromised Dr Nguyen Minh Duc Merchant Credit Card Account Merchant Credit Card Account enabes the merchant to accept credit cards from shoppers for payment. The Merchant's Bank, sometimes caed the Acquiring Bank, opens a Merchant Credit Card Account for the merchant, aowing deposits based on credit card transactions. Independent Saes Organizations (ISOs) that "se" Merchant Accounts pace you with a Merchant Bank -- for a fee. The bank's own fees are typicay much ower. The Merchant Bank then contracts with a Credit Card Processor to processes credit card saes, debiting credit cards and depositing money in merchant's accounts when a transaction "cears" or is competed. You don't seect this, your bank does. Dr Nguyen Minh Duc Payment Gateway System A payment gateway connects the merchant's order form to the customer's credit card processor or bank so that the transaction can be automaticay authorized in rea-time in just a few seconds. Whereas in Russia, China, and some other countries, 75% or more of the products ordered via the Internet are paid for by COD (Cash On Deivery) Many countries have a sophisticated means of payment via credit card or bank debit systems. Dr Nguyen Minh Duc

13 How payment gateway works? (US) 1. Customer fis out credit card information on the website order page and cicks on the "submit" button. 2. Credit card and saes info are transmitted from the merchant to the payment gateway provider via secure Internet connection. 3. (optiona ) Credit card and saes info are transmitted to a fraud detection system via high-speed eased secure and teephone ines. 4. (optiona) The fraud detection system checks massive databases to see if the card and sae match ikey patterns of credit card fraud to determine if the risk is ess than a pre-determined risk point tota set by the merchant. 5. (optiona) A positive or negative response is transmitted from the fraud detection system to the gateway provider via high-speed eased secure and teephone ines. Assuming the response is positive... Dr Nguyen Minh Duc How payment gateway works? (US) 6. Credit card and saes info are transmitted from the payment gateway provider to the bank's processor via high-speed secure and teephone ines. 7. The bank's processor checks a ist to see that the credit card account is not overdrafted or reported stoen and that the numbers in the address and ZIP code match the biing address on the customer's credit card (AVS or Address Verification Service). If the transaction passes these checks, the saes amount is deducted from the remaining credit baance avaiabe for the customer's account. 8. A transaction authorization number (or a negative response, if it doesn't pass) is transmitted from the bank's processor to payment gateway provider via high-speed secure and teephone ines. 9. A transaction authorization number (or a negative response) is transmitted from the payment gateway provider to the merchant's website ordering system via secure Internet connection. Dr Nguyen Minh Duc How payment gateway works? (US) 10. The merchant's website ordering system reports to the customer's web browser either the success of the order or that the authorization faied. 11. The merchant notifies the payment gateway provider that the ordered item has been shipped and to mark the transaction as to be "setted." (For digitay deivered products, transactions are automaticay setted each night.) 12. The payment gateway provider "settes" the transaction overnight with the bank's processor. 13. The bank's processor transfers the money from the customer's credit card account into the merchant credit card account, and the money is now avaiabe to the merchant. Dr Nguyen Minh Duc

14 Internationa Payment Transfer When credit cards are used to make a purchase in another country, the amount is converted automaticay by the credit card company to foreign currency,and -- incuding a sma conversion fee -- debited from the buyer s credit card account. However, peope in many countries don't commony use or even own credit cards. They are beginning to deveop other payment transfer systems: In Germany, they give checking account info to merchants that directy debit their bank accounts. Thus, e-commerce in Germany uses a debit system. In China,most e-commerce transactions take pace by COD, though payment gateways now aow merchants to accept direct debits from mutipe banks at which their customers do business. In Russia COD is the primary mode of e-commerce, but a form of prepaid e-cash waets is being accepted in more shops Dr Nguyen Minh Duc Types of Payment Gateway System Prepaid E-Cash Waets These programs require funding a waet or virtua account with money via check, credit card, or funds transfer from a bank. To succeed, such a system must be adopted by both consumers (who insta a waet on their PC or become "members" using a web interface) and merchants (who are wiing to take payments via e-cash). Without a critica mass of both consumers and merchants, a waet system can't succeed. Service Bureaus Service Bureau These companies hande the entire money transaction process for merchants -- for a fee. The merchant receives the order to ship, and receives funds severa weeks after the order. No merchant account required!, eg. CCNows Form hosted on the gateway s site. Order system & API hosted on the merchant s site These companies deveop payment gateway software & systems used by acquiring banks, arge companies, and financia institutions to offer payment gateways to their cients, eg. Dr Nguyen Minh Duc How to shop for an E-Commerce Payment Gateway Never shop for a payment gateway first. Here's the preferred decision order: 1. Shopping Cart. Find the store-buiding program that meets your company's needs. It can be expensive to change to another system if wrong choice at the beginning. 2. Payment Gateway. Determine which payment gateway systems (if any) are supported by the shopping cart you have seected. Now find a compatibe Gateway that fits your budget and is avaiabe in your country. 3. Web Hosting Service. Find a web hosting service that supports both your seected Shopping Cart and payment gateway. 4. Merchant Credit Card Account. Dr Nguyen Minh Duc