Professional Documents
Culture Documents
Financing of International Trade
Financing of International Trade
(2) Drawee:
• Drawee is the person upon whom the bill of exchange is drawn.
• Drawee is the debtor who has to pay the money to the drawer.
• He is also known as ‘Acceptor’.
(3) Payee:
• The payee is the person to whom payment has to be made.
• The payee may be the drawer himself or a third party.
• Drawee, in case of need: If in any bill of exchange, a
person’s name is mentioned in addition to the original
drawee, who can be resorted for payment. Then, that
person will be called as drawee.
• Holder: The holder of the bill of exchange, is the person
who possesses the bill and who has the right to recover the
amount from the parties.
• Acceptor: The person who accepts the bill is called
acceptor. Usually, a debtor or drawee is the acceptor.
However, it can be accepted by some other person also, on
behalf of the debtor/drawee.
• Endorser: If the holder of the bill, endorses it to another
person, then the person will be called as the endorser.
• Endorsee: The person to whom the bill of exchange is
endorsed, is called as an endorsee.
Ex:
• Let's say Company ABC purchases Laptops from
Computer Supply XYZ for $50,000. Computer
Supply XYZ draws a bill of exchange, becoming
the drawer and payee in this case. The bill of
exchange stipulates that Company ABC will pay
Computer Supply XYZ $50,000 in 60 days.
Company ABC becomes the drawee and accepts
the bill of exchange and the goods are shipped.
In 60 days, Computer Supply XYZ will present
the bill of exchange to Company ABC for
payment
• A bill of exchange issued by a bank is referred to as a bank draft.
The issuing bank guarantees payment on the transaction.
• A bills of exchange issued by individuals is referred to as a trade
draft.
• If the funds are to be paid immediately or on-demand, the bill of
exchange is known as a sight draft.
• In international trade, a sight draft allows an exporter to hold
title to the exported goods until the importer takes delivery and
immediately pays for them.
• However, if the funds are to be paid at a set date in the future, it
is known as a time draft which gives the importer a short amount
of time to pay the exporter for the goods after receiving them.
Essential elements of Bills of Exchange
• The Bills of Exchange have to be in writing.
• The Bill must be signed by the drawer.
• The instrument needs to have an order to pay; the order should be:
– Express
– Unconditional
• All three entities payee, drawer and drawee must be definite individuals.
• The amount of money due should be certain.
• The payment must be made in the legal tender currency of that specific country.
• The instrument must be properly stamped.
• The money should be payable to a certain and definite person or as per his order.
• The drawer and payee, in most cases, are the same person as the drawer usually
draws the Bill in his or her favor.
• The drawer and the drawee can not be the same person.
Types of Bill of Exchange
• There are mainly two types of Bills of
Exchange:
• Bills of Exchange Payable at Sight – They are
payable on demand. When the Bill is given to
the drawee, he or she must pay the amount.
• Bills of Exchange After a Certain Period– This
is also called term draft and becomes payable
after a certain time period.
• Others:
• Documentary Bills of Exchange: It is always accompanied by supporting
documents to facilitate the trade or transaction between two parties is called a
documentary bill. There are two types of Documentary Bills of Exchange:
Documents against acceptance Bills and Documents against payment.
• Usance Bill: Usance bill is also termed as time bill because it specifically mentions
the time period and the due date for the payment on it and it is considered as a
time-bound bill because of the mention of the specific time and period for
payment.
• Inland Bills: An inland bill is a type of bill that is drawn in a country by a resident of
that country and only payable in that country and the same for any other country
is known as an inland bill. This bill is quite the opposite of the Foreign bill.
• Clean Bill: A type of bill that is without documents of proof is called a
Clean Bill. In this bill no documents are present so the charges for this bill
are higher with the higher interest rate in comparison to other
documentaries.
• Foreign Bills: Foreign bill is a type of Bills of Exchange where the charges
to be paid are outside a country. Whichever bill is not Inland is the Foreign
bill. Foreign bills are further divided into Export bills and Import Bills.
• Accommodation Bill: If a bill is accepted or drawn without any conditions
involved are termed as an accommodation bill.
• Trade Bill: A type of Bill that is drawn for the purpose of a trade order
transaction is termed a trade bill. These bills are common in the case of
international trading.
• Supply Bills: Supply bill is a type of bill that is drawn to supply certain
goods by any government department or by a supplier or by a contractor.
To obtain cash for any pending payments from any financial institution for
satisfying the financial requirements, supply bills are used.
• Fictitious Bill: A fictitious bill is a type of bill in which the name drawn is
fictitious that is either of drawer or drawee.
• Hundis: Hundis are the type of bills that are used for agricultural financing
and inland trade and are indigenous in nature.
Example of Hundi Bill of Exchange
Direct Payment
• Cash Payment / Advance Payment / Prepayment / Cash
Before Delivery
• In advance payment, the importer pays the cost of the
goods to the exporter before the goods are shipped. It is
an accepted view in the doctrine that the cash flow that
occurs before the goods are sent is a credit or an
advance for the exporter.
• The exporter does not assume any risk in the form of
advance payment. Due to the existence of risks such as
delay in shipment, goods not conforming to the order,
all risk in this form of payment is on the importer.
The advance payment process is as follows:
• A sales contract is made between the Importer and the Exporter.
• The importer deposits the contract price in advance through its own
bank to be sent to the exporter.
• The export process begins with the transfer of the contract price to the
exporter's bank.
• The exporter delivers the goods to the customs.
• In this process, documents related to the goods such as invoice,
transport document, certificate of origin, insurance policy issued in favor
of the importer are delivered to the exporter's bank by the exporter in
order to be delivered to the importer through the importer's bank.
• The importer clears the goods from its customs with the documents it
received from its bank.
Cash Against Goods
• In the cash against goods method, the importer pays the price of the goods to
the exporter after receiving the goods. After the exporter has shipped the goods
on behalf of the buyer, it sends the documents proving that it has delivered the
goods to the importer directly or through the bank as free delivery. This is the
payment method in which the exporter assumes the most risk.
• This is the form of payment in which the Importer pays the cost
of the goods against the documents representing the goods.
• After the exporter has shipped the goods in accordance with
the sales contract executed with the importer, the shipping
documents representing the goods are delivered to the
importer through the bank to be delivered against the delivery
of the contract price.
• Therefore, it is a very safe method in terms of receiving the
goods by controlling the same. However, if the importer does
not accept the goods and does not make the payment by not
receiving the documents, the exporter will incur additional
costs due to returning the goods.
The cash against documents payment process is as follows:
• A sales contract is executed by and between the Importer and the
Exporter.
• The goods are loaded onto the ship to be sent to the importer's
country.
• In this process, documents related to the goods such as invoice,
transport document, certificate of origin, insurance policy issued in
favor of the importer are delivered to the exporter's bank in order
to be delivered to the importer. It is important to write the phrase
"against documents" in the documents sent.
• The importer's bank notifies the importer of documents showing
ownership of the goods.
• The importer deposits the cost of goods through its bank to be
sent to the exporter's bank.
• The importer clears the goods from customs with the related
transport documents.
Documentary Collection
• In a documentary collection process, the seller instructs their
bank to forward documents related to the export of goods to a
buyer’s bank with an instruction to present these documents to
the buyer for payment, pointing when and on what
circumstances these documents can be released to the buyer.
• Funds are received from the importer and transferred to the
exporter through the banks involved in the collection in
exchange for those documents. Documentary Collections involve
using a draft that requires the importer to pay the face amount
either at sight (document against payment) or on a specified
date (document against acceptance).
• The collection letter gives instructions that specify the
documents required for the transfer of title to the goods.
• Although banks do act as facilitators for their clients,
Documentary Collections offer no verification process and
limited recourse in the event of non-payment.
• They do not provide the same level of security as Letters of
Credit, but, as a result, the costs are lower.
• Unlike Letters of Credit, for a Documentary Collection, the
bank acts as a channel for the documents but does not issue
any payment covenants (does not guarantee payment).
• The bank that has received a Documentary Collection may
debit the buyer’s account and make payment only if
authorized by the buyer.
Documentary Credit
• An arrangement at the request and on the
instruction of a customer
• To make payment/authorize other bank to pay
or negotiate
• Against stipulated documents
• Provided terms and conditions are complied
with
Documentary Credits
Letter of Credit (LC)
• An LC, also referred to as a documentary credit, is a contractual
agreement whereby the issuing bank (importer’s bank), acting on
behalf of its customer (the buyer or importer), authorizes the
nominated bank (exporter’s bank), to make payment to the
beneficiary or exporter against the receipt of stipulated documents.
• The LC is a separate contract from the sales contract on which it is
based; therefore, the bank is not concerned whether each party
fulfills the terms of the sales contract.
• The bank’s obligation to pay is solely conditioned upon the seller’s
compliance with the terms and conditions of the LC. In LC
transactions, banks deal in documents only, not goods.
• LCs can be arranged easily for one-time deals.
• Unless the conditions of the LC state otherwise, it is always
irrevocable, which means the document may not be changed or
cancelled unless the seller agrees.
• As we know that in every countries foreign exchange shall
be regulated by central bank of the country. As well, in
Nepal, Nepal Rastra Bank is an authority to control and
regulate the foreign currency stated in LC. The transaction
of the LC from Nepalese Bank will be directed by NRB.
• As per BAFIA, section 2(aa) “Letter of credit” means a letter
written by one bank or financial institution in the name of
any other bank or financial institution authorizing the latter
thereon to accept cheques, drafts, or bills of exchange of any
specified person within the limit of the amount specified
therein.
æk|tLtkqÆ eGgfn] s'g} Ps a}+s jf ljQLo ;+:yfn] s'g} csf]{ a}
+s jf ljQLo ;+:yfsf] gfddf s'g} JolQmsf] lglZrt /sdn]
vfd];Ddsf] r]s, 8«fˆ6, jf ljlgd]okq :jLsf/ ug'{ egL n]v]sf]
kq ;Demg' k5{ .
• The above provided definitions indicate three main parties in a process
where payment under which letters of credit is arranged namely;
• The applicant. This is a party on whose request the credit is issued
usually the buyer or importer
• The issuing bank .This is the bank that issues a credit at the request of an
applicant or on its own behalf.
• The beneficiary. This is a party in whose favor a credit is issued usually
the seller or exporter.