Lesson10 International Payment Generally speaking, it is not very difficult for buyers and sellers in domestic trade to get to know each other’s financial status and other information, and payment is likely to be made in a straightforward manner, say （for example）by remittance or by debiting the debtor’s account. In international trade, however, things are far more complicated. Purchase and sale of goods and services are carried out beyond national boundaries, which make it ratherdifficult for the parties concerned in the transaction to get adequate information about each other’s financial standing and creditworthiness (资信；信誉). Therefore, mutual trust is hard to build. Both the exporter and importer face risks as there is always the possibility that the other party may not fulfill the contract.For the exporter there is the risk of buyer default（不按期付款）. The importer might fail to pay in full for the goods. He might go bankrupt.His government might, for various reasons, ban（禁止）trade with the exporting country or ban imports of certain commodities. The buyer might run into difficulties getting the foreign exchange to pay for the goods. It is even possible that the buyer is not reliable and simply refuses to pay the agreed amount on various excuses.On the part of the importer, there is the risk that the shipment will be delayed, and he might only receive them long after payment.The delay may be caused by problems in production or transportation, and such delays may lead to loss of business. There is also a risk that wrong goods might be sent as a result of negligence（疏忽大意）of the exporter or simply because of his lack of integrity （honesty）.Political risks such as war, quotas, foreign exchange control; commercial risks like market change and exchange rate fluctuations(波动); and even language barriers all add upto （increase）the problems in international trade. Because of these problems and risks, exporters are hesitant to release their goods before receiving payment, while importers prefer to have control over the goods before parting with their money.Various methods of payment have been developed to cope with different situations in international trade. When the political and economic situation in the importing country makes payment uncertain or when the buyer’s credit standing isdubious (doubtful), the exporter may prefer cash in advance or partial cash in advance. In this case, the importer has no guarantee that the exporter will fulfill his obligations once he has made payment by cash. If the buyer and the seller know each other well, they may decide to trade on open account. This means that no documents are involved and that legally (in terms of law) the buyer can pay anytime. The seller loses all control over the goods once they have been shipped. Sales on thisbasis are usually paid for by periodic payment, and obviously the exporter must have sufficient financial strength经济实力to carry the cost of the goods until receiving payment. If the exporter wishes to retain（保留）title or ownership（所有权）to the goods, he can enter into consignment transactions. This means the exporter has to send his goods abroad and will not get payment until the goods are sold. If not sold, the goods can be shipped back. Therefore, this arrangementshould only be made with full understanding of the risks involved and is preferably to be limited to stable countries where the exporter has a trusted agent to look after his interest.A lot of international transactions are paid for by means of the draft（汇票）, which, also referred to as the bill of exchange, is an unconditional（无条件的）order to a bank or a customer to pay a sum of money to someone on demand（立即）or at a fixed time in the future.The person who draws（开立）the draft, usually the exporter, is called the drawer（出票人）, and the person to whom the draft is drawn is called the drawee（受票人）. There is yet another party payee（收款人）, i.e. the person receiving the payment, who and the drawer are generally but not necessarily the same person, as the drawer can instruct the drawee either to pay “to the order of ourselves” or to the order of someone else, for instance, the bank.A draft is either a sight draft ora usance draft (also called tenor draft or term draft). The former calls for （needs）immediate payment on presentation (提示) to the drawee while the latter is payable at a later date, e.g. 30, 45, 60, or 90 days after sight or date. A draft is either clean (clean draft 光票) (without documents) or documentary (documentary draft跟单汇票). In the latter case, the draft is accompanied （attached）by the relevant documents such as the bill of lading, the invoice, the insurance policy etc.In documentary collection ( 跟单托收), the exporter sends the draft and the shipping documents运输单据representing title to the goods to his bank, which forwards (sends) them to anot her bank in the importer’s country, which in turn contacts the customer (importer). In the case of documents against payment (D/P)付款交单, documents will not be released to the importer until payment is effected执行. There are D/P at sight and D/P after sight. The former requires immediate paymentby the importer to get hold of the documents. The latter gives the importer a certain period after presentation of the documents, but documents are not released to him until he actually pays for the merchandise货物. In the case of documents against acceptance (D/A)承兑交单, documents are handed over to the importer upon his acceptance（承兑）of the bill of exchange drawn by the exporter. Payment will not be made until a later date. D/A is always after sight.So far as the exporte r’s interest is concerned, D/P at sight is more favorable than D/P after sight, and D/P is more favorable than D/A. In actual trade, payment by collection should be accepted with discretion （小心）. It is usually used when the financial standing of the importer is sound（良好的）, or when the exporter wishes to push the sale of his goods, or when the transaction involves only a small quantity. Otherwise, the letter of credit is generally preferred.Lesson 11In international trade it is almost impossible to mach payment with physical delivery (实际交货) of the goods, which constitutes conflicting problems for trade, since the exporter prefers to get paid before releasing the goods and the importer prefers to gain control over the goods before paying the money. The letter of credit is an effective means to solve these problems. Its objectiveis to facilitate international payment by means of the credit-worthiness of the bank. This method of payment offers security to both the seller and the buyer. The former has the security to get paid provided (假如) he presents impeccable（没有缺陷的）documents while the latter has the security to get the goods required through the documents he stipulates in the credit. This bilateral security is the unique and characteristic feature of the letter of credit.“Letter of credit” is often shortenedas L/C or L.C. and is sometimes referred to as “banker’s commercial letter of credit”, “banker’s credit”, “commercial credit” or simply “credit”. Modern credits were introduced 开始采用in the second half of the 19th century and had substantial development after the First World War. The credit is a letter issued by a bank at the request of the importer in which the bank promises to pay upon presentation of the relevant documents. It is actually a conditional bank undertaking（承诺）of payment.The operation of the letter of credit starts with the importer. He instructs his bank to issue an L/C in favor of the seller （以…为收益人）for the amount of the purchase. Here the importer is called the applicant （开证申请人）, or opener, principal etc., the bank that issues the credit is called the opening bank, the issuing bank or the establishing bank, (开证行) and the exporter in whose favor the credit is opened is called the beneficiary（受益人）. The openingbank sends the credit to its correspondent bank（往来行）in the exporter’s country, who will, after examining（检查）the credit, advise （通知）the exporter of its receipt. Here the correspondent bank is called the advising bank（通知行）. The exporter or beneficiary will make a careful examination（仔细检查）of all the contents of the credit and will request the opener to make amendments修改to any discrepancies （不一致）in the credit so as to ensure safe and timelypayment. Sometimes the exporter may require a confirmed letter of credit (保兑信用证) either because the credit amount is too large, or because he does not fully trust the opening bank. The bank that adds its confirmation（保兑）to the credit is called the confirming bank which is undertaken（承担）either by the advising bank or another prime （big）bank. When everything with the credit is in order, the exporter will prepare the relevant documents based on the credit and dispatch thegoods to the importer. Then he will present the draft and the accompanying documents to the advising bank that pays or accepts (承兑) or negotiates（议付）the bill of exchange. The advising bank then also becomes the paying bank which acts as the agent of the opening bank and gets reimbursed（pay back）by the opening bank after paying the beneficiary. If a bank, either nominated （指定）by the opening bank or at its own choice, buys the exporter’s draft submitted to it undera credit, it is called a negotiating bank (议付行). The draft and the documents will then be sent to the opening bank for reimbursement（偿付）.Letters of credit are varied in form, length, language, and stipulations. Generally speaking, however, they include the following contents:1. The number of the credit and the place and time of its establishment.2. The type of the credit.3. The contract on which it is based.4. The major parties relevant to thecredit, such as the applicant, opening bank, beneficiary, advising bank. etc.5. The amount or value of the credit.6. The place and date on which the credit expires（失效）.7. The description of the goods including name of commodity, quantity, specifications, packing, unit price, price terms, etc.8. Transportation clause（条款）including the port of shipment, the port of destination, the time of shipment, whether allowing partial shipments or transshipment（转船）.9. Stipulations relating to the draft.10. Stipulations concerning the shipping documents required.11. Certain special clauses if any.e.g. restrictions on the carrying vessel（承运船只）and the route.12. Instructions to the negotiating bank.13. The seal or signature of the opening bank.14. Whether the credit follows “the uniform customs and practice for documentary credits”.The letter of credit providessecurity to both the exporter and the importer. However, it only assures payment to the beneficiary provided the terms and conditions of the credit are fulfilled. It does not guarantee that the goods purchased will be those invoiced or shipped. It is stipulated in Article 4 of the uniform customs and practice for documentary credit that “in credit operations all parties concerned deal in documents, and not in goods, services and/or other performance to which the documents may relate”.That is to say the banks are only concerned with the documents representing the goods instead of the underlying contracts. They have no legal obligation whether the goods comply with the contract. They will be considered as having fulfilled their responsibility so long as all the documents comply with the stipulations of the credit. The quality and quantity of merchandise shipped, although specified in the documents, ultimately depend on the seller who has manufactured, packaged, andarranged shipment for the goods.If the importer finds any problems with the goods, e.g. inferior quality or insufficient quantity, he has to contact or even take legal action against the exporter instead of the bank so long as the documents are “proper” on their face.Lesson 12Letters of credit fall under several categories depending on their function, form and mechanism. Here are the major types of credit:1. Clean credit and documentary credit: Credits that only require clean draft, i.e. draft not accompanied with shipping documents, for payment are clean credit. They are generally used in non-trade settlement（非贸易结算）or in payment in advance by means of the L/C. Most of the credits used in international trade are documentary credits, i.e. credits that require shipping documents to be presented together with the draft.2.Revocable credit andirrevocable credit: This classification is based on the certainty确信of the commitment 承诺to pay on the part of the applicant and the issuing bank. The credit is a revocable one if such commitments can be altered （改变）or even canceled（取消）without consulting with the beneficiary. It is quite obvious that the exporter has little assurance 保证to get payment, and therefore this type of credits are rarely used. Irrevocable credits are those that cannot be amended （revised修改）or revoked（取消）without the consent（同意）of all the parties concerned. Safe and reliable, this type is extensively（widely）used in world trade. It must be noted that if there is no specific indication whether a credit is revocable or irrevocable, it should be regarded as irrevocable.3. Confirmed credit and unconfirmed credit: If a credit is confirmed by a bank other than （除…之外）the issuing bank, it becomes a confirmed credit. The confirmation is undertaken 承担either by theadvising bank or by another leading bank. Under a confirmed credit, the beneficiary is given double assurance of payment 双重付款担保since the confirming bank has added its own undertaking 承诺to that 承担of the opening bank. If the credit is not confirmed by another bank, it is an unconfirmed letter of credit. Though a confirmed credit is considered to be able to provide the greatest degree of security to the beneficiary, it involves additional cost as a result of the confirmation.Therefore if the establishing bank is a reliable prime bank, confirmation may not be necessary.4. Sight credit and usance credit: A sight credit is one by which payment can be made upon presentation of the draft and impeccable documents by the beneficiary to the bank. It gives the beneficiary better security and helps him speed up his capital turnover. 资金周转Most of China’s export contracts stipulate for sight credit in payment terms. Obviously, a sight credit calls for a sight draft.It is also clear that this type of credit requires a usance draft. If the beneficiary wishes to get payment before the maturity到期of the draft, he can ask the bank to discount贴现the acceptance, and immediately pay him the net proceeds净收益（net position 实际头寸）, i. e. the face value 面值of the draft minus减去the discount charges收费.5. Transferable credit andnon-transferable credit: If a credit can be transferred by the original beneficiary to one or more parties, it is a transferable credit. The original beneficiary is called the first beneficiary and the party (or parties) the credit is transferred to is called the second beneficiary. It is usually used when the first beneficiary is a middleman and does not supply the goods himself. A credit can be transferred only once. But transferring a credit to more than one party at the same time is allowedprovided partial shipments are permitted. If a credit does not specify whether it is transferable, it should be regarded as a non-transferable document according to the credit stipulation.6. Non-draft credit: There is a modern tendency for payment to be made by presentation of the documents without the formality of drawing and presenting a draft. Such credits are non-draft credit. They mainly include payment credit and deferred payment credit which arerespectively similar to sight credit and usance credit with the difference that no draft is drawn and presented in the case of non-draft credit.7. Revolving credit: If a credit stipulated that its amount can be renewed更新or reinstated恢复without specific amendment to the credit being made, it is then a revolving credit. It is particularly useful when the buyer and seller have regular trading relationship and deal in a specific quantity of goods each month or any particular periodof time.It has already been mentioned that the letter of credit has greatly facilitated便利and promoted international trade. However, like any other methods (mode) of payment, it is not perfect. It cannot provide absolute security for the contracting parties. The seller may sustain losses 蒙受because of the buyer’s delay even failure in the establishment of credit开立信用证. The buyer may suffer losses as a result of the documents presented bythe seller which do not truly represent the goods shipped. And it is not absolutely avoidable that the bank may become insolvent破产的or bankrupt. Besides, it is more expensive to use the letter of credit than remittance or collection as the bank will charge 收费its client for all the services it provides. So the letter of credit may not be the most ideal（best）method of payment for a particular transaction, and the contracting parties should make their best choice according to the specificconditions.Lesson 13One of the major differences between domestic trade and foreign trade is documentation (单据的使用). Every shipment must be accompanied by a number of correct documents. If they are not the correct ones, the importer will have difficulties in taking delivery of 提货the goods, and delays caused byincorrect documentation may affect future business relations between the trading partners. In the case of documentary letter of credit, any discrepancy不同, even in minor details, between the documents presented and those specified in the credit may lead to refusal by the bank to make payment. Different documents are required for different transactions, depending on the nature of the deal, the term of delivery, the type of commodity, stipulations of credit, regulations and practices indifferent countries, etc. However, most transactions require the following major documents.The commercial invoice：Generally called “the invoice” for short, this document is the general description of the quality and quantity of the goods and the unit and total price. It constitutes the basis on which other documents are to be prepared制作, and the banks check the conformity between credit terms and documents 单证一致and the conformity between thedocuments单单一致. A commercial invoice normally include the following contents: Invoice number and the date; name and address of the buyer and the seller; contract number and credit number; description of the goods including name of the commodity, quantity, specifications, etc.; unit price, total price, price terms, and commission and discount if any; terms of delivery and terms of payment; packing, shipping marks唛头, etc.; and seal or signature of the exporter.It should be noted that the description of the goods in the invoice must comply with the credit while in other documents the goods can be described in general terms, and that the total invoice value should not exceed the total amount of the covering（适用的）L/C.The packing list （is a document that）gives information such as the number, date, name and description of the goods, shipping marks, packing, number of packages, specific contents of each packageand its net weight and gross weight etc. Sometimes the credit stipulates for specification list规格清单which is similar to the packing list but emphasizes the description of the specifications of the goods. The weight list, weight note, or weight memo are also similar to the packing list in content and function but emphasis on the weight of the goods and are generally used for goods which are based on the weight for price calculation.The Bill of lading is one of themost important documents and has three major functions: 1. It serves as a cargo receipt signed by the carrier and issued to the shipper or consignor; 2. It constitutes a contract of carriage（transport）between the carrier and the consignor; 3. It is a document of title 所有权to the goods,and the legal holder 合法持有人of the bill of lading is the owner of the goods it covers.The major contents of the bill of lading include: 1. the carrier, i. e.the shipping company; 2. the shipper or consignor, it is normally the exporter; 3. the consignee收货人. It is generally either the importer or made out “to order”; 4. the notify party, i. e. the party to be advised通知after arrival of the goods at the port of destination. It is often the agent of the consignee or the consignee himself. 5. a general description of the goods including the name, number of packages, weight, measurement 尺寸etc. 6. shipping marks; 7. the port ofshipment and the port of destination;8. the freight运费, for CIF and CFRi t should be “freight prepaid”, or “freight paid”, for FOB it should be “freight to collect”, or “freight to be paid”, or “freight payable at destination”. 9. the place where the bill of lading is issued; 10. the date when the bill of lading is issued which is regarded as the time of shipment交货时间(time of delivery) and can by no means (never) be later than that stipulated in the credit.There are quite a few types of bills of lading classified in several ways. However, most letters of credit stipulate for “clean, on board bill oflading”. is one which states (indicate) that the goods have been shipped in apparent (表面上) good order and condition. It is meant that the document is devoid of 没有any qualifying remarks 批注性话语concerning the packing and the outer appearance of the goods. And the carrier admits full liability 承担全部责任for thegoods described in the bill of lading and is bound to 有责任carry the goods and deliver them in like (similar) condition in which he hasreceived them.indicates that the shipment has been actually loaded on the carrying vessel 承运船只bound for 开往the port of destination. Traditionally, this has been the only acceptable type to be presented by the seller under the term CFR and CIF.The document similar to theocean bill of lading 海运提单is called airway bill for air transportation and railway bill, cargo receipt etc. for railway transportation.The insurance policy and the insurance certificate are similar in function, the only difference being that the latter is a bit simpler than the former. The main contents of such insurance documents include: 1. the insured. Under CIF terms, the insured is generally the beneficiary of the credit unless otherwisespecified, while under CFR and FOB terms，the insured is usually the importer. 2. cargo description including name, quantity, weight, shipping marks etc . 3. the amount insured and the risks covered 险别. It should be noted that the currency of the amount insured should be the same as that of the credit. 4. contents concerning transportation including the carrying vessel, the port of shipment and the port of destination, the sailing date起航日期etc. 5. the place where claims are to be settled。
