Role of Fedai
Role of Fedai
Role of Fedai
In a regime where exchange rates were fixed and there were restrictions on outflow of
foreignexchange, the RBI encouraged the banks to constitute a self regulatory body and lay down
rulesfor the conduct of forex business. In order to ensure that all the banks participated in
thearrangement, the RBI placed a condition while issuing foreign exchange licence that everylicensee
agree to be bound by the rules laid down by the banker’s body – the FEDAI. FEDAI alsoaccredited
brokers through whom the banks put through deals. There is increasing emphasis nowon
competition, and fixing or advising charges by professional bodies is being viewed withdisfavour and
often treated as a restrictive trading practice. It is currently argued by some thatwith the growth in
volumes and giant strides in telecommunication, banks may no longer need todeal through brokers
when efficient match making arrangements exist. As in some other markets,the deals are concluded
on the basis of voice broking and it is sometimes held that this oftenresults in conclusion of deals
which are less than transparent, evidenced by instances wheredeals have been called off on payment
of differences. Under the circumstances, there is perhapsa need to review several aspects, viz.,
compatibility of advising or prescribing fees with pro-competition policy; role of brokers; electronic
dealing vis-à-vis voice broking; and relationshipbetween the RBI, FEDAI and authorised dealers.
First, there are some limits on freedom accorded to banks, such as ones on borrowingand investing
overseas; ceilings on interest rates and maturities of non-resident foreigncurrency deposits; and
these could be reviewed at appropriate time, with a view toliberalising them prudently.
Third, the restoration of freedom to corporates to hedge anticipated exposures iscontinuously under
review. However, the issue of restoration of facility to rebookcancelled contracts needs to be
reviewed with caution.
Fourth, the extension of facility of forward cover to FIIs is also under continuous review,though
facilities available now are yet to be fully utilised by FIIs.
Fifth, trading in derivatives is a desirable objective, but a number of preconditions are tobe satisfied
in the matter of institutional as well as regulatory arrangements. This is acomplex task, but certainly
is on the agenda of reform.
•
Sixth, setting up a forex clearing house is on the agenda and it is essential to design it onpar with
other leading clearing systems in the world.
Seventh, a number of recommendations of Tarapore Committee have been accepted,and others are
also reviewed from time to time. A view will have to be taken on each oneof them only in the context
of overall liberalisation of capital account, which in turn,depends on, among other things, progress of
our financial sector reforms and evolvinginternational financial architecture.
Eighth, development of deep and liquid money market with a well-defined yield curve inplace is an
accepted objective of RBI. The actions taken and those contemplated toperform this hard task have
already been articulated in my earlier speeches on money
and debt markets, and the recent Monetary and Credit Policy Statement of April 1999 hasprovided
evidence of RBI's approach in this regard.
Ninth, implementation of the recommendations of the Report on Public Sector Enterprises will
facilitate the efficient management of their foreign currency risks and alsoeven out lumpy demand
and supply situations in the forex market.
Tenth, while there is a dominant view that setting up Mumbai as an off-shore financialcentre is no
longer a necessity, the views of CII, which is posing the issue, may have tobe awaited and considered
seriously.
Eleventh, in any effort to develop markets, role of self regulatory bodies is critical. Therole of FEDAI in
achieving greater competition, efficiency and transparency in the forexmarkets needs to be reviewed
on a continuous basis, so as to keep pace withdevelopments in technology and financial sector
reforms.
Twelfth, a number of legislative changes are under contemplation, and of these the onesrelating to
Foreign Exchange Management and Money Laundering are critical todevelopment of forex markets.
Harmonisation between existing institutions, regulationsand practices, including transition path to
new legislative framework would be asignificant task in the context of forex market development.
•
Thirteenth, several representations have been received by Regulations Review Authorityto simplify,
streamline and rationalise some of the regulatory and reporting requirementspertinent to foreign
exchange. The RRA should be taking a final view in the matter, on thebasis of expected report of
group of Amicus Curiae, within a few weeks.
Fourteenth, in the area of technology, on-line connectivity has been initiated in respect of data
transmission by market to the RBI. Once this system is fully established, it will leadto a very prompt
and effective on-line monitoring by RBI as well as reduction inmultiplicity of reporting statements.
Similarly, initiatives are underway to expedite backoffice linkage between banks themselves and with
RBI for settlement, which will fructifyonce the VSAT is fully operational.
Rules of FEDAI also include announcement of daily and periodical rates to its
member banks.
FEDAI guidelines play an important role in the functioning of the markets and work in
close coordination with Reserve Bank of India (RBI), other organizations like Fixed Income
Money Market and Derivatives Association (FIMMDA), the Forex Association of India and
various other market participants.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Clean Payments
o Advance Payment
o Open Account
Payment Collection of Bills in International Trade
There are 3 standard ways of payment methods in the export import trade international
trade market:
1. Clean Payment
2. Collection of Bills
1. Clean Payments
In clean payment method, all shipping documents, including title documents are handled
directly between the trading partners. The role of banks is limited to clearing amounts as
required. Clean payment method offers a relatively cheap and uncomplicated method of
payment for both importers and exporters.
There are basically two type of clean payments:
Advance Payment
In advance payment method the exporter is trusted to ship the goods after receiving
payment from the importer.
Open Account
In open account method the importer is trusted to pay the exporter after receipt of
goods.
The main drawback of open account method is that exporter assumes all the risks while
the importer get the advantage over the delay use of company's cash resources and is
also not responsible for the risk associated with goods.
2. Payment Collection of Bills in
International Trade
The Payment Collection of Bills also called “Uniform Rules for Collections” is published by
International Chamber of Commerce (ICC) under the document number 522 (URC522)
and is followed by more than 90% of the world's banks.
In this method of payment in international trade the exporter entrusts the handling of
commercial and often financial documents to banks and gives the banks necessary
instructions concerning the release of these documents to the Importer. It is considered to
be one of the cost effective methods of evidencing a transaction for buyers, where
documents are manipulated via the banking system.
There are two methods of collections of bill :
Introduction
Role of Various Parties
o Exporter
o Exporter's Bank
o Buyer/Importer
o Importe's Bank
Introduction
Exporter
The seller ships the goods and then hands over the document related to the goods to
their banks with the instruction on how and when the buyer would pay.
Exporter's Bank
The exporter's bank is known as the remitting bank , and they remit the bill for collection
with proper instructions. The role of the remitting bank is to :
Check that the documents for consistency.
Send the documents to a bank in the buyer's country with instructions on collecting
payment.
Pay the exporter when it receives payments from the collecting bank.
Buyer/Importer
The buyer / importer is the drawee of the Bill.
The role of the importer is to :
Pay the bill as mention in the agreement (or promise to pay later).
Take the shipping documents (unless it is a clean bill) and clear the goods.
Importer's Bank
This is a bank in the importer's country : usually a branch or correspondent bank of the
remitting bank but any other bank can also be used on the request of exporter.
The collecting bank act as the remitting bank's agent and clearly follows the instructions
on the remitting bank's covering schedule. However the collecting bank does not
guarantee payment of the bills except in very unusual circumstance for undoubted
customer , which is called availing.
Importer's bank is known as the collecting / presenting bank. The role of the collecting
banks is to :
Act as the remitting bank's agent
Present the bill to the buyer for payment or acceptance.
Release the documents to the buyer when the exporter's instructions have been followed.
Remit the proceeds of the bill according to the Remitting Bank's schedule instructions.
Requests further instruction from the remitting bank, if there is a problem that is not
covered by the instructions in the schedule.
Once payment is received from the importer, the collecting bank remits the proceeds
promptly to the remitting bank less its charges.
Documents Against Payments (D/P)
Risks :
Under D/P terms the exporter keeps control of the goods (through the banks) until the
importer pays. If the importer refuses to pay, the exporter can:
Protest the bill and take him to court (may be expensive and difficult to control from
another country).
Find another buyer or arrange a sale by an auction.
With the last two choices, the price obtained may be lower but probably still better than
shipping the goods back, sometimes, the exporter will have a contact or agent in the
importer's country that can help with any arrangements. In such a situation, an agent is
often referred to as a CaseofNeed, means someone who can be contacted in case of
need by the collecting bank.
If the importers refuses to pay, the collecting bank can act on the exporter's instructions
shown in the Remitting Bank schedule. These instructions may include:
Removal of the goods from the port to a warehouse and insure them.
Contact the case of need who may negotiate with the importer.
Under Documents Against Acceptance, the Exporter allows credit to Importer, the period
of credit is referred to as Usance, The importer/ drawee is required to accept the bill to
make a signed promise to pay the bill at a set date in the future. When he has signed the
bill in acceptance, he can take the documents and clear his goods.
The payment date is calculated from the term of the bill, which is usually a multiple of 30
days and start either from sight or form the date of shipment, whichever is stated on the
bill of exchange. The attached instruction would show "Release Documents Against
Acceptance".
Risk
Under D/A terms the importer can inspect the documents and, if he is satisfied, accept the
bill for payment o the due date, take the documents and clear the goods; the exporter
loses control of them.
The exporter runs various risk. The importer might refuse to pay on the due date
because :
He finds that the goods are not what he ordered.
He has not been able to sell the goods.
He is prepared to cheat the exporter (In cases the exporter can protest the bill and take
the importer to court but this can be expensive).
The importer might have gone bankrupt, in which case the exporter will probably never
get his money.
A Usance D/P Bill is an agreement where the buyer accepts the bill payable at a specified
date in future but does not receive the documents until he has actually paid for them. The
reason is that airmailed documents may arrive much earlier than the goods shipped by
sea.
The buyer is not responsible to pay the bill before its due date, but he may want to do so,
if the ship arrives before that date. This mode of payments is less usual, but offers more
settlement possibility.
These are still D/P terms so there is no extra risk to the exporter or his bank. As an
alternative the covering scheduled may simply allow acceptance or payments to be
deferred awaiting arrival of carrying vessel.
There are different types of usance D/P bills, some of which do not require acceptance
specially those drawn payable at a fix period after date or drawn payable at a fixed date.
Bills requiring acceptance are those drawn at a fix period after sight, which is necessary to
establish the maturity date. If there are problems regarding storage of goods under a
usance D/P bill, the collecting bank should notify the remitting bank without delay for
instructions.
However, it should be noted that it is not necessary for the collecting bank to follow each
and every instructions given by the Remitting Banks.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Introduction
Parties to Letters of Credit
Regulatory Requirements
UCPDC Guidelines
ISBP 2002
FEDAI Guidelines
Introduction
Letter of Credit L/c also known as Documentary Credit is a widely used term to make
payment secure in domestic and international trade. The document is issued by a financial
organization at the buyer request. Buyer also provide the necessary instructions in
preparing the document.
The International Chamber of Commerce (ICC) in the Uniform Custom and Practice for
Documentary Credit (UCPDC) defines L/C as:
"An arrangement, however named or described, whereby a bank (the Issuing bank) acting
at the request and on the instructions of a customer (the Applicant) or on its own behalf :
1. Is to make a payment to or to the order third party ( the beneficiary ) or is to
accept bills of exchange (drafts) drawn by the beneficiary.
2. Authorised another bank to effect such payments or to accept and pay such bills
of exchange (draft).
A key principle underlying letter of credit (L/C) is that banks deal only in documents and
not in goods. The decision to pay under a letter of credit will be based entirely on
whether the documents presented to the bank appear on their face to be in accordance
with the terms and conditions of the letter of credit.
Parties to Letters of Credit
Beneficiary : Beneficiary is normally stands for a seller of the goods, who has to receive
payment from the applicant. A credit is issued in his favour to enable him or his agent to
obtain payment on surrender of stipulated document and comply with the term and
conditions of the L/c.
If L/c is a transferable one and he transfers the credit to another party, then he is referred
to as the first or original beneficiary.
Advising Bank : An Advising Bank provides advice to the beneficiary and takes the
responsibility for sending the documents to the issuing bank and is normally located in the
country of the beneficiary.
Confirming Bank : Confirming bank adds its guarantee to the credit opened by another
bank, thereby undertaking the responsibility of payment/negotiation acceptance under
the credit, in additional to that of the issuing bank. Confirming bank play an important role
where the exporter is not satisfied with the undertaking of only the issuing bank.
Negotiating Bank: The Negotiating Bank is the bank who negotiates the documents
submitted to them by the beneficiary under the credit either advised through them or
restricted to them for negotiation. On negotiation of the documents they will claim the
reimbursement under the credit and makes the payment to the beneficiary provided the
documents submitted are in accordance with the terms and conditions of the letters of
credit.
1. The buyer and his bank as the issuer of the original Letter of Credit.
2. The seller/manufacturer and his bank,
The practical use of this Credit is seen when L/c is opened by the ultimate buyer in favour
of a particular beneficiary, who may not be the actual supplier/ manufacturer offering the
main credit with near identical terms in favour as security and will be able to obtain
reimbursement by presenting the documents received under back to back credit under
the main L/c
The need for such credits arise mainly when :
1. The ultimate buyer not ready for a transferable credit
2. The Beneficiary do not want to disclose the source of supply to the openers.
3. The manufacturer demands on payment against documents for goods but the
beneficiary of credit is short of the funds
6. Increase the amount of the cover or percentage for which insurance cover must
be effected.
7. Substitute the name of the applicant (the middleman) for that of the first
beneficiary (the buyer).
When an Indian exporter who is executing a contract outside his own country requires
importing goods from a third country to the country where he is executing the contract.
The first category of the most common in the day to day banking
3. Exporter Risk
There is always the risk of exporting inferior quality goods. Banks need to be
protective by finding out as much possible about the exporter using status report
and other confidential information.
4. Country Risk
These types of risks are mainly associated with the political and economic scenario
of a country. To solve this issue, most banks have specialized unit which control
the level of exposure that that the bank will assumes for each country.
Export Letter of Credit is issued in for a trader for his native country for the purchase of
goods and services. Such letters of credit may be received for following purpose:
1. For physical export of goods and services from India to a Foreign Country.
2. For execution of projects outside India by Indian exporters by supply of goods
and services from Indian or partly from India and partly from outside India.
4. For sale of goods by Indian exporters with total procurement and supply from
outside India. In all the above cases there would be earning of Foreign Exchange
or conservation of Foreign Exchange.
Banks in India associated themselves with the export letters of credit in various capacities
such as advising bank, confirming bank, transferring bank and reimbursing bank
In every cases the bank will be rendering services not only to the Issuing Bank as its agent
correspondent bank but also to the exporter in advising and financing his export activity.
1. Advising an Export L/c
The basic responsibility of an advising bank is to advise the credit received from
its overseas branch after checking the apparent genuineness of the credit
recognized by the issuing bank. It is also necessary for the advising bank to go
through the letter of credit, try to understand the underlying transaction, terms
and conditions of the credit and advice the beneficiary in the matter.
Banks in India have the facility of covering the credit confirmation risks with ECGC
under their “Transfer Guarantee” scheme and include both the commercial and
political risk involved.
However, in such a situation, the negotiating bank bears the risk associated with
the document that sometimes arises when the issuing bank discover discrepancies
in the documents and refuses to honor its commitment on the due date.
In return, the reimbursement bank earns a commission per transaction and enjoys
float income without getting involve in the checking the transaction
documents.reimbursement bank play an important role in payment on the due
date ( for usance LCs) or the days on which the negotiating bank demands the
same (for sight LCs)
Regulatory Requirements
Opening of imports LCs in India involve compliance of the following main regulation:
UCPDC Guidelines
Uniform Customs and Practice for Documentary Credit (UCPDC) is a set of predefined
rules established by the International Chamber of Commerce (ICC) on Letters of Credit.
The UCPDC is used by bankers and commercial parties in more than 200 countries
including India to facilitate trade and payment through LC
UCPDC was first published in 1933 and subsequently updating it throughout the years. In
1994, UCPDC 500 was released with only 7 chapters containing in all 49 articles .
The latest revision was approved by the Banking Commission of the ICC at its meeting in
Paris on 25 October 2006. This latest version, called the UCPDC600, formally commenced
on 1 July 2007. It contain a total of about 39 articles covering the following areas, which can
be classified as 8 sections according to their functions and operational procedures
ISBP 2002
The widely acclaimed International Standard Banking Practice(ISBP) for the Examination of
Documents under Documentary Credits was selected in 2007 by the ICCs Banking
Commission.
First introduced in 2002, the ISBP contains a list of guidelines that an examiner needs to
check the documents presented under the Letter of Credit. Its main objective is to reduce
the number of documentary credits rejected by banks.
FEDAI Guidelines
Foreign Exchange Dealer's Association of India (FEDAI) was established in 1958 under the
Section 25 of the Companies Act (1956). It is an association of banks that deals in Indian
foreign exchange and work in coordination with the Reserve Bank of India, other
organizations like FIMMDA, the Forex Association of India and various market participants.
FEDAI has issued rules for import LCs which is one of the important area of foreign
currency exchanges. It has an advantage over that of the authorized dealers who are now
allowed by the RBI to issue stand by letter of credits towards import of goods
As the issuance of stand by of letter of Credit including imports of goods is susceptible to
some risk in the absence of evidence of shipment, therefore the importer should be
advised that documentary credit under UCP 500/600 should be the preferred route for
importers of goods
Below mention are some of the necessary precaution that should be taken by authorised
dealers While issuing a stands by letter of credits:
1. The facility of issuing Commercial Standby shall be extended on a selective basis
and to the following category of importers
i. Where such standby are required by applicant who are independent power
producers/importers of crude oil and petroleum products
ii. Special category of importers namely export houses, trading houses, star
trading houses, super star trading houses or 100% Export Oriented Units.
i. A copy of invoice.
iii. A copy of Lloyds /SGS inspection certificate wherever provided for as per
the underlying contract.
4. Incorporation of a suitable clauses to the effect that in the event of such invoice
/shipping documents has been paid by the authorised dealers earlier, Provisions
to dishonor the claim quoting the date / manner of earlier payments of such
documents may be considered.
6. Application cum guarantee for stand by letter of credit should be obtained from
the applicant.
8. The importer should give an undertaking that he shall not raise any dispute
regarding the payments made by the bank in standby letter of credit at any point
of time howsoever, and will be liable to the bank for all the amount paid therein.
He importer should also indemnify the bank from any loss, claim, counter claims,
damages, etc. which the bank may incur on account of making payment under the
stand by letter of credit.
10. It should be ensured that the issuing bank, advising bank, nominated bank. etc,
have all subscribed to SP 98 in case stand by letter of credit is issued under ISP
98.
11. When payment under a stand by letter of credit is effected, the issuing bank to
report such invocation / payment to Reserve Bank of India.
Bill of Lading
Certificate of Origin
Packing List/Specification
Inspection Certificate
Introduction
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.
Certificate of Origin
Packing List/Specification
Inspection Certificate
Air Waybills
Air Waybills make sure that goods have been received for shipment by air. A typical air
waybill sample consists of of three originals and nine copies. The first original is for the
carrier and is signed by a export agent; the second original, the consignee's copy, is
signed by an export agent; the third original is signed by the carrier and is handed to the
export agent as a receipt for the goods.
The goods description must be consistent with that shown on other documents.
Any weight, measure or shipping marks must agree with those shown on other
documents.
It must be signed and dated by the actual carrier or by the named agent of a named
carrier.
It must mention whether freight has been paid or will be paid at the destination point.
Bill of Lading is a document given by the shipping agency for the goods shipped for
transportation form one destination to another and is signed by the representatives of the
carrying vessel.
Bill of landing is issued in the set of two, three or more. The number in the set will be
indicated on each bill of lading and all must be accounted for. This is done due to the
safety reasons which ensure that the document never comes into the hands of an
unauthorised person. Only one original is sufficient to take possession of goods at port of
discharge so, a bank which finances a trade transaction will need to control the complete
set.The bill of lading must be signed by the shipping company or its agent, and must
show how many signed originals were issued.
It will indicate whether cost of freight/ carriage has been paid or not :
Consignee
Notify Party
o The person, usually the importer, to whom the shipping company or its agent
gives notice of arrival of the goods.
Carrier
o The person or company who has concluded a contract with the shipper for
conveyance of goods
The bill of lading must meet all the requirements of the credit as well as complying with
UCP 500. These are as follows :
The correct shipper, consignee and notifying party must be shown.
The carrying vessel and ports of the loading and discharge must be stated.
The place of receipt and place of delivery must be stated, if different from port of loading
or port of discharge.
The goods description must be consistent with that shown on other documents.
Any weight or measures must agree with those shown on other documents.
Shipping marks and numbers and /or container number must agree with those shown on
other documents.
It must be dated on or before the latest date for shipment specified in the credit.
It must state the actual name of the carrier or be signed as agent for a named carrier.
Certificate of Origin
The Certificate of Origin is required by the custom authority of the importing country for
the purpose of imposing import duty. It is usually issued by the Chamber of Commerce
and contains information like seal of the chamber, details of the good to be transported
and so on.
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.
The date of dispatch or taking in charge, and the "On Board" notation, if any must be
dated and signed.
Commercial Invoice
Commercial Invoice document is provided by the seller to the buyer. Also known as
export invoice or import invoice, commercial invoice is finally used by the custom
authorities of the importer's country to evaluate the good for the purpose of taxation.
The invoice must :
Be issued by the beneficiary named in the credit (the seller).
Be address to the applicant of the credit (the buyer).
Be issued in the stated number of originals (which must be marked "Original) and copies.
State the price amount payable which must not exceed that stated in the credit
Bill of Exchange
A Bill of Exchange is a special type of written document under which an exporter ask
importer a certain amount of money in future and the importer also agrees to pay the
importer that amount of money on or before the future date. This document has special
importance in wholesale trade where large amount of money involved.
On the basis of the due date there are two types of bill of exchange:
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.
Insurance Certificate
Also known as Insurance Policy, it certifies that goods transported have been insured
under an open policy and is not actionable with little details about the risk covered.
It is necessary that the date on which the insurance becomes effective is same or earlier
than the date of issuance of the transport documents.
Also, if submitted under a LC, the insured amount must be in the same currency as the
credit and usually for the bill amount plus 10 per cent.
The requirements for completion of an insurance policy are as follow :
The name of the party in the favor which the documents has been issued.
The name of the vessel or flight details.
The place from where insurance is to commerce typically the sellers warehouse or the port
of loading and the place where insurance cases usually the buyer's warehouse or the port
of destination.
The description of the goods, which must be consistent with that in the credit and on the
invoice.
The name and address of the claims settling agent together with the place where claims
are payable.
Date of issue to be no later than the date of transport documents unless cover is shown to
be effective prior to that date.
Packing List
Also known as packing specification, it contain details about the packing materials used in
the shipping of goods. It also include details like measurement and weight of goods.
The packing List must :
Have a description of the goods ("A") consistent with the other documents.
Have details of shipping marks ("B") and numbers consistent with other documents
Inspection Certificate
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.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Introduction
Air Waybill
Bill of Lading
Certificate of Origin
Packing List/Specification
Inspection Certificate
Introduction
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.
Certificate of Origin
Packing List/Specification
Inspection Certificate
Air Waybills
Air Waybills make sure that goods have been received for shipment by air. A typical air
waybill sample consists of of three originals and nine copies. The first original is for the
carrier and is signed by a export agent; the second original, the consignee's copy, is
signed by an export agent; the third original is signed by the carrier and is handed to the
export agent as a receipt for the goods.
The goods description must be consistent with that shown on other documents.
Any weight, measure or shipping marks must agree with those shown on other
documents.
It must be signed and dated by the actual carrier or by the named agent of a named
carrier.
It must mention whether freight has been paid or will be paid at the destination point.
Bill of Lading is a document given by the shipping agency for the goods shipped for
transportation form one destination to another and is signed by the representatives of the
carrying vessel.
Bill of landing is issued in the set of two, three or more. The number in the set will be
indicated on each bill of lading and all must be accounted for. This is done due to the
safety reasons which ensure that the document never comes into the hands of an
unauthorised person. Only one original is sufficient to take possession of goods at port of
discharge so, a bank which finances a trade transaction will need to control the complete
set.The bill of lading must be signed by the shipping company or its agent, and must
show how many signed originals were issued.
It will indicate whether cost of freight/ carriage has been paid or not :
Consignee
Notify Party
o The person, usually the importer, to whom the shipping company or its agent
gives notice of arrival of the goods.
Carrier
o The person or company who has concluded a contract with the shipper for
conveyance of goods
The bill of lading must meet all the requirements of the credit as well as complying with
UCP 500. These are as follows :
The correct shipper, consignee and notifying party must be shown.
The carrying vessel and ports of the loading and discharge must be stated.
The place of receipt and place of delivery must be stated, if different from port of loading
or port of discharge.
The goods description must be consistent with that shown on other documents.
Any weight or measures must agree with those shown on other documents.
Shipping marks and numbers and /or container number must agree with those shown on
other documents.
It must be dated on or before the latest date for shipment specified in the credit.
It must state the actual name of the carrier or be signed as agent for a named carrier.
Certificate of Origin
The Certificate of Origin is required by the custom authority of the importing country for
the purpose of imposing import duty. It is usually issued by the Chamber of Commerce
and contains information like seal of the chamber, details of the good to be transported
and so on.
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.
The date of dispatch or taking in charge, and the "On Board" notation, if any must be
dated and signed.
Commercial Invoice
Commercial Invoice document is provided by the seller to the buyer. Also known as
export invoice or import invoice, commercial invoice is finally used by the custom
authorities of the importer's country to evaluate the good for the purpose of taxation.
The invoice must :
Be issued by the beneficiary named in the credit (the seller).
Be address to the applicant of the credit (the buyer).
Be issued in the stated number of originals (which must be marked "Original) and copies.
State the price amount payable which must not exceed that stated in the credit
include the shipping terms.
Bill of Exchange
A Bill of Exchange is a special type of written document under which an exporter ask
importer a certain amount of money in future and the importer also agrees to pay the
importer that amount of money on or before the future date. This document has special
importance in wholesale trade where large amount of money involved.
On the basis of the due date there are two types of bill of exchange:
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.
Insurance Certificate
Also known as Insurance Policy, it certifies that goods transported have been insured
under an open policy and is not actionable with little details about the risk covered.
It is necessary that the date on which the insurance becomes effective is same or earlier
than the date of issuance of the transport documents.
Also, if submitted under a LC, the insured amount must be in the same currency as the
credit and usually for the bill amount plus 10 per cent.
The requirements for completion of an insurance policy are as follow :
The name of the party in the favor which the documents has been issued.
The name of the vessel or flight details.
The place from where insurance is to commerce typically the sellers warehouse or the port
of loading and the place where insurance cases usually the buyer's warehouse or the port
of destination.
The description of the goods, which must be consistent with that in the credit and on the
invoice.
The name and address of the claims settling agent together with the place where claims
are payable.
Date of issue to be no later than the date of transport documents unless cover is shown to
be effective prior to that date.
Packing List
Also known as packing specification, it contain details about the packing materials used in
the shipping of goods. It also include details like measurement and weight of goods.
The packing List must :
Have a description of the goods ("A") consistent with the other documents.
Have details of shipping marks ("B") and numbers consistent with other documents
Inspection Certificate
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.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
o Eligibility
o Quantum of Finance
Overdue Packing
Special Cases
Pre Shipment Finance is issued by a financial institution when the seller want the payment
of the goods before shipment. The main objectives behind preshipment finance or pre
export finance is to enable exporter to:
Procure raw materials.
Carry out manufacturing process.
Packing Credit
Advance against Cheques/Draft etc. representing Advance Payments.
If the goods to be exported are not under OGL (Open General Licence), the exporter
should have the required license /quota permit to export the goods.
Packing credit facility can be provided to an exporter on production of the following
evidences to the bank:
1. Formal application for release the packing credit with undertaking to the effect
that the exporter would be ship the goods within stipulated due date and submit
the relevant shipping documents to the banks within prescribed time limit.
2. Firm order or irrevocable L/C or original cable / fax / telex message exchange
between the exporter and the buyer.
3. Licence issued by DGFT if the goods to be exported fall under the restricted or
canalized category. If the item falls under quota system, proper quota allotment
proof needs to be submitted.
The confirmed order received from the overseas buyer should reveal the information
about the full name and address of the overseas buyer, description quantity and value of
goods (FOB or CIF), destination port and the last date of payment.
Eligibility
Pre shipment credit is only issued to that exporter who has the export order in his own
name. However, as an exception, financial institution can also grant credit to a third party
manufacturer or supplier of goods who does not have export orders in their own name.
In this case some of the responsibilities of meeting the export requirements have been
out sourced to them by the main exporter. In other cases where the export order is
divided between two more than two exporters, pre shipment credit can be shared
between them
Quantum of Finance
The Quantum of Finance is granted to an exporter against the LC or an expected order.
The only guideline principle is the concept of NeedBased Finance. Banks determine the
percentage of margin, depending on factors such as:
The nature of Order.
The nature of the commodity.
The Bank extended the packing credit facilities after ensuring the following"
a. The exporter is a regular customer, a bona fide exporter and has a goods
standing in the market.
b. Whether the exporter has the necessary license and quota permit (as mentioned
earlier) or not.
c. Whether the country with which the exporter wants to deal is under the list of
Restricted Cover Countries(RCC) or not.
2. Once the proper sanctioning of the documents is done, bank ensures whether exporter
has executed the list of documents mentioned earlier or not. Disbursement is normally
allowed when all the documents are properly executed.
Sometimes an exporter is not able to produce the export order at time of availing packing
credit. So, in these cases, the bank provide a special packing credit facility and is known as
Running Account Packing.
Before disbursing the bank specifically check for the following particulars in the submitted
documents"
a. Name of buyer
b. Commodity to be exported
c. Quantity
d. Value (either CIF or FOB)
The quantum of finance is fixed depending on the FOB value of contract /LC or the
domestic values of goods, whichever is found to be lower. Normally insurance and freight
charged are considered at a later stage, when the goods are ready to be shipped.
In this case disbursals are made only in stages and if possible not in cash. The payments
are made directly to the supplier by drafts/bankers/cheques.
The bank decides the duration of packing credit depending upon the time required by
the exporter for processing of goods.
The maximum duration of packing credit period is 180 days, however bank may provide a
further 90 days extension on its own discretion, without referring to RBI.
This liquidation can also be done by the payment receivable from the Government of
India and includes the duty drawback, payment from the Market Development Fund
(MDF) of the Central Government or from any other relevant source.
In case if the export does not take place then the entire advance can also be recovered at
a certain interest rate. RBI has allowed some flexibility in to this regulation under which
substitution of commodity or buyer can be allowed by a bank without any reference to
RBI. Hence in effect the packing credit advance may be repaid by proceeds from export
of the same or another commodity to the same or another buyer.However, bank need to
ensure that the substitution is commercially necessary and unavoidable.
Overdue Packing
5. Bank considers a packing credit as an overdue, if the borrower fails to liquidate the
packing credit on the due date. And, if the condition persists then the bank takes the
necessary step to recover its dues as per normal recovery procedure.
Special Cases
This disclaimer is also signed by the bankers of EOH after which they have an option to
open an inland L/C specifying the goods to be supplied to the EOH as a part of the
export transaction. On basis of such an L/C, the subsupplier bank may grant a packing
credit to the subsupplier to manufacture the components required for exports.
On supply of goods, the L/C opening bank will pay to the sub supplier's bank against the
inland documents received on the basis of the inland L/C opened by them.
The final responsibility of EOH is to export the goods as per guidelines. Any delay in
export order can bring EOH to penal provisions that can be issued anytime.
The main objective of this method is to cover only the first stage of production cycles, and
is not to be extended to cover supplies of raw material etc. Running account facility is not
granted to subsuppliers.
In case the EOH is a trading house, the facility is available commencing from the
manufacturer to whom the order has been passed by the trading house.
Banks however, ensure that there is no double financing and the total period of packing
credit does not exceed the actual cycle of production of the commodity.
The rate of interest on PCFC is linked to London Interbank Offered Rate (LIBOR).
According to guidelines, the final cost of exporter must not exceed 0.75% over 6 month
LIBOR, excluding the tax.
The exporter has freedom to avail PCFC in convertible currencies like USD, Pound,
Sterling, Euro, Yen etc. However, the risk associated with the cross currency truncation is
that of the exporter.
The sources of funds for the banks for extending PCFC facility include the Foreign
Currency balances available with the Bank in Exchange, Earner Foreign Currency Account
(EEFC), Resident Foreign Currency Accounts RFC(D) and Foreign Currency(NonResident)
Accounts.
Banks are also permitted to utilize the foreign currency balances available under Escrow
account and Exporters Foreign Currency accounts. It ensures that the requirement of
funds by the account holders for permissible transactions is met. But the limit prescribed
for maintaining maximum balance in the account is not exceeded. In addition, Banks may
arrange for borrowings from abroad. Banks may negotiate terms of credit with overseas
bank for the purpose of grant of PCFC to exporters, without the prior approval of RBI,
provided the rate of interest on borrowing does not exceed 0.75% over 6 month LIBOR.
Supplier's Credit
Introduction
Basic Features
Types of Finance
Postshipment finance can be secured or unsecured. Since the finance is extended against
evidence of export shipment and bank obtains the documents of title of goods, the finance is
normally self liquidating. In that case it involves advance against undrawn balance, and is
usually unsecured in nature.
Further, the finance is mostly a funded advance. In few cases, such as financing of project
exports, the issue of guarantee (retention money guarantees) is involved and the financing is
not funded in nature.
Quantum of Finance
As a quantum of finance, postshipment finance can be extended up to 100% of the
invoice value of goods. In special cases, where the domestic value of the goods increases
the value of the exporter order, finance for a price difference can also be extended and
the price difference is covered by the government. This type of finance is not extended in
case of preshipment stage.
Banks can also finance undrawn balance. In such cases banks are free to stipulate margin
requirements as per their usual lending norm.
Period of Finance
Postshipment finance can be off short terms or long term, depending on the payment
terms offered by the exporter to the overseas importer. In case of cash exports, the
maximum period allowed for realization of exports proceeds is six months from the date
of shipment. Concessive rate of interest is available for a highest period of 180 days,
opening from the date of surrender of documents. Usually, the documents need to be
submitted within 21days from the date of shipment.
Capital goods and project exports: Finance is sometimes extended in the name of
overseas buyer. The disbursal of money is directly made to the domestic exporter.
Supplier's Credit
Buyer's Credit is a special type of loan that a bank offers to the buyers for large scale
purchasing under a contract. Once the bank approved loans to the buyer, the seller
shoulders all or part of the interests incurred.
In such a situation, banks grants advances to exporters at lower rate of interest for a
maximum period of 90 days. These are granted only if other types of export finance are
also extended to the exporter by the same bank.
After the shipment, the exporters lodge their claims, supported by the relevant
documents to the relevant government authorities. These claims are processed and
eligible amount is disbursed after making sure that the bank is authorized to receive the
claim amount directly from the concerned government authorities.
Introduction
Basic Features
Supplier's Credit
Basic Features
Types of Finance
Postshipment finance can be secured or unsecured. Since the finance is extended against
evidence of export shipment and bank obtains the documents of title of goods, the finance is
normally self liquidating. In that case it involves advance against undrawn balance, and is
usually unsecured in nature.
Further, the finance is mostly a funded advance. In few cases, such as financing of project
exports, the issue of guarantee (retention money guarantees) is involved and the financing is
not funded in nature.
Quantum of Finance
As a quantum of finance, postshipment finance can be extended up to 100% of the
invoice value of goods. In special cases, where the domestic value of the goods increases
the value of the exporter order, finance for a price difference can also be extended and
the price difference is covered by the government. This type of finance is not extended in
case of preshipment stage.
Banks can also finance undrawn balance. In such cases banks are free to stipulate margin
requirements as per their usual lending norm.
Period of Finance
Postshipment finance can be off short terms or long term, depending on the payment
terms offered by the exporter to the overseas importer. In case of cash exports, the
maximum period allowed for realization of exports proceeds is six months from the date
of shipment. Concessive rate of interest is available for a highest period of 180 days,
opening from the date of surrender of documents. Usually, the documents need to be
submitted within 21days from the date of shipment.
Capital goods and project exports: Finance is sometimes extended in the name of
overseas buyer. The disbursal of money is directly made to the domestic exporter.
Supplier's Credit
Buyer's Credit is a special type of loan that a bank offers to the buyers for large scale
purchasing under a contract. Once the bank approved loans to the buyer, the seller
shoulders all or part of the interests incurred.
In such a situation, banks grants advances to exporters at lower rate of interest for a
maximum period of 90 days. These are granted only if other types of export finance are
also extended to the exporter by the same bank.
After the shipment, the exporters lodge their claims, supported by the relevant
documents to the relevant government authorities. These claims are processed and
eligible amount is disbursed after making sure that the bank is authorized to receive the
claim amount directly from the concerned government authorities.
Documentary Requirements
Forfeiting
Benefits to Exporter
Benefits to Banks
Definition of Factoring
Characteristics of Factoring
Introduction
Forfeiting and factoring are services in international market given to an exporter or seller.
Its main objective is to provide smooth cash flow to the sellers. The basic difference
between the forfeiting and factoring is that forfeiting is a long term receivables (over 90
days up to 5 years) while factoring is a shorttermed receivables (within 90 days) and is
more related to receivables against commodity sales.
Definition of Forfeiting
The terms forfeiting is originated from a old French word ‘forfait’, which means to
surrender ones right on something to someone else. In international trade, forfeiting may
be defined as the purchasing of an exporter’s receivables at a discount price by paying
cash. By buying these receivables, the forfeiter frees the exporter from credit and the risk
of not receiving the payment from the importer.
The exporter and importer negotiate according to the proposed export sales contract.
Then the exporter approaches the forfeiter to ascertain the terms of forfeiting. After
collecting the details about the importer, and other necessary documents, forfeiter
estimates risk involved in it and then quotes the discount rate.
The exporter then quotes a contract price to the overseas buyer by loading the discount
rate and commitment fee on the sales price of the goods to be exported and sign a
contract with the forfeiter. Export takes place against documents guaranteed by the
importer’s bank and discounts the bill with the forfeiter and presents the same to the
importer for payment on due date.
Documentary Requirements
Benefits to Exporter
100 per cent financing : Without recourse and not occupying exporter's credit line That
is to say once the exporter obtains the financed fund, he will be exempted from the
responsibility to repay the debt.
Improved cash flow : Receivables become current cash in flow and its is beneficial to the
exporters to improve financial status and liquidation ability so as to heighten further the
funds raising capability.
Reduced administration cost : By using forfeiting , the exporter will spare from the
management of the receivables. The relative costs, as a result, are reduced greatly.
Advance tax refund: Through forfeiting the exporter can make the verification of export
and get tax refund in advance just after financing.
Risk reduction : forfeiting business enables the exporter to transfer various risk resulted
from deferred payments, such as interest rate risk, currency risk, credit risk, and political
risk to the forfeiting bank.
Increased trade opportunity : With forfeiting, the export is able to grant credit to his
buyers freely, and thus, be more competitive in the market.
Benefits to Banks
Definition of Factoring
Definition of factoring is very simple and can be defined as the conversion of credit sales
into cash. Here, a financial institution which is usually a bank buys the accounts receivable
of a company usually a client and then pays up to 80% of the amount immediately on
agreement. The remaining amount is paid to the client when the customer pays the debt.
Examples includes factoring against goods purchased, factoring against medical
insurance, factoring for construction services etc.
Characteristics of Factoring
1. The normal period of factoring is 90150 days and rarely exceeds more than 150 days.
2. It is costly.
3. Factoring is not possible in case of bad debts.
4. Credit rating is not mandatory.
5. It is a method of offbalance sheet financing.
6. Cost of factoring is always equal to finance cost plus operating cost.
Different Types of Factoring
1. Disclosed
2. Undisclosed
1. Disclosed Factoring
In disclosed factoring, client’s customers are aware of the factoring agreement.
Disclosed factoring is of two types:
Recourse factoring : The client collects the money from the customer but in case
customer don’t pay the amount on maturity then the client is responsible to pay the
amount to the factor. It is offered at a low rate of interest and is in very common use.
Nonrecourse factoring : In nonrecourse factoring, factor undertakes to collect the debts
from the customer. Balance amount is paid to client at the end of the credit period or
when the customer pays the factor whichever comes first. The advantage of nonrecourse
factoring is that continuous factoring will eliminate the need for credit and collection
departments in the organization.
2. Undisclosed
In undisclosed factoring, client's customers are not notified of the factoring arrangement.
In this case, Client has to pay the amount to the factor irrespective of whether customer
has paid or not.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Documentary Requirements
Forfeiting
Benefits to Exporter
Benefits to Banks
Definition of Factoring
Characteristics of Factoring
Forfeiting and factoring are services in international market given to an exporter or seller.
Its main objective is to provide smooth cash flow to the sellers. The basic difference
between the forfeiting and factoring is that forfeiting is a long term receivables (over 90
days up to 5 years) while factoring is a shorttermed receivables (within 90 days) and is
more related to receivables against commodity sales.
Definition of Forfeiting
The terms forfeiting is originated from a old French word ‘forfait’, which means to
surrender ones right on something to someone else. In international trade, forfeiting may
be defined as the purchasing of an exporter’s receivables at a discount price by paying
cash. By buying these receivables, the forfeiter frees the exporter from credit and the risk
of not receiving the payment from the importer.
The exporter and importer negotiate according to the proposed export sales contract.
Then the exporter approaches the forfeiter to ascertain the terms of forfeiting. After
collecting the details about the importer, and other necessary documents, forfeiter
estimates risk involved in it and then quotes the discount rate.
The exporter then quotes a contract price to the overseas buyer by loading the discount
rate and commitment fee on the sales price of the goods to be exported and sign a
contract with the forfeiter. Export takes place against documents guaranteed by the
importer’s bank and discounts the bill with the forfeiter and presents the same to the
importer for payment on due date.
Documentary Requirements
Forfeiting
Benefits to Exporter
100 per cent financing : Without recourse and not occupying exporter's credit line That
is to say once the exporter obtains the financed fund, he will be exempted from the
responsibility to repay the debt.
Improved cash flow : Receivables become current cash in flow and its is beneficial to the
exporters to improve financial status and liquidation ability so as to heighten further the
funds raising capability.
Reduced administration cost : By using forfeiting , the exporter will spare from the
management of the receivables. The relative costs, as a result, are reduced greatly.
Advance tax refund: Through forfeiting the exporter can make the verification of export
and get tax refund in advance just after financing.
Risk reduction : forfeiting business enables the exporter to transfer various risk resulted
from deferred payments, such as interest rate risk, currency risk, credit risk, and political
risk to the forfeiting bank.
Increased trade opportunity : With forfeiting, the export is able to grant credit to his
buyers freely, and thus, be more competitive in the market.
Benefits to Banks
Definition of Factoring
Definition of factoring is very simple and can be defined as the conversion of credit sales
into cash. Here, a financial institution which is usually a bank buys the accounts receivable
of a company usually a client and then pays up to 80% of the amount immediately on
agreement. The remaining amount is paid to the client when the customer pays the debt.
Examples includes factoring against goods purchased, factoring against medical
insurance, factoring for construction services etc.
Characteristics of Factoring
1. The normal period of factoring is 90150 days and rarely exceeds more than 150 days.
2. It is costly.
3. Factoring is not possible in case of bad debts.
4. Credit rating is not mandatory.
5. It is a method of offbalance sheet financing.
6. Cost of factoring is always equal to finance cost plus operating cost.
Different Types of Factoring
1. Disclosed
2. Undisclosed
1. Disclosed Factoring
In disclosed factoring, client’s customers are aware of the factoring agreement.
Disclosed factoring is of two types:
Recourse factoring : The client collects the money from the customer but in case
customer don’t pay the amount on maturity then the client is responsible to pay the
amount to the factor. It is offered at a low rate of interest and is in very common use.
Nonrecourse factoring : In nonrecourse factoring, factor undertakes to collect the debts
from the customer. Balance amount is paid to client at the end of the credit period or
when the customer pays the factor whichever comes first. The advantage of nonrecourse
factoring is that continuous factoring will eliminate the need for credit and collection
departments in the organization.
2. Undisclosed
In undisclosed factoring, client's customers are not notified of the factoring arrangement.
In this case, Client has to pay the amount to the factor irrespective of whether customer
has paid or not.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Introduction
Benefits of Bank Guarantees
Types of Bank Guarantees
How to Apply for Bank Guarantee
Bank Guarantees vs. Letters of Credit
Introduction
A bank guarantee is a written contract given by a bank on the behalf of a customer. By
issuing this guarantee, a bank takes responsibility for payment of a sum of money in case,
if it is not paid by the customer on whose behalf the guarantee has been issued. In return,
a bank gets some commission for issuing the guarantee.
Any one can apply for a bank guarantee, if his or her company has obligations towards a
third party for which funds need to be blocked in order to guarantee that his or her
company fulfils its obligations (for example carrying out certain works, payment of a debt,
etc.).
In case of any changes or cancellation during the transaction process, a bank guarantee
remains valid until the customer dully releases the bank from its liability.
In the situations, where a customer fails to pay the money, the bank must pay the amount
within three working days. This payment can also be refused by the bank, if the claim is
found to be unlawful.
Benefits of Bank Guarantees
For Governments
1. Increases the rate of private financing for key sectors such as infrastructure.
2. Provides access to capital markets as well as commercial banks.
3. Reduces cost of private financing to affordable levels.
4. Facilitates privatizations and public private partnerships.
5. Reduces government risk exposure by passing commercial risk to the private sector.
1. Direct or Indirect Bank Guarantee: A bank guarantee can be either direct or indirect.
Direct Bank Guarantee It is issued by the applicant's bank (issuing bank) directly to the guarantee's
beneficiary without concerning a correspondent bank. This type of guarantee is less expensive and is
also subject to the law of the country in which the guarantee is issued unless otherwise it is mentioned
in the guarantee documents.
Indirect Bank Guarantee With an indirect guarantee, a second bank is involved, which is basically a
representative of the issuing bank in the country to which beneficiary belongs. This involvement of a
second bank is done on the demand of the beneficiary. This type of bank guarantee is more time
consuming and expensive too.
2. Confirmed Guarantee
It is cross between direct and indirect types of bank guarantee. This type of bank
guarantee is issued directly by a bank after which it is send to a foreign bank for
confirmations. The foreign banks confirm the original documents and thereby assume the
responsibility.
3. Tender Bond
This is also called bid bonds and is normally issued in support of a tender in international
trade. It provides the beneficiary with a financial remedy, if the applicant fails to fulfill any
of the tender conditions.
4. Performance Bonds
This is one of the most common types of bank guarantee which is used to secure the
completion of the contractual responsibilities of delivery of goods and act as security of
penalty payment by the Supplier in case of nondelivery of goods.
6. Payment Guarantees
This type of bank guarantee is used to secure the responsibilities to pay goods and
services. If the beneficiary has fulfilled his contractual obligations after delivering the
goods or services but the debtor fails to make the payment, then after written declaration
the beneficiary can easily obtain his money form the guaranteeing bank.
7. Loan Repayment Guarantees
This type of guarantee is given by a bank to the creditor to pay the amount of loan body
and interests in case of nonfulfillment by the borrower.
9. Rental Guarantee
This type of bank guarantee is given under a rental contract. Rental guarantee is either
limited to rental payments only or includes all payments due under the rental contract
including cost of repair on termination of the rental contract.
A bank guarantee is frequently confused with letter of credit (LC), which is similar in many
ways but not the same thing. The basic difference between the two is that of the parties
involved. In a bank guarantee, three parties are involved; the bank, the person to whom
the guarantee is given and the person on whose behalf the bank is giving guarantee. In
case of a letter of credit, there are normally four parties involved; issuing bank, advising
bank, the applicant (importer) and the beneficiary (exporter).
Also, as a bank guarantee only becomes active when the customer fails to pay the
necessary amount where as in case of letters of credit, the issuing bank does not wait for
the buyer to default, and for the seller to invoke the undertaking.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Introduction
Benefits of Bank Guarantees
Types of Bank Guarantees
How to Apply for Bank Guarantee
Bank Guarantees vs. Letters of Credit
Introduction
A bank guarantee is a written contract given by a bank on the behalf of a customer. By
issuing this guarantee, a bank takes responsibility for payment of a sum of money in case,
if it is not paid by the customer on whose behalf the guarantee has been issued. In return,
a bank gets some commission for issuing the guarantee.
Any one can apply for a bank guarantee, if his or her company has obligations towards a
third party for which funds need to be blocked in order to guarantee that his or her
company fulfils its obligations (for example carrying out certain works, payment of a debt,
etc.).
In case of any changes or cancellation during the transaction process, a bank guarantee
remains valid until the customer dully releases the bank from its liability.
In the situations, where a customer fails to pay the money, the bank must pay the amount
within three working days. This payment can also be refused by the bank, if the claim is
found to be unlawful.
Benefits of Bank Guarantees
For Governments
1. Increases the rate of private financing for key sectors such as infrastructure.
2. Provides access to capital markets as well as commercial banks.
3. Reduces cost of private financing to affordable levels.
4. Facilitates privatizations and public private partnerships.
5. Reduces government risk exposure by passing commercial risk to the private sector.
1. Direct or Indirect Bank Guarantee: A bank guarantee can be either direct or indirect.
Direct Bank Guarantee It is issued by the applicant's bank (issuing bank) directly to the guarantee's
beneficiary without concerning a correspondent bank. This type of guarantee is less expensive and is
also subject to the law of the country in which the guarantee is issued unless otherwise it is mentioned
in the guarantee documents.
Indirect Bank Guarantee With an indirect guarantee, a second bank is involved, which is basically a
representative of the issuing bank in the country to which beneficiary belongs. This involvement of a
second bank is done on the demand of the beneficiary. This type of bank guarantee is more time
consuming and expensive too.
2. Confirmed Guarantee
It is cross between direct and indirect types of bank guarantee. This type of bank
guarantee is issued directly by a bank after which it is send to a foreign bank for
confirmations. The foreign banks confirm the original documents and thereby assume the
responsibility.
3. Tender Bond
This is also called bid bonds and is normally issued in support of a tender in international
trade. It provides the beneficiary with a financial remedy, if the applicant fails to fulfill any
of the tender conditions.
4. Performance Bonds
This is one of the most common types of bank guarantee which is used to secure the
completion of the contractual responsibilities of delivery of goods and act as security of
penalty payment by the Supplier in case of nondelivery of goods.
6. Payment Guarantees
This type of bank guarantee is used to secure the responsibilities to pay goods and
services. If the beneficiary has fulfilled his contractual obligations after delivering the
goods or services but the debtor fails to make the payment, then after written declaration
the beneficiary can easily obtain his money form the guaranteeing bank.
9. Rental Guarantee
This type of bank guarantee is given under a rental contract. Rental guarantee is either
limited to rental payments only or includes all payments due under the rental contract
including cost of repair on termination of the rental contract.
10. Credit Card Guarantee
Credit card guarantee is issued by the credit card companies to its customer as a
guarantee that the merchant will be paid on transactions regardless of whether the
consumer pays their credit.
How to Apply for Bank Guarantee
Procedure for Bank Guarantees are very simple and are not governed by any particular
legal regulations. However, to obtained the bank guarantee one need to have a current
account in the bank. Guarantees can be issued by a bank through its authorised dealers
as per notifications mentioned in the FEMA 8/2000 date 3rd May 2000. Only in case of
revocation of guarantee involving US $ 5000/ or more to be reported to Reserve Bank of
India along with the details of the claim received.
Bank Guarantees vs. Letters of Credit
A bank guarantee is frequently confused with letter of credit (LC), which is similar in many
ways but not the same thing. The basic difference between the two is that of the parties
involved. In a bank guarantee, three parties are involved; the bank, the person to whom
the guarantee is given and the person on whose behalf the bank is giving guarantee. In
case of a letter of credit, there are normally four parties involved; issuing bank, advising
bank, the applicant (importer) and the beneficiary (exporter).
Also, as a bank guarantee only becomes active when the customer fails to pay the
necessary amount where as in case of letters of credit, the issuing bank does not wait for
the buyer to default, and for the seller to invoke the undertaking.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Introduction
Transport Insurance
Scope of Coverage
Specialist Covers
Seller's Buyer's Contingent Interest Insurance
Loss of Profits/ Consequential Loss Insurance
Introduction
It is quite important to evaluate the transportation risk in international trade for better financial
stability of export business. About 80% of the world major transportation of goods is carried out
by sea, which also gives rise to a number of risk factors associated with transportation of goods.
The major risk factors related to shipping are cargo, vessels, people and financing. So it becomes
necessary for the government to address all of these risks with broadbased security policy
responses, since simply responding to threats in isolation to one another can be both ineffective
and costly.
Each time goods are handled; there risk of damage. Plan for this when packing for
export, and deciding on choice of transport and route.
The expected sailing dates for marine transport should be built into the
production programme, especially where payments is to be made by Letter of
Credit when documents will needs to be presented within a specified time frame.
Driver accompanied road transport provides peace of minds, but the ability to fill
the return load will affect pricing.
Transport Insurance
Export and import in international trade, requires transportation of goods over a long
distance. No matter whichever transport has been used in international trade, necessary
insurance is must for ever good.
Cargo insurance also known as marine cargo insurance is a type of insurance against
physical damage or loss of goods during transportation. Cargo insurance is effective in all
the three cases whether the goods have been transported via sea, land or air.
Insurance policy is not applicable if the goods have been found to be packaged or
transported by any wrong means or methods. So, it is advisable to use a broker for
placing cargo risks.
Scope of Coverage
The following can be covered for the risk of loss or damage:
Cargoimport, export cross voyage dispatched by sea, river, road, rail post, personal
courier, and including associated storage risks.
Good in transit (inland).
Associated stock.
However there are still a number of general exclusion such loss by delay, war risk,
improper packaging and insolvency of carrier. Converse for some of these may be
negotiated with the insurance company. The Institute War Clauses may also be added.
Regular exporters may negotiate open cover. It is an umbrella marine insurance policy
that is activated when eligible shipments are made. Individual insurance certificates are
issued after the shipment is made. Some letters of Credit Will require an individual
insurance policy to be issued for the shipment, While others accept an insurance
certificate.
Specialist Covers
Whereas standard marine/transport cover is the answer for general cargo, some classes
of business will have special requirements. General insurer may have developed specialty
teams to cater for the needs of these business, and it is worth asking if this cover can be
extended to export risks.
Stock through put cover extended beyond the time goods are in transit until when they
are used at the destination.
Seller's Interest and Buyer's Interest covers usually extended cover to apply if the title in
the goods reverts to the insured party until the goods are recovered resold or returned.
Credit Insurance
Credit Insurance is special type of loan which pays back a fraction or whole of the
amount to the borrower in case of death, disability, or unemployment. It protects open
account sales against nonpayment resulting from a customer's legal insolvency or default.
It is usually required by manufacturers and wholesalers selling products on credit terms to
domestic and/or foreign customers.
Benefits of Credit Insurance
Payment Risk
This type of risk arises when a customer charges in an organization or if he does not pay
for operational reasons. Payment risk can only be recovered by a well written contract.
Recovery can not be made for payment risk using credit insurance.
Credit Limit
Companies with credit insurance need to have proper credit limits according to the terms
and conditions. This includes fulfilling the administrative requirements, including
notification of overdoes and also terms set out in the credit limit decision.
Payment of the claim can only be done after a fix period, which is about 6 months for
slow pay insurance. In case of economic and political events is six or more than six
months, depending on the exporter markets.
Credit insurance covers the risk of non payment of trade debts. Each policy is different,
some covering only insolvency risk on goods delivered, and others covering a wide range
of risk such as :
Local sales, export sales, or both.
Protracted default.
Predelivery risks.
Like all other insurance, credit insurance covers the risk of fortuitous loss. Key features of
credit insurance are:
The company is expected to assess that its client exists and is creditworthy . This might be
by using a credit limit service provided by the insurer. A Credit limit Will to pay attention
to the company's credit management procedures, and require that agreed procedures
manuals be followed at all times.
While the credit insurer underwrites the risk of non payment and contract frustration the
nature of the risk is affected by how it is managed. The credit insurer is likely to pay
attention to the company's credit managements procedures, and require that agreed
procedures manuals be followed at all times.
The credit insurer will expect the sales contract to be written effectively and invoices to be
clear.
The company will be required to report any overdue or other problems in a timely
fashion.
The credit insurer may have other exposure on the same buyers or in the same markets. A
company will therefore benefits if other policyholder report that a particular potential
customer is in financial difficulties.
In the event that the customer does not pay, or cannot pay, the policy reacts. There may
be a waiting period to allow the company to start collection procedures, and to resolve
nay quality disputes.
Many credit insurer contribute to legal costs, including where early action produces a full
recovery and avoids a claim.
Assistance and /or advice when debts are overdue or there is a risk of loss.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Introduction
Transport Insurance
Scope of Coverage
Specialist Covers
Seller's Buyer's Contingent Interest Insurance
Loss of Profits/ Consequential Loss Insurance
Introduction
It is quite important to evaluate the transportation risk in international trade for better financial
stability of export business. About 80% of the world major transportation of goods is carried out
by sea, which also gives rise to a number of risk factors associated with transportation of goods.
The major risk factors related to shipping are cargo, vessels, people and financing. So it becomes
necessary for the government to address all of these risks with broadbased security policy
responses, since simply responding to threats in isolation to one another can be both ineffective
and costly.
Each time goods are handled; there risk of damage. Plan for this when packing for
export, and deciding on choice of transport and route.
The expected sailing dates for marine transport should be built into the
production programme, especially where payments is to be made by Letter of
Credit when documents will needs to be presented within a specified time frame.
Driver accompanied road transport provides peace of minds, but the ability to fill
the return load will affect pricing.
Transport Insurance
Export and import in international trade, requires transportation of goods over a long
distance. No matter whichever transport has been used in international trade, necessary
insurance is must for ever good.
Cargo insurance also known as marine cargo insurance is a type of insurance against
physical damage or loss of goods during transportation. Cargo insurance is effective in all
the three cases whether the goods have been transported via sea, land or air.
Insurance policy is not applicable if the goods have been found to be packaged or
transported by any wrong means or methods. So, it is advisable to use a broker for
placing cargo risks.
Scope of Coverage
The following can be covered for the risk of loss or damage:
Cargoimport, export cross voyage dispatched by sea, river, road, rail post, personal
courier, and including associated storage risks.
Good in transit (inland).
Freight service liability.
Associated stock.
However there are still a number of general exclusion such loss by delay, war risk,
improper packaging and insolvency of carrier. Converse for some of these may be
negotiated with the insurance company. The Institute War Clauses may also be added.
Regular exporters may negotiate open cover. It is an umbrella marine insurance policy
that is activated when eligible shipments are made. Individual insurance certificates are
issued after the shipment is made. Some letters of Credit Will require an individual
insurance policy to be issued for the shipment, While others accept an insurance
certificate.
Specialist Covers
Whereas standard marine/transport cover is the answer for general cargo, some classes
of business will have special requirements. General insurer may have developed specialty
teams to cater for the needs of these business, and it is worth asking if this cover can be
extended to export risks.
Stock through put cover extended beyond the time goods are in transit until when they
are used at the destination.
Seller's Interest and Buyer's Interest covers usually extended cover to apply if the title in
the goods reverts to the insured party until the goods are recovered resold or returned.
Loss of Profits/ Consequential Loss Insurance
Importers buying goods for a particular event may be interested in consequential loss
cover in case the goods are late (for a reason that id insured) and (expensive)
replacements have to be found to replace them. In such cases, the insurer will pay a claim
and receive may proceeds from the eventual sale of the delayed goods.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
Credit Insurance
Credit Insurance is special type of loan which pays back a fraction or whole of the
amount to the borrower in case of death, disability, or unemployment. It protects open
account sales against nonpayment resulting from a customer's legal insolvency or default.
It is usually required by manufacturers and wholesalers selling products on credit terms to
domestic and/or foreign customers.
Benefits of Credit Insurance
Payment Risk
This type of risk arises when a customer charges in an organization or if he does not pay
for operational reasons. Payment risk can only be recovered by a well written contract.
Recovery can not be made for payment risk using credit insurance.
Bad Debt Protection
A bad debt can effect profitability. So, it is always good to keep options ready for bad
debt like Confirmation of LC, debt purchase (factoring without recourse of forfeiting) or
credit insurance.
Confirmation of LC
In an international trade, the confirmation of letter of credit is issued to an exporter or
seller. This confirmation letter assures payment to an exporter or seller, even if the issuing
bank defaults on its payment once the beneficiary meets his terms and conditions.
Credit Limit
Companies with credit insurance need to have proper credit limits according to the terms
and conditions. This includes fulfilling the administrative requirements, including
notification of overdoes and also terms set out in the credit limit decision.
Payment of the claim can only be done after a fix period, which is about 6 months for
slow pay insurance. In case of economic and political events is six or more than six
months, depending on the exporter markets.
Credit insurance covers the risk of non payment of trade debts. Each policy is different,
some covering only insolvency risk on goods delivered, and others covering a wide range
of risk such as :
Local sales, export sales, or both.
Protracted default.
Predelivery risks.
Like all other insurance, credit insurance covers the risk of fortuitous loss. Key features of
credit insurance are:
The company is expected to assess that its client exists and is creditworthy . This might be
by using a credit limit service provided by the insurer. A Credit limit Will to pay attention
to the company's credit management procedures, and require that agreed procedures
manuals be followed at all times.
While the credit insurer underwrites the risk of non payment and contract frustration the
nature of the risk is affected by how it is managed. The credit insurer is likely to pay
attention to the company's credit managements procedures, and require that agreed
procedures manuals be followed at all times.
The credit insurer will expect the sales contract to be written effectively and invoices to be
clear.
The company will be required to report any overdue or other problems in a timely
fashion.
The credit insurer may have other exposure on the same buyers or in the same markets. A
company will therefore benefits if other policyholder report that a particular potential
customer is in financial difficulties.
In the event that the customer does not pay, or cannot pay, the policy reacts. There may
be a waiting period to allow the company to start collection procedures, and to resolve
nay quality disputes.
Many credit insurer contribute to legal costs, including where early action produces a full
recovery and avoids a claim.
Assistance and /or advice when debts are overdue or there is a risk of loss.
Table of Contents
Chapter 1 - Payment Methods In Export Import
Chapter 2 - Payment Collection Against Bills
With more investors investing internationally, both directly and indirectly, the political, and
therefore economic, stability and viability of a country's economy need to be considered.
Measuring Country Risk
Given below are the lists of some agencies that provide services in evaluating the country risk.
Euromoney
Institutional Investor
Political Risk
The risk of loss due to political reasons arises in a particular country due to changes in the
country's political structure or policies, such as tax laws,tariffs, expropriation ofassets, or restriction
in repatriation of profits. Political risk is distinct from other commercial risks, and tends to be
difficult to evaluate.
Forced abandonment
Revoking of Import/ Exports licence.
Changes in regulations.
For the political risks in relation to the sale to another company in your group (where
there is a common shareholding and therefore insolvency cover is not available).
PreDelivery Risks
A company can suffer financial loss, if export contract is cancelled due to commercial or political
reasons, even before the goods and services are dispatched or delivered. In such a situation, the
exposure to loss will depends on:
Some times predelivery cover can be extended included the frustration of a contract
caused by non payment of a pre delivery milestone, and or non payment of a termination
account, and or bond call.
Predelivery risks are often complicated and the wording of the cover is worth careful
examination.
It is to be noted that in the event that it was clearly unwise to dispatch goods, credit risk
(payment risk) cover would not automatically apply if the company nonetheless went
ahead and dispatched head them.
With more investors investing internationally, both directly and indirectly, the political, and
therefore economic, stability and viability of a country's economy need to be considered.
Given below are the lists of some agencies that provide services in evaluating the country risk.
Euromoney
Institutional Investor
Political Risk
The risk of loss due to political reasons arises in a particular country due to changes in the
country's political structure or policies, such as tax laws,tariffs, expropriation ofassets, or restriction
in repatriation of profits. Political risk is distinct from other commercial risks, and tends to be
difficult to evaluate.
Some example of political risks are:
Forced abandonment
Changes in regulations.
For the political risks in relation to the sale to another company in your group (where
there is a common shareholding and therefore insolvency cover is not available).
PreDelivery Risks
A company can suffer financial loss, if export contract is cancelled due to commercial or political
reasons, even before the goods and services are dispatched or delivered. In such a situation, the
exposure to loss will depends on:
Some times predelivery cover can be extended included the frustration of a contract
caused by non payment of a pre delivery milestone, and or non payment of a termination
account, and or bond call.
Predelivery risks are often complicated and the wording of the cover is worth careful
examination.
It is to be noted that in the event that it was clearly unwise to dispatch goods, credit risk
(payment risk) cover would not automatically apply if the company nonetheless went
ahead and dispatched head them.
With more investors investing internationally, both directly and indirectly, the political, and
therefore economic, stability and viability of a country's economy need to be considered.
Given below are the lists of some agencies that provide services in evaluating the country risk.
Euromoney
Institutional Investor
Political Risk
The risk of loss due to political reasons arises in a particular country due to changes in the
country's political structure or policies, such as tax laws,tariffs, expropriation ofassets, or restriction
in repatriation of profits. Political risk is distinct from other commercial risks, and tends to be
difficult to evaluate.
Forced abandonment
Changes in regulations.
For the political risks in relation to the sale to another company in your group (where
there is a common shareholding and therefore insolvency cover is not available).
PreDelivery Risks
A company can suffer financial loss, if export contract is cancelled due to commercial or political
reasons, even before the goods and services are dispatched or delivered. In such a situation, the
exposure to loss will depends on:
Some times predelivery cover can be extended included the frustration of a contract
caused by non payment of a pre delivery milestone, and or non payment of a termination
account, and or bond call.
Predelivery risks are often complicated and the wording of the cover is worth careful
examination.
It is to be noted that in the event that it was clearly unwise to dispatch goods, credit risk
(payment risk) cover would not automatically apply if the company nonetheless went
ahead and dispatched head them.
Introduction
Currency Hedging
FOREX Market
Spot Rate
Forward Price
Forward Price vs. Spot Price
RBI Reference Rate
Inter Bank Rates
Telegraphic Transfer
Currency Rate
Cross Rate
Long and Short
Bid and Ask
Buying and Selling
FOREX Rates vs. Interest Rates
Calculating the Forward Rates
Introduction
Currency risk is a type of risk in international trade that arises from the fluctuation in price
of one currency against another. This is a permanent risk that will remain as long as
currencies remain the medium of exchange for commercial transactions. Market
fluctuations of relative currency values will continue to attract the attention of the
exporter, the manufacturer, the investor, the banker, the speculator, and the policy maker
alike.
While doing business in foreign currency, a contract is signed and the company quotes a
price for the goods using a reasonable exchange rate. However, economic events may
upset even the best laid plans. Therefore, the company would ideally wish to have a
strategy for dealing with exchange rate risk.
Currency Hedging
Currency hedging is technique used to avoid the risks associated with the changing value
of currency while doing transactions in international trade. It is possible to take steps to
hedge foreign currency risk. This may be done through one of the following options:
Billing foreign deals in Indian Rupees: This insulates the Indian exporter from currency
fluctuations. However, this may not be acceptable to the foreign buyer. Most of
international trade transactions take place in one of the major foreign currencies USD,
Euro, Pounds Sterling, and Yen.
Forward contract. You agree to sell a fixed amount of foreign exchange (to convert this
into your currency) at a future date, allowing for the risk that the buyer’s payments are
late.
Options: You buy the right to have currency at an agreed rate within an agreed period.
For example, if you expect to receive $35,000 in 3 months, time you could buy an option
to convert $35,000 into your currency in 3 months. Options can be more expensive than a
forward contract, but you don't need to compulsorily use your option.
Foreign currency bank account and foreign currency borrowing: These may be suitable
where you have cost in the foreign currency or in a currency whose exchange rate is
related to that currency.
FOREX Market
Forex market is one of the largest financial markets in the world, where buyers and sellers
conduct foreign exchange transactions. Its important in the international trade can be
estimated with the fact that average daily trade in the global forex markets is over US $ 3
trillion. We shall touch upon some important topics that affect the risk profile of an
International transaction.
Spot Rate
Also known as "benchmark rates", "straightforward rates"or "outright rates", spot rates is
an agreement to buy or sell currency at the current exchange rate. The globally accepted
settlementcycle for foreignexchange contracts is two days. Foreignexchange contracts are
therefore settled on the second day after the day the deal is made.
Forward Price
Forward price is a fixed price at which a particular amount of a commodity, currency or
security is to be delivered on a fixed date in the future, possibly as for as a year ahead.
Traders agree to buy and sell currencies for settlement at least three days later, at
predetermined exchange rates. This type of transaction often is used by business to
reduce their exchange rate risk.
Telegraphic Transfer
Telegraphic transfer or in short TT is a quick method of transfer money from one bank to
another bank. TT method of money transfer has been introduced to solve the delay
problems caused by cheques or demand drafts. In this method, money does not move
physically and order to pay is wired to an institutions’ casher to make payment to a
company or individual. A cipher code is appended to the text of the message to ensure its
integrity and authenticity during transit. The same principle applies with Western
Union and Money Gram.
Currency Rate
The Currency rate is the rate at which the authorized dealer buys and sells the currency
notes to its customers. It depends on the TC rate and is more than the TC rate for the
person who is buying them.
Cross Rate
In inter bank transactions all currencies are normally traded against the US dollar, which
becomes a frame of reference. So if one is buying with rupees a currency X which is not
normally traded, one can arrive at a rupeeexchange rate by relating the rupee $ rate to
the $X rate . This is known as a cross rate.
The bidask spread is amount by which the ask price exceeds the bid. This is essentially the
difference in price between the highest price thata buyer is willing to pay for an asset and
the lowest price for whicha seller is willing to sell it.
For example, if the bid price is $20 and the ask price is $21 then the "bidask spread" is $1.
The spread is usually rates as percentage cost of transacting in the forex market, which is
computed as follow :
The main advantage of bid and ask methods is that conditions are laid out in advance
and transactions can proceed with no further permission or authorization from any
participants. When any bid and ask pair are compatible, a transaction occurs, in most
cases automatically.
The interest rate earned on US dollars is less than the interest rate earned on Indian
Rupee (INR). Therefore, when the forward rates are calculated the cost of this interest rate
differential is added to the transaction through increasing the rate.
USD 100,000 X 1.5200 = INR 152,000
INR 152,000 X 1% divided by 12 months = INR 126.67
INR 152,000 + INR 126.67 = INR 152,126.67
INR 152,126.67/USD 100,000 = 1.5213
Introduction
Currency Hedging
FOREX Market
Spot Rate
Forward Price
Forward Price vs. Spot Price
RBI Reference Rate
Inter Bank Rates
Telegraphic Transfer
Currency Rate
Cross Rate
Long and Short
Bid and Ask
Buying and Selling
FOREX Rates vs. Interest Rates
Calculating the Forward Rates
Introduction
Currency risk is a type of risk in international trade that arises from the fluctuation in price
of one currency against another. This is a permanent risk that will remain as long as
currencies remain the medium of exchange for commercial transactions. Market
fluctuations of relative currency values will continue to attract the attention of the
exporter, the manufacturer, the investor, the banker, the speculator, and the policy maker
alike.
While doing business in foreign currency, a contract is signed and the company quotes a
price for the goods using a reasonable exchange rate. However, economic events may
upset even the best laid plans. Therefore, the company would ideally wish to have a
strategy for dealing with exchange rate risk.
Currency Hedging
Currency hedging is technique used to avoid the risks associated with the changing value
of currency while doing transactions in international trade. It is possible to take steps to
hedge foreign currency risk. This may be done through one of the following options:
Billing foreign deals in Indian Rupees: This insulates the Indian exporter from currency
fluctuations. However, this may not be acceptable to the foreign buyer. Most of
international trade transactions take place in one of the major foreign currencies USD,
Euro, Pounds Sterling, and Yen.
Forward contract. You agree to sell a fixed amount of foreign exchange (to convert this
into your currency) at a future date, allowing for the risk that the buyer’s payments are
late.
Options: You buy the right to have currency at an agreed rate within an agreed period.
For example, if you expect to receive $35,000 in 3 months, time you could buy an option
to convert $35,000 into your currency in 3 months. Options can be more expensive than a
forward contract, but you don't need to compulsorily use your option.
Foreign currency bank account and foreign currency borrowing: These may be suitable
where you have cost in the foreign currency or in a currency whose exchange rate is
related to that currency.
FOREX Market
Forex market is one of the largest financial markets in the world, where buyers and sellers
conduct foreign exchange transactions. Its important in the international trade can be
estimated with the fact that average daily trade in the global forex markets is over US $ 3
trillion. We shall touch upon some important topics that affect the risk profile of an
International transaction.
Spot Rate
Also known as "benchmark rates", "straightforward rates"or "outright rates", spot rates is
an agreement to buy or sell currency at the current exchange rate. The globally accepted
settlementcycle for foreignexchange contracts is two days. Foreignexchange contracts are
therefore settled on the second day after the day the deal is made.
Forward Price
Forward price is a fixed price at which a particular amount of a commodity, currency or
security is to be delivered on a fixed date in the future, possibly as for as a year ahead.
Traders agree to buy and sell currencies for settlement at least three days later, at
predetermined exchange rates. This type of transaction often is used by business to
reduce their exchange rate risk.
Currency Rate
The Currency rate is the rate at which the authorized dealer buys and sells the currency
notes to its customers. It depends on the TC rate and is more than the TC rate for the
person who is buying them.
Cross Rate
In inter bank transactions all currencies are normally traded against the US dollar, which
becomes a frame of reference. So if one is buying with rupees a currency X which is not
normally traded, one can arrive at a rupeeexchange rate by relating the rupee $ rate to
the $X rate . This is known as a cross rate.
The bidask spread is amount by which the ask price exceeds the bid. This is essentially the
difference in price between the highest price thata buyer is willing to pay for an asset and
the lowest price for whicha seller is willing to sell it.
For example, if the bid price is $20 and the ask price is $21 then the "bidask spread" is $1.
The spread is usually rates as percentage cost of transacting in the forex market, which is
computed as follow :
The main advantage of bid and ask methods is that conditions are laid out in advance
and transactions can proceed with no further permission or authorization from any
participants. When any bid and ask pair are compatible, a transaction occurs, in most
cases automatically.
Introduction
Highlight of Exim Policy 200207
Service Exports
Status Holders
Hardware/Software
Gem & Jewellery Sector
Removal of Quantitative Restrictions
Special Economic Zones Scheme
EOU Scheme
EPCG Scheme
DEPB Scheme
DFRC Scheme
Miscellaneous
Introduction
Export Import Policy or better known as Exim Policy is a set of guidelines and instructions related
to the import and export of goods. The Government of India notifies the Exim Policy for a period
of five years (1997 2002) under Section 5 of the Foreign Trade (Development and Regulation Act),
1992. The current policy covers the period 2002 2007. The Export Import Policy is updated every
year on the 31st of March and the modifications, improvements and new schemes becames
effective from 1st April of every year. All types of changes or modifications related to the Exim
Policy is normally announced by the Union Minister of Commerce and Industry who coordinates
with the Ministry of Finance, the Directorate General of Foreign Trade and its network of regional
offices.
1. Service Exports
Duty free import facility for service sector having a minimum foreign exchange earning of
Rs. 10 lakhs. The duty free entitlement shall be 10% of the average foreign exchange
earned in the preceding three licensing years.
However, for hotels the same shall be 5 % of the average foreign exchange earned in the
preceding three licensing years. Imports of agriculture and dairy products shall not be
allowed for imports against the entitlement. The entitlement and the goods imported
against such entitlement shall be non transferable.
2. Status Holders
a. Duty free import entitlement for status holder having incremental growth of more
than 25% in FOB value of exports (in free foreign exchange). This facility shall
however be available to status holder having a minimum export turnover of Rs. 25
crore (in free foreign exchange).
b. Annual Advance Licence facility for status holder to be introduced to enable them
to plan for their imports of raw material and component on an annual basis and
take advantage of bulk purchase.
3. Hardware/Software
a. To give a boost to electronic hardware industry, supplies of all 217 ITA1 items
from EHTP units to Domestic Tariff Area (DTA) shall qualify for fulfillment of export
obligation.
b. To promote growth of exports in embedded software, hardware shall be
admissible for duty free import for testing and development purpose. Hardware
up to a value of US$ 10,000 shall be allowed to be disposed off subject to STPI
certification.
c. Gem & Jewellery units in SEZ and EOUs can receive precious metal
Gold/silver/platinum prior to export or post export equivalent to value of jewellery
exported. This means that they can bring export proceeds in kind against the
present provision of bringing in cash only.
c. Foreign bound passengers will now be allowed to take goods from SEZs to
promote trade, tourism and exports.
e. Restriction of one year period for remittance of export proceeds removed for SEZ
units.
f. Netting of export permitted for SEZ units provided it is between same exporter
and importer over a period of 12 months.
g. SEZ units permitted to take job work abroad and exports goods from there only.
j. Export/Import of all products through post parcel /courier by SEZ units will now
be allowed.
k. The value of capital goods imported by SEZ units will now be amortized uniformly
over 10 years.
l. SEZ units will now be allowed to sell all products including gems and jewellery
through exhibition and duty free shops or shops set up abroad.
m. Goods required for operation and maintenance of SEZ units will now be allowed
duty free.
7. EOU Scheme
Provision b,c,i,j,k and l of SEZ (Special Economic Zone) scheme , as mentioned above,
apply to Export Oriented Units (EOUs) also. Besides these, the other important provisions
are:
a. EOUs are now required to be only net positive foreign exchange earner and there
will now be no export performance requirement.
b. Period of Utilization raw materials prescribed for EOUs increased from 1 years to
3 years.
c. Gems and jewellery EOUs are now being permitted sub contracting in DTA.
d. Gems and jewellery EOUs will now be entitled to advance domestic sales.
8. EPCG Scheme
a. The Export Promotion Capital Goods (EPCG) Scheme shall allow import of capital
goods for preproduction and post production facilities also.
b. The Export Obligation under the scheme shall be linked to the duty saved and
shall b 8 times the duty saved.
e. Greater flexibility for fulfillment of export obligation under the scheme by allowing
export of any other product manufactured by the exporter. This shall take care of
the dynamics of international market.
f. Capital goods up to 10 years old shall also be allowed under the Scheme.
9. DEPB Scheme
a. Facility for pro visional Duty Entitlement Pass Book(DEPB) rates introduced to
encourage diversification and promote export of new products.
b. DEPB rates rationalize in line with general reduction in Customs duty.
11. Miscellaneous
a. Actual user condition for import of second hand capital goods up to 10 years old
dispensed with.
b. Reduction in penal interest rate from 24% to 15% for all old cases of default
under Exim policy
Introduction
Some Highlights of FEMA
Buyers's /Supplier's Credit
Introduction
Foreign Exchange Management Act or in short (FEMA) is an act that provides guidelines
for the free flow of foreign exchange in India. It has brought a new management regime
of foreign exchange consistent with the emerging frame work of the World Trade
Organisation (WTO). Foreign Exchange Management Act was earlier known as FERA
(Foreign Exchange Regulation Act), which has been found to be unsuccessful with the
proliberalisation policies of the Government of India.
FEMA is applicable in all over India and even branches, offices and agencies located
outside India, if it belongs to a person who is a resident of India.
There are 7 types of current account transactions, which are totally prohibited, and
therefore no transaction can be undertaken relating to them. These include transaction
relating to lotteries, football pools, banned magazines and a few others.
FEMA and the related rules give full freedom to Resident of India (ROI) to hold or own or
transfer any foreign security or immovable property situated outside India.
Similar freedom is also given to a resident who inherits such security or immovable
property from an ROI.
An ROI is permitted to hold shares, securities and properties acquired by him while he was
a Resident or inherited such properties from a Resident.
The exchange drawn can also be used for purpose other than for which it is drawn
provided drawl of exchange is otherwise permitted for such purpose.
Certain prescribed limits have been substantially enhanced. For instance, residence now
going abroad for business purpose or for participating in conferences seminars will not
need the RBI's permission to avail foreign exchange up to US$. 25,000 per trip irrespective
of the period of stay, basic travel quota has been increased from the existing US$ 3,000 to
US$ 5,000 per calendar year.
It may be noted that buyers credit and suppliers credit for three years and above
come under the category of External Commercial Borrowing (ECB), which are
governed by ECB guidelines. Trade credit can be availed for import of goods only
therefore interest and other charges will not be a part of trade credit at any point
of time.
2. Amount and tenor : For import of all items permissible under the Foreign Trade
Policy (except gold), Authorized Dealers (ADs) have been permitted to approved
trade credits up to 20 millions per import transaction with a maturity period ( from
the date of shipment) up to one year.
Additionally, for import of capital goods, ADs have been permitted to approved
trade credits up to USD 20 millions transactions with a maturity period of more
than one year and less than three years. No roll over/ extension will be permitted
by the AD beyond the permissible period.
3. All in cost ceiling : The all in cost ceiling are as under: Maturity period up to one
year 6 months LIBOR +50 basis points.
Maturity period more than one year but less than three years 6 months LIBOR* +
125 basis point
* for the respective currency of credit or applicable benchmark like EURIBOR.,
SIBOR, TIBOR, etc.
Application if interest
I. General
Bank will purchase only Approved Bill and the decision as to what is an approved
bill lies solely with the purchasing bank. This includes bills tendered under forward
contracts, letters of authority, orders to negotiate, orders for payment and any
other type of document of similar nature. Bank will have the discretion to handle
export bills on purchase/discount/negotiation or collection basis.
ii. Exporters are liable for the repatriation of proceeds of the export
bills negotiated/ purchased/ discounted or sent for collection by the
Authorised Dealers. Authorised Dealers would transfer the exchange
risk to the exporter by crystallising the foreign currency liability into
Rupee liability on the 30th day after the transit period in case of
unpaid demand bills. In case of unpaid usance bill crystallisation will
take place on the 30th day from Notional due date or actual due
date. Notional due date is arrived at by adding transit period,
usance period and grace period if any to the date of purchase/
discount/ negotiation.
For crystallisation into Rupee liability the bank will apply the spot TT
selling rate of exchange ruling on the date of crystallisation. If the
crystallised Rupee liability is less than the amount originally advance
at the time of purchase/ discount/ negotiation the shortfall will be
recovered from the customer. If, however, the crystallised rupee
liability is higher than the amount originally advanced at the time of
purchase/ discount/ negotiation banks will not pass on the surplus
to the customers as bank consider the excess amount as an
additional advance. Interest will also be recovered on the date of
crystallisation for the period from the date of expiry of normal
transit period/ notional due date, as the case may be, to the date of
crystallisation at the appropriate rate of interest as directed by
Reserve bank of India for overdue export bills.
b. Application if interest
ii. The rate of interest applicable for all export transactions shall be as
prescribed by Reserve Bank of India from time to time.
Examples
Table-1
Normal Transit Period for Purpose of bills in
Foreign Currencies – Direct and Indirect Bills
Transit Period – No. of Days
For indirect bills drawn on
CurrenciesOf Countries ForDirectBills
U.K.,EuropeN.America AfricaAsia Australia N.Zealand
And Pacific Islands W. Indies Central &SouthAmerica
UK, Europe & N. America 20 25 30 30 35
Africa, Asia 20 30 25 35 35
Australia, N.Zealand,Pacific Islands &W.Indies 20 30
35 25 30
Central and SouthAmerica 25 35 35 35 30
Note:
In case of export usance bill where due dates are
reckoned from date of shipment or date of bill of
exchange no. Normal Transit Period will be
applicable.
Table – II
Normal Transit Period for Purpose of Bills
Drawn in Rupees
b. Bahamas (W.Indies)
Barbados
Bermuda
Borneo
Burma
British Honduras
British Solomon Islands
e. Ethiopia
f. Falkland
Island
Fiji
Islands
g. Gambia
Ghana
Gibraltar
Grenada (W.Indies)
Guyana
h. Hongkong
i. India
Ireland
j. Jamaica
Jordan
k. Kenya
Korea
m. M. Malawi
Malaysia
Malta
Montesserrat
(W.Indies)
Mauritius
n. New Zealand
Nevis (W.Indies)
Nigeria
Norfolk Island
p. Pakistan
Papua & New Guinea
Portugese Timor
s. Sabah
Sierra Leonne
Seychelles
Singapore
Somali
Southern Yemen
(Aden)
Sri Lanka
St. Helena
St. Kitts (W.Indies)
St. Lucia (W.Indies)
St. Vincent (W.Indies)
Sudan
Swaziland
t. Tanzania
Thailand
Trinidad & (British)
Turk & Caricos Islands
u. Uganda
w. Western Samoa
z. Zambia
1. In case of early
realisation of export bill
proportionate interest
will be refunded from
the
date of realisation i.e. by
credit to nostro
account in case of a
foreign currency bill, and
by debit to vostro
account in case of a
Rupee
bill, upto the last date of
normal transit period
in the case of demand
bill and upto the
notional
due date in case of
usuance bill. Such a
refund shall become
payable only on receipt
of relative credit advice/
statement of account by
bank.
2. In case of early
realisation of usance
export bill
Athorised dealer would
recover or pay swap cost
as in case of early
deliveries under a
forward contract.
Note 1:
In case a purchase/ discount/ negotiated bill
(both in foreign currency as well as in Rupees)
is later converted into a collection bills shall
not be charged.
Note 2:
In case an export bill for collection (both in
foreign currency as well as in Rupees) is
subsequently purchase/discounted, the bank
will recover the charges as applicable to
export bills purchased/discounted and will not
levy the commission as applicable to
collection bills.
b. Application of interest
On all Rupee loans granted against export bills sent on collection, interest
will be charged as prescribed by Reserve Bank of India from time to time
for export credit.
Authorised Dealers will also pay interest for delay in payment to the
exporters on export bills sent for collection and realised. On the
assumption that the customer has complied with Exchange Control and
bank’s own requirement, the following are time limits within which the
transaction should be completed by an Authorised Dealer or his
Authorised Branch after the date of receipt of credit advices/ statements :
Note:
if transfers are not completed within seven days from the time schedule
fixed for execution of the payment orders the compensation will be
payable. Compensation will start from the expiary of the period for
execution of payment orders.
c. Application of charges
Note: These charges are also recoverable from the exporters where
advance payment towards exports is received.
ii. In case of overdue export bills sent on collection i.e. where proceed
are not received in India within the stipulated period of 6 months,
additional commission not exceeding Rs. 250/- per quarter shall be
charged.
iii. Where the proceeds of export bill sent on collection are received
through a bank other than the collecting bank at the instance of the
exporter/ overseas buyer, an additional charge of 0.125% shall be
recovered from the exporter by the collecting bank.
v. Where bank charges are to be recovered from the drawee but are
refused by them, such charges shall be recovered from the
exporter.
Notes :
When transfers are made under a transferable letter of credit (whether full or in
part and whether endorsed on the credit it self or not), a minimum charge of Rs.
200/- shall be recovered for each advice of transfer, except when the name of the
beneficiary of the credit is charged on instructions received directly from the
opening bank. The transfer charge shall be for the account of the original
beneficiary of the credit. (AR 10/95 dated 20.12.95)
VI. On all letters of credit calling for usance bills to be drawn on and accepted by
banks in India, an acceptance commission shall be charged at the rate of 0.15%
per month.
VII.
i. Certificates
4.
FEMA regulations have an immense impact in international trade transactions and
different modes of payments.RBI release regular notifications and circulars,
outlining its clarifications and modifications related to various sections of FEMA.
Rules of FEDAI also include announcement of daily and periodical rates to its
member banks.
FEDAI guidelines play an important role in the functioning of the markets and work in
close coordination with Reserve Bank of India (RBI), other organizations like Fixed Income
Money Market and Derivatives Association (FIMMDA), the Forex Association of India and
various other market participants.
FEDAI Rules
FEDAI Rules-1-Hours-Of-Business
FEDAI Rules-2-Export-Transactions
FEDAI Rules-3-Import-Transactions
FEDAI Rules-4-Merchanting-Tradeing
FEDAI Rules-5-Clean-Instruments
FEDAI Rules-6-Guarantees
FEDAI Rules-7-Exchange-Contracts
FEDAI Rules-8-Early-Delivery-Extension-And-Cancellation-Of-Forward
-Exchange-Contracts
FEDAI Rules-9-Schedule-Of-Charges
FEDAI Rules-10-Business-Through-Exchange-Brokers
FEDAI Rules-11-Inter-Bank-TT-Settlement-And-Dispatch
FEDAI Rules-12-Inter-Bank-TT-Settlement-Of-Inter-Bank-TTs-And-
Despatch Fedai
FEDAI Rules-13-Abolition-Of-Sterling-Rates-Schedule
FEDAI Rules-14-Clarification-Explanatory-Notes-Certain-Other-Important-
Information
I. General
Bank will purchase only Approved Bill and the decision as to what is an approved
bill lies solely with the purchasing bank. This includes bills tendered under forward
contracts, letters of authority, orders to negotiate, orders for payment and any
other type of document of similar nature. Bank will have the discretion to handle
export bills on purchase/discount/negotiation or collection basis.
ii. Exporters are liable for the repatriation of proceeds of the export
bills negotiated/ purchased/ discounted or sent for collection by the
Authorised Dealers. Authorised Dealers would transfer the exchange
risk to the exporter by crystallising the foreign currency liability into
Rupee liability on the 30th day after the transit period in case of
unpaid demand bills. In case of unpaid usance bill crystallisation will
take place on the 30th day from Notional due date or actual due
date. Notional due date is arrived at by adding transit period,
usance period and grace period if any to the date of purchase/
discount/ negotiation.
For crystallisation into Rupee liability the bank will apply the spot TT
selling rate of exchange ruling on the date of crystallisation. If the
crystallised Rupee liability is less than the amount originally advance
at the time of purchase/ discount/ negotiation the shortfall will be
recovered from the customer. If, however, the crystallised rupee
liability is higher than the amount originally advanced at the time of
purchase/ discount/ negotiation banks will not pass on the surplus
to the customers as bank consider the excess amount as an
additional advance. Interest will also be recovered on the date of
crystallisation for the period from the date of expiry of normal
transit period/ notional due date, as the case may be, to the date of
crystallisation at the appropriate rate of interest as directed by
Reserve bank of India for overdue export bills.
b. Application if interest
ii. The rate of interest applicable for all export transactions shall be as
prescribed by Reserve Bank of India from time to time.
Examples
Table-1
Normal Transit Period for Purpose of bills in
Foreign Currencies – Direct and Indirect Bills
Transit Period – No. of Days
For indirect bills drawn on
CurrenciesOf Countries ForDirectBills
U.K.,EuropeN.America AfricaAsia Australia N.Zealand
And Pacific Islands W. Indies Central &SouthAmerica
UK, Europe & N. America 20 25 30 30 35
Africa, Asia 20 30 25 35 35
Australia, N.Zealand,Pacific Islands &W.Indies 20 30
35 25 30
Central and SouthAmerica 25 35 35 35 30
Note:
In case of export usance bill where due dates are
reckoned from date of shipment or date of bill of
exchange no. Normal Transit Period will be
applicable.
Table – II
Normal Transit Period for Purpose of Bills
Drawn in Rupees
b. Bahamas (W.Indies)
Barbados
Bermuda
Borneo
Burma
British Honduras
British Solomon Islands
e. Ethiopia
f. Falkland
Island
Fiji
Islands
g. Gambia
Ghana
Gibraltar
Grenada (W.Indies)
Guyana
h. Hongkong
i. India
Ireland
j. Jamaica
Jordan
k. Kenya
Korea
m. M. Malawi
Malaysia
Malta
Montesserrat
(W.Indies)
Mauritius
n. New Zealand
Nevis (W.Indies)
Nigeria
Norfolk Island
p. Pakistan
Papua & New Guinea
Portugese Timor
s. Sabah
Sierra Leonne
Seychelles
Singapore
Somali
Southern Yemen
(Aden)
Sri Lanka
St. Helena
St. Kitts (W.Indies)
St. Lucia (W.Indies)
St. Vincent (W.Indies)
Sudan
Swaziland
t. Tanzania
Thailand
Trinidad & (British)
Turk & Caricos Islands
u. Uganda
w. Western Samoa
z. Zambia
1. In case of early
realisation of export bill
proportionate interest
will be refunded from
the
date of realisation i.e. by
credit to nostro
account in case of a
foreign currency bill, and
by debit to vostro
account in case of a
Rupee
bill, upto the last date of
normal transit period
in the case of demand
bill and upto the
notional
due date in case of
usuance bill. Such a
refund shall become
payable only on receipt
of relative credit advice/
statement of account by
bank.
2. In case of early
realisation of usance
export bill
Athorised dealer would
recover or pay swap cost
as in case of early
deliveries under a
forward contract.
Note 1:
In case a purchase/ discount/ negotiated bill
(both in foreign currency as well as in Rupees)
is later converted into a collection bills shall
not be charged.
Note 2:
In case an export bill for collection (both in
foreign currency as well as in Rupees) is
subsequently purchase/discounted, the bank
will recover the charges as applicable to
export bills purchased/discounted and will not
levy the commission as applicable to
collection bills.
b. Application of interest
On all Rupee loans granted against export bills sent on collection, interest
will be charged as prescribed by Reserve Bank of India from time to time
for export credit.
Authorised Dealers will also pay interest for delay in payment to the
exporters on export bills sent for collection and realised. On the
assumption that the customer has complied with Exchange Control and
bank’s own requirement, the following are time limits within which the
transaction should be completed by an Authorised Dealer or his
Authorised Branch after the date of receipt of credit advices/ statements :
Note:
if transfers are not completed within seven days from the time schedule
fixed for execution of the payment orders the compensation will be
payable. Compensation will start from the expiary of the period for
execution of payment orders.
c. Application of charges
Note: These charges are also recoverable from the exporters where
advance payment towards exports is received.
ii. In case of overdue export bills sent on collection i.e. where proceed
are not received in India within the stipulated period of 6 months,
additional commission not exceeding Rs. 250/- per quarter shall be
charged.
In case of export bills drawn on countries with externalisation
problems but paid in local currency and the exporter has obtained
necessary extension from Reserve Bank of India this charge will not
be levied for such extension.
iii. Where the proceeds of export bill sent on collection are received
through a bank other than the collecting bank at the instance of the
exporter/ overseas buyer, an additional charge of 0.125% shall be
recovered from the exporter by the collecting bank.
v. Where bank charges are to be recovered from the drawee but are
refused by them, such charges shall be recovered from the
exporter.
Notes :
When transfers are made under a transferable letter of credit (whether full or in
part and whether endorsed on the credit it self or not), a minimum charge of Rs.
200/- shall be recovered for each advice of transfer, except when the name of the
beneficiary of the credit is charged on instructions received directly from the
opening bank. The transfer charge shall be for the account of the original
beneficiary of the credit. (AR 10/95 dated 20.12.95)
VI. On all letters of credit calling for usance bills to be drawn on and accepted by
banks in India, an acceptance commission shall be charged at the rate of 0.15%
per month.
VII.
i. Certificates
Application of charges
I. General
ii. Establishment and amendment of all import letters of credit shall be at the
discretion of the Authorised Dealers.
iii. Commission shall be payable at the time of opening of the letter of credit
or at the time of amendment thereof and no refund will be allowed under
any circumstances whatsoever.
II.
a. Application of rates
i.
iii. For the purpose of determining stamp duty on import bills, the
foreign currency amount of the bills shall be converted into Rupee
at the exchange rates prescribed by government of India from time
to time.
b. Application of Interest
i.
iii. Interest, if any on import bills shall be recovered in full and shall not
be set off against interest, if any, payable on any margins which
may be held against such bill or the relative letter of credit.
c. Application of charges
Note 1:
The above scale of charges shall be collected by
banks on letters of credit, as
under :
Table
iii.
1 Note 2:
i. Where the letter of credit amount is less
than the equivalent of Rs. 10,000/- a minimum
charge of Rs. 100/- will be collected. (AR
10/95 dated 20.12.95)
ii. If any extension of the validity of the letter of
credit falls within a three month period for
which commitment charge has already been
collected a minimum, amendment commission
of Rs. 250/- shall be recovered. However, for
an amendment extending the validity of the
letter of credit beyond a three month period
(for which commitment charge has already
been collected) a fresh commitment charge at
0.15% per quarter or part there of shall be
recovered subject to a minimum of Rs. 250/-.
(AR 10/95 dated 20.12.95)
viii. In case where revolving letters of credit are establishing as per the
provision of the Exchange Control regulations and for restoration of
the credit to the extent of drawings honoured, the charges shall be
recovered as under :
x. . Crystallisation
a. All foreign currency import bills drawn under letters of credit shall
be crystallisation into Rupee liability on the 10th day from the date
of receipt of documents at the letter of credit opening branch of
the bank in the case of demand bills and on the due date in the
case of usance bills. In case the 10th day or the due date falls on a
holiday or a Saturday, the importer’s liability shall be crystallized
into Rupee liability on the next working day.
e. If the Rupee import bills are not retired within 10 days from
the date of receipt of documents, in the case of demand bills
or on the due date in the case of usance bills a late payment
commission of 0.15% shall be recovered.
a. On each bill drawn in foreign currency, on which the collecting bank earns
exchange margin, collection commission will be charged at the rate of 0.25% with a
minimum of Rs.50/-.
b. On each bill drawn in Rupee and on each bill drawn in foreign currency on which the
collecting bank does not earn exchange margin, commission of 0.50% with a
minimum of Rs. 50/- shall be charged by the collecting bank.In case the value of
Rupee import bills received on collection basis, exceeds Rupees One crore, bank shall
charge collection commission on a graded scale as under:
TABLE
a. On the First Rs.One crore At full rates specified in the Rule as above.
b. On the amount which is in excess of Rs.One crore At one half of the rate specified in the Rule as above.
d. Banks shall collect commission at half the rates applicable for import bills
received for collection at the time of effecting remittance in case of
document received by importers directly from the overseas exporters. (AR
10/95 dated 20.12.95)
If the overseas remitting bank or the exporter abroad requests for the
proceeds of collection bills under III(A) above, to be remitted in a currency
other than the currency of the bill, addition commission of 0.25% will be
charged.
III. On any local payment out of the proceeds of any import bill such as payments in
connection with barter business, to cases of need, etc., a minimum charge of Rs.
250/- shall not be recovered in respect of genuine allowances in order to effect
settlement of a dishonoured bill or in respect of commission payable to the
drawee. (AR 10/95 dated 20.12.95)
IV. Where applicable, Stamp Duty payable on all imports bills shall recovered from
the importer.
VI. When the value of parcel relating to an import bill exceed Rs. 1 Lac, an advalorem
charge based on rental value and insurance cost will be collected on a monthly
basis.
I. Banks will make remittances or open letter of credit in favour of the overseas
suppliers provided an advance remittance for the full value or an irrevocable letter
of credit for the full value has been received/ opened in favour of the
merchanting trader who is not a more financial intermediary.
II. Back-to-back letter will be treated as separate transaction and commission as per
Rule 3 II.C. shall be charged to the customer.
III. The banks are allowed to fix Forward Purchase Contract if so desired by the
merchant for the difference period of receipt of the proceeds of the on-sale.
IV. If foreign currency remittance are received in advance from the overseas buyer,
the banks may at the specific request of merchanting trade customer hold the
foreign currency funds in their Nostro account without converting the amount into
Indian Rupee till the date of payment to the overseas supplier. Bank shall not
apply buying and selling rates of exchange. Commission at 0.25% shall not pay
interest on such advance remittances or grant Rupee advances against foreign
currency funds thus received.
b. Application of charges
iii. All actual out of pocket expenses of the bank such as postage, telegram,
telex charges, including those of the correspondent bank will be recovered
from the beneficiary.
b. Certificates
Note:
Banks are authorized by Reserve Bank of India to issue the required
certificates on their ordinary printed letter heads in the undernoted
circumstances and they may reduce collection of the charge to Rs.20/- in
such instances (Bank may waive this charge at their discretion.) (AR 10/95
dated 20.12.95)
iv. All actual out of pocket expenses of the bank such as postage, telex
charges including those, of the correspondent bank shall be
recovered from the customer.
RULE 6-Guarantees
I. Limitations
In respect of any business directly connected with import and export trade, banks
shall not be parties to any of the following guarantees:
i. Any guarantee for an unlimited amount and/ or for an unlimited period
with the following exceptions:
d. Where such guarantees are issued against cash deposit for the full
invoice value of the goods received by the issuing bank from the
customer or where the relative goods are pledged with the issuing
bank so long the guarantees remain current.
ii.
II. Charges
The commission for the full specified period of liability shall be collected at the
time of signing a guarantee, except in respect of guarantees by item 5 above.
The “specified period of liability” shall mean the actual validity period of the
guarantee plus the additional period, if any, during which claims can be made on
the bank under the guarantee.
Note 1:
Customer should in their own interest obtain the return of cancelled guarantees
at the earliest.
Note 2:
Commission for issuing bid-bonds for supplies to projects carried out abroad as
well as to supplies to IBRD/IDA/UNICEF aided projects/ programmes in India
which are deemed as exports by the Reserve Bank of India, shall be recovered to
the extent of 25% thereof for the full period of validity of the bonds at the time of
issue. If the bid materialises the balance 75% of the commission shall be
recovered. However, if the bid gets frustrated there will not be refund of that part
of the commission collected.
III. Note 3:
In respect of Export Performance Guarantees (including Bid-bods
forearnest Money and Guarantees for Advance payments) commission may
be collected in yearly instalments where the amount of commission is more
than Rs.1 lac.
Note 7:
The currency of the bank guarantee can be the ‘euro’ at the option of the
applicant even though the underlying transaction is in one of the EMU
member country currencies.
ii. the first instalment shall be collected at the time of issuing the
guarantee, and the subsequent instalments shall be collected
thereafter annually, at the beginning of each year. The entire
commission must be recovered by the commencement of the last
year of validity of the guarantee.
iii. in the event of reduction of the value of the guarantee, there shall
be no refund of the commission collected.
RULE 6-Guarantees
I. Limitations
In respect of any business directly connected with import and export trade, banks
shall not be parties to any of the following guarantees:
i. Any guarantee for an unlimited amount and/ or for an unlimited period
with the following exceptions:
ii.
II. Charges
The commission for the full specified period of liability shall be collected at the
time of signing a guarantee, except in respect of guarantees by item 5 above.
The “specified period of liability” shall mean the actual validity period of the
guarantee plus the additional period, if any, during which claims can be made on
the bank under the guarantee.
Note 1:
Customer should in their own interest obtain the return of cancelled guarantees
at the earliest.
Note 2:
Commission for issuing bid-bonds for supplies to projects carried out abroad as
well as to supplies to IBRD/IDA/UNICEF aided projects/ programmes in India
which are deemed as exports by the Reserve Bank of India, shall be recovered to
the extent of 25% thereof for the full period of validity of the bonds at the time of
issue. If the bid materialises the balance 75% of the commission shall be
recovered. However, if the bid gets frustrated there will not be refund of that part
of the commission collected.
Note 3:
In respect of Export Performance Guarantees (including Bid-bods forearnest
Money and Guarantees for Advance payments) commission may be collected in
yearly instalments where the amount of commission is more than Rs.1 lac.
Note 7:
The currency of the bank guarantee can be the ‘euro’ at the option of the
applicant even though the underlying transaction is in one of the EMU member
country currencies.
III. On letter of guarantee covering import of goods on deferred payment terms and
letters of guarantee covering repayment of foreign currency loans extending over
one year commission shall be charged at the rate of 0.40% per quarter or part
thereof calculated on the amount of liability under such guarantee at the
beginning of every quarter. If the guarantee is valid for more than two years, the
amount of the commission may, at the bank’s discretion, be collected by
instalments subject to the following: (AR 2/95 dated 31.3.95)
ii. the first instalment shall be collected at the time of issuing the guarantee,
and the subsequent instalments shall be collected thereafter annually, at
the beginning of each year. The entire commission must be recovered by
the commencement of the last year of validity of the guarantee.
iii. in the event of reduction of the value of the guarantee, there shall be no
refund of the commission collected.
I. Contact amounts
When a bill contract mentions more than one rate for bill of different
deliveries, the contract must state the amount and delivery against each
such rate.
Illustration
Value of the export order dated 1.1.96 for US$60,000/- expiring – Delivery
period 31.3.96, 30.4.96 and 30.6.96 –
US$20,000/- each.
CONTRACT NO VALUE DELIVERY PERIOD RATE
II. For the first shipment effected say on 15.3.1996 the exporter should indicate the
contract No. as 96/1 and the rate as Rs. 36.6200.
Unless date of delivery is fixed and indicated in the contract, the option period of
delivery should be specified
as a calendar week (i.e. 1st to 7th, 8th to 15th, 16th to 23rd or 24th to last
working day of the month) or a calendar fortnight (i.e. 1st to 15th or 16th to last
working day of the month). In any case, the option of delivery shall not extend
beyond one calendar month, (i.e. 1st to last working day of the month). If the
fixed date of delivery or the last date of delivery option is a holiday/ declared a
holiday the delivery shall be effected/ delivery option exercised on the preceding
working day. Contracts permitting option of delivery must state the first and last
dates of delivery.dy” or “cash” merchant contract shall be deliverable on the same
day. “Value next day” contract shall be deliverable on the day immediately
succeeding the contract date. A spot contract shall be deliverable on second
succeeding business day following the day when the transaction is closed.
All contracts shall be understood to read “to be delivered or paid for at the bank”
and “at the named place”.
V. Date of delivery
In all forward merchant contracts, the merchant whether a buyer or a seller will
have the option of delivery.
The merchant purchase contract should state the tenor of the bills/ documents.
Acceptance of delivery of bills/ documents drawn for a different tenor will be at
the discretion of the bank.
In order to simplify and establish transparency, the exchange rate will be quoted
in direct terms i.e. so many Rupees and Paise for 1 unit of foreign currency or 100
units of foreign currencies (with effect from 2nd August 1993).
The merchant (as well as interbank) rate should be quoted upto four decimals, the
last two digits being in multiples of 25 (for example US$1 = Rs. 34.3250, 1 Pound
Sterling = Rs. 52.4350). The card rates of member banks should be quoted in two
rates decimals. For the sake of software programming the card rates may be
indicated in four decimals, provide the last two decimals are “00” (i.e. US$ = Rs.
34.9000).
[The exchange rate for the euro will be quoted in direct terms i.e. so many rupees
and paise for 1 unit of the euro. The merchant (as well as interbank) rates for the
euro shall be quoted upto four decimal, the last two digits being in multiples of
25. The card rates of member banks shall be quoted in two decimals. For the sake
of software programming the card rate may be indicated in four decimals
provided the last two decimal are 00.]
A list of common currencies and the unit of rate quotations are as detailed below:
1. Australian Dollar
2. Austrian Schilling
3. Bahraini Dinar
4. Canadian Dollar
5. Danish Kroner
6. Deutsche Mark
7. Dutch Guilder
8. Egyptian pound
27. US Dollar
28. EURO2
(Note: With effects from 01.01.96 the settlement procedure has been revised to
ACU Dollar)
II. Rounding off Rupee equivalent of the foreign currency at the agreed merchant
rate Settlement of all merchant transactions shall be effected on the principle of
rounding off the Rupees amounts to the nearest whole Rupee i.e. without paise.
Note: In terms of the above Rule amount upto 49 paise of the Rupee shall be
ignored and amount from 50 to
99 paise of the Rupee equivalent shall be rounded off to the next Rupee.
III. Charges
On each forward sale or purchase contract booked, a minimum commission of Rs.
250/- shall be recovered from the customer. (AR 10/95 dated 20.12.95)
Any excess amount over the amount stated in a contract, or shortfall therein, shall
be bought or sold, as the case may be, at the bank’s current spot rate of the day
and the amount of the excess in the contract shall be cancelled as per Rule 8 IV.
Please see “Clarification” at the end of this chapter Rule 7 Exchange contracts
Early delivery
Extension
Cancellation
Swap cost
c. Banks will levy a minimum charge of Rs. 100/- for every request from
a cancellation of a contract.
If a bank accept or gives early delivery, the bank shall recover/ pay swap
difference, if any.
III. Extension
Forward contract, either short term or long term contracts where extension
is sought by the customers (or are rolled over) shall be cancelled (at T.T.
Selling or Buying Rate as on the date of cancellation) and rebooked only at
current rate of exchange. The difference between the contracted rate and
the rate at which the contract is cancelled should be recovered from/ paid
to the customer at the time of extension. Such request for extension should
be made on or before the maturity date of the contract.
IV. Cancellation
f.
Note:
The customer cannot effect delivery extend or cancel the
contract after the maturity date and the procedure for
automatic cancellation on the 15th day from maturity date
should be adhered to in all cases of default by the customer.
ii. Swap cost, if any, shall be recovered from the customer under
advice to him.
V. Swap cost
b. Swap Gain
Payment of swap gain to the customer will normally be made at the
end of the swap period.
a. Interest at not below the prime lending rate of the respective bank
on outlay of funds by the bank for the purpose of arranging the
swap shall be recovered in addition to the swap cost in case of early
delivery of purchase or sale contracts and early realization of export
bills negotiated. The amounts of funds outlayed shall be arrived at
by taking the difference between the original contract rate and the
rate at which the swap could be arranged.
I. Exports
Type of Transaction
2. Collection Bills
i. Equivalent of uptoRs.50,000
3. Certificates
Issuance of certificated/ attestations in
respect of export transactions.
b. Advising amendment
c. Confirmation charges
i. Commitment charges
Note:
Where the amount of a L/C exceeds Rs.8 crores (or in equivalent foreign currency) b
recover charges at their discretion subject to minimum charge recoverable on Rs.8 c
II. Imports
Types of Transaction
1.
a. Commitment charge
b. Usance charge
On the first Rs.8 crores
On the balance
2. Amendments to L/C
a. Commitment charge
on the maximum amount of drawings
permitted at any one time during the period
from date of establishment of L/C to the last
date of validity.
(2) On each amount reinstated from the date
of reinstatement to the date of subsequent
reinstatement or the last date of validity of
L/C. (Minimum charge for reinstatement
Rs. 100/-).
b. Usance charge
(2) 0.30% for the bills over 10 days sight
and upto 3 months sight.
(3) 0.30% for the first 3 months plus
0.0750% for each month in excess of 3
months for bills over 3 months’ sight.
Note:
If the Deferred Payment Guarantee is backed by a counter guarantee of the Government of India the
be at 0.0625% instead of 0.40% per quarter.
5. Amendments
c.
4. Local Payments
Local payments out of proceeds of import
bill such as payments in connection with
barter business or payments to cases of
need etc.
2. Clean Payments
a. Effected under instructions from foreign
correspondents.
3. Certificates
b. Rupee remittances
0.25%
i. Upto s. 10,000/- 0.125%
III. Merchanting Trade- (If foreign currency remittances are received in advance by the export
from the overseas buyer and the funds are held in nostro account at the specific request of
the exporter)
Commission
For booking sale and purchase contracts Minimum Rs. 250/- per con
For each request for early delivery, extension or cancellation. Minimum Rs. 100/- + swap
VI. Guarantees
2.
II. Out of pocket expenses such as telex/ cable/ correspondent bank’s charges.
Actuals will be recovered
III. Stamp Duty Will be recovered at the rates prescribed by Government from time to
time.
Note 1:
In addition to the above schedule of charges, interest wherever applicable is payable as
mentioned in the various Rules.
Note 2:
the charges included in the above schedule of charges shall be collected irrespective of whether a
margin is obtained or not and shall not refunded or remitted in any event except a genuine
mistake in collecting them on the part of the bank, or specially permitted in the Rule itself.
All charges are recoverable upfront unless specifically provided for in the Rule.
[AR 1/89 dated 30.6.89] [ECS. 690/86 (Spl.)-88/89 dated 4.4.89] Type of
Business Rate of brokerage (payable both by selling and buying banks) (I)
Spot & outright forward business against the Rupee: All Currencies 0.007%
i.e. 7 paise per Rs. 1000/- (II) Swap transactions in foreign curr- encies
against the Rupee: i. ‘Short’ swaps i.e. where the delivery of the farther leg
is due within the sport date: Rs. 500/- per US Dollar one million or
equivalent for each leg of the transaction. ii. ‘Long’ swaps (i.e. other than
‘Short’ swaps): All Currencies 0.0105% i.e. 10.50 paise per Rs. 1000/- (III)
Switches (i.e. sales of foreign currencies against foreign currencies spot or
outright forward). Rs. 650/- per US Dollar one million or equivalent. (IV)
Swaps in foreign currencies against foreign currencies (irrespective of
period). Rs. 250/- per US Dollar one million or equivalent.
In view of the importance of this Rule to toning up accounting accuracy and ‘nostro’
reconciliation systems in banks, Reserve Bank of India have, whilst giving approval to the
amended version of FEDAI Rule 5 made the following observations:-
1. Dealing in the interbank market is generally for large value items and it is in the
interest of the banking system that claims are made promptly, if funds are not
received in time, and settlements effected. International banking situation is
presently not in good shape and every care must be taken by member banks to
keep their monitoring system for execution of contracts and for watching receipts
of countervalue funds in top gear. It is therefore absolutely necessary for banks to
reconcile all dealing items and other large value items within a period of 24/48
hours by demanding cable/ telex confirmation regarding receipt of expected
credits in ‘nostro’ accounts from the correspondents maintaining those accounts
but in any event not later than a maximum period of 15 days. In this context you
would observe from amendment proposed to Rule 5(III) (D) that FEDAI itself has
recognized 5 calendar days as adequate period for identifying and settling
interest claims. Banks should not lose sight of the credit risk aspects emphasized
in para 3.1.3 of the Confidential booklet “Guidelines for Internal Control over
Foreign Exchange Business”. The requisite monitoring system therefore applies for
not only dealings with overseas banks but also to banks in India whose
correspondent banking arrangements are varied.
2. As regards Rule 5(III) (B) & (C) it is very necessary that discrepant/ default items
should be quickly identified and effectively settled between member banks within
a reasonable time. This is considered necessary also for toning up the
reconciliation system in member banks. Notices of non-receipt of funds in the
‘nostro’ account must be followed up by cable or telex with their correspondents.
Banks should not wait for receipt of statements of ‘nostro’ accounts for
reconciliation of such items because in that event corrective action will take a
much longer time. Reconciliation may be treated as a final cross check and not a
primary investigation step.
5. As regards Rule 5 (VI) the emphasis shall be that bank is should make proper
enquiries into their books before meeting interest claims thereby resulting in the
toning up of general efficiency in banks.
I. GENERAL
c. In case claims are not settled within 2 months from the date of lodgement
of claim, the matter shall be referred to the FEDAI for a final decision
which shall be binding upon the banks concerned.
II. TIMINGS
c. Known holiday
If at the time of conclusion of a forward contract, the fixed date of delivery
or the last date of option is a Saturday or a known holiday either at the
centre in India where the Rupee funds are to be settled or at the centre
where the foreign exchange funds are to be delivered, the contract shall
be deliverable on the day immediately preceding the Saturday or the
holiday provided that day is open for business at both the centers.
III. Settlement of interest claims on the delayed delivery of Foreign Currency Funds
b. In the event of late delivery in London, interest for all overdue period is to
be paid by the seller-bank in India at 2 % over the “Barclays Bank’s Base
Rate” ruling on the day the remittance should have been received in
London in the buyer-bank’s ‘nastro’ account provided the buyer-bank
lodges the interest claim within 30 days from the day on which the amount
should have been received at the overseas centre.
In case the buyer-bank lodges the claims after expiry of the said period of
30 days, interest at the applicable rate shall be paid for a maximum period
whichever is less.
c. In the event of late delivery at centers other than London, shall be paid in
India at TWO PERCENT over the PRIME RATE of the banks specified below
at the respective centers, ruling on the day the delivery should have been
made PROVIDED the buyer-bank lodges the claim for interest within 30
days from the day the delivery should have been received abroad:-
Countries Specified Banks
U.S.A. Citibank N.A.
France Credit Lyonnais
Canada Bank of Montreal
Federal Republic
Of Germany Deutsche Bank
Japan Bank of Tokyo
Belgium Societe General de Banque
Banque
Holland Amsterdam Rotterdam
Bank Switzerland Swiss Bank Corporation
In case of transactions in currencies of countries not mentioned above, the
seller-bank shall pay interest at 2% over the notional overdraft rate
payable to the buyer-bank.
In case the buyer-bank lodges the claim for interest after expiry of the
aforesaid period of 30 days, interest at the applicable rate should be paid
for a maximum period of 60 days only or the actual overdue period,
whichever is less.
d. Option of acceptance of back valued credits by buyer-bank in the event of
late payment.
In case where the seller-bank has delayed payment and is willing to rectify
the situation by offering to deliver funds on a value dated basis, the buyer
bank shall have option to accept such funds on a value dated basis
provided that such funds are delivered within 5 calendar days from
maturity of the contract. The buyer bank shall have no right to claim
interest in India in terms of (B) and (C) if it accepts back valued credits.
For funds which are delivered to the buyer-bank beyond 5 calendar days
from maturity of the contract, the buyer-bank can still exercise its option to
accept either-
a. Value dated funds
OR
b. i. Claim interest as per (B) and (C) above
ii. Claim interest in India, at 2% over the ceiling rate of interest in the inter-
bank money market as directed by I.B.A., on the Rupee equivalent of the
foreign currency amount at the Exchange Rate stated in the contract,
whichever is higher.
The seller-bank in such a case shall be liable to pay interest for the full period of
delay. In case the foreign currency funds are delivered after a delay of 45 days,
from date of demand, the seller-bank shall also become subject to the provisions
of Clause I.B. as above.
Interest shall be paid for the period from the date the Rupee funds should have
been paid by the buyer-bank to the date the amount was actually paid,
PROVIDED the seller-bank lodges the relative interest claim with the buyer-bank
within 15 days from the date the Rupee amount should have been paid to the
seller-bank. In case the seller-bank fails to lodge the claim within the said period
of 15 days, the seller-bank shall be entitled to receive interest for the maximum
period of 30 days only notwithstanding the fact that the actual delay period might
have been much higher than the said 30 days.
When a bank is served with the notice of interest claim, it must settle the claim
within 21 days of receipt thereof by making proper enquiry into its books and
investigating its records.
Payments of interest claim cannot be withheld for more than 21 days on the plea
that enquiries are being made in the matter of the interest claim.
VII. The principle of set-off in respect of the settlement of inter-bank foreign currency
transactions.
Note:
The following sections of the Rule as approved by the Reserve Bank of India require further
clarifications. Until it is received by FEDAI and circulated among member banks those sections are
held in abeyance:-
Rule 5(III) (D) – Option being permitted in case the delay in delivery of foreign currency funds is
within 5 days from the date of maturity of the contract.
Abolition of sterling Rates Schedule, Delinking of Interest Element from Exchange Rates and
Accounting Procedures for Import and Export Transactions (AR Circular No. 3/86 dated 7th June 1986)
1. Introduction
Few examples have been worked out and given in Annexures IV and V to the
Guidelines not included) in order to assist members banks to train their staff in
adopting the new system of exchange rate quotations that will come into
operation with effect from 1st January 1984. The examples given are not
necessarily exhaustive. Member banks are, therefore, requested to conduct trial
exercises themselves in order to prepare their internal procedures for
implementation of the new system.
ii. Segregation of interest element from exchange rates for bill purchase
transactions and calculation of interest on export bills,etc.
iii. Accounting procedures for import and export bill transactions including
delinking of the relative foreign currency amounts from currency positions.
PART I
Name of Maximum spreads between customer rates for ready Clean TT business from the mean TT
currency together) Current Revised
Other currencies No limit for No limit the present, for The but Ads present, shall keep but Ads the rate shall k
the spreads minimum, to the
3. Authorised Dealers will, however, be free to quote rates to customers which are better than
those warranted by the spread limits.
2.2 Exchange margins have been made flexible and Authorised Dealers may offer rates to
customers depending upon the business, etc. The following exchange margins on the base
rates have been prescribed :-
4.
Transaction Exchange Margin
1. TT purchase 0.025% to 0.080%
2. Bills purchase 0.125% to 0.150%
3. TT sale 0.125% to 0.150%
4. Bills sale over the 0.175% to 0.200%
Merchant TT rate
5. For calculation of merchant rates Authorised Dealers shall apply the following
procedure :
PURCHASE
3.5 “The Merchant Purchase Rates so arrived shall not be worse than those
derived from the RBI buying rates in respect of currencies in which the RBI
provides spot and forward cover.”
6. SALE
4.3 Spot Merchant Sale Rates for TT and Bill Transactions shall not be worse for
the customer than those derived from RBI’s Spot Selling Rate for Pound Sterling
as the basis.
PART II
7. Delinking of Interest Element from the Exchange Rates for Bill Purchase
Transations
5.1 To fall in line with the international practice, Authorised Dealers shall effective
from 1st January, 1984, quote rates for export bills on the basis of on-going
market rates . The exchange margins are to be loaded in the rate, quoted to the
customer. Interest for the entire notional transit period, usance, grace period
(where applicable) shall be recovered simultaneously at the time of purchasing,
discounting or negotiating the bill by applying the appropriate interest factor on
the Rupee amount of the bill.
The procedure to be followed shall be as under :-
Note :
In case of payment to a party, not being a customer of the payee bank,
only the net amount shall be payable. Full details of the interest and other
deductions shall be
Advised.
2. General
6.1 The spreads between Spot T.T. Sale and Spot T.T. Purchase rates for all
currencies shall be in compliance with RBI directives issued from time to time.
6.2 Rounding off the rates will be as per FEDAI Rule 4 (III) (d) vide Annexure III.
(Since amended as per our Circular AR No.1/88 dated 21st November 1988).
6.5 All Authorised Dealers shall correctly apply the forward/usance margins and
exchange margins before quoting merchant rates,etc.
6.6 In case of forward contracts for export bills, the contract rate shall be worked
out without loading interest factor and interest for the period
(transit,usance,grace)shall be recovered at the time of
negotiation/purchase/discount. The recovery of interest at the time of
purchase/discount/negotiation shall not be lost sight of.
3. Accounting Procedures for Import and Export Bill Transactions
7.1 To bring uniformity in the handling of import bills under letters of credit and
export bills purchased/negotiated/discounted, Authorised Dealers shall follow the
procedure given below:-
7.3 The Authorised Dealers shall keep a proper changes in their L/C agreement/
applications to give effect to the above.
7.4 In case the 10th day is a holiday or a Saturday, the importer’s liability in
Rupees shall crystallise on the next following working day.
7.5 Authorised Dealers shall carry swap costs upto the 10th day on their own
account and shall not recover such costs from the customer.
7.6 Authorised Dealers shall charge interest at the rate as prescribed by RBI for
advances to non-priority sectors from time to time one Rupee advances made
against the import bills pending retirement by the customer. Such interest shall be
recovered from the date of negotiation to the date of crystallization of the Rupee
liability and thereafter penal interest shall be recovered. (Applicable rates of
interest amended as per our Circular Misc No. 11/90 dated 21st May 1990).
7.7 If the date when the Rupee liability on an import bill is crystallized at the
Forward Exchange Contract Rate results in early/late delivery under a Forward
Exchange Contract, the charges as per FEDAI Rule 9 (Refer to revised Rule 8) shall
be levied.
7.9 All import bills under Letters of Credit shall be reported as ‘SALES’ when the
Rupee liability is crystallized.
4. Export Bills Purchased/Negotiated/Discounted
8.2 For bills remaining unpaid for a period of 30 days after the transit period in
case of demand bills and the due date in case of usance bills, the foreign currency
amount shall be reversed from the “export bills purchased portfolio” on the 30th
day by the Authorised Dealer. In case 30th day happens to be holiday, or
Saturday, it shall be reversed on the next following working day. The rate
applicable to such reversal shall be the ready TT selling rate of exchange on that
day and shall be reported as ‘Notional Sale’ of foreign currency. The Rupee
equivalent of the foreign currency thus reversed, shall be held in the advances
portfolio of the bank under the head “Advances against overdue export bills
realizable account”.
The unpaid bill shall be treated as outstanding under the sanctioned limit of the
customer in a separate folio with the exchange risk open against the customer.
Interest for the overdue period shall be recovered at the appropriate rate upto
the date of realization of the bill. Appropriate rate of interest shall mean the
maximum rate of interest permissible by Reserve Bank of India for overdue export
bills or (Since amended as per our Circular Misc. No. 11/90 dated 21st May 1990)
the penal rate if the bill amount was recovered in Rupees from the customer due
to dishonour thereof by the drawee.
8.3 As and when the bill is realized and advice of realization either by cable or by
mail is received, the Authorised Dealers shall apply the TT buying rate on that day
and adjust the advances created in their books against the bill as explained above.
Any shortfall/excess shall be recovered from/paid to the customer. Authorised
Dealers shall report the ‘PURCHASE’ of foreign currency.
8.4 Authorised Dealers shall not charge or pay any swap cost for the period of 30
days i.e. the period between the relevant due date and the transfer of the item to
advance portfolio as explained in 8.2 above.
8.6 For the purpose of reporting the reversals of bills purchased earlier
(paragraph 8.2) in the relative R-Returns, Authorised Dealers may be guided by
the instructions issued by the Reserve Bank of India from time to time.
FEDAI Rules-14, Clarification
Explanatory Notes Certain
Other Important Information.
Preamble
(Rule 1) Hours of Business
Rule 2 Export Transactions
Rule 3 Imports Sharing of Commission
Rule 5 Clean Instruments
Rule 6 Guarantees
Rule 8 Forward Contracts
Rule 17 (old)
Preamble Chapter 14
Preamble :
While effort has been made in this Chapter to incorporate the clarifications/amplifications relating to
the FEDAI Rules, as much as possible, member banks would be advised to make a reference to the
circulars issued by the Association earlier and from time to time in regard to various types of foreign
exchange transactions and be guided by the instructions contained therein.
(Rule 1)
Hours of Business
In terms of paragraph 8.2 of Reserve Bank of India Guidelines for internal Control over Foreign
Exchange Business appended below authorized on behalf of the bank during extended hours subject
to the condition that the management in each bank lay down the working hours of the dealers.
“The dealing hours will be ordinarily the recognized working hours of the banks at the respective
centers. But the conditions of the exchange markets and time zone differences may require the dealers
to work longer hours. In such an event, dealers would also undertake operations of purchase, sale etc.
of foreign currencies on behalf of the bank during extended hours. It is essential that the Management
in each bank should lay down the working hours of the dealers.”
In the circumstances it is our considered view that FEDAI Rule 1 should be read in conjuction with the
provision of paragraph 8.2 referred to above.
(Refer our Special Circular no: 2314/Dlg.Hrs/SPL-73/95 dated 22nd June 1995)
Rule 2 Export Transactions
a. Letter of credit restricted to a particular bank but forward contract for the relative
export fixed through another bank
The bank with whom the contract is fixed shall pay this charge of the negotiating
bank and shall recover from the exporters to the extent of 0.20% and absorb the
balance of 0.15% of the said charges. (AR Circular No. 4/86 dated 26th August
1986).
b. Export letters of credit
ii. The Uniform Customers and Practice for Documentary Credits in force will
not apply to:
ii. The advising banks should not on their own restrict negotiations to their
counters merely because the credit has been advised through them.
Bank which has negotiated letters of credit documents received from another
bank outside the centre of negotiation under restricted letters of credit and
transferred the proceeds to that bank is entitled to charge commission applicable
to inland remittances.
(Circular Letter No.48/90 dated 20th December 1990).
e. Bills of Lading
Banks will not accept bills of lading made out “received for shipment” or
containing any other similar objectionable clause, unless such a clause is
permitted in a letter of credit or similar authority under which the purchasing
bank is protected. Also banks will accept only those bills of lading the signature
on which has been manually inscribed. Short form bills of lading as defined in
Article 23(v) in Uniform Customs and Practice for Documentary Credits ICC
Brochure 500 should be acceptable under letter of credit.
f. Insurance
Unless otherwise stipulated in the credit, or unless it appears from the insurance
document(s) that the cover is effective at the latest from the date of loading on
board or dispatch or taking in charge of the goods, banks will refuse insurance
documents presented which bear a date later than the date of loading on board
or dispatch or taking in charge of the goods as indicated by the transport
document(s). {Article 34(e) of UCP 500}
g. Clean TTs
ii. Clean TT rate shall be conceded for the purchase of the proceeds of bills
sent for collection or of goods sent on consignment basis provided
payment is made in India only after the foreign currency amounts are
credited to the nostro account of the bank concerned.
The FOB value should be arrived at from the rupee equivalent of the foreign
currency amount actually credited to the exporter’s account at the time
negotiation of bills or upon realization of bills sent for collection.
Member banks should take into account 100% of the FOB value of the relative
bill/invoice including the rupee equivalent of the portion of the foreign currency
amount to be kept in EEFC account irrespective of whether the customer was
granted 100% advance or not. The applicable rate for the purpose of conversion
in this case would be the market rate applied for the relative bill. (Circular letter
No: 19/92 dated 1.6.92, Circular letter no: 29/92 dated 15.7.92)
It is clarified that the customer’s liability to the bank after crystallization would be
either the rupee equivalent of the bill negotiated or the rupee equivalent of the
bill crystallized, whichever is higher. (Mg.Com. 6/96 dated 30.03.96)
In case where more than one Authorised Dealer participate in the issue of a letter
of credit commission shall be shared in proportion to the risk assumed by each
Authorised Dealers. (AR Circular No. 5/87 dated 11th November 1987)
Where the bank issuing the letter of credit is not a member of the consortium the
consortium banks will be treated as a single unit vis-à-vis the issuing bank for the
above purpose. (Special Circular No. 410/RULE-SPL-12/89 dated 2nd March
1989).
d. Insurance
Unless otherwise stipulated in the credit, or unless it appears from the insurance
document(s)that the cover is effective at the latest from the date of loading on
board or dispatch or taking in charge of the goods, banks will refuse insurance
documents presented which bear a date later than the date of loading on board
or dispatch or taking in charge of the goods as indicated by the transport
document L(s). (Article 34(e) of UCP 500)
e. Bank Guarantee covering import of goods into India under various AID loans
b. Where the guarantee does not result in a letter of credit and import bills
are received by guarantor bank on collection basis.
iii. For that part of the guarantee which is in excess of the bill amount
the usual guarantee commission for the full period of the guarantee
should be recovered. (Circular letter No.40/90 dated 27th
November 1990).
f. Booking of forward sale contract in respect of import bills drawn under letter of
credit opened by another bank
Where an importer has arranged for fixation of a forward contract with a bank
other than the one through whom the letter of credit has been opened, the
customer would be liable to pay L/C opening bank 0.25% commission in lieu of
exchange in addition to swap cost and proceeds in the bank’s nostro account.
(Managing Committee Circular No.27/87 dated 8th December 1987).
g. Recovery of commission on import bills under L/C payments of which are settled
out of foreign currency loans arranged abroad
Banks are entitled to collect 0.15% commission as per FEDAI Rules and 0.25%
commission in lieu of exchange in respect of letters of credit opened by
Authorised Dealers, payments of which are settled out of foreign currency loans
arranged abroad. In case of bills not covered L/Cs appropriate bill commission
should be recovered together with 0.25% commission in lieu of exchange
(Managing Committee Circular No. 13/89 dated 9th September 1989.)
Collecting bank is the bank which receives a bill from abroad and the bank
through whom the receiving bank is instructed to present it.
In respect of foreign currency collection bills the collecting bank shall be entitled
to exchange and commission.
a. If for any reason the collecting bank is required to present the bill through
another bank, the former (the collecting bank) shall be entitled to
commission and the latter (the presenting bank) shall the payment in the
currency of the draft/bill. Where the presenting bank is unable to effect a
remittance in the currency of the draft/bill, the presenting bank shall
arrange to obtain a demand draft/effect remittance in the foreign currency
of the draft/bill.
a. Payment of a foreign currency draft by the drawee bank by issuing their own draft
In the same currency in favour of the beneficiary bank of the former draft with
whom the relative foreign currency amount is to be deposited in a FCNR account.
The drawee bank of a foreign currency draft shall pay such draft at the request of
the beneficiary bank in case the draft is received for depositing the foreign
currency amount with the beneficiary bank in a FCNR account, by issuing their
own draft in the same currency in favour of the said beneficiary bank and may
levy a service charge for the issue of their own draft at the rate of 0.10% with a
minimum of Rs.50/- and a minimum of Rs.10/-. The said drawee bank may also
collect any ouit-of-p0ocket expenses incurred by them for issuing their own draft.
The said beneficiary bank shall absorb this charge of the said drawee bank and
shall not recover it to the debit of the relative FCNR account. (AR Circular No.5/76
dated 15th April 1976).
b. Payment of foreign inward remittances All foreign currency inward remittance
upto an equivalent of Rs. 100,000/- shall be immediately converted into Indian
Rupee. Remittance in excess of equivalent of Rs.100.000/- shall be executed in
foreign currency and the beneficiary has the option of presenting the relative
instrument for payment to the executing bank within the maximum period
prescribed under the Exchange Control Regulations. In this connection, we further
clarify as under.
On clean Rupee remittances (not being proceeds of import bill) which are covered
by crediting non-resident bank accounts maintained in India, commission shall be
charged by the bank originating payment instruction to the foreign bank. The
bank with whom the relative non-resident account is maintained shall not be
entitled to any commission but shall receive from the originating bank out-of-
pocket expenses and telegram or postage charges actually incurred in advising
the receipt of cover to the non-resident bank.
Member banks are not permitted to share the commission on sale of travellers
cheques with travel agents/others. (Circular Letter No.28/88 dated 5th October
1988).
Calculation of exchange rate for foreign currency travelers cheques and charging
of commission (effective from 1st April 1991) T.C.Buying Rate T.C.Selling Rate
i. Take Reserve Bank one month i. Take the clean TT Selling rate forward
buying rate for the in accordance with the guidelines foreign currency as
the base rate. prescribed by FEDAI
ii. If the foreign currency is one ii Convert the clean TT selling rate which is
not purchased by in Rupees equal to one unit of Reserve Bank the base
rate foreign currency to get the base should be the on-going first rate (in
the case of Jap. Yen and month forward buying rate quoted Italian Lira, the
unit of foreign currency in the exchange market in India will be 100) or
abroad.
iii. Convert the base rate in Rupees iii Add a margin of 0.5% equal to one unit
of foreign (at the option of the Authorised currency (in the case of
Japanese Dealer). Yen and Italian Lira,the unit of foreign currency will be
100).
iv. Deduct an all-inclusive margin iv. A commission not exceeding not
exceeding 1% from the 1% may be charged (at the option above rate to
arrive at the amount of the Authorised Dealer) on the in Rupees to be paid
for every unit Rupee equivalent of value of of foreign currency. the foreign
currency travelers cheques sold at the above rate.
The result rates may be rounded off to the nearest 5 paise on the buying
as well as selling (Special Circular No. 50/FCTC/SPL-8/91 dated 14th March
1991.)
Rule 6 Guarantees
a. Where guarantees are issued on behalf of Central and State Governments and
Corporations or Companies wholly owned by them the scale of charges
prescribed may be levied on a reduced scale at the discretion of the banks. This
discretion is not applicable for deferred payment guarantees. (Circular Letter No:
1/93 dated 5.1.93)
b. Banks should, in their own interest, continue their efforts to obtain an early return
of cancelled guarantees. They should also ensure that all guarantees include a
specific clause stating the exact period within which claims must be made under a
guarantee after its validity has expired.
Where the bank issuing the guarantee is not a member of the consortium the
consortium banks will be treated as a single unit vis-à-vis the issuing bank, for the
above purpose. (Special Circular No.410/Rule-15SPL-12/89 dated 2nd March
1989). F. Advance Payment/Performance Guarantee/Bid Bonds for Projects in
India in respect of which Global Tenders are invited.
When contracts are extended both during their currency or within a period of 7
days from the date of their maturity interest at 15% per annum on outlay of funds
by the bank for the purpose of arranging the swap shall be recovered in addition
to the exchange difference if any. (Circular Letter No.70/85 dated 6th November
1985).
Seven days time has been allowed as lead time for pipeline transactions from
designated branches to reach position maintaining office and to enable inter-
branch accounting adjustments. This is not meant for customers who must give
instructions regarding utilization or otherwise of the contract on or before
maturity date. (SPL 15/94 dated 6.4.94)
Rule 17 (old)
Deferred Payment Guarantees covering import of ships. This Rule has since been withdrawn. Rule 6
would apply for DPGs in connection with import of ships.(AR No.3/96 dated 30.3.96)
Government of India
Department of Commerce
Earlier there were 5 different schemes (Focus Product Scheme, Market Linked Focus
Product Scheme, Focus Market Scheme, Agri. Infrastructure Incentive Scrip, VKGUY) for
rewarding merchandise exports with different kinds of duty scrips with varying conditions
(sector specific or actual user only) attached to their use. Now all these schemes have
been merged into a single scheme, namely Merchandise Export from India Scheme
(MEIS) and there would be no conditionality attached to the scrips issued under the
scheme. The main features of MEIS, including details of various groups of products
supported under MEIS and the country groupings are at Annexure-1.
Rewards for export of notified goods to notified markets under ‘Merchandise Exports
from India Scheme (MEIS) shall be payable as percentage of realized FOB value (in free
foreign exchange). The debits towards basic customs duty in the transferable reward duty
credit scrips would also be allowed adjustment as duty drawback. At present, only the
additional duty of customs / excise duty / service tax is allowed adjustment as CENVAT
credit or drawback, as per Department of Revenue rules.
Served From India Scheme (SFIS) has been replaced with Service Exports from India
Scheme (SEIS). SEIS shall apply to ‘Service Providers located in India’ instead of ‘Indian
Service Providers’. Thus SEIS provides for rewards to all Service providers of notified
services, who are providing services from India, regardless of the constitution or profile
of the service provider. The list of services and the rates of rewards under SEIS are at
Annexure-2.
The rate of reward under SEIS would be based on net foreign exchange earned. The
reward issued as duty credit scrip, would no longer be with actual user condition and will
no longer be restricted to usage for specified types of goods but be freely transferable
and usable for all types of goods and service taxdebits on procurement of services /
goods. Debits would be eligible for CENVAT credit or drawback.
4. Duty credit scrips to be freely transferable and usable for payment of custom duty,
excise duty and service tax.
All scrips issued under MEIS and SEIS and the goods imported against these scrips would
be fully transferable.
Scrips issued under Exports from India Schemes can be used for the following:-
(i) Payment of customs duty for import of inputs / goods including capital goods, except
items listed in Appendix 3A.
(ii) Payment of excise duty on domestic procurement of inputs or goods, including capital
goods as per DoR notification.
Basic Customs Duty paid in cash or through debit under Duty Credit Scrip can be taken
back as Duty Drawback as per DoR Rules, if inputs so imported are used for exports.
5. Status Holders
Business leaders who have excelled in international trade and have successfully
contributed to country’s foreign trade are proposed to be recognized as Status Holders
and given special treatment and privileges to facilitate their trade transactions, in order
to reduce their transaction costs and time.
The nomenclature of Export House, Star Export House, Trading House, Star Trading
House, Premier Trading House certificate has been changed to One, Two, Three, Four,
Five Star Export House.
The criteria for export performance for recognition of status holder have been changed
from Rupees to US dollar earnings. The new criteria is as under:-
Manufacturers who are also Status Holders will be enabled to self-certify their
manufactured goods as originating from India with a view to qualify for preferential
treatment under different Preferential Trading Agreements [PTAs], Free Trade
Agreements [FTAs], Comprehensive Economic Cooperation Agreements [CECAs] and
Comprehensive Economic Partnerships Agreements [CEPAs] which are in operation. They
shall be permitted to self-certify the goods as manufactured as per their Industrial
Entrepreneur Memorandum (IEM) / Industrial Licence (IL)/ Letter of Intent (LOI).
6. Reduced Export Obligation (EO) for domestic procurement under EPCG scheme:
Specific Export Obligation under EPCG scheme, in case capital goods are procured from
indigenous manufacturers, which is currently 90% of the normal export obligation (6
times at the duty saved amount) has been reduced to 75%, in order to promote domestic
capital goods manufacturing industry.
7. Higher level of rewards under MEIS for export items with high domestic content and
value addition.
It is proposed to give higher level of rewards to products with high domestic content and
value addition, as compared to products with high import content and less value
addition.
DGFT already provides facility of Online filing of various applications under FTP by the
exporters/importers. However, certain documents like Certificates issued by Chartered
Accountants/ Company Secretary / Cost Accountant etc. have to be filed in physical
forms only. In order to move further towards paperless processing of reward schemes, it
has been decided to develop an online procedure to upload digitally signed documents
by Chartered Accountant / Company Secretary / Cost Accountant. In the new system, it
will be possible to upload online documents like annexure attached to ANF 3B, ANF 3C
and ANF 3D, which are at present signed by these signatories and submitted physically.
(i) Any exporter may upload the scanned copy of Bill of Entry under his digital signature.
(ii) Status holders falling in the category of Three Star, Four Star or Five Star Export
House may upload scanned copies of documents.
At present, the EPCG Authorisation holders are required to maintain records for 3 years
after redemption of Authorisations. Now the EPCG Authorization Holders shall be
required to maintain records for a period of two years only. Government’s endeavour is
to gradually phase out this requirement as the relevant records such as Shipping Bills, e-
BRC are likely to be available in electronic mode which can be archived and retrieved
whenever required.
Online message exchange with CBDT and MCA: It has been decided to have on line
message exchange with CBDT for PAN data and with Ministry of Corporate Affairs for CIN
and DIN data. This integration would obviate the need for seeking information from IEC
holders for subsequent amendments/ updation of data in IEC data base.
Communication with Committees of DGFT: For faster and paperless communication with
various committees of DGFT, dedicated e-mail addresses have been provided to each
Norms Committee, Import Committee and Pre-Shipment Inspection Agency for faster
communication.
Online applications for refunds: Online filing of application for refund of TED is being
introduced for which a new ANF has been created.
Message exchange for transmission of export reward scrips from DGFT to Customs.
Message exchange for transmission of Bills of Entry (import details) from Customs to
DGFT.
Message exchange with Ministry of Corporate Affairs for CIN & DIN.
EOUs, EHTPs, STPs have been allowed to share infrastructural facilities among
themselves. This will enable units to utilize their infrastructural facilities in an optimum
way and avoid duplication of efforts and cost to create separate infrastructural facilities in
different units.
Inter unit transfer of goods and services have been allowed among EOUs, EHTPs, STPs,
and BTPs. This will facilitate group of those units which source inputs centrally in order to
obtain bulk discount. This will reduce cost of transportation, other logistic costs and
result in maintaining effective supply chain.
EOUs have been allowed facility to set up Warehouses near the port of export. This will
help in reducing lead time for delivery of goods and will also address the issue of un-
predictability of supply orders.
(d) STP units, EHTP units, software EOUs have been allowed the facility to use all duty
free equipment/goods for training purposes. This will help these units in developing skills
of their employees.
100% EOU units have been allowed facility of supply of spares/ components up to 2% of
the value of the manufactured articles to a buyer in domestic market for the purpose of
after sale services.
At present, in a period of 5 years EOU units have to achieve Positive Net Foreign
Exchange Earning (NEE) cumulatively. Because of adverse market condition or any
ground of genuine hardship, then such period of 5 years for NFE completion can be
extended by one year.
Time period for validity of Letter of Permission (LOP) for EOUs/EHTP/ STPI/BTP Units has
been revised for faster implementation and monitoring of projects. Now, LOP will have
an initial validity of 2 years to enable the unit to construct the plant and install the
machinery. Further extension can be granted by the Development Commissioner up to
one year. Extension beyond 3 years of the validity of LOP, can be granted, in case unit
has completed 2/3rd of activities, including the construction activities.
At present, EOUs/EHTP/STPI units are permitted to transfer capital goods to other EOUs,
EHTPs, STPs, SEZ units. Now a facility has been provided that if such transferred capital
goods are rejected by the recipient, then the same can be returned to the supplying unit,
without payment of duty.
A simplified procedure will be provided to fast track the de-bonding / exit of the STP/
EHTP units. This will save time for these units and help in reduction of transaction cost.
EOUs having physical export turnover of Rs.10 crore and above, have been allowed the
facility of fast track clearances of import and domestic procurement. They will be allowed
fast tract clearances of goods, for export production, on the basis of pre-authenticated
procurement certificate, issued by customs / central excise authorities. They will not have
to seek procurement permission for every import consignment.
(a) Validity of SCOMET export authorisation has been extended from the present 12
months to 24 months. It will help industry to plan their activity in an orderly manner and
obviate the need to seek revalidation or relaxation from DGFT.
Authorisation for repeat orders will be considered on automatic basis subject to certain
conditions.
Verification of End User Certificate (EUC) is being simplified if SCOMET item is being
exported under Defence Export Offset Policy.
A list of military stores requiring NOC of Department of Defence Production has been
notified by DGFT recently. A committee has been formed to create ITC (HS) codesfor
defence and security items for which industrial licenses are issued by DIPP.
Export of such goods under Courier Regulations shall be allowed manually on pilot basis
through Airports at Delhi, Mumbai and Chennai as per appropriate amendments in
regulations to be made by Department of Revenue. Department of Revenue shall fast
track the implementation of EDI mode at courier terminals.
Imports against Advance Authorization shall also be eligible for exemption from
Transitional Product Specific Safeguard Duty.
India has already extended duty free tariff preference to 33 Least Developed Countries
(LDCs) across the globe. This is being notified under FTP.
In an endeavour to resolve quality complaints and trade disputes, between exporters and
importers, a new chapter, namely, Chapter on Quality Complaints and Trade Disputes has
been incorporated in the Foreign Trade Policy.
Government has already recognized 33 towns as export excellence towns. It has been
decided to add Vishakhapatnam and Bhimavaram in Andhra Pradesh as towns of export
excellence (Product Category– Seafood)
Annexure-1
Now all these schemes have been merged into a single scheme, namely Merchandise
Export from India Scheme (MEIS) and there would be no conditionality attached to the
scrips issued under the scheme. Notified goods exported to notified markets would be
rewarded on realised FOB value of exports.
A. Country Groups:
Category B: Emerging & Focus Markets (139), Africa (55), Latin America and Mexico (45),
CIS countries (12), Turkey and West Asian countries (13), ASEAN countries (10), Japan,
South Korea, China, Taiwan,
Level of Support:
Higher rewards have been granted for the following category of products:
Eco-friendly and green products that create wealth out of waste from agricultural and
other waste products that generate additional income for the farmers, while improving
the environment.
Labour intensive Products with large employment potential and Products with large
number of producers and /or exporters.
Industrial Products from potential winning sectors.
C. Markets Supported
Industrial and other products supported in Traditional and/or Emerging markets only.
Support to 852 Tariff lines that fit in the product criteria but not provided support in the
earlier FTP. Includes lines from Fruits, Vegetables, Dairy products, Oils meals, Ayush &
Herbal Products, Paper, Paper Board Products.
Processed foods,
Marine Products
Handloom, Coir, Jute, products and Technical Textiles, Carpets Handmade. Other Textile
and Readymade garments have been supported for European Union, USA, Canada and
Japan.
Chemicals, Plastics
352 Defence related Product with export of US$ 17.7B consisting of Core Products (20),
Dual Use products (60) ,General Purpose products (272).
283 Pharmaceutical products of Bulk Drugs & Drug Intermediates, Drug Formulations
Biologicals, Herbal, Surgicals, and Vaccines.
H. Participation in global value chain of the items falling under the scheme:
1725 lines of Intermediate Goods - These goods become inputs in the manufacturingof
other countries and will strengthen backward manufacturing linkages which is vital for
India’s participation in Global Value Chains.
1109 lines of Capital Goods sector- will also strengthen Manufacturing Base in India.
1730 lines of Consumer Goods sector- We hope a quantum jump in export from this
sector with strengthening of Make in India Brand in near future.
(a) Women workers constitute 52% of plantation workers-203 lines of Tea Coffee, Spices,
Cashew.
(b) 69% of the aggregate female employment is concentrated in the following sectors:
(c) Sectors that have a significant proportion of female employment (more than 25%):
(i) Agricultural and animal husbandry service activities, except veterinary activities– 263
lines of basic Agriculture products.
Consumer Electronics and Electronic Components, watches and clocks -483 lines.
Annexure-2
Served from India Scheme (SFIS) has been replaced with Service Exports from India
Scheme (SEIS). SEIS shall apply to `Service Providers’ located in India’ instead of `Indian
Service Providers’. Thus SEIS provides for rewards to all Service providers of notified
services, who are providing services from India, regardless of the constitution or profile
of the service provider.
The rate of reward under SEIS would be based on net foreign exchange earned. The
reward issued as duty credit scrip, would no longer be with actual user condition and will
no longer be restricted to usage for specified types of goods but be freely transferable
and usable for all types of goods and service tax debits on procurement of
services/goods. Debits would be eligible for CENVAT credit or drawback.
The present rates of reward are 3% and 5%. The list of services and the rates of rewards
would be reviewed after 30.9.2015.
1 BUSINESS SERVICES
D Other business services Advertising services, Market research and public opinion
polling services Management consulting service, Services related to management
consulting, Technical testing and analysis services, Services incidental to agricultural,
hunting and forestry, Services incidental to fishing, Services incidental to mining, Services
incidental to manufacturing, Services incidental to energy distribution, Placement and
supply services of personnel, Investigation and security, Related scientific and technical
consulting services, Maintenance and repair of equipment (not including maritime
vessels, aircraft or other transport equipment), Building- cleaning services, Photographic
services, Packaging services, Printing, publishing and Convention services 3%
a. Hotel 3%
B. Air transport services Rental of aircraft with crew, Maintenance and repair of
aircraft, Airport Operations and ground handling 5%
Note:
(1) Under education services, SEIS shall not be available on Capitation fee.
(2) *Operations from India by Indian Flag Carriers only is allowed under Maritime
transport services.
Date Subject
04-07-2018 Economy poised to grow above 8% from next year: NITI Aayog VC
04-07-2018 GST starts paying off but fears of missing budget estimates stay
03-07-2018 Exports of cereals from India rises 34.36 per cent to USD 8.1 billion in
2017-18