Professional Documents
Culture Documents
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7. Regulatory Documents
○ These are prescribed by various government departments/bodies for compliance of formalities under
relevant laws governing export transactions. These include:
○ Exchange Control Declaration Form-GR Form
○ Freight Payment Certificate
○ Insurance Premium Payment Certificate
○ ARE I/ARE II Forms
○ Shipping Bill/Bill of Export
○ Port Trust Copy of Shipping Bill/Export Application/Dock Challan
○ Receipt of Payment of Port Charges
○ Vehicle Ticket
A. Invoice
1) Proforma Invoice:
A proforma invoice is a quote in an invoice format that may be required by the buyer to
apply for an import license, contract for pre-shipment inspection, open a letter of credit or
arrange for transfer of hard currency.
A proforma may not be a required shipping document, but it can provide detailed
information
that buyers need in order tole gally import the product.
Proforma invoices basically contain much of the same information as the formal quotation,
and in many cases can be used in place of one. It should give the buyer as much information
about the order as possible so arrangements can be made efficiently. The invoices inform
the buyer and the appropriate import government authorities details of the future shipment;
changes should not be made without the buyer’s consent.
As mentioned for the quotation, the points to be included in the proforma are:
1. Seller’s name and address
2. Buyer’s name and address
3. Buyer’s reference
4. Items quoted
5. Prices of items: per unit and extended totals
6. Weights and dimensions of quoted products
7. Discounts, if applicable
8. Terms of sale or Incoterm used (include delivery point)
9. Terms of payment
10. Estimated shipping date
11. Validity date
For example, country A does not require person X to have a visa before entering the country
but person X is in country B which requires a visa from country A in order to allow X to
depart. In that case country A may issue a pro-forma visa to X, meaning the only object of
the visa is to satisfy the formal requirement for X to have a visa and not any real requirement
by country A.
2) Commercial Invoice:
A commercial invoice is document used in foreign trade. It is used as a customs
declaration provided by the person or corporation that is exporting an item across
international borders. Although there is no standard format, the document must include a few
specific pieces of information such as the parties involved in the shipping transaction, the
goods being transported, the country of manufacture, and the Harmonized System codes for
those goods. A commercial invoice must also include a statement certifying that the invoice
is true, and a signature. A commercial invoice is primarily used to calculate tariffs.
3)Consular Invoice:
Certification by a consular or government official covering an international shipment of
goods. A consular invoice, obtained from the consul of the importing country at the point of
shipment, insures that the exporter's trade papers are in order and the goods being shipped
do not violate any laws or trade restrictions.
B. Certificate
4) Certificate Of Origin:
A Certificate of Origin (often abbreviated to CO or COO) is a document used in
international trade. It traditionally states from what country the shipped goods originate, but
"originate" in a CO does not mean the country the goods are shipped from, but the country
where their goods are actually made. This raises a definition problem in cases where less
than 100% of the raw materials and processes and added value are not all from one country.
An often used practice is that if more than 50% of the sales price of the goods originate from
one country, that country is acceptable as the country of origin (then the "national content" is
more than 50%). In various international agreements, other percentages of national content
are acceptable.
of the vessel. The possessor of the mate's receipt is entitled to the bill of lading,
in exchange
for that receipt.
2)Bill of Lading:
A bill of lading (sometimes referred to as aB OL, orB/L) is a document issued by a carrier
to a shipper, acknowledging that specified goods have been received on board as cargo for
conveyance to a named place for delivery to the consignee who is usually identified. Athr
ough bill of lading involves the use of at least two different modes of transport from road,
rail, air, and sea. The term derives from the verb "to lade" which means to load a cargo onto
a ship or other form of transportation.
A bill of lading can be used as a traded object. The standard short form bill of
lading is
evidence of the contract of carriage of goods and it serves a number of
purposes:
•
It is a receipt signed by the carrier confirming whether goods matching the contract
description have been received in good condition (a bill will be described asc le an if the
goods have been received on board in apparent good condition and stowed ready for
transport); and
•
It is also a document of transfer, being freely transferable but not a negotiable instrument in
the legal sense, i.e. it governs all the legal aspects of physical carriage, and, like a cheque or
other negotiable instrument, it may be endorsed affecting ownership of the goods actually
being carried. This matches everyday experience in that the contract a person might make
with a commercial carrier like FedEx for mostly airway parcels, is separate from any contract
for the sale of the goods to be carried, however it binds the carrier to its terms, irrespectively
of who the actual holder of the B/L, and owner of the goods, may be at a specific moment.
Types of Bill of Lading
Straight bill of lading : This bill states that the goods are consigned to a specified
person and it
is not negotiable free from existing equities, i.e. any endorsee acquires no better rights than
those held by the endorser. So, for example, if the carrier or another holds a lien over the
goods as security for unpaid debts, the endorsee is bound by the lien. Although, if the
endorser wrongfully failed to disclose the charge, the endorsee will have a right to claim
damages for failing to transfer an unencumbered title. Also known as a non-negotiable bill of
lading; and from the banker's point of view this type of bill of lading is not safe.
Order bill of lading : This bill uses express words to make the bill negotiable, e.g. it
states that
delivery is to be made to the further order of the consignee using words such as "delivery to
A Ltd. or to order or assigns". Consequently, it can be endorsed by A Ltd. or the right to take
delivery can be transferred by physical delivery of the bill accompanied by adequate
evidence of A Limited’s intention to transfer.
Bearer bill of lading : This bill states that delivery shall be made to whosoever holds
the bill.
Such bill may be created explicitly or it is an order bill that fails to nominate the consignee
whether in its original form or through an endorsement in blank. A bearer bill can be
negotiated by physical delivery.
Surrender bill of lading : Under a term import documentary credit the bank releases
the
documents on receipt from the negotiating bank but the importer does not pay the bank until
the maturity of the draft under the relative credit. This direct liability is called Surrender Bill of
Lading (SBL), i.e. when we hand over the bill of lading we surrender title to the goods and
our power of sale over the goods.
1)Airway Bill:
Air Waybill(AWB) or air consignment note refers to a receipt issued by an
international
courier company for goods and an evidence of the contract of carriage, but it is not a
document of title to the goods. Hence, the AWB is non-negotiable. The AWB has a tracking
number which can be used to check the status of delivery, and current position of the
shipment. The number consists of a three digits airline prefix issued by IATA and an 8 digit
number.
The first three copies are classified as originals. The first copy is retained by the issuing
carrier or their appointed agent. The 2nd copy by the receiving carrier or their appointed
agent. The 3rd copy is used as Proof Of Delivery (POD). The goods in the air consignment
are consigned directly to the party (the consignee) named in the letter of credit (L/C). Unless
the goods are consigned to a third party like the issuing bank, the importer can obtain the
goods from the carrier at destination without paying the issuing bank or the consignor.
Therefore, unless a cash payment has been received by the exporter or the buyer's integrity
is unquestionable; consigning goods directly to the importer is risky.
For air consignment to certain destinations, it is possible to arrange payment on a COD
(cash on delivery) basis and consign the goods directly to the importer. The goods are
released to the importer only after the importer makes the payment and complies with the
instructions in the AWB. The AWB must indicate that the goods have been accepted for
carriage, and it must be signed or authenticated by the carrier or the named agent for or on
behalf of the carrier.
E. EXCHANGE CONTROL DOCUMENTS
2) GR FORM:
It is an exchange control document which is to be submitted to the RBI after clearance from
the customs authorities. It is designed mainly to furnished guarantee to the RBI to remit the
foreign exchange earned from the export shipment within 180 days from the date of export.
3)PP FORM:
It is also an exchange control document. It is used in place of form GR when
goods are
exported by post parcel.
F. PAYMENT DOCUMENTS
12) Bill of exchange:
A bill of exchange or "draft" is a written order by thedr awer to thedr awee to pay
money to the
payee. A common type of bill of exchange is the cheque, defined as a bill of
exchange drawn
on a banker and payable on demand. Bills of exchange are used primarily in international
trade, and are written orders by one person to his bank to pay the bearer a specific sum on a
specific date. Prior to the advent of paper currency, bills of exchange were a common means
of exchange. They are not used as often today.
A bill of exchange is an unconditional order in writing addressed by one person to another,
signed by the person giving it, requiring the person to whom it is addressed to pay on
demand or at fixed or determinable future time a sum certain in money to order or to bearer.
It is essentially an order made by one person to another to pay money to a third person. A
bill of exchange requires in its inception three parties--the drawer, the drawee, and the
payee.
The person who draws the bill is called the drawer. He gives the order to pay money to third
party. The party upon whom the bill is drawn is called the drawee. He is the person to whom
the bill is addressed and who is ordered to pay. He becomes an acceptor when he indicates
his willingness to pay the bill. The party in whose favor the bill is drawn or is payable is
called the payee. The parties need not all be distinct persons. Thus, the drawer may draw on
himself payable to his own order.
A bill of exchange may be endorsed by the payee in favour of a third party, who may in turn
endorse it to a fourth, and so on indefinitely. The "holder in due course" may claim the
amount of the bill against the drawee and all previous endorsers, regardless of any
counterclaims that may have disabled the previous payee or endorser from doing so. This is
what is meant by saying that a bill is negotiable. In some cases a bill is marked "not
negotiable". In that case it can still be transferred to a third party, but the third party can have
no better right than the transferor.
G. MISCELLANEOUS DOCUMENTS
13) MARINE INSURANCE:
Marine Insurance covers the loss or damage of ships, cargo, terminals, and any
transport or
property by which cargo is transferred, acquired, or held between the points of
origin and final
destination.
A typical bill of entry includes a description of the goods in the shipment, including details
and the quantity of the goods, along with an estimate of their value. Customs officials
reserve the right to inspect the shipment to determine whether or not it is consistent with the
bill of entry, and discrepancies can be grounds for legal proceedings. Once a bill of entry has
been reviewed and the shipment has been inspected, it can be cleared for sale or transfer. If
there is a problem, customs may opt to confiscate the goods.
Many nations have specific laws about how bills of entry should be formatted and presented.
It is important to have accurate documentation, or goods can be held up in customs. This
can cause an inconvenience in some cases, and spoilage or destruction of the goods in
others; a shipment of fruit, for example, will not hold up through a lengthy retention by
customs while details of the shipment are worked out.
In addition to a bill of entry, goods may also need additional supporting paperwork. Works of
art, for example, may need to be accompanied by certificates of provenance. Archaeological
artifacts also need to be accompanied by paperwork indicating that their release has been
approved by the government, and describing the purpose for which the artifacts are being
moved across international borders. This is designed to prevent the illegal sale and trade in
priceless cultural artifacts.
Companies keep copies of their bills of entry on record as part of their financial paperwork;
they need to be able to track the movement of shipments. These forms are also used by
customs officials to track the type of goods being moved over their borders, and in the case
of objects with import and export quotas, to make sure that these quotas are not exceeded.
This paperwork is also used in the preparation of statistics which are designed to shed light
on a nation's economic health and trade balance with other nations.
2. CERTIFICATE OF INSPECTION:
Inspection report or report of findings is required by some importers and/or importing
countries. Please see the sample Inspection Report. The export-trader uses such a report in
the inspection of goods purchased from a manufacturer. The export-manufacturer also uses
such a report in the inspection of its own productions.
In case an inspection certificate is required, the importer may stipulate in the
letter of credit
(L/C) to use a specific independent surveyor.
In the case of a foreign government required pre-shipment inspection, which is stipulated in
the L/C, the report of findings can be in the form of a security label attached on the invoice.
The label bears the number and date of the corresponding report of findings issued by the
foreign government engaged surveyor.
3. CERTIFICATE OF MEASUREMENT:
There are two ways how freight can be charged i.e. on the basis of weight or measurement.
When freight is charged on the basis of weight, the weight declared by the exporter is
accepted. However, the exporter can obtain certificate of measurement either from the
Indian chamber of commerce or any other approved organization and submitted to the
shipping company for calculation of applicable freight. The certificate contains detail like
name of the vessel, port of destination, description of goods, length, breadth, quantity,
depth, etc. of the packages.
4. FREIGHT DECLARATION:
When the importer agrees to pay the freight or the overseas supplier pays the
freight; in both
the cases freight declaration is needed from the overseas supplier.
5. FUMIGATION CERTIFICATE:
In order to ensure safety against spread of harmful virus importer insist on fumigation
certificate where the cargo includes plants & weeds. Unless his certificate is provided the
cargo will not be allowed to enter into their countries. The exporter is responsible to carry out
fumigation & also obtain a certificate from the prescribed agency. Serious complications will
arise in the certificate from the exporter. The certificate will enable importers easy clearance
of goods.