Export Procedure and Documentation Project Report On 110715011131 Phpapp02
Export Procedure and Documentation Project Report On 110715011131 Phpapp02
Export Procedure and Documentation Project Report On 110715011131 Phpapp02
PROJECT REPORT ON
EXPORT PROCEDURE & DOCUMENTATION
PREPARED BY
DIVYA THINGALAYA
ACADEMIC YEAR
2006 - 2007
DECLARATION
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EXPORT PROCEDURE AND DOCUMENTATION
DATE:
PLACE: (SIGNATURE OF THE STUDENT)
CERTIFICATE
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EXPORT PROCEDURE AND DOCUMENTATION
ACKNOWLEDGEMENT
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EXPORT PROCEDURE AND DOCUMENTATION
INDEX
SERIAL CONTENT PAGE
NUMBER NUMBE
R
1 INTRODUCTION 6
2 HOW TO SET UP AN EXPORT ORGANISATION 8
3 HOW ONE BEGINS TO DO EXPORT 14
4 EXPORT SALES & CONTRACT TERMS & 17
CONGITIONS
5 TERMS OF SHIPMENT – INCOTERMS. 20
6 PROCESSING AN EXPORT ORDER 27
7 FINANCIAL RISK INVOLVED IN FOREIGN 28
TRADE
8 EXPORT DOCUMENTS 29
9 OCTROI 53
10 QUALITY CONTROL & PRE-SHIPMENT 57
INSPECTION
11 SHIPPING ANG CUSTOMS FORMALITIES 60
12 SALES TAXES EXEMPTION PROCEDURE 66
13 METHODS OF RECEIVING PAYMENTS 68
AGAINST EXPORTS
14 THE LETTER OF CREDIT 71
15 PREPARATION AND SUBMISSION OF 88
DOCUMENTS FOR BANK NEGOTIATIONOR
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PURCHASE
16 SHIPMENT THROUGH COURIERS 91
17 CUSTOM PROCEDURE FOR EXPORT UNDER 92
EDI SYSTEM
18 THE ECGC COVER. 112
INTRODUCTION
India has a mission to capture 2% of the global share of trade by 20010, up
from the present level of less than 1%. Export is one of the lucrative business activities in
India. The government also provides various promotional schemes to the exporters for
earning valuable foreign exchange for the country and for meeting their requirements for
importing modern technology and essential inputs. Besides, the income from export
business is also exempted to the specified extent under the Income Tax Act, 1961,
Refund of Central Excise and Custom Duty on export is also made under the Duty
Drawback Scheme of the Government. There is no Sales Tax on products meant for
exports.
Exports can be of goods which can be moved physically from one country
to another or can be of service rendered. Detailed list of services are given in the Foreign
Trade Policy covering more than 160 items e.g. Insurance, Hospital, Postal and
Telecommunication etc.
TWO CLASSES OF EXPORTS:
Physical Exports: If the goods physically go out of the country or services
are rendered outside the country then it is called as physical export. Deemed Exports:
Where the goods do not go out of the country physically they can be termed as deemed
exports. This will be subject to certain conditions as prescribed by the DGFT. Under
Deemed Exports, the goods may be supplied to the manufacturer exporter who ultimately
export a finished product of which this supply forms a part and ultimately go out of the
country. E.g. Supply of fabrics to the garment exporter who exports the garments made
out of the said fabric.
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The government may announce from time to time the types of supplies
that may be considered as deemed export. The Foreign Trade Policy gives the list of
supplies considered under the Deemed Export Category. The policies and procedures are
different for Physical Exports and Deemed Exports as also the benefits available. In a
nutshell, Deemed Exports do not enjoy all the benefits that are available under Physical
Export. The Foreign Trade defines exports as taking out of India any goods by land, sea,
air. Although the act does not term them as “Physical Exports”, we have to put phrase to
distinguish it from “Deemed Exports” which is sales in India but considered as exports
for limited purpose.
TYPES OF EXPORTERS:
Exporters can be basically classified into two groups
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the size of the business is large. For small business, a sole proprietary concern or a
partnership firm will be the most suitable form of business organization. In case it is
decided to incorporate a private limited company, the same is to be registered with the
Registrar of Companies.
CHOOSING APPROPRIATE MODE OF OPERATIONS:
You can choose any of the following modes of operations
Merchant Exporter i.e. buying the goods from the market or from the
manufacturer and then selling it to foreign buyers.
Sales Agent / Commission Agent / Indenting Agent i.e. acting on behalf of the
seller and charging the Commission.
Buying Agent i.e. acting on behalf of the buyer and charging Commission.
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One copy of Passport Size photographs of the applicant duly attested by the
banker to the applicant.
Declaration by the applicant that the proprietor/partners/directors as the case may
be of the applicant company, are not associated as proprietor/partners/directors in
any other firm, which has been caution, listed by the RBI. Where the applicant
declares that they are associated as proprietor/partners/directors in any other firm,
which has been caution, listed by the RBI, they will be allotted IEC No. but with
an additional condition that they can export only with RBI’s prior approval and
they should approach RBI for the purpose.
Each importer/exporter shall be required to file importer/exporter profile once
with the licensing authority shall enter the information furnished in Appendix 2 in
their database so as to dispense with changes in the information given in
Appendix-2, importer/exporter shall intimate the same to the licensing authority.
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IEC certificate will be issued in the form (copy enclosed). A copy of IEC No. is also
endorsed to the concerned banker.
VALIDITY :
The IEC No allotted to a firm/company will be valid for all its branches/divisions
units/factories as indicated in the IEC No. Import/Export of any commodity by that
firm/company. There being no date of expiry, the IEC once allotted is valid till it is
revoked. But, if no import or export is effected in the previous financial year, the same
will be made inoperative. However, this can be made operative by a formal request to the
DGFT.
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Before selecting a product, one must simultaneously made a study and find out the
prospective market. For finding out the market for the selected product, the following
methods will help.
Get statistical information as to imports of the product by various countries
and their growth prospects in the respective countries
Approach the chamber of commerce for their guidance to find out the market.
Approach the Export Promotion Council dealing in the product of selection to
get more information.
The Preliminary
Once you are ready with the product you wish to export and have found the market for
the same, you are ready to proceed further. Following sequences can be followed:
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Any one, who wishes to export, must first of all get an Importer Exporter
Code Number (IE Code).This can be obtained by making a formal
application to the office of the Regional Directorate General of Foreign
Trade (DGFT).
Get yourself registered with the related Export Promotion Council and
become a member. Also arrange to obtain Registration-Cum-Membership
Certificate (RCMC) from the council. This has twin objectives:
o Under the Foreign Trade Policy, it is mandatory that an exporter gets him
registered with the Export Promotion Council to avail of various export
facilities.
o Being a member, you will have access to all the information relating to the
product that could be made available by the council
o Many foreign buyers send their enquiries for the imports to the Export
Promotion Council. Hence you will have few customers interested in your
product.
If you are a manufacturer, find out the provisions under the EXIM Policy of
getting the raw materials duty free.
Get familiar with the excise formalities as goods meant for export can be cleared
without payment of C. Excise duty on the finished product subject to compliance
of certain formalities.
Understand the local government regulations in relations to the export of the
product.
Get information of the government’s regulations of the importing country as to
restrictions on the quantity, product specification, packing regulations, customs
regulations, requirement of specific documents/information etc.
Availability of Vessels/Airlines, the transport charges, frequency of operation
etc.,
To look for a Custom House Agent (CHA) (also know as freight forwarders or
clearing agents) for handling the documents/cargo in the customs.
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If the product is covered under any quota regulation, find out the agency/council
who are handling the quota distribution for the product and the availability of
quota for exports.
FINDING A CUSTOMS
Once you have selected the market, the next step is to find a prospective customer.
This you can get
From the directory of importers of the country
By writing to the Embassy of India in that country for assistance
By writing to the chamber of commerce of that country
By means of participation in a Fair/Exhibition abroad either directly or through
the Export Promotion Council
By participating in international fair if organized locally
Through the personal contacts in that country. By these processes one can only
have the list of customers. One has to dialogue or correspond with these
customers by sending samples, getting feedback from the customers etc. to
ultimately select the customer with whom to deal with. It is necessary to know the
financial standing of the company which can be obtained through the bank
channel or through the office of ECGC.
NEGOTIATING CONTRACT.
Once the prospective customer is found, the business deal has to be concluded. The
following aspects may be considered before entering into a final contract with the
buyer.
Credit Worthiness of the Customer.
Availability of the Steamer/Airlines and the frequency
The freight charges
The full product specification
The quantity, Price
Terms of Payment
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and obligations by implications under the legal system of either’s country. They prefer to
make explicit provisions regarding the rights and obligations by including a set of
detailed and precise terms and conditions in their contract.
EXPORT OF SAMPLES\GIFTS.
Exports of bonafide trade and technical samples of freely exportable items shall be
allowed without any limit. Goods including edible items of value not exceeding Rs.
100000/- in a licensing year, may be exported as a gift. However items mentioned as
restricted for exports in ITC(HS) shall not be exported as a gift without a
licence/certificate/permission, except in the case of edible items.
STANDARD CONTRACT FOMS:
Notwithstanding the efforts made by various national/international organizations like the
United Nations Commission on the International Trade Law, there is still no perfection or
a device which would give the parties an accurate and complete idea of each others
understanding of various trade terms, the commercial practices and the rights and the
obligations vis-à-vis each other so that the misunderstandings are practically eliminated.
Nevertheless, the Indian Council of Arbitration published in 1966 a booklet on “Standard
Contract Forms and Model Arbitration Clause for use in Foreign Trade Contracts”. It was
revised and reprinted in 1969 and 1977. It can be referred to by exporter for various
clause to be incorporated in the Export Contract.
ENTERING INTO AN EXPORT CONTRACT
In order to avoid disputes, it is necessary to enter into an export contract with the
overseas buyer. For this purpose, export contract should be carefully drafted
incorporating comprehensive but in precise terms, all relevant and important conditions
of the trade deal.
There should not be any ambiguity regarding the exact specifications of goods and terms
of sale including export price, mode of payment, storage and distribution methods, type
of packaging, port of shipment, delivery schedule etc. The different aspects of an export
contract are enumerated as under:
Product, Standards and Specifications
Quantity
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EXPORT PROCEDURE AND DOCUMENTATION
Inspection
Total Value of Contract
Terms of Delivery
Taxes, Duties and Charges
Period of Delivery/Shipment
Packing, Labeling and Marking
Terms of Payment-- Amount/Mode & Currency
Discounts and Commissions
Licenses and Permits
Insurance
Documentary Requirements
Guarantee
Force Majeure of Excuse for Non-performance of contract
Remedies
Arbitration clause
It will not be out of place to mention here the importance of arbitration clause in an
export contract Court proceedings do not offer a satisfactory method for settlement of
commercial disputes, as they involve inevitable delays, costs and technicalities. On the
other hand, arbitration provides an economic, expeditious and informal remedy for
settlement of commercial disputes. Arbitration proceedings are conducted in privacy and
the awards are kept confidential. The Arbitrator is usually an expert in the subject matter
of the dispute. The dates for arbitration meetings are fixed with the convenience of all
concerned. Thus, arbitration is the most suitable way for settlements of commercial
disputes and it may invariably be used by businessmen in their commercial dealings.
ARBITRATION:
Arbitration clause recommended by the Indian Council of Arbitration:”All disputes
or differences whatsoever arising between the parties out of / relating to the meaning,
construction and operation or effect of this contract or the breach thereof shall be settled
by arbitration in accordance with the rules of Arbitration of the Indian Council of
Arbitration and the award made in pursuance thereof shall be binding on the parties” (or
any other arbitration clause that may be agreed upon between the parties).
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Similarly, it would be best for importers not to deal in EXW (Ex Works) which would
hold the buyer responsible for the export customs clearance, payment of export customs
charges and taxes, and other costs and risks at the seller’s end
MORE CLARIFICATION ON INCOTERMS
EXW {+the named place}
Ex Works: Ex means from. Works means factory, mill or warehouse, which are the
seller’s premises. EXW applies to goods available only at the seller’s premises. Buyer is
responsible for loading the goods on truck or container at the sellers premises and for the
subsequent costs and risks. In practice, it is not uncommon that the seller loads sthe
goods on truck or container at the sellers pre4mises without charging loading fee. N the
quotation, indicate the named place (sellers premises) after the acronym EXW for
example EXW Kobe and EXW San Antonio.
The term EXW is commonly used between the manufacturer (seller) and export-
trader(buyer), and the export-trader resells on other trade terms to the foreign buyers.
Some manufacturers may use the term Ex Factory, which means the same as Ex Works.
FCA {+the named point of departure}
Free Carrier: The delivery of goods on truck, rail car or container at the specified
point(depot) of departure, which is usually the sellers premises, or a named railroad
station or a named cargo terminal or into the custody of the carrier, at sellers expense.
The point(depot) at origin may or may not be a customs clearance centre. Buyer is
responsible for the main carriage/freight, cargo insurance and other costs and risks.
In the air shipment, technically speaking, goods placed in the custody of an air carrier are
considered as delivery on board the plane. In practice, many importers and exporters still
use the term FOB in the air shipment. The term FCA is also used in the RO/RO (roll
on/roll off) services
In the export quotation, indicate the point of departure (loading) after the acronym FCA,
for example FCA Hong Kong and FCA Seattle. Some manufacturers may use the former
terms FOT (Free on Trucks) and FOR (Free on Rail) in selling to export-traders.
FAS {+the named port of origin}
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Free Alongside Ship: Goods are placed in the dock shed or at the side of the ship, on the
dock or lighter, within reach of its loading equipment so that they can be loaded aboard
the ship, at seller’s expense. Buyer is responsible for the loading fee, main
carriage/freight, cargo insurance, and other costs and risks In the export quotation,
indicate the port of origin(loading)after the acronym FAS, for example FAS New York
and FAS Bremen. The FAS term is popular in the break-bulk shipments and with the
importing countries using their own vessels.
FOB {+the named port of origin)
Free on Board: The delivery of goods on the board the vessel at the named port of origin
(Loading) at seller’s expense. Buyer is responsible for the main carriage/freight, cargo
insurance and other costs and risks. In the export quotation, indicate the port of origin
(loading) after the acronym FOB, for example FOB Vancouver and FOB Shanghai.
Under the rules of the INCOTERMS 1990, the term FOB is used for ocean freight only.
However, in practice, many importers and exporters still use the term FOB in the air
freight. In North America, the term FOB has other applications. Many buyers and sellers
in Canada and the USA dealing on the open account and consignment basis are
accustomed to using the shipping terms FOB Origin and FOB destination.
FOB Origin means the buyer is responsible for the freight and other costs and risks. FOB
Destination means the seller is responsible for the freight and other costs and risks until
the goods are delivered to the buyer’s premises which may include the import custom
clearance and payment of import customs duties and taxes at the buyer’s country,
depending on the agreement between the buyer and seller. In international trade, avoid
using the shipping terms FOB Origin and FOB Destination, which are not part of the
INCOTERMS (International Commercial Terms).
CFR {+the named port of destination}
Cost and Freight: The delivery of goods to the named port of destination (discharge) at
the sellers expenses. Buyer is responsible for the cargo insurance and other costs and
risks. The term CFR was formerly written as C&F. Many importers and exporters
worldwide still use the term C&F.
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In the export quotation, indicate the port of destination (discharge) after the acronym
CFR, for example CFR Karachi and CFR Alexandria. Under the rules of the
INCOTERMS 1990, the term Cost and Freight is used for ocean freight only. However,
in practice, the term Cost and Freight (C&F) is still commonly used in the air freight.
CIF {+named port of destination}
Cost, Insurance and Freight: The cargo insurance and delivery of goods to the named
port of destination (discharge) at the seller’s expense. Buyer is responsible for the import
customs clearance and other costs and risks.
In the export quotation, indicate the port of destination (discharge) after the acronym CIF,
for example CIF Pusan and CIF Singapore. Under the rules of the INCOTERMS 1990,
the term CIFI is used for ocean freight only. However, in practice, many importers and
exporters still use the term CIF in the air freight.
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Delivered At Frontier: The delivery of goods to the specified point at the frontier at
sellers expense. Buyer is responsible for the import custom clearance, payment of custom
duties and taxes, and other costs and risks.
In the export quotation, indicate the point at frontier (discharge) after the acronym DAF,
for example DAF Buffalo and DAF Welland.
DES {+named port of destination}
Delivered Ex Ship: The delivery of goods on board the vessel at the named port of
destination (discharge) at sellers expense. Buyer assumes the unloading free, import
customs clearance, payment of customs duties and taxes, cargo insurance, and other costs
and risks.
In the export quotation, indicate the Port of destination (discharge) after the acronym
DES, for example DES Helsinki and DES Stockholm.
DEQ {+ the named port of destination
Delivered Ex Quay: The delivery of goods to the Quay (the port) at the destination at
buyers expense. Seller is responsible for the importer customs clearance, payment of
customs duties and taxes, at the buyers end. Buyer assumes the cargo insurance and other
costs and risks. In the export quotation, indicate the Port of destination (discharge) after
the acronym DEQ, for example DEQ Libreville and DEQ Maputo.
DDU {+ the named point of destination}
Delivered Duty Unpaid: The delivery of goods and the cargo insurance to the final point
at destination, which is often the project site or buyers premises at sellers expense. Buyer
assumes the import customs clearance, payment of customs duties and taxes. The seller
may opt not to insure the goods at his/her own risks.
In the export quotation, indicate the point of destination (discharge) after the acronym
DDU for example DDU La Paz and DDU N’djamena.
DDP {+ the named point of destination)
Delivered Duty Paid: The seller is responsible for most of the expenses which include
the cargo insurance, import custom clearance, and payment of custom duties, and taxes at
the buyers end, and the delivery of goods to the final point of destination, which is often
the project site or buyers premise. The seller may opt not to insure the goods at his/her
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own risk. In the export quotation, indicate the point of destination (discharge) after the
acronym DDP, for example DDP Bujumbura and DDP Mbabane.
Under the “E”-TERM (EXW), the seller only makes the goods available to the
buyer at the seller’s own premises. It is the only one of that category.
Under the “F”-TERM (FCA, FAS, &FOB), the seller is called upon to deliver
the goods to a carrier appointed by the buyer.
Under the “C”-TERM (CFR, CIF, CPT, & CIP), the seller has to contract for
carriage, but without assuming the risk of loss or damage to the goods or
additional cost due to events occurring after shipment or discharge.
Under the “D”-TERM (DAF, DEQ, DES, DDU & DDP), the seller has to bear
all costs and risks needed to bring the goods to the place of destination.
All terms list the seller’s and buyer’s obligations. The respective obligations of both
parties have been grouped under up to 10 headings where each heading on the seller’s
side “mirrors” the equivalent position of the buyer. Examples are Delivery, Transfer of
risks, and Division of costs. This layout helps the user to compare the parties respective
obligations under each Incoterms.
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You should not be happy merely on receiving an export order. You should first
acknowledge the export order, and then proceed to examine carefully in respect of
Items
Specification
Pre-shipment inspection
Payment conditions
Special packaging
Labeling and marketing requirements
Shipment and delivery date
Marine insurance
Documentation requirement etc.
If you are satisfied on these aspects, a formal confirmation should be sent to the buyer,
otherwise clarification should be sought from the buyer before confirming the order.
After confirmation of the export order immediate steps should be taken for
procurement/manufacture of the export goods. In the meanwhile, you should proceed to
enter into a formal export contract with the overseas buyer.
Before accepting any order necessary homework should have been done as to availability
of the production capacity, raw material e.t.c. It would be in the interest of the exporter to
look into entering into forward contract to safeguard against exchange rate fluctuations.
Ensure that the mode of payment is also agreed upon. In case of shipment against letter of
credit, the buyer should be advised to open the credit well in advance before effecting the
shipment.
Credit Risk
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Currency Risk
Carriage Risk
Country Risk
You can protect yourself against the above risks by initiating appropriate steps.
Credit Risks :
You can cover your credit risk against the foreign buyer by insisting upon opening a
letter of credit in your favour. Alternatively one can avail of the facility offered by
various credit risk agencies. A specific insurance cover can also be obtained from ECGC
(Exports Credit & Guarantee Corporation) to cover your country risk besides covering
credit risk.
Currency Risks:
As regards covering the currency risk, due to the exchange rate fluctuations, you can
request your banker to book a forward contract.
Carriage Risk:
The carriage risk can be covered by taking an appropriate general insurance policy.
Country Risk:
ECGC provides cover to protect the exporter from country risks. A detailed procedure
how an exporter can get himself protected against the above risks are given in separate
chapters later.
EXPORT DOCUMENTS
Any export shipment involved various documents required by various authorities such as
customs, excise, RBI, Inspection and according depending upon the requirements, there
are categorized into 2 categories, namely commercial documents and regulatory
documents.
A. Commercial Documents. : - Commercial documents are required for effecting
physical transfer of goods and their title from the exporter to the importer and the
realisation of export sale proceeds. Out of the 16 commercial documents in the
export documentation framework as many as 14 have been standardised and
aligned to one another. These are proforma invoice, commercial invoice, packing
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the maximum value of consignment that may be sent per ship and if the
value exceeded, the insurance company must be informed by the exporter.
Insurance Premium: Differs upon product to product and a number of
such other factors, such as, distance of voyage, type and condition of
packing, etc. Premium for air consignments are lowered as compared to
consignments by sea.
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The goods produced in a particular country are subject to’ preferential tariff rates in
the foreign market at the time importation.
The goods produced in a particular country are banned for import in the foreign
market.
Types of the Certificate of Origin
(a) Non-preferential Certificate, of Origin: - Non-preferential certificate of origin is
required in general by all countries for clearance of goods by the importer, on which
no preferential tariff is given. It is issued by: ¬
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Claused Bill of Lading: - A bill of lading qualified with certain adversere marks
such as, "goods insufficiently packed in accordance with the Carriage of Goods
by Sea Act," is termed as a claused bill of lading.
Transhipment or Through Bill of Lading: - When the carrier uses other
transport facilities, such as rail, road, or another steamship company in addition to
his own, the carrier issues a through or transhipment bill of lading.
Stale Bill of Lading: - A bill of lading that has been held too long before it is
passed on to a bank for negotiation or to the consignee is called a stale bill of
lading.
Freight Paid Bill of Lading: - When freight is paid at the time of shipment or in
advance, the bill of landing is marked, freight paid. Such bill of lading is known
as freight bill of lading.
Freight Collect Bill of lading :- When the freight is not paid and is to be
collected from the consignee on the arrival of the goods, the bill of lading is
marked, freight collect and is known as freight collect bill of lading
Contents of Bill of Lading
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It is a contract between the shipper and the shipping company for carriage of the
goods to the port of destination.
It is an acknowledgement indicating that the goods mentioned in the document
have been received on board for the Purpose of shipment.
A clean bill of lading certifies that the goods received on board the ship are in
order and good condition.
It is useful for claiming incentives offered by the government to exporters
The exporter can claim damages from the shipping company if the goods are lost
or damaged after the issue of a clean bill of lading.
Significance of Bill of Lading for Importers
It is useful to the shipping company for collection of transport charges from the
importer, if not collected from the exporter.
7. Airway Bill: An airway bill, also called an air consignment note, is a receipt
issued by an airline for the carriage of goods. As each shipping company has its own bill
of lading, so each airline has its own airway bill. Airway Bill or Air Consignment Note is
not treated as a document of title and is not issued in negotiable form.
Contents of Airway Bill
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2 sets. Each one bearing the exclusion clause making the other part of the
draft invalid.
Sight B/E.
Usance B/E.
It is known as draft.
Immediate payment – Sight draft.
There are two copies of draft. Each one bears reference to the other part
A&B. when any one of the draft is paid, the second draft becomes null and
void.
Parties to bill of exchange.
1. The drawer: The exporter / person who draws the bill.
2. The drawee: The importer / person on whom the bill is drawn for payment.
3. The payee: The person to whom payment is made, generally, the exporter /
supplier of the goods.
B Auxiliary Documents: These documents generally form the basic documents based
on which the commercial and or regulatory documents are prepared. These documents
also do not have any fixed formats and the number of such documents will wary
according to individual requirements.
1. Proforma Invoice: The starting point of the export contract is in the form of offer
made by the exporter to the foreign customer. The offer made by the exporter is in
the form of a proforma invoice. It is a quotation given as a reply to an inquiry. It
normally forms the basis of all trade transactions.
Contents of Proforma Invoice
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obtained the same from the office of the Textile Committee or Export Promotion
Council, the documents requirement are different.
5. Mate's Receipt: Mate's receipt is a receipt issued by the Commanding Officer of
the ship when the cargo is loaded on the ship. The mate's receipt is a prima facie
evidence that goods are loaded in the vessel. The mate's receipt is first handed
over to the Port Trust Authorities. After making payment of all port dues, the
exporter or his agent collects the mate's receipt from the Port Trust Authorities.
The mate's receipt is freely transferable. It must be handed over to the shipping
company in order to get the bill of lading. Bill of lading is prepared on the basis of
the mate's receipt.
Types of Mate's Receipts
Clean Mate's Receipt: - The Commanding Officer of the ship issues a clean
mate's receipt, if he is satisfied that the goods are packed properly and there is
no defect in the packing of the cargo or package.
Qualified Mate's Receipt: - The Commanding Officer of the ship issues
qualified mate's receipt, when the goods are not packed properly and the
shipping company does not take any responsibility of damage. to the goods
during transit.
Contents of Mate's Receipt
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for forwarding the same to the customer and also for realization of export
proceeds. The bank letter is the set of instruction for the bank as to how to handle
the documents by them and by the bank at the buyer’s country which may include
Customs copy.
Drawback copy.
Export promotion copy.
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Drawback Shipping Bill: - Drawback shipping bill is useful for claiming the
customs drawback against goods exported.
Dutiable Shipping Bill: - Dutiable shipping bill is required for goods which are
subject to export duty.
Duty-free Shipping Bill: - Duty-free shipping bill is useful for exporting goods
on which there is no export duty.
In order to facilitate easy recognition and quick processing, following colours have been
provided to different kinds of shipping bills :
Types of goods By Sea By Air
Drawback shipping bill Green Green
Dutiable shipping bill Yellow Pink
Duty-Free shipping bill White Pink
Contents of Shipping Bill
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5. Vehicle Ticket/Cart Ticket/Gate Pass etc.: before the goods are being taken
inside the port for loading, necessary permission has to be obtained for
moving the vehicle into the customs area. This permission is granted by the
Port Trust Authority. This document will contain the detail of the export
cargo, name and address of the shippers, lorry number, marks and number of
the packages, driver’s licence details etc.
6. Bank Certificate of Realisation: this is the form prescribed under the Foreign
Trade Policy, wherein the negotiating bank declares the fob value of exports
and for the date of realisation of the export proceeds. This certificate is
required fore obtaining the benefit under various schemes and this value of
fob is reckoned as fob value of exports.
D. Other Document:
Black List Certificate: it certifies that the ship/aircraft carrying the
cargo has not touched the particular country on its journey or that the
goods are not from the particular country. This is required by certain
nations who have strained political and economical relations with the
so called “Black Listed Countries”.
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Shipping bill.
Export order/Sales contract/Purchase order.
Letter of Credit
Commercial invoice.
Packing list.
Certificate of origin.
Guaranteed Remittance (G.R/SDF/PP/SOFTEX),or SDF.
Certificate of Inspection.
Various declarations required as per custom procedure.
Exchange Control Declaration Form: all exports to which the requirement of
declaration apply must be declared on appropriate forms as indicated below unless the
consignment is of samples and of ‘No Commercial Value’
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The export of computer software may be undertaken in physical form i.e. software
prepared on magnetic tape and paper media as well as in non-physical form by direct data
transmission through dedicated earth stations/satellite links. The export of computer
software in physical form is subject to normal declaration on GR/PP form and regulations
applicable there to will also be applicable to such exports. However, export of non-
physical form should be declared on SOFTEX Form. Besides computer software, export
of video / T.V. Software and all other types of software products / packages should also
be declared on the SOFTEX forms. Since export of software is fraught with many risks
and special guidelines have been framed for handling such exports.
OCTROI
Octroi is the local tax levied by the civic body on goods entering into
the city.
There are three procedures for clearing goods which are meant for
export.
Procedure – 1, Export on payment of octroi duty and refund thereof after export.
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Pay the Octroi Duty and apply for refund of payment made.
At Octroi Naka form B is issued with cash receipt for the payment of
Octroi Duty.
Cargo is moved to the docks.
At Docks Octroi officer prepares form”C” & endorses Shipping Bill
Number & Steamers Name.
After shipment exporter prepares claim for refund by submitting
following documents:
Covering Letter for refund of Octroi Duty.
Original receipt of Octroi paid.
Original Form B.
Original Form C.
Invoice under which material was bought to the city.
Export invoice issued by the Exporter to the importer.
Export Promotion Copy of Shipping Bill – Photo Copy.
Bill of Lading or Airway Bill Copy.
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Company’s Letter.
EP form.
EPC.
Bill of Lading.
Shipping Bill – 6.25% Service charge.
Bar Coding
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Insurance Premium: Differs upon from product to product and a number of other such
factors, such as, distance of voyage, type and condition of packing etc. Premium for air
consignments are lower as compared to consignments by sea.
The Insurance Policy Normally Contains:
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Status Houses
Certification by Units IPQC – approved by EIA
EUO/EPZ/SEZ
Firm Letter from the overseas buyer
Specified products such as Eng/Fishery average level of Rs.1.5 Cr.for the last
three years no compliant.
For monitoring pre-shipment inspection, Govt. of India has set up Export Inspection
Council (EIO) The EIC has set up 5 Export Inspection Agencies (EIA). The EIAs are
located one each at Mumbai, Calcutta, Cochin, Delhi and Chennai. The EIAs has a
network of nearly 60 offices throughout India. Each EIA is given certain jurisdiction
for inspection purpose. For instance, EIA of Mumbai has jurisdiction over
Maharashtra, Gujarat and Goa.
Systems of Quality Control:
For the purpose of pre-shipment inspection, EIC has recognized three systems of
inspection namely:
Self-Certification
In-Process Quality Control
Consignment Wise Inspection
Self-Certification:
Under this system, complete authority is given to the manufacturing units to certify
their own products and issue certificates for export. The manufacturing units which
have been recognized under this scheme have to pay a nominal yearly fee at the rate
of 0.1% of FOB price subject to minimum of Rs.2,500/- and maximum of Rs.1 lakh
in a year to the concerned EIA
In-Process Quality Control (IPQC):
In this system, companies/units adjusted as having adequate level of quality control right
from raw material stage to the finished product stage including packaging are eligible to
get the inspection certificate on a formal request by the exporter. Over 800 units all over
India are operating under this system.
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Constant vigil and surveillance are kept on units approved under IPQC and self-
certification system. Units approved under the above two systems are often known as
“Export worth Units”, because of their consistent standards of quality.
Consignment wise Inspection:
Under this system, each and every consignment is subject to compulsory inspection. The
exporter has to follow a certain procedure such as:
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Carting Order: The exporter’s agent has to obtain the carting order from the Port
Trust Authorities. Carting Order is the permission to bring the goods inside the
docks. The carting order is issued by the superintendent of Port Trust. Carting
Order is issued only after verifying the endorsement on the duplicate copy of
shipping bill. The Carting Order enables the exporter’s agent to cart goods inside
the docks and store them in proper sheds.
Storing the Goods in the Sheds: After securing the carting order, the goods are
moved inside the docks. The goods are then stored in the sheds at the docks.
Let Export Order: The Let Export Order is then shown to the Customs
Preventive Officer, along with other documents. The CPO is in charge of
supervision of loading operations on the vessel. If CPO finds everything in order,
he endorses the duplicate copy of shipping bill with the “Let Ship Order” This
order helps the exporter/shipper to load the goods on the ship.
Loading Goods: The goods are then loaded on the ship. The CPO supervises the
loading operations. After loading is completed, the Chief Mate (Cargo Officer) of
the ship issues the “Mate’s Receipt”. The Mate’s Receipt is sent to the Port Trust
Office. The C&F agent pays the port trust dues and collects the mate’s receipt.
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The C&F agent then approaches the CPO and gets the certification of shipment of
goods on AR Forms and other documents
Obtaining Bill of Lading: The Mate’s Receipt is then handed over to the
shipping company (on whose vessel the goods are loaded). The shipping company
issues bill of lading. The Bill of Lading is issued in:
o 3 negotiable copies of Bill of Lading
o 10 to 12 Non-negotiable copies of Bill of Lading.
The negotiable copies have title to goods; whereas non-negotiable copies do not have
title to goods but are used for record purpose.
PROCEDURE OF EXCISE CLEARANCE:
The common procedure of excise clearance under “bond” and under “rebate” is
discussed as follows:
Preparing of Invoice: The export goods have to be cleared from the factory
under invoice. The invoice contains details like name of the exporter, value of
goods, excise duty chargeable, etc. The invoice is to be prepared in triplicate. In
case of export under Bond, the invoice should be marked as “For Export without
payment of duty”. In addition to the invoice, a prescribed for ARE 1 has to be
filed in by exporter.
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Obtain permission from the Customs for getting the container to his mills
premises for stuffing (House Stuffing)
Inform the C.Excise Authorities at least 24 hours before bringing the
container for loading.
The C.Excise Authority will supervise the loading, seal the container and certify the
invoice as directed in the permission given by the custom authorities. A special Lock is
used to lock the doors of the container. Samples from the goods will be drawn, if
necessary, as required under the customs permission. Such samples will be sealed and
forwarded along with the container. The examiner in the docks may arrange to send the
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sample for testing. Then the container is moved to the dock for loading. Generally, such
containerized goods are not subject to further examination in the customs. They will be
directly taken for loading.
Application: The exporter must apply to the Sales Tax Officer (STO) under
whose jurisdiction the head/ registered office of the exporter is located.
Deputation of Inspector: The STO may depute an inspector to visit the office of
the exporter and inspect:
o Relevant books showing sales/ purchases.
o Partnership Deed or Memorandum and Articles of Association
along with Incorporation Certificate.
o Other Relevant documents.
Inspection: The inspector visits the office of the exporter and inspects the
necessary books and other documents.
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Report by Inspector: The Sales Tax Inspector makes a report to the STO for
registration or otherwise. The STO verifies the inspector report. The STO, before
granting the ST Reg. Number may cal the exporter for necessary clarifications, if
required.
Security Bond: The STO normally requires the exporter to provide a security
bond from another firm which is registered with the Sales Tax Department.
Granting of Sales Tax Reg. Number: After completing necessary formalities, the
STO grants Sales Tax Reg. Number to the exporter.
II. Exemption Procedure
Obtaining Form ‘H’: the registered exporters need to apply to the concerned STO
for obtaining Form ’H’. the exporter should submit:
o A copy of Letter of Credit
o A copy of Letter of Credit /Export Order.
o Copy of the Invoice , where goods are already purchased for export
purchase.
o A copy of shipping bill duty certified by customs.
The exporter has to affix the prescribed court fee stamp on each of the Form ‘H’ issued.
The STO then affixes the exporter’s company stamp on the Form ’H’.
Filling the details in Form ‘H’: After export of goods, the exporter fills the
relevant details in ‘Form H’. The Form ‘H’ needs to be prepared in triplicate.
The exporter retains one copy, and other two copies are sent to the seller from whom the
exporter purchased the goods for export purpose. The seller than sends on copy of Form
‘H’ to STO along with the Return of Sales Tax. The other copy is retained by seller. The
STO may issue refund order to the exporter.
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Payment in advance
Documentary Bills
Letter of Credit
Open Account
Counter Trade
A. PAYMENT IN ADVANCE
This method does not involve any risk of bad debts, provided entire amount has been
received in advance. At times, a certain per cent is paid in advance, say 50% and the rest
on delivery. This method of payment is desirable when:
The financial position of the buyer is weak or credit worthiness of the buyer is
not known.
The economic/ political conditions in the buyer’s country are unstable.
The seller is not willing to assume credit risk, as un the case of open account
method.
However, this is the most unpopular methods as a foreign buyer would not be willing to
pay advance of shipment unless:
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The document remain in the hands of the bank and the exporter does not lose
possession or the ownership of goods till payment is made,
Other reason may include that the exporter may not be able to allow credit and
wait for payment.
Documents Against acceptance (D/A): The document are released against acceptance
of the Time Draft i.e. credit allowed for a certain period, say 90 days. However, the
exporter need not wait for payment till bill is met on due date, as he can discount the bill
with the negotiating bank and can avail of funds immediately after shipment of goods.
In case of D/A as compared to D/P bills, the risk involved is much grater, as the
importer has already taken possession of goods which may or may not be in his custody
on the maturity date of the bill. If the importer fails to pay on due date, the exporter, will
have to start civil proceedings to receive his payment, if all other alternatives fails. The
risk involved can be insured with ECGC.
C. LETTER OF CREDIT (L/C):
This method of payment has become the most popular form in recent times, it is more
secured as company to other methods of payment (other than advance payment).
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are the L/C opening bank and the reimbursement bank, he is sure to land in trouble at
once stage or another.
There are ample cases of frauds under the Letter of Credit. More and more ingenious
methods are adopted to circumvent the provisions of UPC 500 by fair or foul means.
Hence, even the safety and security under the Letters of Credit may prove to be no better
than a mirage for a man in the desert.
Hence, sufficient care is to be taken by the exporter to ensure that instrument is received
in order and the conditions of the L/C can be well complied with, and there are no clauses
of ambiguity.
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Exporter’s Request: The exporter requests the importer to issue LC in his favor.
LC is the most secured form of payment in foreign trade.
Importer’s Request to his Bank: The importer requests his bank to open a L/C. He
May either pay the amount of credit in his current account with the bank.
Issue of LC: The issuing bank issues the L/C and forwards it to its correspondent
bank with also request to inform the beneficiary that the L/C has been opened.
The issuing bank may also request the advising bank to add its confirmation to the
L/C, if so required by the beneficiary.
Receipt of LC: the exporter takes in his possession the L/C. He should see it that
the L/C is confirmed.
Shipment of Goods: Then exporter supplies the goods and presents the full set of
documents along with the draft to the negotiating bank.
Scrutiny of Documents: The negotiating bank then scrutinizes the documents and
if they are in order makes the payment to the exporter.
Negotiation: The exporter’s bank negotiates the document against the letter of
credit and forwards the export documents to the L/C opening bank or as per their
instructions.
Realization of payment: The issuing bank will reimburse the amount (which is
paid to the exporter) to the negotiating bank.
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Document to Importer: the issuing in turn presents the documents to the importer
and debits his account for the corresponding amount.
In order to have uniformity and to avoid disputes, the ICC Paris has evolved uniform
customs and practices of documentary credit (UCPDC), in short known as UCP 500
effective from 1-1-96. These are rules have been adopted by more than 150 countries.
They provide the comprehensive and practical working aid to banker, lawyer, importers,
exporters, Exporters, transporters, executives involved in international trade.
Note: as soon as an L/C is received ensure that the same is authenticated. Meaning that
the genuineness of the L/C is certified by the Advising Bank by an endorsement with the
marking ‘AUTHENTICATED’ OR ELSE THE L/C IS OF NO USE.
Different Type of Documentary Credits.
There are various types of Documentary Credit opened by a bank in favour of it’s
customer depending upon the requirement. Let us talk about few types of Documentary
Credit which are in common use.
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negotiate the document through the bank of his choice. This is beneficial because
he can negotiate the documents through his own bank where he is having an
account. Since the bank is not alien to him, he will not face any
practical/procedural difficulty in negotiating the document. It is suggested to have
an unrestricted L/C or L/C which may be restricted to the bank of the
beneficiary’s choice.
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o With resource LC: In this type the exporter is held liable to the
paying/ negotiating bank, if the draft drawn against LC is not honored
by the importer/issuing bank. The negotiating bank can make the
exporter to pay the amount along with the interest, which it has
already paid to the beneficiary.
o Without (Sans) Resource LC: In the case of sans (without) resource
letter of credit, the negotiating bank has no recourse to the exporter,
but only to the issuing bank or to the confirming bank.
Normally, the negotiating bank makes advance payment to the exporter in
resource of letter of credit either by discounting bills against letter of credit or by
purchasing the bills of exchange. In such an instance, if the issuing bank fails to
make payment or dishonor the letter of credit, then the negotiating bank cannot
get the money back from the exporter or hold him liable to pay the amount.
However, in the case of with resource letter of credit, the negotiating bank can ask
the exporter to pay back the money along with certain other expenses. For the
exporter, sans Resource letter of credit is more safe as compared to With
Resource letter of credit.
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after each shipment is made the documents are negotiated for which payment are
also made immediately for the value of the shipment. The main benefit in this L/C
is that the buyer, the bank and the exporter are saved from the routine of opening
one L/C every month, the anxiety of non-receipt of the L/C on time, the
amendments that may be warranted every time, the bank charges for opening
number of L/Cs etc.,. A revolving Documentary Credit may have cumulative
effect i.e. if a particular shipment is not made, then the value is added to the value
for future utilization. In an automatic Revolving Credit, the bank is liable for the
total amount covering the entire shipment and where it is non-automatic its
responsibility is restricted to the value of one shipment. In automatic Revolving
Credit the value of the credit is automatically replenished by an amendment.
Where there are continuous shipments like the one stated above one can call for a
Revolving Letter of Credit.
Assignable Documentary Credit: In this type of L/C the benefit is shared between
the first beneficiary and the parties whose names are assigned on the L/C. The
assignee is not a party to the letter of credit but he only derives the benefit as per
the L/C. this is more beneficial to the assignee because he receives his part of the
money once the documents are negotiated by the first beneficiary in whose name
the L/C is opened. Calls for an L/C as necessary.
Stand by Letter of Credit: This is aimed at providing a security to a seller in case
the buyer fails to perform his part. Thus this L/C is used in case of non-
performance while the other types of L/Cs are generally for some performance.
Such credits are paying on first presentation and the only document required
therein is a simple declaration of non-performance along with the statement of
claim. This type of L/C is mainly common in U.S.A.
A standby Documentary Credit is generally common on open account trading
where the seller may expect some security for getting his payment. This is not
permitted in India.
Red Clause LC: The red clause LC is the usual irrevocable LC with further
authorities the negotiating bank to make advance to the beneficiary for the
purpose of processing the export goods. Thus, the red LC enables the exporter to
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obtain packing credit facility for the purpose of processing the goods. It is called a
red-cause LC because it is generally printed/ typed in red ink.
Green Clause LC: The Green LC in addition to permitting packing credit advance
also provides for the storing facilities at the port of shipment. Green LCs is
extensively used in Australian wool creditors.
Documentary LC: Most of the L\C is documentary L\C. Payment is being made
by the bank against delivery of the full set of documents as laid down by the terms
of credit. The important documents required to be submitted by the exporter under
documentary LC includes the following:
o Bill of Lading /Airway Bill or any other transport document
o Commercial Invoice
o Insurance Policy
o Shipping Bill
o Certificate of Origin
o Combined Invoice and Certificate of Value and Origin
o GSP/CWP certificate
o Packing List
o Certificate of Quality Inspection
o Bill of Exchange
o Any other document if required.
A letter of credit may call for some or most of the above documents and may also call for
some other documents specific to the shipment.
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payment at Sight: In this mode, the payment is made by the L/C opening bank or
its nominated bank or by a confirming bank on presentation of the documents in
full conformity with the L/C. The L/C may or may not call for draft at sight for
the full value of the documents.
Deferred Payment Scheme: In this case the payment is to be made at a future date
as stipulated in the L/C. Here, generally NO draft is required as the due date of
payment is defined in the L/C. In case of a confirmed L/C, the final payment is
made by the confirmed bank on due date and by the issuing bank or its nominated
bank if the L/C is not confirmed.
Acceptance Credit : This type of credit requires a usance draft to be drawn on a
nominated or accepting bank. The payment is made by the nominated/accepting
bank on the due date as per instructions of the negotiating bank. In case of a
confirmed L/C the payment on due date is made by the negotiating bank
(confirming bank).
Negotiation Credit: Here the payment is made by the negotiating bank upon
negotiation of the documents if it prepares to take the risk and will recourse to the
beneficiary. If the credit is confirmed, then the negotiation bank is obliged to
make the payment upon submission of a clean document by the beneficiary.
Expect in the case of confirmed L/C there is always a time lag between the date of
negotiation of the document and the date of receipt of the payment. This is a grey area. If
the bank acts swiftly and without prejudice, one gets payment within a week’s time. If the
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payment is delayed beyond this time, though an exporter has every right to ask for
compensation, in actual practice, no justice is done to the exporter for the delayed
payment. Very rarely, on persistent approach by the exporter/their banker, does a
defaulting bank comes forward to compensate for the delayed payment. Generally the
exporter has to forego lot of money in correspondence through the negotiating bank
because every communication of the bank is charged to the exporter. It is no surprise
many exporter suffer this loss silently.
the name of the Bank issuing the Documentary Credit.(The L/C Opening Bank)
the name and address of the buyer on whose behalf the credit is Issued.(The
Applicant)
the name and address of a bank in the country of the seller the credit through
Whom the L/C is to be advised to the seller.
The name and address of the Seller (Beneficiary)
The Maximum Value the opening bank undertakes to pay to the Beneficiary.
The date of issue of the credit.
The Expiry Date of the L/C
The Validity Date for shipment.
The Details of the product to be shipped.(Description)
Details of document required for claiming the payment from the Opening bank.
The name and address of the bank authorized to negotiate the documents.
The Reimbursement Clause.
As soon as an L/C is received ensure that the L/C is authenticated. If the L/C received in
mail the signatures are got to be verified by the advising bank. In case of telex/swift the
bank should endorse on the document authenticated and then only the L/C is a valid
document.
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While the above details are the minimum that a Documentary Credit may have in actual
practice there can be other stipulations mutually agreeable to the buyer, seller and the
opening bank as also the negotiating bank.
The guidelines for the interpretation and usage of Letter of Credit are governed by the
UCP 500 (Uniform Customs Practice for Documentary Credit) published by the
International Chamber of Commerce (ICC). The UPC 500 covers all the procedural
aspects relating to the transactions under a Letter of Credit. Hence one is suggested to be
familiar with all the 49 Articles as detailed in the UCP 500 of 1994.
While all the elements and events that one may encounter in each and every organization
can not be explained, the UCP 500 has attempted to take care most of the queries that one
may encounter normally.
The ICC Uniform Customs and Practice was first published in 1993. Taking into the
consideration of the various developments in the transactions under the Documentary
Credit the ICC has been reviewing these rules and updating the same. As time changes
and the international transactions faces new aspects, attempts will be made to get the
UCP 500 revised.
First and foremost that the credit is properly authenticated by the advising bank.
The letter of credit has been opened in accordance with the terms of the contract.
The name and address of the beneficiary has been spelt properly.
The details of product description, quality, and value are in order.
The validity of shipment and expiry are correct.
The documents that are required can be submitted.
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The negotiating bank to send the documents to the opening bank who will, upon
receipt of the documents, arrange for reimbursement as claimed by the negotiation
bank.
The negotiating bank can claim reimbursement directly from a nominated bank
(say ABC Bank, New York) either upon negotiation of documents or after a
period of ¾ days of negotiation subject to the documents being submitted by the
beneficiary is strictly in conformity with terms and condition of the letter of
credit.
I for one prefer the reimbursement clause as in b) so that on one hand my bank sends the
documents to the opening bank and at the same times claims the reimbursement from
nominated bank.
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These are some of the aspects one should take care to ensure that the L/C established in
his favor is in order and that he can comply with all the provision thereof. However, one
is advised to make a checklist and take a note of each and every condition of the L/C for
compliance at the right time.
PARTIES TO LETTER OF CREDIT
SPECIAL NOTE
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Though one may strongly feel that a Letter of Credit is the safest mode of payment, one
will face innumerous practical difficulties in so far as compliance with the terms and
conditions of the L/C. since several documents are involved, there are every possible of
discrepancy in the documents either between different documents or between the
document or between the document and the L/C. the Negotiating bank soft pedal some of
the discrepancies which they feel may not be pointed out by the opening bank as
discrepancy to favour its customer. In the like manner the opening bank, to safeguard the
interest of the buyer, would like to ensure that the document submitted against a Letter of
Credit are strictly in full conformity of the L/C.
For mastery of the operation under the Letter of Credit one is advised to completely study
the various articles of the UCP 500 so that one can be clear in his mind as to the various
provisions available under the Documentary Credit which will stand good while
negotiating the documents with the bank. While the articles of UCP 500 come safeguard
the interest of both the buyer and the seller, there are certain elements which may be
outside the definition of the UPC 500. Also there is certain flexibility provisions in the
UPC 500 which one might like to exploit to his favour.
So, in spite of the L/C being the safest method to ensure the payment, unless both the
buyer and the seller follow the business ethics there is every chance that one gets cheated
by the other. As a prudent exporter one should be very careful in selecting his customer
apart from taking other safety measures.
If the customer is too good, and you have been dealing with them for a long time, one
may relax and term the L/C as the best method to receive payment. If the customer turns
out to be unscrupulous then he can play havoc. This is applicable to both the seller and
the buyer. There are books on fraudulent us of the Documentary Credits. Sometimes it
may be the buyer who is at the receiving end and some time it may be the other way.
A study of such book as above may help one to take adequate care. But, the brain is
always working in multi directions. It will be no surprise if one comes across newer and
newer dubious methods being adopted by the contracting parties.
TOTAL OPERATION UNDER THE LETTER OF CREDIT.
The Unconfirmed L/C.
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Approaching a Bank: After dispatch of the goods, either by sea, or by air, the
exporter should approach his bank (authorized dealer) with a formal request to
realize sale proceeds from the foreign buyer. It is obligatory to submit the
shipping documents to an authorized dealer within 21 days of the date of
shipment (subject to certain exceptions). In India, the exporters have to realize the
full value of exports within 180 days from the date of shipment, (unless the
payment terms offered are “deferred payment terms”). Where it is not possible to
realize the sale proceeds within the prescribed period, the exporter should apply
for extension in prescribed form ETX (in duplicate) to RBI.
Submission of Documents to the Bank: The exporter should submit the following
documents
o Bill of Exchange
o Full set of Bill of Lading
o Commercial Invoice Copies
o Certificate of Origin
o Insurance Policy
o Inspection Certificate
o Packing List
o GR (duplicate copy to forward it to RBI)
o Bank Certificate
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Letter of Indemnity: If the exporter wants immediate payment from his bankers,
then his bankers may provide advance payment only when the exporter signs an
indemnity letter. The implications of an indemnity letter is that in the event of
refusal of payment by the issuing bank in respect of LC, then the negotiating bank
can ask the exporter to pay back the money advanced along with necessary
charges.
Common Document Discrepancies
o Credit Expired
o Late shipment
o Presented after permitted time from date of issue of shipping
documents
o Short Shipment
o Credit Amount Exceeded
o Underinsured
o Description of goods on invoice differ from that of credit
o Mark and numbers differ between documents
o Bill of lading, Insurance documents, Bill of Exchange not endorsed
correctly
o Absence of Documents called for under credit.
o Insurance certificate submitted instead of policy.
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2.6 The Service Centre operators shall carefully enter the data on the basis of
declarations made by the CHAs/Exporters. After completion of data entry,
the checklist will be printed by the Data Entry Operator and shall be
handed over to the Exporters/CHAs for confirmation of the correctness.
Thereafter, the CHA/Exporters will make corrections, if any, in the
checklist and return the same to the operator duly signed. The operator
shall make the corresponding corrections in the date and shall submit the
shipping bill. The operator shall not make any amendment after generation
of the checklist and before submission in the system unless the corrections
made by the CHAs/Exporters are clearly indicated on the checklist against
the respective fields and duly authenticated by CHA/Exporters signature.
2.7 The system automatically generates the S/Bill Number. The operator shall
endorse the same on the checklist in clear and bold figures. It should be
noted that no copy of the S/Bill would be available at this stage.
2.8 The declarations would be accepted at the service centre from 10.00 hrs to
16.30 hrs. Declarations received up to 16.30 hrs will be entered in the
computer system on the same day.
2.9 The validity of the S/Bill in EDI System is fifteen days only. After expiry
of fifteen days from the date of filing of shipping bill, the exporter has to
file the declaration afresh.
3 PROCEDURE FOR GR-1
3.1 Under the revised EDI procedure there would be no GR-1 Procedure.
Exporters(including CHAs) would be required to file a declaration in the
form SDF. It would be filed at the stage of “goods arrival” One copy of
the declaration would be attached to the original copy of the S/Bill
generated by the system and retained by the customs.The second copy
would be attached to the duplicate S/B (the exchange control copy) and
surrendered by the exporter to the authorized dealer for
collection/negotiations.
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3.2 The exporters are required to obtain a certificate from the bank through
which they would be realizing the export proceeds. If the exporter wishes
to operate through different banks for the purpose, a certificate would have
to be obtained from each of the banks. The certificates would be submitted
to customs and registered in the system. These would have to be submitted
once a year for confirmation or whenever the bank is changed.
3.3 In the declaration form to be filled by the exporters for the electronic
processing of export documents, the exporters would need to mention the
name of the bank and the branch code as mentioned in the certificate from
the bank. The customs will verify the details in the declaration with the
information captured in the system through the certificates registered
earlier.
3.4 In the case of S/Bs processed manually, the existing arrangement of filing
GR-1 forms would continue.
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1.4 The certificate of other agencies, such as, the Cotton Textiles Export
Promotion Council; the Wildlife Inspection Agency under CITES; the
Engineering Export Promotion Council; the Agricultural Produce Export
Development Agency (APEDA), the Central Silk Board and the All India
Handicraft Board should also be obtained on the invoice. Similarly, the no
objection of the Asst. Drug Controller and of the Archaeological of Survey
India would be obtained on the Invoice.
The transitional arrangements would be the same as in the case of AEPC
certification.
1.5 The exporters would have to make use of export invoice or such other
documents as required by the Octroi Authorities for the purpose of octroi
exemption.
2. ARRIVAL OF GOODS AT EXPORT EXAMINATION SHEDS IN CFS
2.1 The existing procedure of permitting entry of goods, brought for the
purpose of examination (and subsequent: “Let export” Order) in the CFS
on the strength of S/B shall be discontinued. The CONCOR will permit
entry of the goods on the strength of the checklist, the date entry form and
the declaration. The CONCOR would endorse the quantity of goods
entering the CFS on the reverse of the checklist
2.2 The goods should be brought for examination within 15 days of filing of
declaration in the Centre. In case of delay, a fresh declaration would need
to be filed
2.3 If at any stage subsequent to the entry of goods in CFS it is noticed that
the declaration has not been registered in the system, the exporters and
CHAs will be responsible for the delay in shipment of goods and any
damage, deterioration or pilferage, without prejudice to any other action
that may be taken.
3. PROCESSING OF SHIPPING BILLS
3.1 The S/B shall be processed by the system on the basis of declaration made
by the exporter. However, the following S/B shall require clearance of the
Assistant Commissioner/Dy. Commissioner (AC/DC Exports):
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DEEC
DEPB
DFRC
EOU
EPCG
3.3 Apart from verifying the value and other particulars for assessment, the
AO / AC / DC may call for the sample s for confirming the declared value
or the checking classification under the drawback schedule / DEEC /
DEPB / DFRC / EOU etc., He may also give special instruction for
examination of goods.
3.4 If the S/B falls in the categories indicted in para 6.1 above, the exporter
should check up with the query counter at the Centre, whether the S/B has
been cleared by Asstt. Commissioner /Dy. commissioner, before the goods
are taken for examination. In case AC / DC raises any query, it should be
replied through the Service Centre or, in case of EDI connectivity, through
terminals of the Exporter / CHA. After all the queries have been
satisfactorily replied to, AC / DC will pass the S/B
4. CUSTOMS EXAMINATION OF EXPORT CARGO
4.1 On receipt of the goods in the Export Shed in the CFS, the exporter will
contact the system examining officer (SEO)and present the checklist with
the endorsement of CONCOR on the declaration, along with all original
documents such as Invoice, Packing List, ARE-1(AR-4)etc. He will also
present additional particulars in the prescribed form.
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4.2 SEO will verify the quantity of the goods actually received against that
entered in the system. He will enter the particulars in the system. The
system would identify the Examining Officer (if more than one are
available)who would be carrying out physical examination of goods. The
system would also indicate the packages(the quantity and the serial
numbers) to be subjected to examination. SEO would write this
information on the checklist and hand it over to the exporter. He would
hand over the original documents to the Examining Officer. No
examination order shall be given unless the goods have been physically
received in the Export Shed. It may, however, be clarified that Customs
may examine all the packages/goods in case of any discrepancy.
4.3 The Examining Officer may inspect and/or examine the shipment, as per
instructions contained in the checklist and enter the examination report in
the system. There will be no written examination report. He will then mark
the Electronic S/B and forward the checklist along with the original
documents to the Appraiser/Supdt. in Charge. If the Appraiser/Supdt. is
satisfied that the particulars entered in the system conform to the
description given in the original documents (including AEPC quota and
other certifications) and the ;physical examination, he will proceed to give
“:Let Export” order for the shipment and inform the exporter. The
Appraiser/Supdt. would retain the checklist, the declaration and all
original documents with him.
4.4 In case of any variation between the declaration in S/B and the documents
or physical examination report, the Appraiser/Supdt. will mark the
electronic S/B to AC/DC Exports. He will also forward the documents to
AC/DC and advise the exporters to meet the AC/DC for further action
regarding settlement of dispute. In case the Exporter agrees with the
views of the Department, the S/B would be processed finally. Where the
exporter disputes the views of the Department, the case would be
adjudicated following the principles of natural justice.
5. GENERATION OF SHIPPING BILLS
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5.1 As soon as the Shed Appraiser/Supdt.gives “Let Export” order, the system
would print 6 copies of the S/B in case of Free and scheme S/B. In case of
DEPB there are 7 S/B. If the S/B (DEPB) is assessed provisionally, then
EP copy will be generated only after AC/DC finalises the assessment. On
the examination report the Appraiser/Shed Supt.will sign. On all the
copies, the Appraiser/Shed Supdt., Examination Offer as well as
exporter’s representative/CHA will sign. Name and ID Card number of the
Exporters representative/CHA should be clearly mentioned below his
signature.
5.2 The distribution of S/Bills is as follows:
DEPB Scheme S/Bills Other Scheme S/Bills
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7. DRAWAL OF SAMPLES
7.1 Where the Appraiser of Customs orders for samples to be drawn and
tested, the Examining Officers will proceed to draw two samples from the
consignment and enter the particulars thereof along with name of the
testing agency in the system. No registers will be maintained for recording
dates of samples drawn. Three copies of the test memo will be sprepared
and signed by the Examining Officer, the Appraiser and Exporter. The
disposal of the three copies would be as follows:
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If the goods have not yet been allowed “Let Export”, Assistant
Commissioner/Dy. Commissioner may allow the amendment.
Where the “Let Export” order has been given, the Addl./Joint Commissioner
(Exports) would allow the amendments
12.2 In both the cases, after the permission for amendments has been granted, the
Asstt./Dy. Commissioner(Exports) will approve the amendments on the
system. Where the print out of the S/B has already been granted, the exporter
will surrender all copies of the S/Bill to the Appraiser for cancellation before
amendment is approved in the system.
13. SHORT SHIPMENTS, SHUT OUT, CANCELLATION AND BACK
TO TOWN PERMISSIONS.
13.1 AC/DE (Export) will give permission for issue of short shipment
certificate, shut out or cancellation of S/B, on the basis of an application
made by the exporter. The S/B particulars would need to be cancelled
/modified in the system before granting such permission. AC/DC should
check the status of the goods, before granting permission.
14. AMENDMENT OF FREIGHT AMOUNT
14.1 If the freight/insurance amount undergoes a change before “Let Exports”
is given, corresponding changes would also need to be made in the S/B
with the approval of AC/DC Exports. But if the change has taken place
after the “Let Exports” Order, approval of Additional/Jt.Commissioner
would be required. Non-intimation of such changes would amount to mis-
declaration and may attract penal action under Customs Act 1962.
15. RECONSTRUCTION OF LOST DOCUMENTS:
15.1 Duplicate print out of EDI S/B cannot be allowed to be generated if it is
lost, since extra copies of S/B are liable to be misused. However, a
certificate can be issued by the Customs stating that “Let Exports” order
has been passed in the system to enable the goods to be accepted by the
Shipping Line, for export. Drawback will be sanctioned on the basis of the
“Let Export” order already recorded on the system.
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18.4 The exporters are also required to give their account number along with
the details of the bank through which the export proceeds are to be
realized.
18.5 Export declarations involving a drawback amount of more than rupees one
lakh will be processed on screen by the AC/DC before the goods can be
brought for examination and for allowing “Let Export”:
18.6 The drawback claims are sanctioned subject to the provisions of the
Customs Act 1962, the Customs and Central Excise duties drawback rules
1995 and conditions prescribed under different sub-headings of the All
Industry rates as per notification number 26/2003-Cus(NT) dated 1.4.2003
as amended by notification number 12/2004-Cus(NT) dated 29-01-04.
18.7 After actual export of the goods, the drawback claims will be processed
through EDI system by the officers of drawback branch on first come first
serve basis. There is no need for filing separate drawback claim. The
claims will be processed, based on the Train Summary/Inward way bill,
submitted by CONCOR. The status of the S/Bill and sanction of
drawback claim can be ascertained from the “query counter” set up at the
service centre. If any query has been raised or deficiency noticed, the same
will be shown on the terminal and a printout of the query/deficiency may
be obtained by the authorized person or the exporter from the service
centre. The exporters are advised to reply to such queries expeditiously
and such replies shall be got entered in the EDI system at the service
centre . The claim comes in queue of the EDI system after reply to
queries/deficiencies is entered by the service centre.
18.8 Shipping Bills in respect of goods under claim for drawback against brand
rates would also be processed in the same manner, except that drawback
would be sanctioned only after the original band rate letter is produced
before the designated customs officer in the office of Asstt/Dy.
Commissioner (Export) and is entered in the system. The exporter should
specify the SS No. of drawback as 98.01 for provisional drawback.
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18.9 All the claims sanctioned in a particular day will be enumerated in a scroll
and transferred to the Bank through EDI. The bank will credit the
drawback amount in the Account of the exporter on the next day and will
handle accounts of the exporters as per their instructions. Bank will also
send a fortnightly statement to the exporters about the payments of their
drawback claims.
19. EXPORT OF GOODS UNDER DEPB
19.1 While filing information as per the format, exporters are required to ensure
that correct Group Code No. of the goods being exported and the item No.
of relevant Group is clearly mentioned (item-wise details). The
exporters/CHAs are advised to fill Item No, in the same manner as given
in the Public Notices issued by DGFT.
19.2 DEPB Credit in respect of items like formulations, injections etc. of group
code No.62 (Chemicals) are at a specific percentage of credit rate for the
relevant bulk drug. For proper calculations of DEPB rate, exporters/CHAs
are advised to claim export under the specific Sl.No. if they are exporting
injections and thereafter mention Sl.No. of Group Code 62 of the bulk
drug of which such injections have been made. The system will calculate
the said specific percentage of the DEPB rate of such bulk drugs,
formulations of which are being exported.
19.3 All the DEPB S/Bills having FOB value less than Rs.5 lakhs and/or DEPB
rates less than 20% will be assessed by Appraiser/Supdt. (DEPB Cell)
However, the S/Bill having FOB value more than Rs.5 lakhs and/or credit
rate 20% or more will be assessed by AC/DC (Export) . Any query at the
time assessing by Appraiser (DEPB cell) or AC/DC (Export) may be
obtained from the service centre and reply to the query has to be furnished
through service centre.
19.4 If the group code No., Item No. and FOB value declared is accepted by the
Appraiser/Supdt (DEPB Cell) or Asstt./Dy. Commissioner(Export), goods
may be brought and entered in the system. The examining officer will feed
the examination report and “Let Export” order will be given by
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the licenses shall be obtained only for such lower value and not for FOB
value declared in S/Bill or as per Bank realisation certificate. Similarly in
cases where market value of the goods is less than twice the credit availed,
the licence shall be obtained for 50% of the present market value of the
goods. The computer at the time of registration of licence will calculate
admissible credit on the basis of exchange rate on the date of realisation of
export proceeds (as per bank realisation certificate) for DEPB items only
and at customs approved value at the time of export. If the amount of
licence is more than the amount of credit calculated by the system, it will
not be possible to register a licence and reference will be made to DGFT
for correction of amount of credit. If the amount of credit as per customs
computer matches with the credit as per DEPB licence, computer will
generate printout regarding verification of the exports giving details like
S/Bill No. date , rate of credit, FOB value as approved by customs and
amount of credit etc. DEPB licence will be registered on the basis of
printout of verification report duly signed by AC/DC (Export). If a DEPB
Licence is having S/Bills exported from other ports in the same city the
exporters can get the licence registered at any of the ports from where he
intends to import the goods in the city after verification about exports from
other ports from where exports were affected. The same procedure will be
followed for DFRC Licences also.
20. EXPORT OF GOODS UNDER 100% EOU SCHEME
20.1 The exporters can get the export goods examined by Central
Excise/Customs Officer at the factory even prior to filling of S/Bill. Self
sealing facility is also available. He shall obtain the examination report in
the form to this Public Notice duty signed and stamped by the examining
officer and supervision officer at the factory. The export invoice shall also
be signed and stamped by both the officers at the factory. Thereafter the
goods shall be brought to the concerned customs warehouse for the
purpose of clearance and subsequent “Let Export”. The exporters/CHA
shall present the goods for registration along with Examination Report,
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22.1 Only shipping bills pertaining to DEEC books issued on or after 1.4.95 will be
processed on the EDI system.
22.2 All the exporters intending to file s/bills under the DEEC scheme including those
under the claim for drawback should first get their DEEC Book registered with the CFS
Mulund. The registration can be done in the service centre.
The original DEEC book would need to be produced at the service centre for data entry.
A print out of the relevant particulars entered will be given to the exporter/CHA. The
DEEC Book would need to be presented to the Appraiser/Supdt., DEEC Cell, who would
verify the particulars entered in the computer with the original DEEC and register the
same in the EDI system. The registration No. of the DEEC Book would be furnished to
the exporter/CHA, which would need to be mentioned on the declaration forms at the
CFS for export of goods It would not be necessary thereafter for the exporter/CHA to
produce the original DEEC book for processing of the export declarations
22.3 Each book will be allotted a Registration No. should be indicated on the shipping
bills in the relevant columns.
22.4 Exporters/CHAs that will be filling S/Bills for export of goods under the DEEC
Scheme would be required to file additional declarations regarding
availment/non-availment of MODVAT or regarding observance/non-observance
of specified procedures prescribed in the Central Excise 1944 in the form. The
declaration should be supported by necessary certificates (ARE-1 or for non-
availment of MODVAT) issued by the jurisdiction Central Excise authorities.
“Let Export” would be allowed only after verification of all these certificates at
the time of examination of goods. The fact that the prescribed DEEC declaration
is being made should be clearly stated at the appropriate place in the declaration
being filled in the service centre or through RES-Mode.
22.5 All the export declarations for DEEC would be processed on screen by the
Appraiser/Supdt., Export Department and the AC/DC Exports. The said
processing would be akin to the processing of Bill of Entry on the EDI System
with provisions for query/reply. After the declarations have been so processed and
accepted, the goods can be presented at the Export Shed along with DEEC Books
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registered in the4 EDI System so that the export declarations are processed
expeditiously.
22.6 Further, exporters availing of DEEC benefits in terms of various notifications
should file the relevant declarations.
22.7 It is further clarified as follows:
While giving details relating to DEEC operations in the form the exporters/CHAs
should indicate the S.No. of the goods being exported in the column titled “ITEM
S.NO.IN DEEC BOOK PART E”
If inputs mentioned in DEEC Import book only have been used in the
manufacture of the goods under export, in column titled “Item Sr.No. in DEEC
Book Part C” the exporters/CHAs are required to give S.No. of inputs in Part-C of
the DEEC Book and Exporters need not fill up column titled “DESCRIPTION OF
RAW MATERIALS”
If some inputs which are not in Part-C of the DEEC Book have been used in the
manufacture of the goods under export and the exporter wants to declare such
inputs, he shall give the description of such inputs in column titled
“DESCRIPTION OF RAW MATERIALS”
In the Col. “IND/IMP”, the exporters are required to write “N”, if the inputs used
are indigenous and “M”. if the inputs used are imported.
In column titled “Cess Schedule Sl.No.” the relevant Sl.No. of the Schedule
relating to Cess should be mentioned.
23. EXPORT OF GOODS UNDER DFRC SCHEME:
The details pertaining to export products i.e. input materials utilized as per SION should
be clearly mentioned in the declaration mentioned at Annexure A at the time of filing.
24. EXPORT GENERAL MANIFEST:
24.1 All the steamer agents shall furnish the Export General Manifest, House Bill of
Landing wise, t the Customs electronically. In the beginning, the steamer agents
are required to enter the manifest in the Customs Computer System through the
Service Centre on payment of the prescribed fee. (In due course, arrangements
will be made for the electronic delivery of Export General Manifest through
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EDI Service Providers. Till such time, all the EGMs will have to be entered at
the Customs Computer System only.)
25. GRIEVANCE HANDLING
25.1 The Asstt. Commissioner/ Dy. Commissioner of Customs, CFS-Mulund may be
approached by exporters or their CHAs for settlement of any problems faced at
any stage of the export clearance.
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the name was again changed to Export Credit & Guarantee Corporation of India Ltd., in
1983. This is a company wholly owned by the Govt. of India and functions under the
administrative control of the Ministry of Commerce and managed by the Board of
Directors representing Government, Banking, Insurance, Trade, Industry etc.
Though one may insist for a Letter of Credit, still there could be some elements of risk
which we will study later here. Except getting an advance payment for the full value of
the supplies, any other mode of payment will have some risk.
Take the case of an exporter who has made supplies and before the payment is received
the buyer goes bankrupt or there comes some new provision or policy of Government of
the importing country preventing repatriation of the funds to other countries what
recourse the exporter has to recover his dues. The litigation procedure might be time
consuming and the exporter can never be sure of getting his full payment. An ECGC
cover a safeguard his interest to a great extent.
An exporter can either agree for sight payment or can made shipment on credit terms for
say 60 days, 90 days etc., In project exports the period of payment may extend to some
years. Longer the period of cre3dit given to the customer, more will be the risk factor for
the exporter.
In respect of sight bill, there is almost no risk because the customer has to make payment
first before he retires the documents. Therefore, before the title of the goods is passed on
to the customer, the importer makes the3 payment. However, in respect of usance bill
(credit bills) the buyer retires the documents by accepting the usance draft and takes
delivery of the goods. In case the customer goes bankrupt or become insolvent, before the
due date of payment, the exporter is totally at a loss. While big units may be able to
absorb the one time loss, small exporters will get broke even with one such transaction.
Here the ECGC comes into picture. It takes up the responsibility of paying the funds to
the exporter and makes all efforts including legal proceedings to recover the dues from
the customer, provided the exporter has taken an ECGC cover.
WHAT ECGC OFFERS FOR PROTECTION OF EXPORTER’S INTEREST ?
ECGC offers various types of insurance cover to protect the exporter’s interest. For each
type of cover an exporter has to take Policy specific to the respective requirements. The
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Policy that is most commonly taken by the exporters is the Standard Policy or otherwise
called the Shipments (Comprehensive Risks) Policy.
SHIPMENTS (COMPREHENSIVE RISKS) POLICY also called STANDARD
POLICY
For exporters with an annual export turnover in excess of Rs.50 lakhs, the Shipments
(Comprehensive Risks) Policy is the one intended for covering shipments on cash basis
or on short-term credit basis. (Credits not exceeding 180 days)
The risks covered this Policy is as follows effective from the date of shipment.:
Commercial Risks
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Since the buyer is able to take delivery of the goods even without retiring the bank
documents, shipments by air are not covered under the policy. However, the exporter
may cover such shipments for payments under open terms. The exporter can have cover
for such shipments, if he has obtained Credit Limit on such buyers on open delivery
terms and also pays the premium at rates applicable to open delivery terms.
HOW TO GET ECGC COVER
Step 1. Open Policy:
An exporter desiring to get the ECGC cover has to approach the office of the ECGC
making a Proposal. He must make his home work and be clear as to what will be his total
turnover during a year ad what will be the maximum amount he expects to be outstanding
from various buyers at a given point of time. Once this is clear he can apply for an Open
Policy for the maximum amount that he expects to be outstanding at a given point of
time. Suppose, he expects that at any given time his outstanding will be say Rs.50/- lakhs
then he can apply for a policy for this amount. After verification of the details of the
exporter, the ECGC may issue a open policy for Rs.50 lakhs with a validity of say 2
years. This is the first step.
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advise the exporter of the same. Similarly, the exporter can have the limit fixed to all his
customers.
Once the limit is taken from ECGC, the exporter is free to make his shipments to the
various customers. If shipment for any customer is made before getting the limit fixed by
ECGC, no risk will be covered for that shipment.
Step 3 – Payment of Premium and filing of monthly returns
For the risk the ECGC takes, it charges a premium on the value of the shipments actually
made. This is calculated as per the table to be supplied by ECGC which shows the
premium per Rs.100 of exports.
This table which gives the premium amount payable is framed based on the following.
The various countries around the globe are divided into different groups and are
classified as A1, A2, B1, B2, C1,C2 & D. The countries are grouped according to
their economic standard. For e.g. USA. Canada, UK are grouped in category A. The
premium amount will be less for group A countries and will be increased gradually to
group B, C & D countries.
The premium for group D countries will be more because they are all economically
weaker countries and payment risks are high
Again the premium table is based on the period of credit. The slab is for credits up to 90
days, 120 days, 180 days etc. Longer the credit period greater is the premium.
Thus, the premium will be least for group A countries and for the shorter credit
period and will be maximum for group D countries and for maximum credit period
FILING OF MONTHLY RETURNS:
The exporter has to send a monthly return in the prescribed form to ECGC declaring the
list of various shipments made and the amount of premium payable as per the premium
table. The exporter has to work out the total premium applicable on the shipment effected
and make payment to the ECGC
The exporter is also expected to file a Monthly Return in a separate form listing all the
Bills which are not paid on due date, if any, so that ECGC is periodically aware of the
defaulters.
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In case of any eventuality when the buyer goes bankrupt, he may prefer a claim with
ECGC for payment.
The policy that is issued for shipment not covered under L/C is called Comprehensive
Policy meaning that the policy will cover both the commercial and political risks. While
commercial risk is that of the buyer going bankrupt, the political risk relates to the
country’s policies which may prevent the repatriation of funds or there could be outbreak
of war preventing financial transactions etc.
All the above relates to shipments not covered under L/C. However, an exporter can have
a separate ECGC Policy for shipments under L/C. Here the exporter will have the policy
covering only the political risk since under L/C, the bank stands as a guarantor and there
is no commercial risk.
An exporter must cover all his exports under ECGC, including bills on sight basis, and
are NOT under L/C. He cannot be selective to certain countries or certain buyer. The
cover is on whole turnover basis.
For all shipments under L/C, the buyer may take a separate policy to cover the political
risks. The premium for L/C shipments will be relatively less than that on comprehensive
policy.
Note: ECGC cover is not for non-payment on account of dispute on quality, damages to
the goods, theft, pilferage etc.
The cover is only when the party goes insolvent or there are some political risk due to
which the exporter is not in a position to get the payment immediately or on due date.
This cover must be distinguished from the general insurance.
VARIOUS POLICIES OFFERED BY ECGC:
1. STANDARD POLICY
An exporter whose annual export turnover is more than Rs.50 lakhs is eligible for this
policy
Period of the Policy: 24 Months
Exclusions permitted: Export to Associates
Letters of Credit
Consignment Exports
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Highest coverage/compensation
Lowest premium rate
NCB of 5% every year
Discrepancy cover for LC
Automatic approval for resale/shipment upto 25% of GIV
Increased discretionary limit
3. SPECIFIC SHIPMENT POLICIES – SHORT TERM (SSP-ST)
These policies can be availed of by exporters who do not hold our Standard Policy or by
exporters having standard policy, in respect of shipment permitted to be excluded from
the purview of the standard policy. Exporters can pick and choose the contract/shipment
to be covered and indicate the type of cover required.
Period of Policy :
The policy would be valid for shipment(s) made from the date of the policy upto last date
allowed under the relevant contract for shipment.
Risk Covered:
Commercial Risks
Political risks
LC Opening Bank Risk
Insolvency risk on agent on conditions
Percentage of Cover: 80%
Important Obligations of the exporters:
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exposure based cover on the selected buyer. The cover would be cover against
commercial and political risk. The option to exclude LC shipment is available. If the
exporter has opted for commercial and political risks cover, failure of LC opening bank
with World Rank up to 25,000 as per latest Bankers Almanac is available. If exporters
opts for only political risks for LC exports premium at a less rate is offered
Period of the Policy: 12 months
Risk covered: Buyer Risk
LC Opening Bank Risks
Political Risks
Percentage of Cover: 90% for Standard policyholder and 80% for others
Important Obligations of the Exporter:
1 Premium Payable in advance
2 Option to pay the premium quarterly in advance is available
3 Premium non refundable
4 Obtaining approval for extension in due date beyond 180 days
5 Declaration of overdue payments
6 Filing of claim within 12 months from due date
7 Sharing of recovery
Highlights:
1. 5% discount premium if paid in advance
2. Declaration procedure waived
3. Exporter to approach only for default in claim
4. One Policy for one buyer
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exposure policy is introduced. Cover would be available for exports to the buyers in
countries listed under open cover category as long as the buyer is not in “default buyers
list” maintained by the Corporation and available on its website www.ecgcindia.com. If
the transaction is on LC terms, failure of the LC opening bank in respect of exports
against LC will also covered, For banks with World Rank upto 25000 as per Latest
Bankers Almanac Cover in respect of exports to restricted over countries would not be
available under this policy
Period of Policy: 12 Months
Risk Covered: Buyer Risks
Political Risks
LC Opening Bank Risks
Percentage of Cover: 80%
Important Obligations of the Exporters:
1. Premium payable in advance
2. Option to pay the premium quarterly in advance is available
3. Premium non refundable
4. Obtaining approval for extension is due date beyond 180 days
5. Declaration of overdue payments
6. Filing of claim within 12 months from due date
7. Sharing of recovery
Highlights:
1. Policy is best suited for exporters who make frequent shipments
2. Reduced premium rates available on conditions
3. 5% reduction on total premium on lump sum payment
4. No declaration required
5. All buyers in open countries covered on conditions
6. Protection up to Aggregate Loss Limit and Individual buyer up to 10% of All.
8. CONSIGNMENT EXPORTS POLICY (STOCKHOLDING AGENT)
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Economic liberalization and gradual removal of international barriers for trade and
commerce are opening up various new avenues of exports opportunities to Indian
exporters of quality goods. A method increasingly adopted by Indian exporters is
consignment exports where goods are shipped and held in stock overseas ready for sale to
overseas buyers, as and when orders are received. Thus separate Credit Insurance Policy
is introduce to cover exclusively shipments on consignment basis taking into account
their special features, providing adequate incentives and simplifying procedures
considerably
Period of the Policy: 12 Months
Risks covered:
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are received. Thus separate credit insurance policy is introduce to cover exclusively
shipments by the exporters to their branches overseas on consignment basis taking into
account their special features, providing adequate incentives and simplifying the
procedures considerably.
Period of the Policy: 12 Months
Risks covered:
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