job project 3 letter of credit

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    Letter of Credit

    Learning objectives:

    The students are required to

    1. understand the definition and features of L/C;

    2. master the contents and the types of L/C;

    3. know the procedures of payment by L/C;

    4. can read, check and amend L/C. 5. master the useful words and sentences

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    Letter of Credit

    Ability objectives:

    Understand L/C.

    Master the skills of checking and amending L/C.

    Job projects:

    Check and amend L/C.

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    Warm-up activities (1-1)

    Revision:

    What kinds of Contract do we often have?

    There are two kinds:

    1) Sales Contract/Purchase Contract

    2) Sales Confirmation and Purchase Confirmation

    What are the contents of contract? Contract usually includes three parts:

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    Warm-up activities (1-2)

    (1) head of the contract

    (2) body of the contract

    (3) signature

    What is letter of Credit?

    Its a kind of written document issued by a bank on

    application of the importer in which the bank promisesto pay on certain conditions.

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    Warm-up activities (1-3)

    What is the relationship between L/C and the Contract?

    L/C is opened against a contract. Upon it is accepted, it

    becomes an independent document and will not be

    subject to the contract any more.

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    Letter of Credit (1-1)

    How many kinds of L/C are they? And what are they?

    There are 12 kinds of letters of credit mentioned here. 1. Revocable L/C/irrevocable L/C

    2. Confirmed L/C/unconfirmed L/C

    3. Sight L/C/usance L/C

    4. Bankers acceptance credit

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    Letter of Credit (1-2)

    5.transferable L/C (or) assignable L/C (or)

    transmissible L/C /non-transferable L/C

    6.Divisible L/C/indivisible L/C

    7. Revolving L/C

    8.L/C with T/T reimbursement clause 9. L/C without recourse / L/C with recourse

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    Letter of Credit (1-3)

    10. Documentary L/C/clean L/C

    11. Deferred payment L/C/anticipatory L/C

    12. Back to back L/Reciprocal L/C

    13. Usance L/C payable at sight or Buyers usance L/C

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    Letter of Credit (1-4)

    The Procedures of payment by L/C

    How many parties involved in the operation of L/C?(Six)

    Buyer/applicant contract Seller/beneficiary inform apply to check/amend

    to buy for opening inform effect shipment

    make out

    Issuing Bank issue and send Advising Bank

    check against present for

    reimburse

    Paying Bank send for Negotiating Bank

    check against

    (Reimbursing Bank) comply with

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    Letter of Credit (1-5)

    1. Both the seller and the buyer sign the contract andagree to pay by L/C.

    2. The buyer, the applicant, applies to a bank in hisplace to establish an L/C in accordance with thecontract. The bank is called the issuing bank or theopening bank.

    The opening bank opens an L/C and sends it to a bank

    in the sellers place. This bank is called the advisingbank. The advising bank notifies the seller, the

    beneficiary, of the arrival of the L/C.

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    Letter of Credit (1-6)

    The seller checks the L/C against the contract andamends the L/C if necessary. If the L/C is found in

    accordance with/comply with the contract/in goodorder, the seller will effect shipment and get all theshipping documents ready/make out all the shippingdocuments and presents them to a bank for negotiation.This bank is called the negotiating bank.

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    Letter of Credit (1-7)

    The negotiating bank checks the documents against

    the L/C. If all the documents are in compliance with

    the terms of the L/C, the bank negotiates the

    beneficiary.

    After negotiation, the negotiating bank sends the

    documents to the issuing bank or a bank appointed by

    the issuing bank for reimbursement. This bank iscalled the

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    Letter of Credit (1-8)

    paying bank or reimbursing bank. The paying bank

    checks the documents against the L/C and reimburse

    the negotiating bank.

    6. Finally, the issuing bank asks the buyer, or the

    applicant to buy the shipping documents.

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    Letter of Credit (1-9)

    What is the basic content of an L/C?

    Basic content of an L/C:

    1. Parties concerned in an L/C

    1) applicant / for account of / accountee or derer /

    opener/in the name of/at request of/you are authorized

    to draw on 2) issuing/establishing/opening bank

    advising bank

    notifying bank

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    Letter of Credit (1-10)

    2. advised throughbank advised by airmail / cablethroughbank / be advised through / transmitted

    through 3. negotiating bank / available with

    (Usually its the correspondent bank of issuing bank)

    3) beneficiary/in favor of / in ones favor /favoring

    4) reimbursement bank / reimbursing bank

    5) paying bank / accepting bank

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    Letter of Credit (1-11)

    4. L/C Clause 1) Drawn Clause

    2) Shipping Documents Clause

    3) Shipment / shipment Clause

    4) Goods Description

    5) Instruction to Negotiating Bank 6) Banking Charges

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    Letter of Credit (1-12)

    7) Discrepancy Clause

    8) Undertaking Clauses

    5. Details of the L/C itself

    1) Categories / form / kinds of the L/C: irrevocable

    /documentary/sight L/C

    L/C No. / Our Ref. No

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    Letter of Credit (1-13)

    3) Amount of the L/C

    L/C amount / credit amount/amounting to / foramount of / for a sum of / for amount RMBamount not exceeding / up to an amount of / to theextent of / maximum amount

    /up to an aggregate amount of / for amount

    about /USD5000+ 5%more or less 5%plus orminus 5%

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    Ability Training

    Task (1-1)

    1. Translate the following into English:

    1) 2) 3)5 4)36500 5)10 6) 85000

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    Ability Training

    Task (1-2)

    Suggested answer:

    1) amount RMB 2) up to an aggregate amount of Hongkong Dollars

    3) for a sum (sums) not exceeding a total of

    GBP50,000

    4) to the extent of HKD36,500 5) for the amount of USD100,000

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    Ability Training

    Task (1-3)

    6) for an amount not exceeding total of JPY85000

    Try to tell if the following expiry place is in our favor

    or not.

    a) Drafts drawn under this credit must be presented

    for negotiation in China before 5th May, 2006.

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    Ability Training

    Task (1-4)

    b) This credit remains valid until May 5, 2006 for

    negotiation in London.

    c) Draft(s) accompanied by the documents specified

    herein must be presented to the drawee bank not later

    than May 5, 2006.

    d) Documents must be presented to us within 15 days

    after date of B/L date.

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    Letter of Credit (2-1)

    3. Drawn clause

    The drawn clauses stipulate what kind of draft isrequired.

    1) The credit is available with any bank by negotiation,

    against presentation of beneficiarys draft(s) at sight,

    drawn on us in duplicate and accompanied by the

    following shipping documents:

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    Letter of Credit (2-2)

    2) This credit is available by beneficiarys draft(s),

    drawn on issuing bank, in duplicate, without recourse,at sight, for 100% of the invoice value. Draft mustindicate the number and date of this credit

    4. About Shipping Documents

    Have a clear idea about the required title of the

    documents including the copies and the requirementsfor making.

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    Letter of Credit (2-3)

    3) We hereby establish our irrevocable L/C in your

    favor up to an aggregate amount of 35,900.00 (in

    words) available by your draft drawn at sight on us for100% invoice value.

    5. About Shipping Documents

    Have a clear idea about the required title of the

    documents including the copies and the requirementsfor making.

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    Letter of Credit (2-4)

    Clean On Board Bill of Lading, Signed Commercial

    Invoice, Packing List, Insurance Policy, Certificate of

    Origin, Certificate of Inspection etc. (See the exampleson P16-17)

    The documents should give clear indication of the title

    of the documents and copies, such as in duplicate/in two copies

    in triplicate/in three copies

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    Letter of Credit (2-5)

    in quadruplicate / in four copies

    in quintuplicate

    in sextuplicate

    Signed commercial invoice in duplicate

    Full set of (two originals and one copy)

    Clean on board ocean B/L (clean means no remarkson the B/L)

    3/3 or 2/3 B/L

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    Letter of Credit (2-6)

    Made out to order To order of the shipper / xxx Bank

    To bearer

    Delivery / Consigned to only blank endorsed /

    endorsed in blank / blank endorsement marked

    Freight Prepaid / paid / collect / to collect / to be

    collected

    (according to the price terms: CIF Freight Prepaid

    or Paid)

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    Letter of Credit (2-7)

    To bearer

    Delivery / Consigned to only blank endorsed /

    endorsed in blank / blank endorsement marked

    Freight Prepaid / paid / collect / to collect / to be

    collected

    (according to the price terms: CIF Freight Prepaid

    or Paid)

    notify applicant / opener / Corp.

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    Letter of Credit (2-8)

    6. Insurance Policy / certificate

    7. Certificate of Chinese origin / GSP Form A

    Certificate of Origin

    8. About description of goods DESCRIPTION OF GOODS; SHIPMENT OF

    GOODS;COVERING THE FOLLOWING

    GOODS; EVIDENCING SHIPMENT OF;SHIPMENTOF;COVERING THE FOLLOWING GOODS

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    Letter of Credit (2-9)

    BY(STEAMER);CONSIGNMENT;COVERING SHIPMENT;

    MERCHANDISE etc.

    9. About shipment/shipment clause

    Terms of shipment often includes the port of loadingand port of destination, and partial shipment andtransshipment allowed or not.

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    Letter of Credit (2-10)

    Examples:

    SHIPEMNT FROM TO

    SHIPMENT FROM TO W/T/VIA HONGKONG TRANSHIPMENT ALLOWED OLY IN

    HONGKONG

    TANSHIPMENT IS ALLOWED ONLY GOODS INCONTAINER

    LATEST SHIPMENT DATE; LATEST DATE OFSHIPMENT; SHIPMENT LATEST; SHIPMENTNOT LATER THAN

    http://sc.chinaz.com/html/icons/downpage/948382860.htm
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    Letter of Credit (2-11)

    10. About banking charges

    Banking charges usually refers to the charges of

    negotiation , notifying , amendment and postage a) All your banking charges are for beneficiarys

    account.unacceptable All banking charges outside issuing banks country are

    for account of beneficiary.acceptable

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    Letter of Credit (2-12)

    11. Discrepancy clause

    a) AN ADDITIOANL CHARGE OF USD15.00 FOR USDOLLARS L/C, CAD20.00 FOR CANADIAN DOLLARSL/C OR EQUIVALENT OF CAD 20.00 FOR L/CS INOTHER CURRENCEIES IS PAYABLE BY THEBENEFICIARY FOR EACH PRESENTINGDOCUMENTS WHICH DOES NOT STRICTLYCOMPLY WITH THE TERMS OF THIS L/C. AND

    RELATIVE AMOUNT WILL BE DEDUCTED FROMPROCEEDS AT TIME OF REIMBUSEMENT.

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    Letter of Credit (2-13)

    b) IF DOCUMENTS CONTAIN DISCREPANCIES, A SPECIALDISCREPANCY HANDLING FEEOF HKD200.00 WILL BECHARGED.

    c) A USD30.00 (OR EQUIVALENT) FEE SHOULD BEDEDUCTED FROM THE REIMBURSEMENT CLAIM FOREACH PRESENTATION OF DISCREPANT DOCUMENTSUNDER THIS DOCUMENTARY CREDIT. THIS CHARGESHOULD FOR THE ACCOUNT OF BENEFICIARY.

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    Letter of Credit (2-14)

    What is the reimbursement clause?

    Reimbursement clause

    a) We shall reimburse the negotiating bank as pertheir instructions upon our receipt of documents instrict compliance with the credit terms.

    b) We hereby engage with the drawers, endorsers andbona-fide holders of draft(s) drawn under and in

    compliance with the terms of the credit that the sameshall be duly. The amount of each draft must be

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    Letter of Credit (2-15)

    endorsed on the reversed of this credit by negotiationbank.

    What are the ways to pay if the issuing bank has thecorrespondent account with the negotiating bank?

    1 Authorize to debit the account of issuing bank In reimbursement, we hereby authorize you to debit

    our account with your bank (your head office Beijing)upon negotiation under your

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    Letter of Credit (2-16)

    advice to us.

    2) Authorize to credit the account of issuing bank.

    In reimbursement of your payment made under theL/C, we shall credit your account with us under yourtelex advice to us.

    12.Soft conditions

    1 This credit is not operative only after havingobtained the

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    Letter of Credit (2-17)

    import license and in any case only after our telex

    advice to you.

    2 The merchandise is subject to a subsequentinspection in Panama. If the specification of

    merchandise is not in conform with our standard,

    payment should be refused.

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    Ability Training

    Task (2-1)

    Go over the L/C on P20 and find out the needed

    information.

    1.What is the issuing bank?

    2.What kind of L/C is it?

    3.Who is the beneficiary?

    4.Who is the applicant?

    5.When is the L/C opened?

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    Ability Training

    Task (2-2)

    6. What is the L/C No.?

    7. What about the date and place of expiry of the

    L/C?

    8. What is the amount of the L/C?

    9. When is the latest date of shipment?

    10. How many original B/L are required?

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    Letter of Credit (3-1)

    What are the ways to issuing an L/C?

    There are two ways of issuing way:

    1. L/C is issuing by letters and sent by ordinary mail,air mail or express

    2. L/C is issuing by cable.

    1Brief cable advice: preliminary advice The beneficiary should not ship the goods with

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    Letter of Credit (3-2)

    the brief cable advice, because banks will not accept itand negotiate with it. Usually the cable states clearly

    with Full details to follow or Operative instrumentmailing or Mail confirmation to follow. Brief cableadvice is just for the beneficiary to get the goods ready.

    2by full cable/telex Its a legal L/C with all necessary details.

    3Swift

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    Letter of Credit (3-3)

    3Swift Explanation

    Sample of an L/C by telex.

    The credit is available with any bank by negotiation.

    The credit is available with freely negotiable by any

    bank.

    By negotiation/acceptance/payment.

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    Letter of Credit (3-4)

    Sample of an L/C by SWIFT

    Basic header

    Applicant header

    User header:

    (additional reading material)

    M/O M=mandatory O= optional How to get to know whether the L/C is operative

    instrument or not?

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    Letter of Credit (3-5)

    1) Seek whether there is any primary key or test keyin the L/C.

    2) Seek whether there are any sentences like as Noconfirmation instrument to followNo mailconfirmation to follow etc.

    Code Currency and amount.

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    Letter of Credit (3-6)

    Questions for discussion:

    Is it the maximum amount of the L/C?

    How do we do when we make out the invoice?

    The amount of the invoice should not be more thanthat of the L/C

    What is the date of expiry and what is the latest

    shipment? When should we present documents for negotiation?

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    Ability Training

    Task 3

    Read and understand the L/C on P113. Try to answer

    the following questions:

    What kind of L/C is it?

    Which bank is the opening bank?

    Is it a sight L/C or a time L/C? Why?

    What is the advising bank?

    Who is the drawee?

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    Letter of Credit (4-1)

    Supplementary Material:

    Swift L/C

    Example BASIC HEADER

    APPL. HEADER

    USER HEADER

    MT: 700 ISSUE OF A DOCUMENTARY CREDIT

    SEQUENCE OF TOTAL

    FORM OF DOCUMENTARY CREDIT

    DOCUMENTARY CREDIT NUMBER

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    Letter of Credit (4-2)

    DATE OF ISSUE

    DATE AND PLACE OF EXPIRY

    CURRENCY CODE, AMOUNT AVAILABLE WITH BY

    G.S.P CERTIFICATE OF ORGIN FORM A IN 3 COPIES

    INSURANCE POLICY OR CERTIFICATE IN DUPLICATE

    ENDOSED IN BLANK WITH CLAIM PAYABLE IN JAPAN IN THECURRENCY

    OF THE DRAFT COVERING 110 PERCENT OF INVOICE VALUEINCLUDING

    INSTITUTE WAR CLAUSES INSTITUTE CARGO CLAUSES(ALLRISKS)

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    Letter of Credit (4-3)

    INSTITUTE S.R.C.C. CLAUSES

    BENEFICIARYS CERTIFICATE STATING THAT

    ONE SET OF ORIGINAL

    SHIPPING DOCUMENTS INCLUDING

    CERTIFICATE OF ORGIN FORM A HAS

    BEEN SENT DIRECTLY TO THE APPLICANTATTN. OSALM SECTION WITHIN TWO DAYS AFTER SHIPMENT BY AIR

    COURIER.

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    Letter of Credit (4-4)

    ADDITIONAL CONDITIONS

    THIS CREDIT IS SUBJECT TO UNIFORM CUSTOMS ANDPRACTICE OF

    DOCUMENTARY CREDITS1993 REVIDIONI.C.C.PUBLICATION NO 500.

    T.T. REIMBURSEMENT UNACCEPTABLE

    THE GOODS MUST BE CONTAINERIZED

    A COPY OF CABLE ADVISING SHIPPING DETAILS FAX TOTHE ACCOUNTEE

    WITHIN 2 DAYS AFTER SHIPMENT.

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    Letter of Credit (4-5)

    CLEAN ON BOARD COMBINED TRANSPORT B/L OF ITOCHU

    EXPRESS CO.LTD IS ACCEPTABLE. ALL BANKING CHARGES AND COMMISSIONS INCLUDING

    REIMBURSEMENT

    COMM. OUTSIDE JAPAN ARE FOR A/C OF BENEFICIARY.

    PERIOD FOR

    PRESENTATIONS DOCUMENTS TO BE PRESENTED WITHIN 10 DAYS AFTER

    THE DATE OF

    SHIPMENT BUT WITHIN THE VALIDITY OF THE CREDIT

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    Letter of Credit (4-6)

    CONFIRMATION INSTRUCTIONWITHOUTINSTRUCTION TO BANK

    ALL SHIPPING DOCUMENTS TO BE SENT DIRECTTO THE OPENING

    OFFICE BY REGISTERED AIRMAIL IN ONE LOT

    UPON RECEIPT OF THE DRAFTS AND DOCUMENTIN ORDERWE WILL

    REMIT THE PROCEEDS TO YOUR ACCOUT WITH

    THE BANK DESINATED BY YOU.

    TRAILER

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    Letter of Credit (4-7)

    Homework Review what have learnt today.

    Read L/Cs on page 110 ,116. Try to

    understand all the terms and conditions in the

    L/C.