国际贸易理论与实务(英文版)Ch18-Implementation.ppt

单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,CHAPTER,1,8 IMPLEMENTATION OF INTERNATIONAL SALES CONTRACT,(CIF,L/C),Cargo Readiness,Examination of and Amendment to L/C,Shipment,Insurance and Customs Clearance,Documentation,Settlement of Export proceeds in Foreign Exchange,Verification and Writing-off of Export Proceeds in,Foreign Exchange and Export Tax Rebate,1 Cargo Readiness,Contractual quantity,quality and packing conformity requirements,Contractual quantity requirement,“,100 M/T 5%more or less”,the buyer would be obliged to take delivery of any delivery between 95 M/T and 105 M/T.,(2)Contractual quality,description and packing requirements,Quality,description:the requirements in the contract will prevail.,Packaging:sufficient to protect the goods.,2.Fitness for ordinary and particular purposes,Fitness for ordinary purposes,Canned fruits must be suitable for human consumption;,Durable goods such as washing machines should remain durable(usable)for an“ordinary period of time”.,A buyer who purchases for resale is entitled to expect goods resalable in the ordinary course of business.,(2)Fitness for a particular purpose,A special purpose:to use such equipment in exceptional climatic conditions.,Precondition:The buyer must have reliance on the sellers skill and judgment,e.g.the seller is an expert in the manufacture or sale for the particular purpose intended by the buyer.,4.Ensuring freedom from third party claims,Ensure that the goods it delivers are not subject,to rights or claims by a third party.,To ensure the goods he delivers do not infringe,on the industrial property rights or other,intellectual property rights of the third party.,(The seller is not liable if the buyer knew or could not have been unaware”the third partys right,),2 Examination of and Amendment to the L/C,1.Urging the opening of L/C,(1)The buyer fails to issue an L/C within the,time stipulated in the contract.,(2)Goods are ready for shipment,the seller,may also urge the buyer to open the L/C,in order to advance shipment.,2.Examining L/C,The political background and financial standing,of the issuing bank.,(2)The nature of the credit and the liabilities of the opening bank.,“This credit is not effective until we receive the notification of import licenses”.,(not acceptable),(3)The unit price and total amount.,(4)The quality,quantity,packing clauses.,UCP600 ARTICLE 30(,b,):,NOT,1.Number of packing units,2.Individual items,if quantity,5%,3.Total amount of the,drawings the amount of,the credit,(5)The latest date for shipment,date and place of,credit expiry.,The expiry place is usually in the beneficiary,place.,(6)Partial shipments and/or drawings are permitted,or allowed.,(7)Transshipment is permitted or allowed.,(8)The documents required are obtainable.,(9)Other special clauses.,3 Shipment,Insurance and Customs Clearance,1.Shipment,shipping note,Shipper,Carrier,shipping order,Captain,(Mate),mates receipt,mates receipt,bill of lading,2.Insurance,The date of the insurance document shouldnt be later than the date of shipment.,3.Customs clearance,Declaration of export goods shall be made,24 hours prior to loading,unless otherwise specially approved by the Customs.,Fill in customs declaration forms(,报关单,),Submit appropriate documents:commercial,invoice,export license,copy of sales contract,and inspection certificates,shipping order,etc.,4 Documentation,1.Quality requirements for documents,(1)Accuracy:,Doctrine of strict compliance,(2)Completeness:,Types of documents,numbers of originals,and copies,items for each document.,(3)Promptness:,Documents are ready when they are needed,to avoid any delay or confusion.,(4)Conciseness:,Not use redundant words or expressions.,(5)Cleanness:,No correction on the documents.,3.Types of documents required by the credit,Draft:,Draft drawn clause“drawn under XXX Bank L/C No.XXX dated XXX”.,Payee:negotiating bank or beneficiary,etc.,Payer:according to the L/C “drawn on xx.”,L/C“drawn on us”opening bank.,Drawer:beneficiary(exporter).,凭,Drawn Under,.,信用证 第 号,L/C No.,.,日期,Dated,.,按 息 付款,Payable With Interest,%Per Annum,号码 汇票金额 中国，广州 年 月 日,No.:,Exchange For,Guangzhou,CHINA,.,见票 日后（本汇票之副本未付）,At,Sight Of This First Of Exchange(Second Of Exchange Being Unpaid),Pay to the Order of BANK OF CHINA,GUANGZHOU BRANCH,中行广州分行或其指定人,付金额,The Sum Of,.,To,.,DEUTSCHE BANK,（,ASIA,）,HONGKONG,756/05/1495988,NOV.20,2004,ITBE001121,USD19,745.00,DEC 20,2004,*,SAY US DOLLARS NINTEEN THOUSAND SEVEN HUNDRED AND FORTY-FIVE ONLY,DEUTSCHE BANK(ASIA)HONGKONG,CHINA NATIONAL ARTS AND CRAFTS IMP.&,EXP.CORP.GUANG DONG BRANCH,李亮,(2)Commercial invoice,The key accounting document describing the commercial transaction between the buyer and the seller.,Containing the name and address of the seller and the buyer,date,number,S/C number,quantity and description of the goods(corresponds precisely to the description of goods in the credit).,Unit price,total price,other charges agreed upon,and total invoice amount are stated in the currency of the contract or letter of credit.About:10%.,(3)Miscellaneous invoices,Pro-forma invoice(形式发票):,Required by the buyer so that an import licence and/or foreign exchange permit will be approved by the authorities concerned.,Customs invoice(海关发票):,Required by customs authority of the importing country.,It may form the basis of calculating the import duty and serve to prevent dumping of imports at low prices.,Consular invoice(领事发票):,Issued by the importing countrys consulate in the exporting country.It may form the basis of calculating the import duty and serve to prevent dumping of imports at low prices.,(4)Shipping documents(B/L),Name of B/L:,indicated on its face.,(ii)Shipper:,Beneficiary.Unless otherwise stipulated,the bank will also accept the bill of lading with another party other than the beneficiary as the shipper.This kind of bill of lading is described as the,third party B/L,.,(iii)Consignee:,“to order”or“to order of shipper”.,(iv)Notify party:,Importer or its agent to be notified by the,shipping company upon arrival of the goods.,(v)Port of loading&port of discharge.,(vi)Description of the goods,marks and numbers.,(vii)Freight charges prepaid or to collect.,(viii)“on board”notation,date of issuance and date of loading.,The date of issuance of the B/L will be deemed to be the,date of shipment unless the B/L contains an on board,notation indicating the date of shipment.(UCP 600),(ix)Copies of signed(or original)B/L,.,(x)Name of carrier,with a signature identified as that of carrier,or ships master,or agent for or on behalf of either the carrier or ships master.,(5)Insurance policy(or certificate),Name of the insurance company;,Name of the insurance document;,Number of the insurance document;,Description of the goods insured;,Description of risks covered and sum insured;,Name of place where claims are payable;,Means of transportation,name of vessel,loading port and destination port;,Issuing date;,Signature of the insurer.,(6)Packing documents,Describing packing conditions of the goods.,Supplementary documents to commercial invoices.,Packing list(or packing slip),weight list(or weight,note),measure list,weight memo,etc.,(7)Certificate of origin,Evidencing the origin of the goods.,GSP certificate of origin form A.,(9)Other documents,Beneficiarys certificate for dispatch of documents;,Beneficiarys certificate for dispatch of shipment samples;,Post receipt or courier receipt;,Evidence with regard to shipment,such as evidence of nationality of the vessel.,5 Settlement of Export Proceeds in Foreign Exchange,Three ways of settlement of export proceeds in foreign exchange in China,When the bank at the sellers side credits the beneficiarys account in RMB:,“,settlement after payment has been made”,“settlement on a fixed date”,(“regular settlement”),“settlement by negotiation”,2.The ways of handling discrepancies between the,documents and the L/C,Negotiation against indemnity(,凭保议付,),A,provisional,negotiation made to the beneficiary of a letter of credit where the documents submitted under the L/C requirements have discrepancies.,The discrepancies in the documents are listed in banks standard indemnity form and executed by the seller.,The seller is obliged to refund the negotiating bank in the event the issuing bank refuses to take up the documents and pay the negotiating bank.,(2)Documents sent on approval basis,In the event that the discrepancies are rather complex,the exporter should request that the negotiating bank send the,documents to the issuing bank on an approval basis or,notify,the issuing bank by wire,outline the discrepancies,and,request the authority to pay,.(In China,this is called“电提”,meaning wire notification).,Payment cannot be made until all parties have agreed to,jointly waive the discrepancies.,(3)Payment under collection,Discrepancies are of a material nature:e.g.the,description of the goods differs;invoice is based on an FOB basis,while the credit stipulates CIF as the term of delivery,etc.,The bank will only be prepared to handle the,documents on a collection basis.,The exporter runs great risks of non-payment.,6 Verification and Writing-off of Export Proceeds in Foreign Exchange and Export Tax Rebate,Verification and writing-off of export proceeds in foreign exchange,An important measure aiming at strengthening the collection,the management and preventing the loss of export proceeds in foreign exchange.,Verification:Acknowledgement of export proceeds in foreign exchange.,Writing-off:A cancellation of export proceeds in account books.,The exporter fills in the verification and writing-off forms,The customs officer will check the verification forms against the export declaration forms.,2.Export tax rebate declaration,Documents required:,Export declaration form,Export commercial invoice,Purchase invoice,The special page of verification form for export tax rebate,Bank slip which is specially for verification of export proceeds and,Other documents as may be required by the tax authority.,