Seminar Import/ Export Trade/ Transportation

Transcription

1 Seminar Import/ Export Trade/ Transportation Speaker: Richard Tang of Universal Bridge Cargo

2 Introduction Import/ Export in Canada Sales Process/ Documentation requirements Incoterms 1990 Payment Methods Payment: Documentary Collections and Letter of Credit Insurance and Claim The role of the Carrier/ Freight Forwarder/ Customs Broker& Sufferance Warehouse including logistic

3 Player in the field Depending on the size of the organization, there may be several departments within the exporter s own shop to handle various processes Marketing (Selling Process) Traffic (Shipping/ Documentation) Finance (Payment Process)

4 The Seller Must A1 Provision of goods in conformity within the contract A2 Licenses, authorizations and formalities A3 Contract of carriage & insurance A4 Delivery A5 Transfer of risks A6 Division of costs A7 Notice to the buyer A8 Proof of delivery, transport document or equivalent electronic message A9 Checking /packaging/ marking A10 Other obligations The Buyer Must B1 Payment of the price B2 Licenses, authorizations, and formalities B3 Contracts of carriage B4 Taking delivery B5 Transfer of risks B6 Division of costs B7 Notice to the seller B8 Proof of delivery, transport document or equivalent electronic message B9 Inspection of goods B10 Other obligations To facilitate the interpretation of the 13 trade terms, the ICC has grouped them into 4 distinctive categories. The first letter of each indicates the group to which the term belongs.

5 Role of Documents Document - Contracts - Purchase order - Pro-forms Invoice - Sales Contract - Shipping and Insurance Documents - Bills of lading - Inspection Certificate - Marine Insurance Certificate - Health/ Analysis Certificate - Weight & Packing List - Certificate of Origin - Letters of Credits - Documentary Collections -Export Declaration Form B13 - Canada Customs Invoice CCI - Canada Customs Coding Form B3 -Many forms are necessary depending on the product and the country of destination Reason To avoid misunderstandings To ensure trust between buyer and seller To obtain payment and finance To fulfill Canadian government requirements Statistics (Balance of trade) Assessment/ Collection of duty taxes and fees Import/ Export Control

6 1. Purchase order

7 2. Pro-forma Invoices

8 3. Sales Contracts

9 INCOTERMS 1990 Ocean FAS FOB CFR CIF DES DEQ Multimodal EXW FCA CPT CIP DAF DDU DDP Groups E, F, and C terms details the terms of shipment while group D sets out the terms of arrival

10 INCOTERMS 1990 FCA CUSTOMS CUSTOMS EXW FCA FCA FAS FOB CIF/CFR (RISK) DES DEQ CIF/CFR (COST) DEQ DDP (DP) DDU CPT/CIP (RISK) DAF CPT/CIP (HOST) In the past, some of the ocean terms, specially FOB, CFR, and CIF were used incorrectly to denote a certain mode of transportation. In contrast, Incoterms 1990 clearly indicates which terms should be used exclusively for sea and inland waterway and which terms should be used for Multimodal transport. All ocean terms make specific reference to ship, ship s rail, port of departure, port of destination or even a quay. Since the transfer of risks and/or costs are based on those critical ports, it is understood why these should be used only when sending shipment by ocean (sea or inland waterway). Multimodal terms can be used by and mode of transportation including ocean. While the ocean terms FAS, FOB, CFR, and CIF are appropriate when the goods must cross the ship s rail, FCA, CPT, and CIP should be used when the goods are delivered to the carrier at any point other than the ship s side.

11 Grouping of the Terms Group E Departure Group F Main carriage unpaid EXW Ex Works FCA Free carrier FAS Free Alongside Ship FOB Free on Board S S delivers c/r B c/r contracts &pays B Group C Main carriage paid CFR Cost and Freight CIF Cost, Insurance and Freight CPT Carriage Paid to CIP Carriage and Insurance paid to S delivers &contracts r pays transportation B c Group D Arrival DAF Delivered At Frontier DES Delivered Ex Ship DEQ Delivered Ex Quay DDU Delivered Duty Unpaid DDP Delivered Duty Paid S delivers B c/r c = cost, r = risk, s = seller, b = buyer

12 Shipment Contracts INCOTERMS Shipment Contracts Multimodal Land Air Ocean Named Port RISK COST RISK COST RISK COST RISK COST RISK COST RISK COST FCA CPT CIP FCA FCA FOB CFR CIF The shipment contracts sets out seller s responsibility to deliver the cargo in good condition into the custody of the named carrier. Under the F terms (FCA, FAS and FOB) the transfer of costs and risks takes place simultaneously when the seller delivers the shipment to the carrier and obtains in exchange a clean receipt. Under the C terms (CFR, CIF, CPT, and CIP), the risks of loss or damage to the goods will pass from the seller to the buyer at the point of delivery

13 Arrival Contract INCOTERMS 1990 Arrival Contracts U.S.A MEXICO DAF RISK COST DES RISK COST DEQ RISK COST DDU DDP RISK COST The arrival contract commits the seller to be responsible for the goods in transit until they reach the named point of destination.

14 Ocean vs. Multimodal terms INCOTERMS 1990 Ocean vs. Multimodal terms Ocean FOB RISK COST CFR CIF RISK COST Multimodal FCA RISK COST FCA RISK COST The above chart compare the critical points (i.e. points at which the transfer of cost & risk takes place) under both ocean and multimodal terms.

15 Liner vs. FIO Terms INCOTERMS Liner vs. FIO Terms Loading Unloading Liner Buyer Buyer FOB CIF FIO Seller Buyer Liner Buyer Buyer FIO Seller Negotiable Liner FIO Stevedoring charges always Cost of loading/ unloading FIO: Free in-out The ocean terms FOB, CFR and CIF Cam be modified by adding liner terms of FIO clause. Depending upon which one is used, either the buyer of the seller had to pay the cost of loading and/or unloading.

16 EXW - Ex Works INCOTERMS EX Works ( named place) EXW CUSTOMS CUSTOMS Seller s cost > Buyer s cost Seller s risk > Buyer s risk Seller s primary duties 1- To make the goods available at his or her premises Buyer s primary duties 1- To take delivery of the goods as soon as they have been placed at his disposal 2- To bear all costs and risks required to bring the goods to final destination

17 FCA - Free Carrier INCOTERMS Free Carrier.. (named point) FCA CUSTOMS CUSTOMS Seller s cost > Negotiable * > Seller s risk > Negotiable* > Seller s primary duties Buyer s cost Buyer s risk 1- Deliver the goods into the custody of the carrier named by the buyer 2- Provide export license, pay export taxes/fees if required 3- Provide evidence of delivery of the goods to the carrier Buyer s primary duties 1- Nominate carrier 2- Contract for the carriage and pay the freight (*) Transfer of cost & risk will depend on the named point

18 FAS - Free alongside ship INCOTERMS FAS (Free alongside ship, named port of shipment) FAS Export customs CUSTOMS Seller s cost > Seller s risk > Buyer s cost Buyer s risk Seller s primary duties 1- Deliver the goods alongside ship 2- Provide an alongside receipt Buyer s primary duties 1- Nominate carrier 2- Contract for the carriage and pay the freight 3- Obtain export license, pay export taxes if required

19 FOB - Free on board INCOTERMS FOB (Free on board) FOB CUSTOMS CUSTOMS Seller s cost > Seller s cost > Buyer s cost Buyer s cost Seller s primary duties 1- Deliver the goods on board 2- provide export license, pay taxes/fees if required 3- Provide a clean non board receipt 4- Pay loading, if not included in the freight Buyer s primary duties 1- Nominate carrier 2- Contract for the carriage and pay the freight

20 CIF - Cost, Insurance & Freight INCOTERMS - CIF (Cost, Insurance & Freight) CIF CUSTOMS CUSTOMS Seller s risk > Seller s cost > Buyer s risk Buyer s cost Seller s primary duties 1- Contract for carriage, pay for loading, freight, export taxes/fees and unloading if included in freight 2- Provide buyer with invoice and B/L 3- Insure goods and pay premium Buyer s primary duties 1- Accept goods, invoice and B/L 2- Pay unloading costs if not included in the freight 3- Accept insurance when tendered

21 CFR- Cost & Freight Incoterms- CFR (Cost & Freight) CFR CUSTOMS CUSTOMS Seller s risk > Seller s cost > Buyer s risk Buyer s cost Seller s primary duties 1 - Contract for carriage, pay for loading, freight, export taxes/fees and unloading if included in freight 2 - Provide buyer with invoice and B/L Buyer s Primary duties 1- Accept goods, invoice and B/L 2- Pay unloading costs, if not included in the freight

22 CPT - Carriage paid to INCOTERMS - Carriage paid to ( names place of CPT destination) CUSTOMS CUSTOMS Seller s risk > Negotiable > Buyer s risk Seller s cost > Buyer s cost Seller s primary duties 1- Contract for carriage and pay freight to destination 2- Deliver goods into custody of first carrier 3- Obtain export license, pay export taxes/fees if required 4- Give buyer invoice and the usual transport documents Buyer s primary duties 1- Accept deliver of goods when they are delivered to first carrier and when the invoice and transport documents are tendered to him

23 CIP - Carriage Insurance Paid to (Port) INCOTERMS Carriage/insurance paid to CIP CUSTOMS CUSTOMS Seller s risk > Negotiable > Buyer s risk Seller s primary duties Seller s cost > Buyer s cost 1- Contract for carriage, pay freight to destination 2- Deliver goods to first carrier 3- Obtain insurance and may premiums 4- Obtain export license, pay export tax/fee if required 5- Give buyer invoice and transport documents Buyer s primary duties 1- Accept delivery of goods when delivered to first carrier 2- Accept invoices, insurance and transport documents

24 DAF - Delivered at frontier ( named place) INCOTERMS Delivered at frontier DAF U.S.A Laredo MEXICO Seller s cost > Seller s risk > Buyer s cost Buyer s risk Seller s primary duties 1- Deliver goods cleared for export to named frontier 2- Provide document to enable the buyer to take delivery Buyer s primary duties 1- Takes delivery of goods at frontier 2- Pay for on- carriage and import duties/taxes if required

25 DES - Delivered Ex Ship INCOTERMS Delivered Ex Quay (Duty Paid) DEQ CUSTOMS CUSTOMS Seller s cost > Seller s risk > Buyer s cost Buyer s risk Seller s primary duties 1- Deliver goods on the quay at the port of destination 2- Pay unloading costs, duties if required and provide B/L 3- Provide import clearance Buyer s primary duties 1- Take delivery of the goods from the quay at the port of destination

26 DEQ - Delivered Ex Quay INCOTERMS Delivered Ex Quay (Duty Paid) DEQ CUSTOMS CUSTOMS Seller s cost > Buyer s cost Seller s risk > Buyer s risk Seller s primary duties 1- Deliver goods on quay at the port of destination 2- Pay unloading costs, duties if required and provide B/L 3- Provide import clearance Buyer s primary duties 1- Take delivery of the goods from the quay at the port of destination

27 DDU - Delivered Duty Paid INCOTERMS Delivered Duty Unpaid DDU CUSTOMS CUSTOMS Seller s cost > Buyer s cost Seller s risk > Buyer s risk Seller s primary duties 1- Delivered the goods to the named place of destination 2- Provide buyer with all shipping documents Buyer s primary duties 1- Take delivery of the goods at the named place of destination 2- Pay import duties/taxes if required

28 DDP - Delivered Duty Paid INCOTERMS- Delivered Ex Ship DDP CUSTOMS CUSTOMS Seller s cost > Seller s risk > Buyer s cost Buyer s risk Seller s primary duties 1- Deliver the goods to the named place of destination 2- Pay import duties/taxes if required 3- Provide buyer with all shipping documents Buyer s primary duties 1- Take delivery of the goods at the named place of destination

29 Methods of Payment Open Account Flow chart Exporter Importer 1- Sales contract 2- Shipment 3- Documents 4- Payment

30 Methods of Payment Pre-payment Flowchart Exporter Importer 1- Sales Contract 2- Payment 3- Shipment 4- Documents

31 Methods of Payment Open Account Prepayment E 1- Shipment 1- Payment Contract of I TRUST E 2- Payment 2- Shipment I Documentary Collections E Documentary Credit 1- Shipment I E 1- Shipment Contract for DOCUMENTS 2- Docs 2- Docs B B B B 3- Payment 3- Payment E Exporter I Importer B - Bank Methods of Payment Influencing factors A- Degree of confidence between seller and buyer B- Respective bargaining powers and financial standing of the parties C- Magnitude and duration of the transaction itself D- Political, economical and financial standing of both the seller s and buyer s countries E- Foreign exchange control in buyer s country I

32 Parties to a collection Exporter Drawer Principal Remitter Seller Importer Drawee Accepter Buyer Remitting bank (usually seller s bank Presenting bank (usually buyer s bank Foreign Documentary Collections Routing of Documents/Payments Exporter Importer Bank Branch Bank s head office Int l Service Center Bank Branch Bank s head office Int l Service Center Documentary Collections Documentary Credits Documentary Collections Documentary Credits Imp Exp Imp Exp Imp Exp Imp Exp Documents Payments

33 Documentary Collections Flow chart Exporter Importer Canadian Export Inc. 1- Contract Scrimson Sales 2- Shipment of goods 8- Payment 3- Collection order 5- Collection 6- Payment 4- Remittance of collection order Bank of Montreal 7- Payment Barclays Bank Canadian Export Inc. Documentary Credit Flow chart 1- Goods Scrimson Sales 7- Payment 4- Documents 5- Payment 2- Documents 3- Documents Bank of Montreal Barclays Bank

34 Accelerated Documentary Collection System Exporter (direct Collection System) Importer Canadian Export Inc. Scrimson Sales 1- Contract 2- Shipment 7- Payment or advice of acceptance 3- Collection order 4- Collection 5- Payment/ acceptance Bank of Montreal 6- Payment or acceptance Barclays bank

35 Documentary Collection Points to observe Seller 1- Credit standing and trustworthiness of the buyer 2- Previous business experience with the buyer s country 3- Political, economical and legal situation in the importing country 4- Exchange control and import restrictions in the importing country 5- The possibility of retrieving the goods or of finding a new customer in the event of the non-acceptance or non-payment. If so, at what cost? Documentary Collection Points to observe Buyer 1- The drawee is entitled to examine the document at the collecting bank prior to making payment 2- Prior inspection or examination of the goods is not permissible without special authorization from the principle Foreign Documentary Collection Bank s liabilities and responsibilities -Act in good faith and exercise reasonable care - Control and ensure the safety of documents - Follow exactly the safety of documents - Act promptly in executing instructions - Verify that the documents received appear to be as listed- Banks have no further obligation to examine the documents

36 Transfer of risk, Cost and Ownership Payment Terms : collection at sight through Barclay s Bank Terms of Sale : CIF Liverpool BANK RISK COST OWNERSHIP Transfer of risk, Cost and Ownership Terms of Payment: Irrevocable L/C 30 Days Date Terms of Sale : FCA Toronto Airport Cost and Risk Toronto Airport Exporter Issuing Bank Ownership

37 Transfer of Risk, Cost and Ownership Payment Terms : confirmed irrevocable L/C at sight Terms of Sale : CIF Liverpool BANK OWNERSIHP RISK COST Transfer of Risk, Cost and Ownership Payment Terms : Irrevocable L/C at sight Terms of Sale : CIF New York Buyer Issuing Bank Cost Exporter Risk 1 st Carrier Ownership NEWYORK

38 Documentary Credit - A Documentary Credit is a letter of advice *Issued by a Bank at the request of his customer -The addressee of this letter can obtain a sum of money, provided he complies to the letter with the terms and conditions of the credit Parties to a Letter of Credit Exporter BENEFICIARY 1- Contract Importer APPLICANT 4- Advice 2- Application Correspondent Bank ADVISING BANK 3- Credit Buyer s Bank Issuing Bank

39 Exporter Canadian Export Inc. Letter of Credit Summary of procedures 1- Sales Contract 5- Shipment Importer Scrimson Sales 7- Exporter paid 4- Credit advised/confirmed 2- Credit application 10- Document released 6- Documents presented Bank of Montreal 3- Request to advise/confirm 8- Documents mailed 9- Bank of Montreal paid 11- Issuing Bank paid Barclays Bank How to Issue a Letter of Credit Exporter Importer Bank Branch Ban s head office Int l Service Center Ban s head office Int l Service Center Documentary Collections Documentary Collections Documentary Collections Documentary Collections Imp Exp Imp Exp Imp Exp Imp Exp

40 Arrangements between bank International Center Local Bank Issuing Bank -authorized signature -Test key - SWIFT (Society for worldwide Interbank Financial Telecommunication) Foreign Bank Advising Bank Local Bank Branch Correspondent * * May or may not carry an account/line of credit in the other bank s currency

41 Steps to follow when issuing an L/C Purpose of application (buyer to issuing bank) -to ensure that applicant promise to repay the issuing bank - to set down detailed instructions that must be followed Types of Documentary Credits Revocable unconfirmed Irrevocable confirmed

42 Items an L/C must contain A. Full name & address of the beneficiary B. Amount and currency C. Type of Credit: revocable, irrevocable, irrevocable confirm D. Credit available by: payment (sight draft), acceptance (term draft), negotiable (draft at sight or tenor) E. Party on whom drafts, if any, are to be drawn and the tenor of such drafts F. Complete description of goods G. Freight prepaid or collect H. Details of the documents required (i.e. if legalized, if certificate of origin certified by the C. of C. etc.) I. Transshipment allowed or not J. Partial shipments allowed or not K. Latest shipment date L. Period of the time after the date of issue of the transport document, during which presentation of documents must (if not stipulated, the beneficiary has 21 days after issuance of the transport document, but no later that the expiry date.) M. Date and place of the expiry of the credit N. Whether the credit is transferable O. How the credit is to be advised (mail, cable, etc.)

43 Beneficiary/Toronto Exporters Inc. Letter of Credit Format Applicant Nippon Importers Ltd. OR Advice of Credit Advising Bank XYZ Bank OR Documentary Credit Issuing Bank ABC Bank Expiry Date and Presentation of Documents Beneficiary Applicant 2 Latest shipment date Bills of lading dated not later than 3 - Specific Number of days given for presentation of documents Documents must be presented for negotiation not later than days after Bill of Lading date. Advising Bank 4 Expiry date Expiry date in the beneficiary s country for negotiation Issuing Bank 5 Date of issuance All documents must show this L/C No. and date

44 Discrepancies most frequently found in the Commercial invoice -merchandise description not exactly as indicated in the L/C - terms of delivery - quantity of goods - total amount of money - unit price / currency - breakdown of charges - signatures / legalization - number of copies - used / second hand / rebuilt - other instructions

45 Export Documentary Credit in SWIFT Format

46 Section 17(1) Bills of Exchange Act

47 Selected Bank Terms - Bank acceptance -Trade acceptance - Acceptor -Avail - Bill discounted - Days of grace - Dishonour - Past due bill - Protest - Stamp duty - Presentation for *Acceptance *Payment - Bill of exchange *Demand *Sight *Term *1 st /2 nd of exchange - Draft endorsements *Blank *Qualified with recourse *Qualified w/o recourse - Case of need - Clean draft

48

49

50

51

52

53 Truck Bill of Lading

54

55

56

57

58

59