Professional Documents
Culture Documents
Q.1 You are a manager in the Export firm and planning to export your (4+16)
products. In this connection, state various commercial documents required
for the export. Explain the features of each commercial document.
Q.2 (i) What are the basic principles of operation of ECGC? Describe the (5+5)
procedure for taking a policy from ECGC.
(ii) Explain the procedure for making claim from ECGC along with the (10)
documentation formalities.
Q.3 Do you think that containerization has become a predominant form of (6+7+7)
unitized transport? Discuss and explain the features of Liner and Tramp
Shipping Services.
(iii) There are no reasons for securing insurance cover by the exporter.
(iv) Export houses are not entitled to get any special benefits.
Proper documentation is an integral part of the life cycle of an export business and to keep track of various export transactions.
At every stage of setting up and running an export business, you will have to apply, submit, obtain and produce documents
along the way. Be it the partnership deed of your export firm, your PAN Card , current account documents, the IEC Code or the
RCMC, you will have to wade your way through a pile of documents and paperwork to become export ready. Also don’t forget
the documents that you will need every time you accept an export order.
✓ Commercial Invoice cum Packing List (As per the Central Board of Excise and Customs circular under the Customs Act,
separate commercial invoice and packing list are acceptable)
However, besides these core three, there are other documents which you may require when you try to ship overseas. A list of
the paperwork typically required in the export of goods is given below.
Commercial Invoice
Once the goods are packed and ready, a Commercial Invoice is prepared by the exporter. The Customs counter signs it before
shipping.
Packing List
If there is more than one item to be exported, a packing list, listing the various items to be shipped, is mandatory.
Certificate of Origin
Certificate of Origin is a notarized affidavit which indicates the place where the goods are manufactured.
Bill of exchange
This is an internal document that is generated by the exporter which instructs the importer to pay the amount mentioned to
the exporter or the payee bank.
Letter of Credit
Although not part of the shipment process, a Letter of Credit is an essential document generated while honoring a buyer’s
purchase order. It is issued by the buyer’s bank, which undertakes to pay you at the end of the credit period on behalf of the
buyer. However, it is not required if the payment is in the Documents against Payments or Documents against Acceptance
modes.
Inspection/Quality check
An importer can insist on inspection or QC of the goods before shipping to verify quality, as well as check for adherence to
proper packing parameters. The exporter should keep documents verifying such fulfilment ready as well.
Mate’s Receipt
With documents like a Certificate of Origin, Commercial Invoice, Export Order, Letter of credit, Certificate of Inspection and
Marine Insurance Policy in place, the cargo can enter the port and onto the dock. Once the shipment is loaded into the carrier,
the Mate’s Receipt is issued, confirming the same.
Shipping bill
This is a customs document which can be generated from the dedicated portal electronically. All exporters must submit this
document to acquire clearance for exports from Customs.
Important Note: It must be noted that these document requirements may evolve over time, depending on the prevalent
statutes and amendments therein. Exporters can voice their opinion on these requirements to their respective Export
Promotion Councils and FIEO, who in turn can pass on these comments and feedback to the government. Although there are
no established routes for exporters to ‘influence’ or reach out to policymakers, these bodies act as a bridge between the
government and exporters, and their lines of communication are always open for exporters in the form of websites and
physical offices.
Q.2 (i) What are the basic principles of operation of ECGC? Describe the procedure for
taking a policy from ECGC.
Ans:-
1. The spread of Risk: An exporter is required to insure all the shipments that may be made by him during
the next two years. To avoid undue difficulty to the exporters, exceptions have been made in respect of
transactions made against
Shipments made to agents and associates may also be excluded. Where the exporter deals in different
types of goods, he may exclude those items which are not of an allied nature, The basic idea is that the
exporter is not allowed to pick and choose bad risks only for insurance. This is also necessary to reduce
Premier in general. It is open for the exporter to take political cover for transactions under this Para.
2. An exporter is a co-insurer: ECGC normally pays 90 percent of the losses on account of political or
commercial risks. In the event of loss due to a repudiation of contractual obligations by the buyer, ECGC
indemnifies the exporter up to 90 percent of the loss. In this situation, a final and enforceable decree against
the overseas buyer is obtained in a competent court of law in the buyer’s country. The Corporation, at its
discretion, may waive such legal action where it is satisfied that such legal action is not worthwhile. In such
cases, losses are indemnified up to 90 percent.
The insured will have to bear the rest of the loss. This is necessary to ensure that
✓ the exporter also takes necessary precaution in selecting the parties to which he may
decide to export,
✓ he may not overextend credit and
✓ he may take all possible care to minimize the risk.
In addition to these two basic principles of ECGC operation,
ECGC being in insurance business also follows three basic principles of insurance.
They are ECGC contracts are contracts of good faith which mean that non-disclosure of a material fact will
render the contract void. In other words, the exporter is bound to disclose every material fact within his
knowledge to the ECGC which may adversely affect the ECGC. Again, any material alteration of the risk
arising from the date of the proposal and the issue of the policy must be disclosed to the ECGC.
1) The insured is duty bound to minimize the loss. He should conduct his business with
ordinary prudence and diligence and act as an uninsured. The action that needs to be taken
depends upon the facts and circumstances of the case.
2) Under the principles of subrogation, ECGC steps into the shoes of the exporter. If
recoveries are made after the payment of the claim by ECGC, they are shared with the ECGC in the
same proportion in which the loss was borne.
The procedure for taking a policy from ECGC.
An intending exporter should fill in a proposal form (no. 12 1) available with all ECGC offices and submit it
to the nearest office. After examining the proposal, ECGC would send him an acceptance letter stating
the. Terms of its cover and premium rates. The policy will be issued after the exporter conveys his
consent to the premium rates and pays a non-refundable policy fee. The premium rates are closely
related to the risks involved and depend upon (i) length of the credit, (ii) terms of payment, (iii) credit
worthiness of the buyer and his country and (iv) the past record of the exporter.
ECGC normally fixes a maximum limit of its liability for shipments in each of the policy years. It is
therefore, advisable for exporters to estimate the maximum outstanding payment due from overseas
buyers at any time during the policy period and to obtain the policy with Maximum Liability for such
value. The Maximum Liability fixed under the Policy can be enhanced subsequently, if necessary.
2) Fixation of credit limit on each Buyer: Commercial risks are covered by ECGC subject to approval of a
credit limit on each buyer. Credit limit is the limit upto which claim can be paid under the policy for
losses on account of commercial risks. As commercial risks are not covered in the absence of a credit
limit, exporters would be well advised to apply to ECGC for approval of credit limit on buyer in the
prescribed form (No.144) before making shipment. If con ~ plate information regarding the buyer and
his banker is given in the credit limit application, it will facilitate receipt of credit information expedition
~! sly. ECGC obtains credit information on overseas buyers through banks and credit information
agencies. On the basis of credit information and its own experience, ECGC fixes suitable credit limits on
overseas buyers. In case an exporter has already received a credit report on the buyer or is in possession
of Other information that can help ECGC in fixing credit limit, the same may be furnished along with
credit limit application to facilitate quick decision. If the exporter needs an enhancement in limit, he
may apply in the prescribed form (No.144A) giving his past experience with the buyer.
3) Reporting Defaults: In the event of non-payment of any bill, policy holders are required to take
prompt and effective steps to prevent or minimize loss. A monthly declaration of all bills which remain
unpaid for more than 30 days should be submitted to ECGC in the Prescribed form (No.205) indicating
action taken in each case. Granting extension of time for payment, converting bills from D.P. to D.A
terms or resale of unaccepted goods at a lower price require prior approval of ECGC.
(ii) Explain the procedure for making claim from ECGC along with the
documentation formalities.
Ans-
Ans-
Today, the size of ships and the variety of cargo handled has gone up so much, that to be able to
handle such large volumes efficiently, the cargo needs to be kept in a methodical and well
planned manner. Unitization comes to our aid in such situations. Unitization is essentially grouped
or bundled cargo, wrapped into packages and loaded onto or inside a bigger unit. These bigger
units can then be handled by machines such as forklifts and cranes. Because of the bigger
size, the number of individual units to be loaded on the ships reduces; saving time and effort,
increasing efficiency and lowering the chances of late deliveries. A new method called pre-
slinging came into existence to transfer cargoes like large pipes and steel cables. The entire
cargo is shipped, along with slings as slung from the port of origin. At the port of delivery, the
cargo can be directly offloaded without the hassle of lifting it manually to get the sling pass
underneath. The focus of unitization was standardization of the shipment as it would make the
work of mechanical machinery more efficient and frugal.
Some of the benefits of unitization are as follows:
✓ The efficiency of cargo handling increases as heavier units can combine many
smaller packages into one large package.
✓ The safety of cargo increases as cranes are used to lift the load vertically upwards
using slings. The slings can be made strong enough to withstand loads several
times more than the load being lifted. Previously the cargo had to be carried
manually by individuals or lifted up using pulley and rope; many a times this resulted
in cargo getting damaged.
✓ The labor required is reduced drastically, thus resulting in cost saving.
✓ The loading and unloading time reduces. Ships, trucks, railway wagons have to wait
idle for lesser duration. The time spent by ships at ports is reduced to a great extent,
making voyages shorter.
The disadvantage is that many unskilled and semi-skilled labors lose their job. The working
environment changes and earlier employees and their work become vague.
The most common form of unitization is palletization. The forklifts and cranes are designed to
handle certain dimensions of package. The pallet is made to this dimension and acts as a
platform for cartons and boxes to be stacked on top of it. The entire pallet then becomes a single
unit with the cargo secured tightly onto the pallet base. The materials for pallets can be hard
wood, soft wood, steel, plastic and even fibber board depending on the voyage, type of safety
required and reusability.
The features of Liner and Tramp Shipping Services.
Let’s dig deeper into knowing the particular characteristics of Liner vs Tramp
services, so it might become easier for you to choose what kind of service you need.
Ans-
Many business owners and construction industry entities prefer, as a matter of course,
that construction disputes be submitted to binding arbitration. Others maintain that,
because arbitration lacks facets of the procedural and legal structure of court litigation,
only traditional litigation will ensure an outcome that is truly premised on the facts and
law. These opinions often are influenced by favorable, or more likely, unfavorable,
experiences in either forum.
There are potential advantages and disadvantages to either forum, depending upon the
nature of the dispute. The following factors are suggested for consideration in
determining whether to proceed in either arbitration or court or to include a mandatory
arbitration clause in an agreement.
1. Time. Arbitration typically provides a speedier resolution than proceeding in
court. The limited right to appeal arbitration awards typically eliminates an appeal
process that can delay finality of the adjudication.
2. Flexibility. Court litigation is largely controlled by statutory and procedural rules.
Through provisions set forth in a construction agreement or upon mutual agreement of
the parties once arbitration has commenced, the parties have the opportunity to
establish rules and limits for pre-hearing exchange of documents or interrogation of
witnesses, the manner in which an arbitration hearing will be conducted and the level of
detail to be included in an arbitration award.
2. Cost. Arbitration often is less costly than court litigation, primarily due to the
compressed schedule for the completion of discovery and trial. In court litigation,
significant expenses are devoted to pre-trial discovery processes, such as written
interrogatories and depositions of witnesses. However, the discovery process that is
prevalent in litigation increasingly has become a regular part of arbitration as well, thus
increasing costs.
3. Arbitrator / Judge. The soundness of any adjudication is largely dependent
upon the quality of the arbitrator or trial judge. In the arbitration process, the parties
select the arbitrator(s). Any pre-hearing disputes between the parties are decided by
the same arbitrator(s) that ultimately decide the case. In contrast, in many courts, no
individual judge is assigned to a case and, therefore, multiple judges may be involved in
adjudicating pre-trial disputes. The judge is assigned by the court without input from the
parties. Thus, arbitration affords the parties the ability to select the decider, whereas
court litigation does not.
4. Expertise. Arbitrators are selected from a pool of professionals, typically with
experience in the construction industry and, therefore, may provide a greater level of
expertise than a judge. Such persons should have a greater capability to comprehend
project issues and documents and to scrutinize liability and damages claims common to
the construction industry than most trial judges.
5. Rules of Law and Evidence. When in court, judge’s decisions are constrained
by statutory and case law and the conduct of the trial is governed by established rules
of evidence. In contrast, an arbitrator has considerable flexibility to consider any
evidence he/she deems relevant and may issue an award based upon perceptions of
fairness or equity and not necessarily on the evidence or rules of law.
(ii) Standard policies of ECGC cover losses due to all types of risks.
Ans-
This policy is issued for a period of 12 months and its coverage is 95% where the loss is
due to commercial risks and 100%, if the loss is caused by any of the political risks and
the waiting period for claims is four months from the due date of payment.
1. Commercial disputes including the quality disputes raised by the buyer, unless the
exporter obtains a decree from a competent court in the importer’s country in his favor;
ECGC does not cover those risks that are covered by the commercial insurers. Exporter
can take comprehensive policy that covers both commercial and political risks. If the
exporter wants, he can take only policy that covers political risks, depending on the
requirements. However, it is important to note ECGC does not issue the policy covering
only commercial risks.
If the goods are confiscated by the customs on charges of smuggling, then insurance
does not cover.
Exporter may suffer financial loss if goods are damaged during transportation from the
port of dispatch to the point of destination. To protect from loss, exporter may have to take
insurance policy to protect him from physical damage to the goods. Here is the
importance of ‘cargo Insurance’. In case, goods are shipped by sea, the insurance is
known as Marine Insurance’. The term cargo insurance is used in case of air shipment.
However, in practice, both the terms are interchangeably used and their regulations are
common.
The need for insurance is mainly for two reasons, Legal and Commercial. Legal liability
of the intermediaries is Limited. Intermediaries include clearing and forwarding agents,
carriers port and customs authorities etc. that handle the goods at various stages. They
do not incur any liability, if the damage is due to circumstances beyond their control or if
the loss caused despite their reasonable care taken by them. In case of sea shipment,
their legal liability is limited to 100 pounds per package at present and in case of air
shipment, the liability of airlines is limited to $16 per kg at present which is amended time
to time. It is quite normal such amount of compensation does cover the loss totally
sustained by the exporter.
As and when post-shipment finance is made, banks also insist for insurance coverage to
protect their financial interests.
I have explained about the reasons to insure export import goods in international
business. Do you wish to add more reasons to insure goods under export import trade? I
know, you would have experienced the importance of Insurance in international business
during your career in Import Export trade. Share your experience about the importance of
insuring export import cargo under international business.
(iv) Export houses are not entitled to get any special benefits.
Ans-
Star export house is an Indian exporter who has excelled in international trade and
successfully achieved certain minimum amount of export performance in two out of three
financial years. To obtain star export house status, the exporter involved in export of
goods or service must have a valid import export code (IE Code). On being recognised
as a star export house, the exporter enjoys various benefits and privileges as under:
✓ Authorisation and customs clearance for both imports and exports may be allowed
on self-declaration basis.
✓ Exemption from furnishing of bank guarantee for Schemes under Foreign Trade
Promotion, unless specified otherwise.
✓ Two star and above export houses are permitted to establish export warehouses
as per Department of Revenue guidelines.
✓ Three star and above export houses are permitted to get benefits of Accredited
Clients Programme, as per the guidelines of Central Board of Excise and
Customs.
✓ Status holders are eligible to export freely exportable items on free of cost basis for
export promotion subject to an annual limit of Rs.10 lakhs or 2% of average annual
export realisation during preceding three licensing years, whichever is higher.
• Product, standards and specifications. State the product name, as well as technical
names (if any); sizes in which the product is to be supplied (if relevant); applicable
national or international standards and specifications; specific buyer requirements; and
sample specifications.
• Inspection. State the nature, manner and focus of the envisaged inspection, as well as
the inspection agency. A number of goods are now subject to pre-shipment inspection
by designated agencies, and foreign buyers may stipulate their own inspection agencies
and conditions for inspection.
• Total value. State the total contract value in words and figures, and specify the
currency.
A policy insuring against war perils is called War Risk Insurance and is usually issued
as a companion to a Marine Cargo Insurance policy. Such companion policies generally
cover specified “War Perils” as illustrated below:
1.1 War, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or
any hostile act by or against a belligerent power
1.2 Capture, seizure, arrest, restraint or detainment, arising from risks covered under
1.1 above, and the consequences thereof or any attempt thereat
1.3 Derelict, mines, torpedoes, bombs or other derelict weapons of war
It also covers general salvage charges incurred to avoid loss from a risk covered under
these clauses.
However, perils such as terrorist activities, riots or civil commotions are not included
within the term “War Perils”.
To safeguard shipments from risks such as war, civil wars and rebellion, etc. it is
recommended to take out War Risk Insurance as most Marine Cargo Insurance policies
do not cover goods against these perils. War Risk Insurance usually comes with a
separate premium charge which is determined by the political situation of the final
destination and therefore may vary shipment by shipment.
No amendments have been made to the drawback provisions (Section 74 or Section 75)
under Customs Act 1962 in the GST regime. Hence, the drawback scheme will continue
in terms of both section 74 and section 75. Option of All Industry Rate (AIR) as well as
Brand Rate under Section 75 shall also continue.
Drawback under Section 74 will refund Customs duties as well as Integrated Tax and
Compensation Cess paid on imported goods which are re-exported.
At present Duty Drawback Scheme under Section 75 neutralises Customs duty, Central
excise duty and Service Tax chargeable on any imported materials or excisable materials
used or taxable services used as input services in the manufacture of export goods.
Under GST regime, Drawback under Section 75 shall be limited to Customs duties on
imported inputs and Central Excise duty on items specified in Fourth Schedule to Central
Excise Act 1944 (specified petroleum products, tobacco etc.) used as inputs or fuel for
captive power generation.