Professional Documents
Culture Documents
) –201306
Q1. With the help of diagram, explain the Mechanism of Letter of Credit. (5 Marks)
Answer
The most secure instrument that is Letter of Credit L/c also known as Documentary Credit is a
widely used term to make payment secure in domestic and international trade. A Letter of Credit is
a bank- to-bank commitment of payment in favour of an exporter (the Beneficiary), undertaking
that payment will be made against certain documents that, on presentation, are found to be in
compliance with terms set by the buyer (the Applicant).
MECHANISM (LC)
CONTRACTS IN LC
The sale contract between exporter & importer.
The contract between importer & the issuing bank.
The contract between issuing bank & the beneficiary.
1
Buyer and seller agree on a commercial transaction.
Buyer applies for opening letter of credit.
Issuing bank issues the letter of credit (LC) in favour of beneficiary.
Advising bank advises seller than an LC has been opened in his favor.
Example:
Suppose M/s ABC India &Co a Indian company who is dealing in decorative lights wants to purchase
/ Import decorative lights from China. After some search he has zeroed in on one supplier named
M/s XYZ China & Co who is willing to supply required quantity and quality at competitive rates.
So M/s ABC India &Co and M/s XYZ China & Co enter into negotiation for supply of goods
(decorative lights). While going through the negotiation stages M/s XYZ China & Co asks for full
advance payment before supply can be made as they were doing business fist time and had little
trust on each other. M/s ABC India &Co replied that he cannot pay in advance but will pay as soon
as the goods are received by him (open Account basis, reason lack of trust) as M/s ABC India &Co
was also not sure whether M/s XYZ China & Co is going to fulfil his promise of supply of goods
after receiving full payment in advance.
So there was a little impasse and negotiations were about to fail as nobody wanted to be at
disadvantage as far as sales contract was concerned.
M/s ABC India &Co narrated this situation to his banker and asked for some help. After discussing
the matter with his banker and way out suggested by his banker, M/s ABC India &Co again
approached M/s XYZ China & Co with the following proposal:
M/s ABC India &Co suggested that he can ensure payment to M/s XYZ China & Co by way of
an irrevocable undertaking called Letter Of Credit from his banker in favour of M/s XYZ China &
Co provided goods are supplied as per their contract terms and documents in support of goods
having been shipped as per contract terms are presented to M/s ABC India &Co banker within
specific time.
M/s XYZ China & Co immediately agreed to this proposal as now he was sure of this payment
which was guaranteed by M/s ABC India &Co banker subject to production of documents and M/s
ABC India &Co was also happy as he was also assured of supply of goods before making any
payment to M/s XYZ China & Co.
So they enter into a sales agreement with payment terms clause that settlement of payment of this
contract will be by way of Letter Of Credit issued by M/s ABC India &Co banker in favour of
M/s XYZ China & Co.(this is called sales or purchase contract and is basis for issuance of any
Letter Of Credit)
Q2 Discuss the role and responsibilities of seller and buyer in INCO terms 2020? (5 Marks)
SOLUTION
Incoterms 2020 are a set of internationally recognized trading terms, defined by the International
Chamber of Commerce (ICC), which are used for the purchase and shipping of goods in the international
market place.
Each INCOTERM refers to a type of agreement for the purchase and shipping of goods internationally.
There are 11 different terms, each of which helps users deal with different situations involving the
movement of goods. For example, the term FCA is often used with shipments involving Ro/Ro or
container transport.
INCOTERMS also deal with documentation required for global trade, specifying which parties are
responsible for which documents. Determining the paperwork required to move a shipment is an
important job, since requirements vary so much between countries. Two items, however, are standard:
commercial invoice and the packaging list.
INCOTERMS were created primarily for people inside the world of global trade. Outsiders frequently
find them difficult to understand. Seemingly common words such as "responsibility" and "delivery" have
different meanings in global trade than they do in other situations. In global trade, "delivery" refers to
seller fulfilling the obligation of the terms of sale or to completing a contractual obligation. "Delivery"
can occur while the merchandise is on a vessel on the high seas and the parties involved are thousands of
miles from the goods. In the end, the terms wind up boiling down to a few basic specifics; COST: who is
responsible for the expenses involved in a shipment at a given point in the shipment's journey,
CONTROL: who owns the goods at a given point in the journey and LIABILITY: who is responsible for
paying damage to goods at a given point in a shipment's transit. It is essential for shippers to know the
exact status of their shipments in terms of ownership and responsibility. It is also vital for sellers &
buyers to arrange insurance on their goods while the goods are in their "legal" possession. Lack of
insurance can result in wasted time, lawsuits, and broken business relationships.
INCOTERMS are most frequently listed by category. Terms beginning with F refer to shipments where
the seller does not pay for the primary cost of shipping. E-terms occur when a seller's responsibilities are
fulfilled when the goods are ready to depart from their facilities. D terms cover shipments where the
shipper/seller's responsibility ends when the goods arrive at some specific point. Because shipments are
moving in a country, D terms usually involve the services of a customs broker and a freight forwarder. In
addition, D terms also deal with the pier or docking charges found at virtually all ports and determining
who is responsible for each charge.
S=Seller, B= Buyer
EXW FCA FAS FOB CPT CFR CIF CIP DPU DAP DDP
Loading at Origin B S S S S S S S S S S
Export Customs
B S S S S S S S S S S
Declaration
Carriage To Port of Export B S S S S S S S S S S
Unloading of Truck in Port
B B S S S S B S S S S
Of Export
Loading On
Vessel/Airplane in Port Of B B B S S S S S S S S
Export
Carriage (sea/air) to Port
B B B B S S S S S S S
of Import
Insurance B B B B B B S S S S S
Unloading in Port of
B B B B B/S B B B/S S S S
Import
Loading on Truck in Port
B B B B B/S B B B/S S S S
of Import
Carriage to Place of
B B B B S B B S S S S
Destination
Import Customs Clearance B B B B B B B B B B S
Import Duties & Taxes B B B B B B B B B B S
Unloading at Destination B B B B B B B B S B B
EXW - Ex-Works (named place of delivery)
One of the simplest and most basic shipment arrangements places the minimum responsibility on the
seller with greater responsibility on the buyer. In an EX-Works transaction, goods are basically made
available for pickup at the shipper/seller's factory or warehouse and "delivery" is accomplished when the
merchandise is released to the consignee's freight forwarder. The buyer is responsible for making
arrangements with their forwarder for insurance, exports clearance and handling all other paperwork.
FCA - Free Carrier (named place of delivery)
In this type of transaction, the seller is responsible for arranging transportation, but he is acting at the
risk and the expense of the buyer. Where in FOB the freight forwarder or carrier is the choice of the
buyer, in FCA the seller chooses and works with the freight forwarder or the carrier. "Delivery" is
accomplished at the predetermined port or destination point and the buyer is responsible for insurance.
The terminal can be a Port, Airport, or inland freight interchange, but must be a facility with the
capability to receive the shipment. If the seller is not able to organize unloading, they should consider
shipping under DAP terms instead.
All charges after unloading (for example, Import duty, taxes, customs and on-carriage) are to be borne
by buyer. However, it is important to note that any delay or demurrage charges at the terminal will
generally be for the seller's account.
Once goods are ready for shipment, the necessary packing is carried out by the seller at his own cost, so
that the goods reach their final destination safely. All necessary legal formalities in the exporting
country are completed by the seller at his own cost and risk to clear the goods for export.
After arrival of the goods in the country of destination, the customs clearance in the importing country
needs to be completed by the buyer, e.g. import permit, documents required by customs and etc.,
including all customs duties and taxes.
Under DAP terms, all carriage expenses with any terminal expenses are paid by seller up to the agreed
destination point. The necessary unloading cost at final destination has to be borne by buyer under DAP
terms.