Professional Documents
Culture Documents
• the basic considerations that sellers and buyers need to bear in mind
before entering into a binding export/import transactions.
• the role of various intermediaries who may be involved in an
export/import transaction.
• principles that apply to the relationship between a bank and its
international trading customer;
• the range of payment and documentary services that are offered by banks
to importers and exporters, covered in detail in later chapters, with a
summary of the balance of risk associated with each payment method;
• how banks work with banks in other countries, their correspondents, to
effect payments and deliver documentary services.
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3.2 Before entering into a transaction with a new 3.2 Before entering into a transaction with a new
counterparty Counterparty (continue ...)
In purely domestic transactions, it is usually possible for a prudent PESTLE
business to obtain information on potential new business partners. It
may be possible to visit the other party, obtain a bank reference, or The PESTLE model is often used to assess the impact of external factors that
seek formal advice from trade associations or informal advice from affect a business and the market in which it operates.
others in the same trade. Communication, including face-to-face
It stands for:
meetings, is relatively straightforward compared to dealing with
businesses located overseas.
• Political
• Economic
International business transactions need the same degree of due • Social
diligence as domestic transactions, and there are additional potential • Technological
complications, such as fraud or sanctions, which are less likely to be • Legal
an issue in purely domestic business. Before proceeding in a • Environmental
transaction with a new counterparty located overseas, a business
should undertake a preliminary analysis based on the well-known These are the factors that a business must contemplate before entering into
PESTLE system. an overseas market.
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The following examples indicate “warning sign” that should put a business
Before entering into a contract with a counterparty, the business might
on its guard.
proceed as follows:
• Check creditworthiness via an international credit reference agency. • Bribery – if a “facilitation fee” is required, take legal advice to ensure
• Ask for references. the incentive is lawful.
• Check reputation with an overseas trade body, if such a body exists for • Failure of the counterparty to give clear answers to basic questions
the type of transaction under consideration.
regarding financial or technical issues.
• See whether the seller’s own bank can obtain a status report via the
• Lack of business logo, or an email address from Gmail or yahoo or
banking system.
• Examine the published accounts similar that suggest a personal email as opposed to a website with a
• Obtain bank account details, such as the IBAN if in a country that uses registered domain name.
these (see section 3.8.3). • An inappropriate address – if the business dealing with such
transactions are located in a particular district, take care if your
potential counterparty’s address is somewhere else.
• Be aware of which factors can give rise to a suspicious
transaction and what constitutes ‘suspicion’
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• If the goods are despatched by a transport company that is on a sanctions list or owned by a
government or resident of a country subject to sanctions, this will also result in a breach of the
rules.
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3.4 Marine Cargo Insurance 3.4 Marine Cargo Insurance (continue ...)
Whenever goods are in transit, there is an obvious risk of loss or damage which could have
serious consequences for either the buyer of the seller, or both. Marine freight insurance is a specialist area, so it may be wise to consult an
expert marine broker registered with Lloyd’s. Alternatively, the freight
The term “marine cargo insurance” covers transport of goods in any mode, including road, forwarder could be instructed to arrange the insurance. In such cases, the
rail and air as well as by sea. seller or buyer may benefit from the ‘bulk buying power’ of the freight
forwarder, who will be handling insurance for many clients.
The Incoterm®, which should be specified in the commercial contract of sale, will
clarify the point or place of ‘delivery’: the point when risk and liability pass from seller
to buyer. However, there are only two out of the 11 Incoterms® 2010 (CIF and CIP)
that actually state who is specifically liable for providing insurance and which
effectively require documentary evidence that insurance has been effected. If one of
the other Incoterms® is used, the contract of sale should specify from which point the
liability for the goods passes from one entity to the other.
If the seller fears that the buyer may not insure the goods for the part of the journey
that is their responsibility, then the seller could arrange, and pay for, sellers’ interest
insurance. Sellers’ interest insurance would compensate the seller if the goods were
damaged in transit and as a result the buyer could not pay for them. The buyer
should not be advised of the existence of any sellers’ interest insurance.
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3.5 Intermediaries used in indirect exporting 3.5 Intermediaries used in indirect exporting
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• Confirming houses are not a route to entry for an exporting company. They are • Agent is a third party appointed by the exporting company to act on its behalf to
firms commissioned by a foreign buyer to find products from the country of the market and sell its product or service in a particular geographical territory or
seller. industry sector.
• Agents are often employed on a commission basis and usually work for a
• They will seek to obtain the product at the lowest price and will be paid a number of non-competing companies.
commission by their foreign client. • Generally, they will negotiate a retainer fee and any subsequent sales will
generate a commission.
• In some instances, confirming houses may be foreign government agencies or • Because they are self-employed, the more sales they can generate, the more
quasi-government firms that are tasked with promoting export trade for their they can earn.
country. • Agency agreements are drawn up between the exporting company (the
principal) and the agent, so the exporting company can be assured of having
• They offer a guarantee of payment to the seller from the buyer, which is useful if some control over who its goods are sold to and at what price.
the buyer has a poor credit rating. • The agreement also defines the territory where the agent is allowed to market its
product, so in any one country it is not unusual for a company to employ the
• Some export credit agencies can fulfil the role of the confirming house. services of several agents.
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Distributors
• Fulfils a similar role to an agent, with the main difference that the distributor
usually makes an outright purchase of the goods and then sells them on, again
in a specified territory, at a profit.
• Using a distributor provides an advantage to the seller, as they are not usually
responsible for any losses or claims incurred by the distributor.
• The main disadvantage is that as the goods have been sold to the distributor,
the seller has less control over where and how they are sold. The distribution
agreement can provide some protection.
• Distribution agreements can either be sole distributorships, where the sole rights
to sell the product or service in a particular market are granted, or a selective
distributorship, where restrictions are applied as to whom (and under what
conditions) the product or service can be sold.
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Transfers made under such systems were once called ‘mail transfers’ (MTs), World’s largest secure financial messaging system
‘cable/telegraphic transfers’ (TTs) or ‘wire transfers’ and, for a long time, these systems
ran side by side, with all being used depending on the urgency of the transfers in SWIFT (Society for Worldwide Interbank Financial
question. Nowadays, funds transfer instructions are sent between banks almost
instantaneously through the interlinking of computers, using systems such as ‘SWIFT’,
Telecommunication) is a co-operative owned by its members.
and such transfers tend to be called ‘international payments’, ‘priority payments’,
‘express payments’, or ‘ordinary’ or ‘urgent’ payments, depending on the bank and type It operates the world’s largest secure financial messaging platform for
of payment required. Authentication is by encryption built into the system. communicating payment and information relating to payments.
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3.8.2 Nostro and Vostro Accounts 3.8.2 .1 Bookkeeping for transfers of funds
The following examples outline the bookkeeping for a French bank customer transferring funds
As well as transmitting instructions to one another authorising transfers, banks need to to the bank account of a beneficiary abroad. It assumes that an account relationship exists
have systems for settling up with each other financially in respect of such payments between the respective banks.
and, when different currencies are involved, nostro and vostro accounts are used. The
word ‘nostro’ means ‘our’ and ‘vostro’ means ‘your’. EXAMPLE 1
In this example the funds being transferred are denominated in euro.
Banks treat their nostro accounts in the same way as any other customer would treat The French customer is debited with the euro amount, plus charges, and this amount is credited to the euro
their bank account. The bank will maintain its own record of the nostro account, known account of the overseas bank (this is a vostro account from the French bank’s point of view).
as a ‘mirror account’, and will reconcile the bank statements against these mirror On receipt of the advice, the overseas bank withdraws the euro from the vostro account, converts it to local
accounts (Wang, 2004). currency, and then credits the beneficiary with the currency equivalent, less its charges.
EXAMPLE 2
To maintain accurate records, the bank tries to value-date all transactions: the bank In this example the transfer is denominated in foreign currency.
estimates the date on which authorised transactions will actually be debited or credited The customer is debited with the euro equivalent, plus charges, of the required currency amount and the
to the nostro account and it uses these dates in its mirror account (Wang, 2004). nostro account is credited with the currency (if the French customer maintains a foreign currency account,
Value-dating of transactions is not possible everywhere – in these cases, credit or debit then the appropriate currency amount can be debited to that account, and there will be no need to arrange
interests will be calculated. for conversion into euro).
The overseas bank is advised that it can debit the nostro account with the requisite amount of currency and
credit the funds to the account of the beneficiary.
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3.8.3 Use of IBAN and BIC 3.8.3 Use of IBAN and BIC
EXAMPLE OF AN IBAN
An IBAN identifies a specific bank account and makes it easier to process
payments across borders. A typical IBAN can be up to 32 characters long
and would appear as follows: GB15MIDL40051512345678.
The IBAN consists of the country code (GB), a check digit (15), the bank
code (MIDL), followed by a sort code (400515) and an account number
(12345678).
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CHAPS payments in euro involve a linkage between the RTGS systems of each
European country, a system called TARGET 2. TARGET 2 provides a direct
payment platform in Europe without the involvement of the member country’s
own RTGS systems.
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If the domestic bank of the company is a member of a group of banks with Payments can also be made with bank drafts, a form of cheque
representation in the country with which it is trading, opening an overseas bank drawn by a buyer’s bank, payable to the seller and drawn on the
account can be a most efficient means of managing and transferring money. For buyer’s bank’s correspondent in the seller’s country.
example, a bank with an overseas subsidiary may offer a service that gives its
customers with overseas accounts held with that subsidiary the ability to transfer
If the draft is in the seller’s own currency, the funds can be credited
money instantly between the two countries, giving payment instructions online.
directly to the seller’s account. If the draft is not in the seller’s
The foreign bank may also offer specialised services such as zero-balancing, currency, its bank may negotiate the draft and credit the local
netting, sweeping, etc – all of which enable a company to optimise its cash currency equivalent at the prevailing exchange rate, subject to any
position. charges.
Otherwise, the bank will send the draft to the drawee bank for
collection of the proceeds. Settlement between the banks will be
via the nostro and vostro accounts.
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A buyer can pay by issuing its own cheque, subject to local In some countries, sending a cheque abroad may contravene the exchange control
exchange control regulations. The seller’s bank may either agree regulations of the buyer’s government. The buyer’s bank and the beneficiary’s bank
to negotiate the cheque – credit the seller’s account immediately – usually impose heavy charges for handling such cheques.
or send the cheque to its correspondent to obtain payment, ie via a
documentary collection. There is an inevitable delay between the time when the cheque is collected and the time
when funds are actually remitted by the buyer’s bank.
Negotiation will involve a charge to the seller to cover the interest
cost to the bank for the period between making and receiving One method of speeding up the process of clearing cheques is to use a ‘lockbox’ facility,
payment. This charge can be built into the exchange rate if the which is particularly useful for sellers who sell to the USA and who are paid by the buyer’s
cheque is in a foreign currency. Negotiation will be ‘with recourse’, cheque. The buyer is instructed to post the cheque to a post office (PO) box address in
ie if the cheque is unpaid, the bank will debit the seller’s account to the USA. A local bank opens the ‘lockbox’ at least once a day and initiates the clearing of
recover the amount originally negotiated. Negotiation facilities are the cheques. This process dramatically reduces the clearing time because the cheque
therefore at the bank’s discretion. itself does not have to go from the USA to the originating country and back again. Banks
may be able to organise ‘lockbox’ facilities by making arrangements with correspondent
A collection means that the seller will only get funds when its bank banks abroad.
receives payment from the buyer’s bank.
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CLS is the name of an institution owned by and operated for banks engaged in large multi-
CHEQUE CLEARING. The process of presenting currency inter-bank settlements of moneys owed to other CLS participants, particularly for
intra-day (same-day) foreign exchange transactions.
cheques for payment.
The benefits to bank participants are:
Over 20m cheques are used in the USA every day, but • elimination of settlement risk: the risk that one bank owing money to another does not
pay;
this is just a third of the total presented 20 years ago
• cost efficiency;
(Federal Reserve, 2018). In many regions, particularly • ease of management for the department of the bankthat
Europe, the use of cheques is declining rapidly, and reconcile payments made and due.
some places have eliminated them altogether, such as
Finland and Poland. At the height of the global financial crisis, some financial markets (such as the
short-term inter-bank deposit and borrowing markets) ‘froze’. However, the foreign
exchange markets continued to function. Many commentators believe that it was the
guarantee afforded by the CLS process that ensured confidence, and hence liquidity
continued to be available.
The use of CLS has reduced the number of bank nostro/vostro account
relationships.
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ANSWER
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The End
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