Professional Documents
Culture Documents
INTRODUCTION
India has a mission to capture 2% of the global share of trade by 2010, 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. International market involves various types of trade documents that need to be produced while making transactions. Each trade document is differ from other and present the various aspects of the trade like description, quality, number, transportation medium, indemnity, inspection and so on. So, it becomes important for the importers and exporters to make sure that their documents support the guidelines as per international trade transactions. A small mistake could prove costly for any of the parties. For example A trade document about the bill of lading is a proof that goods have been shipped on board, while Inspection Certificate, certifies that the goods have been inspected and meet quality standards So, depending on these necessary documents, a seller can assure a buyer that he has fulfilled his responsibility whilst the buyer is assured of his request being carried out by the seller.
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. 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 Manufacturer Exporter: As the exporter has the facility to manufacturer the product he intends to export and hence he exports the products manufactured by him. Merchant Exporter: An exporter who does not have the facility to manufacture an item. But, he procures the same from other manufacturers or from the market and exports the same.
An exporter can be both a manufacturer exporter as well as a merchant exporter, he can export product manufactured by him or he can export items bought from the market. Once it is decided to export, it is mandatory on your part to follow certain procedures, rules and regulations as prescribed by various regulatory authorities such as DGFT, RBI, and Customs. These procedures, rules and regulations are laid down in the Exim Policy 2004-09, Exchange Control Manual, and Customs Act etc. Accordingly Export documents are required to be prepared keeping in view of the requirement of the foreign buyers and our regulatory authorities.
The paperwork that is required for an export sales transaction The means by which the shipping process is facilitated and recorded. Documentation is essential for moving goods through the channels of distribution, transferring responsibility or possession, clearing goods through customs, and facilitating payment according to the agreed upon terms
Export documentation provides evidence that the negotiated terms between the buyer and the seller have been complied with
Export documentation provides important information that is used by the seller, the freight companies, governments, and the buyer
The point of emphasis here is that an exporter has to follow certain procedural
routines while executing an export shipment and therefore and he must be fully aware of the drill.
1. Enquiry 2. Quotation 3. Order Receipt and Acceptance 4. Finance, Production and Packing 5. Excise Clearance 6. Export Documents 7. Cargo Insurance and Shipping Space Reservation 8. Customs Clearance 9. Receipt of Shipment Documents from C&F Agent 10.Shipment Advice to Buyer 11.Presentation of Shipment Documents to the Negotiating Bank
12.Presentation of Documents for Payment to Foreign Bank by the Negotiating Bank 13.Export Incentives
Function
Customs clearance of export/import cargo Consolidation of cargo Advice on shipping/air routes Booking of ship/air space Inland haulage in both countries Loading/offloading activities Cargo Insurance Warehousing facilities both local and foreign Packing/Repacking Activities Documentation Services Attending to Port Formalities Helping exporter with filing claims for export incentives Assist in pre-shipment inspection by buyer nominated agency Represent shipping companies to offer one window services
Services Offered
Air Freight Forwarding Custom Clearance Packing Shipping Multi Modal Transport Facilities Warehousing
Transport goods to port of export Complete Customs documentation Transfer goods to carrier Ship goods and forward appropriate export documents Unload goods at foreign port. Clear customs. Transport goods from foreign port to intermediate and/or ultimate consignee
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.
Commercial Documents
Commercial documents are required for effecting physical transfer of goods and their title from the exporter to the importer and the realization of export sale proceeds. Out of the 16 commercial documents in the export documentation framework as many as 14 have been standardized and aligned to one another. These are proforma invoice, commercial invoice, packing list, shipping instructions, intimation for inspection, certificate, of inspection of quality control, insurance declaration, certificate' of insurance, mate's receipt, bill of lading or combined transport document, application for certificate origin, certificate of origin, shipment advice and letter to the bank for collection or negotiation of
documents. However, shipping order and bill of exchange could not be brought within the fold of the Aligned Documentation System.
Commercial Invoice
Commercial invoice is an important and basic export document. It is also known as a 'Document of Contents' as it contains all the information required for the preparation of other documents. It is actually a seller's bill of merchandise. It is prepared by the exporter after the execution of export order giving details about the goods shipped. It is essential that the invoice is prepared in the name of the buyer or the consignee mentioned in the letter of credit. It is a prima facie evidence of the contract of sale or purchase and therefore, must be prepared strictly in accordance with the contract of sale.
Name of the country of origin of goods. Name of the country of final destination. Terms of delivery and payment. Marks and container number. Number and packing description. Description of goods giving details of quantity, rate and total amount in terms of internationally accepted price quotation. Signature of the exporter with date.
Inspection Certificate
The certificate is issued by the inspection authority such as the export inspection agency. This certificate states that the goods have been inspected before shipment, and that they confirm to accepted quality standards. Certificate of Inspection is a document prepared on the request of seller when he wants the consignment to be checked by a third party at the port of shipment before the goods are sealed for final transportation.
In this process seller submit a valid Inspection Certificate along with the other trade documents like invoice, packing list, shipping bill, bill of lading etc. to the bank for negotiation On demand, inspection can be done by various world renowned inspection agencies on nominal charges
SPECIFIC POLICY: This policy is taken to cover different risks for a single
shipment. For a regular exporter, this policy is not advisable as he will have to take a separate policy every time a shipment is made, so this policy is taken when exports are in frequent.
Floating Policy: This is taken to cover all shipments for some months. There is
no time limit, but there is a limit on the value of goods and once this value is crossed by several shipments, then it has to be renewed.
Open Policy: This policy remains in force until cancelled by either party i.e.
insurance company or the exporter.
Open Cover Policy: This policy is generally issued for 12 months period, for
all shipments to one or more destinations. The open cover may specify 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.
Consular Invoice
Consular invoice is a document required mainly by the Latin American countries like Kenya, Uganda, Tanzania, Mauritius, New Zealand, Myanmar, Iraq, Australia, Fiji, Cyprus, Nigeria, Ghana, Guinea, Zanzibar, etc. This invoice is the most important document, which needs to be submitted for certification to the Embassy of the importing country concerned. The main purpose of the consular invoice is to enable the authorities of the importing country to collect accurate information about the volume, value, quality, grade, source, etc., of the goods imported for the purpose of assessing import duties and also for statistical purposes. In order to obtain consular invoice, the exporter is required to submit three copies of invoice to the Consulate of the importing country concerned. The Consulate of the
importing country certifies them in return for fees. One copy of the invoice is given to the exporter while the other two are dispatched to the customs office of the importer's country for the calculation of the import duty. The exporter negotiates a copy of the consular invoice to the importer along with other shipping documents.
It makes the task of the customs authorities easy. It facilitates quick calculation of duties as the value of goods as determine by the Consulate is considered for the purpose.
Certificate of Origin
The importers in several countries require a certificate of origin without which clearance to import is refused. The certificate of origin states that the goods exported are originally manufactured in the country whose name is mentioned in the certificate. Certificate of origin is required when: The goods produced in a particular country are subject to prefer ential 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: The authorized Chamber of Commerce of the exporting country. Trade Association. Of the exporting country.
(b) Certificate of Origin for availing Concessions under GSP :Certificate of origin required for availing of concessions under Generalized System of Preferences (GSP) extended by certain, countries such as France, Germany, Italy, BENELUX countries, UK, Australia; Japan, USA, etc. This certificate can be obtained from specialized agencies, namely; Export Inspection Agencies. Jt. Director General of Foreign Trade. Commodity Boards and their regional offices. Development Commissioner, Handicrafts. Textile Committees for textile products. Marine Products Export Development Authority for marine products. Development Commissioners of EPZs
(c) Certificate for availing Concessions under Commonwealth Preferences (CWP): Certificate of origin for the purpose of Commonwealth
Preference is also known as 'Combined Certificate of Origin and Value'. It is required by two member countries, i.e. Canada and New Zealand of the Commonwealth. For concession under Commonwealth preferences, the certificates or origin have to be submitted in special forms obtainable, from the High Commission of the country concerned.
(d) Certificate for availing Concessions under other Systems of Preference: - Certificate of origin is also required for tariff concessions. Under
the Global System of Trade Preferences (GSTP), Bangkok Agreement (BA) and SAARC Preferential Trading Arrangement (SAPTA) under which India grants and receives tariff concessions on imports and exports. Export Inspection Council
(EIC) is the sole authority to print blank Certificates of Origin under BA, SAARC and SAPTA which can be issued by such agencies as EPCs, DCs of EPZs, EIC, APEDA, MPEDA, FIEO, etc...
Certificate of origin is required for availing of concessions under Generalized System of Preferences (GSP) as well as under Commonwealth Preferences (CWP). It is to be submitted to the customs for the assessment of duty clearance of goods with concessional duty. It is required when the goods produced in a particular country are banned for import in the foreign market. It helps the buyer in adhering to the import regulations of the country. Sometimes, in order to ensure that goods bought from some other country have not been reshipped by a seller, a certificate of origin IS required.
Bill of Lading
The bill of lading is a document issued by the shipping company or its agent acknowledging the receipt of goods on board the vessel, and undertaking to deliver the goods in the like order and condition as received, to the consignee or his order, provided the freight and other charges as specified in the bill have been duly paid. It is also a document of title to the goods and as such, is freely transferable by endorsement and delivery.
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
Name of the port of loading. Name of the port of discharge and place of delivery. Marks and container number. Packing and container description. Total number of containers and packages, Description of goods in terms of quantity. Container status and seal number. Gross weight in kg. And volume in terms of cubic meters. Amount of freight paid or payable. Shipping bill number and date. Signature and initials of the Chief Officer. .
It acts as a document of title to goods, which is transferable endorsement and delivery. The exporter sends the bill of lading to the bank of the importer so as to enable him to take the delivery of goods. The exporter can give an advance intimation to the foreign buyer about the shipment of goods by sending him a non-negotiable copy of bill of lading
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.
Description of goods in terms of quantity. Container status and seal number. Amount of freight paid or payable.
Signature and initials of the issuing carrier or his agent.
Packing List
The exporter prepares the packing list to facilitate the buyer to check the shipment. It contains the detailed description of the goods packed in each case, their gross and net weight, etc. The difference between a packing note and a packing list is that the packing note contains the particulars of the contents of an individual pack, while the packing list is a consolidated statement of the contents of a number of cases or packs.
Bill of exchange
The instrument is used in receiving payment from the importer. The importer may prefer bill of exchange to LC as it does not involve blocking of funds. A bill of exchange is drawn by the exporter on the importer, to make payment on demand at sight or after a certain period of time. B/E is a means to collect payment. B/E is a means to demand payment. B/E is a means to extent the credit. B/E is a means to promise the payment. B/E is an official acknowledgement of receipt of payment. Financial documents perform the function of obtaining the finance collection of payment etc. 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.
The drawer: The exporter / person who draws the bill. 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.
4.
Bill of exchange after Date: In this case the due date is counted from the date
of drawing and is also called bill after date Bill of Exchange after Sight: In this case the due date is counted from the date of acceptance of the bill and is also called bill of exchange after sight
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.
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.
Exporter's reference number. Buyer's reference number and date. Name of the country of origin of goods. Name of the country of final destination. Marks and container number. . Number and packing description. Description of goods giving details of quantity, rate and total amount in
terms of internationally accepted price quotation.
1.
2.
Name of the shipper \ exporter. Name & address of buyer. Details of goods such as packages, quantity, value in foreign currency as well as in Indian Rs. Etc. Name of the Vessel \ Aircraft.
Value for which insurance to be covered.
The certificate must provide that the information required by the credit and be consistent with all other document, it would normally include: The name of the company and address as exporter The name of the importer Package numbers, shipping marks and description of goods to agree with that on other documents Any weight or measurements must agree with those shown on other documents It should be signed and stamped by the Chamber of Commerce
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.
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.
It is an acknowledgement of goods received for export on board the ship. It is a transferable document. It must be handed over to the shipping company in order to get the bill of lading. Bill of lading, which is the title of goods, is prepared on the basis of the mate's receipt.
It enables the exporter to clear port trust dues to the Port Trust Authorities .
Shipping order:
intimating the exporter about the reservation of space for shipment of cargo which the exporter intends to ship. Details of the vessel, poet of the shipment, and the date on which the goods are to be shipped are mentioned.
Shipping Instructions
At the pre-shipment stage, when the documents are to sent to the CHA for customs clearance, necessary instructions are to be give with relevance to The export promotion scheme under which goods are to be exported. Name of the specific vessel on which the goods are to be loaded. If goods are to be FCL or LCL. If freight amount are to be paid / collected. If shipment are covered under A.R.E.-1 procedure. Instructions for obtaining Bill of Lading etc.
Regulatory Document
Regulatory pre-shipment export documents are prescribed by the different government departments and bodies in order to comply with various rules and regulations under the relevant laws governing export trade such as export inspection, foreign exchange regulation, export trade control, customs, etc. Out of 9 regulatory documents four have been standardized and aligned. These are shipping bill or bill of export, exchange control declaration (GR from), export
application dock challan or port trust copy of shipping bill and receipt for payment of port charges.
Shipping Bill
Shipping bill is the main customs document, required by the customs authorities for granting permission for the shipment of goods. The cargo is moved inside the dock area only after the shipping bill is duly stamped, i.e. certified by the customs. Shipping bill is normally prepared in five copies: Customs copy. Drawback copy. Export promotion copy. Port trust copy. Exporter's copy.
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 colors have been provided to different kinds of shipping bills:
Types of goods
Drawback shipping bill Dutiable shipping bill Duty-Free shipping bill
By Sea
By Air
goods exported.
customs, these forms have been dispensed with and a new form SDF has to be submitted to the customs in the place of above forms.
Export Application
This is the application to be made to the customs officials before shipment of goods. The prescribed form of the application is the Shipping Bill/Bill of Export. Different types are required for shipment like ex-bond, duty free goods, and dutiable goods and for export under different export promotion schemes such as claims for duty drawback etc.
Other Document
Language Certificate
Importers in the European Community require a language certificate along with the GSP certificate in respect of handloom cotton fabrics classifiable under NAMEX code 55.09. Generally four copies of language certificate are prepared by the concerned authority who issues GSP certificate. Three copies are handed over to the exporter. A copy is sent along with the other documents for realization of export proceeds.
Customs Invoice
This is required by the countries like Canada, USA for imposing preferential tariff rates.
Legalized Invoice
This is required by the certain Latin American Countries like Mexico. It is just like consular invoice, which requires certification from Consulate or authorized mission, stationed in the exporters country.
Special Provision under Uniform Customs and practice for Documentary Credit UCP-500, for Commercial Invoice. Article-37: Commercial Invoice o Must appear on their face to be issued by the beneficiary named in the credit. o Must be made out in the name of the applicant.
o Need not be signed
Banks may refuse Commercial Invoice issued for amounts in excess of the amount permitted by the credit except otherwise stated. The description of the goods in the commercial invoice must correspond with the description of the credit. In all other documents the goods may be described in the General in general terms not inconsistent with description in the credit. In all documents goods may be described in general terms not inconsistent with the Description of the goods in the credit.
Pre-Shipment Documents:
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.
GR FORM:
export of software in physical form i.e. magnetic tape/discs and paper media.
SDF FORM:
declare to the customs offices notified by the Central Government which have introduced EDI system for processing Shipping Bill.
PP FORM: To be completed in duplicate for export by post. SOFTX: To be completed in triplicate for export of software otherwise than in
the physical form i.e. magnetic tapes/discs and paper media.
Details of commission and discount due to foreign agent or buyer should be correctly declared otherwise difficulties may arise at the time of remittance of such commission. It should be clearly indicated in the form whether the export is on outright sale basis or on consignment basis and irrelevant clauses must be stuck out Under the term analysis of full export value a break up of full export value of goods under F.O.B value, freight and insurance should be furnished in all cases, irrespective of the terms of contract. All documents relating to the export of goods from India must pass through the medium of an authorized dealer in foreign exchange in India within 21 days of shipment. The amount representing the full export value of goods must be realized within six months from date of shipment.
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.
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 formC & 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.
Octroi officer at Docks will endorse the Shipping Bill number & shipment details on N form. Proof of export... N form with above endorsement to be submitted to the Head Office along with copies of Shipping Bill, Bill of Lading, Export Invoice etc.
Procedure 3
E.P (Export Promotion) Form.
Registration form + IEC / RCMC + CA Certificate. Number will be allotted.
Fees Rs. 500/-
Documents Checked
Factory Challan cum Invoice. ARE 1. EP forms 3 copies. Export order. Shipping Bill.
Bar Coding
It is the endeavor of the Central Government to enhance export competitiveness of the Indian products and to promote substantially. Compliance with prevalent international best practices. National task force has recommended adoption of Bar-coding for all Indian products within five years. Bar coding, using International Symbologies / Numbering, systems would enable timely and accurate capture of product information and its communication across the supply chain ahead of physical product flow.
With the ultimate objective of facilitating adoption of Bar-coding for all
products using international Symbologies numbering systems all exports of finished and packaged items meant for retail sale shall incorporate barcodes from a date to be notified by DGFT.
At present, the export items that are subjected to compulsory inspection includes food and agricultural products, chemicals, engineering, coir, jute and footwear.
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.
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 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. Constant vigil and surveillance are kept on units approved under IPQC and selfcertification system. Units approved under the above two systems are often known as Export worth Units, because of their consistent standards of quality.
exporter or his C&F agent, and that the duty has been properly determined and paid, if any.
Submission of Documents:
documents include: ARE-1 (Original and duplicate)
necessary documents along with the shipping bill to the Custom House. The
Excise gate pass (Original and duplicate transporters copy Proforma Invoice Packing List GRI form (Original and duplicate) Customs Invoice (where required in the importing country) Original letter of credit/contract Declaration form in triplicate Quality Certificate Purchase memo Labels License (if any required) including advance license copy Railway receipt/lorry way bill Inspection Certificate by Export Inspection Agency
Verification of Documents:
Examination Order on the duplicate copy of shipping bill regarding the extent of physical examination of the goods at the docks. All documents are returned back to the agent or exporter, except Original Copy of GR to be forwarded to RBI Original copy of shipping bill One copy of commercial invoice
Carting Order: The exporters 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 exporters agent to cart goods inside the docks and store them in proper sheds.
goods are moved inside the docks. The goods are then stored in the sheds at the
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 Mates Receipt. The Mates Receipt is sent to the Port Trust Office. The C&F agent pays the port trust dues and collects the mates receipt. The C&F agent then approaches the CPO and gets the certification of shipment of goods on AR Forms and other documents
shipping company (on whose vessel the goods are loaded). The shipping company issues bill of lading. The Bill of Lading is issued in: 3 negotiable copies of Bill of Lading 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.
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.
Information to Range Superintendent of Central Excise (RSCE): The ACCE will inform the RSCE under whose jurisdiction
are intended to be cleared for export the goods
The inspector returns the original and duplicate copies to the exporter The triplicate copy is sent to officer (ACCE or Maritime Commissioner (MCCE) to whom bond was executed or letter of undertaking (LUT) was given. This copy
can also be handed over to the exporter in a tamper proof sealed cover to be submitted to ACCE/MCCE. The 4th copy will be retained by the excise inspector. The 5th copy is also handed over to the exporter. At the time of export, original, duplicate and the 5th copy (optional) will be submitted to customs officer. The customs officer will examine these copies and then export will be allowed. The customs officer will then make endorsement of export on all copies of ARE-1. He will cite shipping bill number and date and other particulars of export on ARE1 The original copy and quintuplicate (optional) will be returned to the exporter. The duplicate copy will be sent directly to the ACCE\MCCE i.e. excise officer with whom bond was executed will get 2 copies, one from RSCE (or excise inspector) when goods are cleared from factory and other Custom Officer after export. This will enable him to keep track to ensure that all goods cleared from factory or warehouse without payment of duty are actually exported. In case of export after payment of duty, under claim of rebate, the basic procedure is same as above, except that the triplicate copy (by excise inspector) and duplicate copy (by customs officer) will be sent to the officer to whom rebate claim is filed. If claim of rebate is by electronic submission, these copies well are sent to excise rebate audit section at the place of export.
of ARE-1 form and the duplicate and triplicate copies of ARE-1 form, which he had received earlier. If the copies match, then refund is given or the bond is released.
And stuffed into a separate container. An exporter gets the benefit on the freight amount for a full container. (Generally called box rate) Alternatively, he can have a container allotted to him and get the same to his Mills Premises. The goods meant for exports can be stuffed into the container under the supervision of the regional Central Excise Authority. Here the exporter has to
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 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.
METHODS OF PAYMENT
There are three methods of payment depending upon the terms of payment, and each method of payment involves varying degrees of risks for the exporter. The methods are: Payment in advance Documentary Bills Letter of Credit Open Account Counter Trade
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 buyers country are unstable. The seller is not willing to assume credit risk, as in 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: The goods are specifically designed for the customer, and There is heavy demand for the goods (a sellers market situation).
DOCUMENTARY BILLS:
Under this method, the exporter agrees to submit the documents to his bank along with the bill of exchange. The minimum documents required are full set of bill of lading commercial Invoice Marine Insurance policy and other document, if required. There are two main types of documentary bills: 1) Documents against Payment,
2) Documents against Acceptance.
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 greater, 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.
any monetary limit provided the exporters track record is good, he is a customer of the authorized dealers through whom documents are to be negotiated and prima facie the instrument of payment represents export proceeds realization. Take care to submit various documents in a proper manner and within the prescribed time schedule. Apply to the Reserve Bank for extension of time in case you feel there is likely to be a delay in realizing export proceeds.
The following are the steps in realizing export proceeds: 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.
Inspection Certificate Packing List GR (duplicate copy to forward it to RBI) Bank Certificate
Other relevant documents.
The above documents need to be submitted in two complete sets, because it is customary to dispatch two sets of documents, one after the other. This is because, if one set is misplaced or delayed in transit, the importer can get at least the other set and clear the goods.
Verification of Documents:
Whether the required documents are in order. Whether the required documents are attested by customs and other authorities.
Letter of Indemnity:
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.
Presented after permitted time from date of issue of shipping documents Short Shipment Credit Amount Exceeded Underinsured Description of goods on invoice differ from that of credit Mark and numbers differ between documents Bill of lading, Insurance documents, Bill of Exchange not endorsed correctly Absence of Documents called for under credit. Insurance certificate submitted instead of policy. Weight in different document differs. Class of Bill of lading no acceptable-charter party or House B/L. Insurance cover expressed in currency other than that of credit. Absence of signature, where required on documents. Bill of exchange not drawn as per tenor stated in credit. Bill of exchange drawn on wrong party. Insurance risks covered not being those specified in credit. Absence of freight paid statement on B/L in CFR of CIF shipment. Bill of lading doses not carry shipped on broad stamp. Amount shown on invoice and bill of exchange differ. Shipment not make to port specified. Transshipment/part shipment undertaken where expressly forbidden.
Discounting of bills:
Dispatch of documents:
negotiation/collection, the bank examines them thoroughly with reference to the terms and conditions of the buyers order. Letter of credit and the laws relating to foreign exchange control. If any scrutiny, the documents are in order, the bank dispatches them to its overseas branch/correspondent branch as early as possible. The overseas branch of the bank then submits the document to the importers bank, and the importers bank hands it over to the importer.
These regulations shall apply for clearance of goods carried by authorized courier on outgoing flights on behalf of exports. Consigner for a commercial consideration. Export Terms & conditions:
is dealing have some credit worthiness. This he may be able to do either through the local agent who is in a better position to know about the customer or through a bank or through any of the exporters associates if happens to be in the area of the customer etc., But, in a business things may change. The financial status of a customer may take drastic turn and an established customer may go bankrupt within a short period of time. Moreover, the buyer may be willing to make the payment, but there is other environment which prevents him from effecting the transfer of funds through the bank. For e.g., there could be break out of war, the balance of payment position of the country may become unfavorable, there may be some coup of the government etc., and all transactions could be sealed. These are the risk factors for the exporters. What is the guarantee that he will get paid for the supplies he has made? With a view to provide support to Indian exporters, the Govt. of India set up the Export Risk Insurance Corporation (ERIC) in 1957. This was transformed into Export Credit & Guarantee Corporation Ltd. in 1964. In order to give the Indian identity a sharper focus 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 onetime 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.
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
Insolvency of the buyer
Failure of the buyer to make payment within a specified period. Buyers failure to accept the goods subject to certain conditions.
Political Risks
Imposition of restrictions by the Govt. of the buyers country or any government action which may block or delay the transfer of payment made by the buyer. War, civil war, revolution or civil disturbances in the buyers country New import restrictions or cancellation of a valid import license
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.
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, and 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 countries and for the shorter credit period and will be maximum for group D countries and for maximum credit period
An exporter whose annual export turnover is more than Rs.50 lakhs is eligible for this policy Period of the Policy: Exclusions permitted: 24 Months Export to Associates Letters of Credit Consignment Exports Risk Covered: Commercial Risks Political Risks LC Opening Bank Risks Percentage of Cover: Minimum Premium: 90% Rs.10, 000/- adjustable
Highlights
Lowest Premium Rate NCB OF 5% every year Discrepancy cover of LC Automatic Approval for resale/shipment up to 25% of GIV Increased discretionary limit
Exclusions Permitted: Exports to Associates Letters of Credit Consignment Exports Risk Covered: Commercial Risks Political Risks LC Opening Bank Risks Percentage of Cover: 95% for commercial risks 100% for political risks Minimum Premium : Rs.2, 000 adjustable
Highlights
Highest coverage/compensation Lowest premium rate NCB of 5% every year Discrepancy cover for LC Automatic approval for resale/shipment up to 25% of GIV Increased discretionary limit
Percentage of Cover:
Highlights:
Selection for Insurance cover Other exports not to be declared Add on Marine Insurance Cover Premium rate reduced proportionately on higher share of loss to exporter.
4.
The specific buyer policy provides cover for shipments made to a particular buyer or set of buyers. An exporter not holding the standard policy can avail of this to cover their shipments to one or more buyers. Exporters holding Standard Policy can also avail this Policy for covering shipments to individuals Buyers, if all shipments to such buyers have been permitted to be excluded from the purview of the Standard Policy.
Percentage of Cover:
80%
Highlights:
1 Selective buyer can be insured 2 Option to exclude LC exports 3 Premium rate can be reduced proportionately 5.
Turnover Policy is for the benefit of large exporters who contribute not less than Rs.10 lakhs per annum towards premium. The policy envisages projection of the export turnover of the policyholder for a year and the initial determination on the
premium payable on that basis, subject to adjustment at the end of the year based on actual. Period of the Policy Risk covered: : 12 Months Commercial Risks Political Risks LC Opening Bank Risks Percentage of Cover: 90%
Highlights:
1. Simplified procedure for payment of premium 2. 10% of projected premium is waived when exports increase beyond projection 3. Increased discretionary limit
Some exporters export to large number of buyers. The number of shipments made by them is also quite high. In order to meet the needs of such exporters, Multi buyer 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 up to 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: Risk Covered: 12 Months Buyer Risks Political Risks LC Opening Bank Risks Percentage of Cover: 80%
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.
MATURITY FACTORING
The Maturity Factoring scheme, as designed by ECGC has unique features and does not exactly fit into the conventional mould of maturity factoring. The changes devised are intended to give the clients the benefits of full factoring services through the maturity factoring scheme, thus effectively addressing the needs of exporters to avail of pre- finance (advance) on the receivable, for their working capital requirements. One important feature is the very role and special benefits envisaged for banks under the scheme. Benefits: 100% credit guarantee protection against had debts Sales register maintenance in respects of factored transaction Regular monitoring of outstanding credits, facilitating collection of receivable on due date, recovery, at its own cost, of all recoverable had debt