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Payments and Export Credit Insurance
By Joseph Zaritski. Copyright © 2002 Joseph Zaritski.
Table of
Content
Introduction
Cash in Advance
Letter of Credit (L/C)
·
L/C, its forms and types
·
How L/C works
·
The Advising Bank
·
The Issuing Bank
·
Confirmation of L/C
·
Information that L/C must have
·
Documents that may be stipulated in L/C
·
Delays cause troubles
·
Freight Payment
·
Minimising the risks
·
Suggested request for L/C to be included in your pro-forma
invoice
·
Suggested Work Sheet for Checking
L/C
Documentary Collection (Draft)
·
Sight Draft
·
Time Draft
Open Account and Consignment
Export Credit Insurance
Mixed Payments
Recommended Reading
Contacts
Legal Notice
Introduction
You may negotiate excellent terms and perform an outstanding deal, but if
you haven't been paid ? you've lost. That's why setting up the right terms of
trade is a crucial part of your exports.
When
negotiating the terms of payment you always face a dilemma:
- if you insist on more secured payment
terms, you may very well reduce your sales opportunities (lower and less
frequent orders, allowing your competitors with better terms to take the
advantage),
- if you agree on more flexible payment terms, you run a high risk of the
payment being delayed or refused.
If
you appropriately select and arrange the payment terms, you can significantly minimise risks involved with payments.
There
are several terms of payments that are commonly used in International Trade.
Cash In Advance
You get your money before you ship the goods. Sometimes, even before you start fulfilling the order or after
notification that the order is ready for shipment.
If
your buyer is prepared to pay you in advance ? you are lucky ? you have the
money and you still have total control of your goods - you risk nothing at all.
However, unless you are a well-known company with established brands, buyers
will not accept these terms, at least not for a new transaction. They would
have the same doubts as you do ? will I get my goods after I have paid?
Don't
press your buyer for cash in advance, unless you know that you might experience
difficulties in selling the goods to another customer if the deal is cancelled.
If you have to manufacture non-standard equipment, or goods you are selling
need to be specifically
customized, the best way to secure the payment is to have money in your bank
account prior to commencing customisation.
Letter Of Credit (L/C)
L/C is the most used payment term in International Trade and I'll be fairly
specific on this topic. L/C is a perfect procedure to equally protect your
interests and your buyer's interests. Using L/C as a term of payment, you risk
almost nothing and at the same time it
ensures the buyer that goods are shipped before the payment has occurred.
However, you only will be paid if all terms stipulated in the L/C are met and
all documents specified in the L/C strictly comply with agreed conditions and
are presented in time.
Before
choosing L/C as a term of trade, you must understand what it is, how it works
and what you can do to minimise risks involved in the
L/C payment process.
L/C, its Forms and Types
Letters of Credit are regulated by International Chamber of Commerce under the
Uniform Customs and Practice for Documentary Credits (UCP 500). I strongly
recommend you obtain this document from the International Trade Department of
your financial institution or from ICC Australia* and read it very carefully.
Sometimes it's difficult to understand what it means, as the document is
drafted for the banking professionals and its language is very technical. Do
not hesitate to call your bank and ask questions. Any mistakes, unclear or
incorrectly stipulated terms, even typos in a L/C may cost you dearly.
In
"plain English", L/C is a conditional bank
guarantee of payment for supplied goods. "Conditional" means that to
get paid you have to present the bank-guarantor with documents, which strictly
comply with the terms and conditions specified in the L/C.
There
are different forms and types of L/C, which you may (or should not) use in your
operations, viz
Revocable and Irrevocable L/C
"A revocable L/C may be amended or cancelled by the Issuing Bank at any
moment and without prior notice to the Beneficiary." (UCP 500, Article 8,a). This is as simple, as that. Never accept this form of
L/C in your export arrangements.
Agree
that the L/C is irrevocable before you go any further in your L/C negotiations.
Although UCP 500 requires that L/C should indicate whether it is revocable or
irrevocable (Article 6, b), it also says "in the absence of such
indication the Credit shall be deemed to be irrevocable." (Article 6, c)
Confirmed L/C
When you export to a country with economical or
political instability or if you are unfamiliar with the Issuing Bank, you
should require that the L/C be confirmed by a first-class bank. If L/C is
confirmed, the confirming bank is liable for the payment.
Transferable L/C
Transferable L/C is a perfect financial tool for middlemen to secure their
margin without involving any funds. It allows dealing with more than one
beneficiary. When a transferable L/C is issued in your favour,
you can transfer it to your seller and use it as a payment.
L/C
"can be transferred only if it is expressly designated as
"transferable" (UCP 500, Article 48, b). Transferable L/C must
correspond with the original L/C, "with the exception of:
- the amount of the L/C,
- any unit price,
- the expiry date,
- the last date for presentation of documents,
- the period for shipment,
any or all of which may be reduced or curtailed." (UCP 500, Article 48, h)
L/C payable at sight
"Payable at sight" means that you'll be paid "immediately"
(in fact, it may take up to 7 days) after presentation of the documents
stipulated in the L/C to the Issuing Bank or to the Confirming Bank if it was
confirmed.
L/C payable on the maturity date
If deferred payment was agreed, you'll be paid on the
maturity date indicated in the L/C after presentation of the documents
stipulated in the L/C to the Issuing Bank. Don't forget to specify the date
from which the deferring period starts (e.g. 90 days after date of transport
document).
The
payments under L/C are usually made by the bank upon receipt of the documents
stipulated in the L/C and a bill of exchange issued by you.
The
bill of exchange (the draft) is an unconditional order in writing, signed and
addressed by the drawer (you) to the drawee (the
paying bank), requiring the drawee to pay the drawer
a certain sum of money according to the terms of the L/C.
Under
L/C, always draw the draft on the bank, not on the buyer.
How L/C works
There are at least four participants, when dealing
with L/C:
- The buyer ? the Applicant
- You - the Beneficiary
- Bank, the payment will come from ? the Issuing Bank
- Bank, the payment will go to ? the Advising Bank.
The
diagram below shows how participants are involved in the process of payment
under L/C.

1. The Applicant and the Beneficiary
negotiate terms and conditions of the L/C
2. The Applicant applies to the Issuing Bank to issue the L/C
3. The Issuing Bank issues the L/C and forwards it to the Advising Bank
4. The Advising Bank checks the apparent authenticity of the L/C and
advises the L/C to the Beneficiary
5. The Beneficiary checks if the L/C complies with the commercial
agreements and if all terms and conditions specified in the L/C can be
satisfied and ships the goods
6. The Beneficiary assembles the documents specified in the L/C, checks
the documents for discrepancies with the L/C, draws the draft and presents the
draft and the documents to the Advising Bank
7. The Advising Bank bears the draft and the documents against terms and
conditions of the L/C and forwards them to the Issuing Bank
8. The Issuing Bank checks if the documents comply with the L/C and
makes a payment immediately (if the L/C is available by sight) or on a certain
date (if L/C is available by deferred payment)
Another
party, which may be involved in the L/C procedure, is the Nominated Bank.
The Advising Bank
The Advising Bank advises you that a L/C is received and available to you and
informs you about the terms and conditions of the L/C. The advising bank is not
responsible for the payment of the L/C.
The
Advising Bank is not necessarily a bank where you usually banking. Shop around.
Try to find a bank, which has a corresponding bank in your buyer's country and
can offer you a better deal in terms of charges involved in the payment under
L/C.
The Issuing Bank
The Issuing Bank is the key player in the procedure, the one who makes the
payment. Try to negotiate with the buyer which bank will issue the L/C. Ask the
Advising Bank if it has a corresponding bank in the buyer's country and suggest
this bank to the buyer as the issuing bank.
If
the Advising Bank does not have a corresponding bank in the buyer's country,
ask the bank to recommend you a well-known bank with high credit rating and
insist your buyer has the L/C issued by this bank. The Advising Bank will be
able to provide you with the information on financial status and credibility of
the Issuing Bank.
If
the Issuing Bank is not internationally recognised
and your banker or you have any doubts that the Issuing Bank, for any political
or economical reason, may fail to make a payment under the L/C, I would
strongly recommend that the L/C be confirmed by another bank.
The
Nominated Bank
The Nominated Bank is the bank, which is authorized by the Issuing Bank
"to pay, to incur a deferred payment undertaking, to accept Draft(s) or to
negotiate." (UCP 500, Article 10, b)
The Issuing Bank may authorise the Nominated Bank to
negotiate the drafts and/or documents. Negotiation means that the nominated
Bank ? in this case the Negotiating Bank - gives value to such draft(s) and/or
documents, not just examination of the documents. (UCP 500, Article 10, b)
Confirmation of L/C
The confirmation of the L/C by another bank - the Confirming Bank - means that
if the Issuing Bank refuses to make the payment, the Confirming Bank is
responsible for this payment.
The
best-case scenario is when the Advising Bank confirms the L/C. If the Advising
Bank does not agree to confirm the L/C, ask the bank to recommend you another
bank to be the Confirming Bank.
Keep
in mind that "Branches of a bank in different countries are considered
another bank." (UCP 500, Article 2). That means that Citibank in Poland, for instance, is an independent
financial institution and has its own financial status and credit rating, which
is very different compared with the rating of Citibank in Australia.
If
you are dealing with a buyer from a country with an unstable political or
economical situation, always ask for the confirmation of the L/C.
There
are additional charges for the confirmation of the L/C, which depend on the
risk involved in dealing with the particular country. The responsibility to pay
for the confirmation is negotiable and usually is paid by the buyer. However,
if it wasn't agreed prior to the issuance of the L/C, you are the one who will
pay for this service.
When
L/C is to be confirmed the payment process is different and is shown in the
following diagram.

1. The Applicant and the Beneficiary
negotiate terms and conditions of the L/C
2. The Applicant applies to the Issuing Bank to issue the L/C
3. The Issuing Bank issues the L/C and forwards it to the Advising Bank
4. The Confirming Bank confirms the L/C to the Advising Bank
5. The Advising Bank checks the apparent authenticity of the L/C and
advises the L/C to the Beneficiary
6. The Beneficiary checks if the L/C complies with the commercial agreements
and if all terms and conditions specified in the L/C can be satisfied and ships
the goods
7. The Beneficiary assembles the documents specified the Issuing Bank in
the L/C checks the documents for discrepancies with the L/C and presents them
to the Advising Bank
8. The Advising Bank bears the documents against terms and conditions of
the L/C and forwards them to the Confirming Bank
9. The Confirming Bank checks if the documents comply with the L/C and
makes payment immediately (if the L/C is available by sight) or on a certain
date (if L/C is available by deferred payment)
10. The Issuing Bank reimburses the funds to the Confirming Bank
immediately after the payment
There
is another advantage in using confirmed L/C. Assume that after long negotiations
your potential buyer is ready to strike a deal, which is very profitable for
you. The only condition you are not comfortable with is the deferred payment of
90 days after the shipping date. You feel that you may have some problems with
cash flow, because you have to pay for the freight, packaging and so on. Well,
with the confirmed L/C you won't.
A
confirmed L/C may be used not only for securing the payment under the L/C but
also as a security to obtain additional funds from the Advising Bank.
Generally, the Advising Bank can discount the L/C in your favour
as soon as the documents stipulated in the L/C are presented to the bank and
checked. The funds will be considered as a loan, which will be automatically
reimbursed by the Confirming Bank on the maturity date indicated in the L/C.
Information that an L/C must have
Although the buyer applies for L/C, it is essential for you to be absolutely
sure that the L/C was prepared correctly and there is no legitimate ground for
refusal of payment under the L/C.
L/C
must enclose:
- Full Applicant's name and address
- Full Beneficiary's name and address
- Issuing Bank details
- Advising Bank details
- Form and type of credit (e.g. irrevocable, transferable)
- Issue date
- Expiry date
- The latest date of shipment (usually "no later than")
- Expiry date for presentation of documents
- Amount payable under L/C
- Currency of payment
- Port of loading
- Port of discharge
- Terms of delivery
- Indication of the payment of the freight (Freight Prepaid/Freight Collect)
- Allowances for partial shipment or transshipment if needed
- Type of payment availability (e.g. at sight, on the maturity date)
- Description of goods (must correspond with the description given in the
invoice)
- List of documents required for the payment
- Accountability for bank charges
Documents that may be stipulated in an L/C
You should negotiate which documents are to be
included in the L/C before the L/C is issued. Always try to keep this list as
short as possible. Never agree to include a document that must be signed or authorised by the buyer's representative or a document that
may never be produced (say, a certificate, which should be issued by a foreign
agency).
I
would like to underline that there is a difference between the documents you have
to present under the L/C and the documents you have to supply according to the
contract. It is not necessary to mention all documents required by the contract
in the L/C.
Most
likely, you will be required to present a commercial invoice, a transport document
and an insurance policy (certificate).
The
list of additional documents depends on the agreement made between you and the
buyer. Usually the buyer will include documents needed for the customs
clearance. The list may include:
- Certificate of origin
- Certificate of quality
- Weight certificate
- Pre-shipment inspection certificate
- Packing declaration
- Packing list
- Fumigation certificate, and so on
The
detailed explanation of the above documents is given in the "Export
Documentation" section of these tutorials.
In
relation to L/C, there are several issues about the documents you should keep
in mind:
- Specify how many original documents and
how many copies are to be presented.
- The description of goods stipulated in the L/C must correspond with the
description given in the invoice. "Must", in
this case, means "must". If the invoice states "100% Fruit
Juice" and the L/C ? "Australian Fruit Juice",
it is enough for the bank to refuse the payment and this decision most likely
be supported by the court.
- L/C may require a "clean" transport document. That means the
document "which bears no clause or notation which expressly declares a
defective condition of the goods and/or the packaging".
(UCP 500, Article 32, a)
Delays cause troubles
L/C indicates three dates, which must be met to be paid:
- the latest date
for shipment,
- the expiry date for presentation of documents and
- the expiry date of the L/C
When
negotiating the date of shipment, be sure that you are able to ship the goods
before this date. Always allow extra time for the amendments of the L/C. If the
L/C contains any errors or you cannot fulfill all terms and conditions
stipulated in the L/C do not ship the goods until all necessary amendments are
made. Do not forget to include the amendment allowing "later shipment".
Try
to obtain all possible documents before the shipment. If the document can be
issued only after the goods are shipped (e.g. transport documents), be sure
that you'll get it before the date stated in the L/C. If L/C does not indicate
the date of presentation of the documents, "banks will not accept
documents presented to them later than 21 days after the date of shipment". (UCP 500, Article 43, a)
The
expiry date of the L/C should allow you not only to assemble and check all documents
but also to correct errors, which might be identified by the bank. The bank has
up to 7 days to examine the documents and inform you if there are any
discrepancies. These discrepancies must be corrected and the documents must be
resubmitted to the bank prior to the expiry date. "In any event, documents
must be presented not later than the expiry date of the Credit." (UCP 500,
Article 43, a)
Freight Payment
"Freight" is the term, which refers to the transportation charges
(UCP 500, Article 33, a). L/C usually requires indicating whether you or the
buyer is liable for the freight payment. The responsibility to pay freight
depends on the agreed terms of delivery.
If
the agreed delivery terms include freight (e.g. CFR, CIF, CIP), then the L/C
will require that the transport document clearly indicate that freight has been
paid or prepaid and the words "Freight Prepared" appear on the
transport document.
"The
words "freight prepayable" or "freight
to be prepaid" or words of similar effect, if appearing on transport
documents, will not be accepted as constituting evidence of the payment of
freight" (UCP 500, Article 33, c)
If
the agreed delivery terms do not include freight (e.g. EXW, FCA, FAS, FOB),
then the L/C will require that the transport document indicate that freight is
to be paid by the buyer and the words "Freight Collect" appear on the
transport document.
Minimising the risks
When dealing with L/C pay careful attention to the
following:
- Prior to the issuance of the L/C,
negotiate exactly what documents must be presented to the bank.
- Try to agree to present as few documents as possible and to have descriptions
as simple as possible.
- Always include your requirements for the L/C in the pro-forma invoice.
- Once issued, the L/C can only be altered or cancelled by consent of all
parties.
- Remember that L/C is a bank-to-bank agreement and is not a substitute for the
contract between you and the buyer.
- Be sure that you are in a position to provide the bank with all documents
stipulated in the L/C in time.
- Always indicate L/C as "irrevocable".
- Check the Additional Conditions and be sure that you are able to meet them.
- If you have any doubts that the Issuing Bank, for any political or economical
reason, can fail to make a payment, the L/C must be confirmed by the Advising
Bank or by any other bank, whose confirmation will be accepted by the Advising
Bank.
- If there are any discrepancies and the L/C has to be amended, do not ship
goods before these amendments are made.
Suggested request for L/C to be included in your pro-forma invoice
|
|
|
Irrevocable
Documentary Credit
|
Expiry: expiry date in Australia
|
|
Issuing Bank
Name and address of the Issuing
Bank
|
Advising Bank
Name and address of the Advising Bank
|
|
Applicant
You Buyer's name and address
|
Beneficiary
Your Company name and address
|
|
To be confirmed
by name and address of the
Confirming Bank
|
|
Currency
|
Amount
|
|
Available with name of the Issuing or Nominated Bank by
specify negotiation/acceptance against the documents detailed
herein specify the agreed terms (ie. "at
sight", "XY days after sight", "AZ days after Bill of
Lading date")
|
|
Partial
Shipments:
Transshipments:
Loading on board at:
For shipment to:
No later than:
|
specify
ALLOWED/NOT ALLOWED
specify ALLOWED/NOT ALLOWED
port of loading
port of destination
latest shipment date
|
|
|
Purporting to
evidence shipment of:
Description of goods
Shipping Terms: specify terms of delivery (ie. FAS, FOB, CIF, CIP, etc.) and name of the port
of destination as per Incoterms 2000
Documents
required:
- Signed commercial
invoice(s)
- Transport document (ie. clean on-board marine
bill of lading, sea waybill, air waybill)
- Insurance policy or certificate for not less than the specify terms of
delivery (ie. FAS, FOB, CIF, CIP, etc.) value
plus 10% covering all risks
- Packing list
- Other agreed documents
Additional
Conditions:
Specify agreed conditions (ie. special labeling or
packing requirements)
Discount or interest charges are for the account of the specify
Applicant/Beneficiary
Acceptance commission is for the account
of the specify Applicant/Beneficiary.
All other charges are for the account of the specify
Applicant/Beneficiary.
Documents must be presented within 21 days of issuance of the transport
document(s) but within the validity of the Credit.
The Credit will be subject to The Uniform Customs and Practice for
Documentary Credits, 1993 Revision, ICC Publication 500 insofar as these
are applicable.
|
|
Suggested work sheet for checking L/C
|
|
Yes
|
No
|
|
1.
|
Is the L/C irrevocable?
|
( )
|
( )
|
|
2.
|
Do your company's name
and address appear correctly on the L/C?
|
( )
|
( )
|
|
3.
|
Does the name of the
buyer appear correctly on the L/C?
|
( )
|
( )
|
|
4.
|
Does the amount of the
L/C correspond with the amount shown in the commercial invoice and is it
adequate?
|
( )
|
( )
|
|
5.
|
Do the payment terms
comply with the terms agreed upon?
|
( )
|
( )
|
|
6.
|
Do the drafts to be drawn
under the L/C correspond to the terms offered?
|
( )
|
( )
|
|
7.
|
Is the L/C available with
the Bank you agreed?
|
( )
|
( )
|
|
8.
|
Can you supply all required
documents and do they conform to the arrangements made with the buyer?
|
( )
|
( )
|
|
9.
|
Are the goods properly
described, at the right price and with the correct trade definition?
|
( )
|
( )
|
|
10.
|
Are the points of
shipment and destination designated as agreed?
|
( )
|
( )
|
|
11.
|
Does the L/C contain any
special instructions and if so can you comply with them?
|
( )
|
( )
|
|
12.
|
Do the expiration date
and/or latest date for shipment allow you adequate time?
|
( )
|
( )
|
|
13.
|
Is the transport document
endorsed correctly?
|
( )
|
( )
|
|
14.
|
Is the transport document
endorsed correctly?
|
( )
|
( )
|
|
15.
|
Do the terms of delivery
stipulated in the L/C correspond with the invoice and refer to the Incoterms?
|
( )
|
( )
|
|
16.
|
Do the terms of delivery
stipulated in the L/C correspond with the invoice and refer to the Incoterms?
|
( )
|
( )
|
|
17.
|
If you asked for a
confirmed credit, is the L/C confirmed by a bank independent of the Issuing
Bank?
|
( )
|
( )
|
If
any question is answered "No", you should contact your buyer
immediately and arrange for the terms to be amended, keeping in mind that a
delay experienced in obtaining an arrangement may also require an extension of
the validity of the L/C.
Documentary Collection (Draft)
Documentary collections are regulated by the Uniform Rules for Collections
issued by the International Chamber of Commerce (URC 522). This document can
also be obtained from the International Trade Department of your financial
institution or from ICC Australia*.
Documentary
Collection or Draft is the term when you ship the goods before the payment is
made and then draw a draft on the buyer, not on the bank, like under L/C. Under
documentary collections banks have no responsibility for the payment.
There
are two types of documentary collections - sight draft, also know as
"Documents Against Payment", and time draft,
also known as "Documents Against Acceptance".
Sight Draft
"Sight draft" is payable by the buyer immediately after notification
by the buyer's bank of the receipt of the draft and transport documents.
Under
this method of payment you (the Drawer) negotiate the terms with the buyer (the
Drawee), specify the documents required for the
payment, ship the goods and draw the draft on the buyer. The draft and the
documents required for the payment are presented to your bank (Remitting Bank)
and after examination are forwarded to the buyer's bank (Presenting Bank). The
Presenting Bank holds the title documents (usually the transport documents) and
will release them to the buyer only after the payment was made.
Sight
draft procedure is shown in the diagram below.

1. The Drawer and the Drawee
negotiate terms and conditions of the transaction
2. The Drawer ships the goods
3. The Drawer draws a draft and presents it to the Remitting Bank along
with other documents
4. The Remitting Bank examines the documents and the draft and forwards
them to the Presenting Bank
5. The Presenting Bank notifies the Drawee of
receipt of the documents
6. The Presenting Bank holds the documents until the payment is made by
the Drawee
7. The Drawee examines the documents and makes
the payment for the supplied goods
8. The Presenting Bank releases the documents to the Drawee
Sight
drafts have some similarity with L/C. You deal with documents and through
banks, and the buyer cannot take the possession of the goods before the payment
is occurred.
However,
the payment is not guaranteed. If the buyer for any reason refuses to pay, you
have to deal with goods "on the water" or stacked in the customs zone
in a foreign country. It can be very costly to ship your goods back or to sell
them urgently. In both cases, there are substantial additional expenses
(warehousing, cost of transportation to a new destination, significant
discount, etc.). In some cases, the buyer who failed to pay was one of the
bidders at the resulting auction and had bought the goods for a fraction of the
initial price.
It
is also possible, that the buyer will delay the payment. Although legally the
payment has to be made immediately upon receipt of the draft by the buyer's
bank, the buyer may hold the payment until the goods are delivered.
Time Draft
Unlike the sight draft, when dealing with time drafts, the buyer may take possession
of the goods before the payment. Under the time draft, you agree on a deferring
period, ship the goods and draw a draft. For the title documents to be
released, the buyer has to accept the draft by issuing written evidence of his
willingness to pay on the agreed maturity date (usually by signing and dating
the draft).
Dealing
with the 'time draft', always draw a draft against the certain date specified
in the other document. (For example, "Payable at 60 days after invoice
date/bill of lading date/the draft date")
The
time draft, in fact, is very similar to "open account" terms ? you
have no control over the goods, nor over the payment.
The only difference is that, in addition to the contract of sale, you have the
buyer's written guarantee to make a payment on a certain date. You have to rely
on the buyer. The consequences of the refusal to pay are the same as the
consequences of the refusal to pay under "open account" (see below).
Drafts
are normally issued in a set of two (First of Exchange and Second of Exchange)
or singly (Sola Bill of Exchange). ) Two drafts are
usually drawn to ensure that at least one draft reaches the Drawee
when they are dispatched separately. When two drafts are issued they may be
numbered "1" and "2" and marked "First of Exchange
(Second
Unpaid)" and "Second of Exchange (First Unpaid)".
Documentary collection is cheaper then L/C but the risk involved is much
greater, especially with the time draft. I wouldn't recommend these terms,
unless you are dealing with a well-known trusted buyer or the transaction is
insured.
Open Account and Consignment
Open Account and Consignment are the most risky payment terms ? you ship the
goods before the payment is made and don't have any control over the goods or
over the payment. You totally rely on the buyer and if the payment has been
refused, legal action is the most likely scenario. This usually involves not
only significant legal fees but also
your time and energy and there is no guarantee that you will recover your
money.
The
difference between Open Account and Consignment is that sending goods on open
account you usually agree on a deferred period of time after which the buyer
will pay you in total.
When
dealing with the consignment, the goods are shipped but not sold. Legally, you
have the title over the goods until you have been paid. Depending on the agreed
terms, the buyer can pay upon the sale of all goods or make periodic payments
for goods that have been sold by the end of the set period.
I
wouldn't generally recommend these terms, however,
under certain circumstances they might be very beneficial. When you are
entering a market with high interest rates through your own local subsidiary
and you have total control over the buyer, you can send goods on open account
or consignment. Doing that, you provide your foreign subsidiary
company with cheap finance, making the goods more competitive and giving the
buyer more flexibility and better conditions for market development and
positioning of the products.
Saying
"total control over the buyer", I mean not only control over the
company but also control over the people representing the buyer, who are in
charge of finance and responsible for making payments.
Usually
markets with high interest rates are politically or economically uncertain. It
is possible that the buyer, even being your subsidiary, will fail to make a
payment due to the circumstances outside its control ? force majeure. That's why, sending goods on open account or
consignment, you should always try to arrange credit insurance.
Export Credit Insurance
The payments in International Trade can be insured.
The credit insurance enables you to expand your exports without fear of loss. I
suggest that you try to insure payments under documentary collections,
consignment and open account terms. You may even consider the
insurance of the unconfirmed L/C.
The
export credit insurance, issued by a financial institution in your favour, protects you against non-payments by the buyer or
by the Issuing Bank (in case of insuring an unconfirmed L/C) due to commercial
(insolvency, fraud) or political risk. In case of non-payment, you will usually
receive 80-90% of the debt.
The
credit insurance not only guarantees you the payment, but also enables you to
provide better terms to your buyers. Remember the dilemma between high and low
risk payment terms? Well, credit insurance is the solution for this
predicament.
The
insured payment also allows you to obtain additional funds from a bank. Similar
to the discounting of funds under confirmed L/C, your bank will usually provide
you with trade finance and use your credit insurance as a security.
Mixed Payments
Quite often you can compromise with the buyer by using different terms of
payment for one transaction.
Remember
that I suggested you insist the buyer pay in advance when the goods are
required to be customised? I also mentioned that
"cash in advance" is the least preferred term for the buyer. The
solution is mixed payments. You estimate the cost involved in customisation,
which has to be prepaid and the balance may be payable under different terms,
L/C, for instance.
When
you experience difficulties with cash flow and do not have available funds to
prepay freight and other pre-shipment expenses, you also may consider mixed
payments.
Using
mixed payments, you can avoid losses, which occur when the buyer refuses the
payment under the sight draft.
If
the mixed payments were negotiated, the proportion has to be clearly indicated
in the contract of sale. For example:
"Terms of Payment:
20% cash with the order
80% by irrevocable Letter of Credit confirmed by first class bank and
payable at sight via the-advising-bank's-name and location in favour
of your-company-name"
Recommended reading
·
ICC
Guide to Export - Import Basics, Publication No. 543
·
ICC
Uniform Customs and Practice for Documentary Credits (UCP 500), Publication No.
500
·
ICC
Guide to Documentary Credit Operations for the UCP 500, Publication No. 515
·
ICC
Uniform Rules for Collections (URC 522), Publication No. 522
·
ICC
Guide to Collection Operations for URC 522, Publication N0. 561
·
ICC
Bills of Exchange (third edition), Publication No. 593
·
ICC
Incoterms 2000, Publication No. 560
·
ICC
Guide to Incoterms 2000, Publication No. 620
·
ICC
A to Z of International Trade, Publication No. 623
·
ICC
Funds Transfer in International Banking, Publication No. 497
·
ICC
Trade Finance Fraud, Publication No. 643
The
above documents may be obtained from:
*) ICC Australia
Chief Executive Officer: Martin Cox
Assistant: Christine Schmidt
Level 50 101 Collins Street
3000 Melbourne Victoria
Telephone: 03 965 39223
Fax: 03 965 39494
E-mail: publications@iccaustralia.org
or
online from ICC
Publishing SA
Contacts
QBE
Trade Indemnity
82 Pitt Street Sydney NSW 2000
Telephone (Sydney): 02 9375 4600
Telephone (Melbourne): 03 9612 1777
Telephone (Brisbane): 07 3221 2323
Fax: 02 9375 4030
QBE
Trade Indemnity is the largest credit insurer in Australia, with over 60% of the domestic trade
credit market and approximately 20% of the export credit market.
Its
cover is designed for exporters who do not want to establish Documentary
Letters of Credit and wish to trade on Open Account or Documentary Collection
terms. Export Credit insurance offers protection against buyer default and
insolvency and also covers certain political risks associated with sales to the
buyer's country. The policy can be structured to suit the exporter's
requirements.
Legal Notice
This tutorial has been developed for information purposes only and shall not be
construed, implicitly or explicitly, as containing any commercial or financial
solutions to risks associated with international payments. Under no
circumstances shall the author, Newsta Pty. Ltd. or
its directors, employees, shareholders or affiliates be liable for any direct,
indirect, incidental, special or consequential damages.