International Trade Finance: NGUYEN T Thanh Phuong, CITF® Email: Phuong - Nguyen@ftu - Edu.vn
International Trade Finance: NGUYEN T Thanh Phuong, CITF® Email: Phuong - Nguyen@ftu - Edu.vn
International Trade Finance: NGUYEN T Thanh Phuong, CITF® Email: Phuong - Nguyen@ftu - Edu.vn
3
Assessment
Student’s Responsibilities:
• Attend class regularly
• Participate in discussions in class
• Group assignments
Assessment:
10%: attend class and mini test
30%: group assignment
60%: 1 hour written exam
INTERNATIONAL TRADE FINANCE
A risk that buyer will not pay for the goods is also known as:
a. Credit risk
b. Financial risk
c. Legal risk
d. Exchange risk
An unexpected movement in exchange rates on a transaction can
cause an unexpected:
a. P&L
b. Income or expenditure
c. Sales or cost
d. Asset or liability
Research market
When a business decides to enter into an overseas market, they can
conduct via research on the countries that they want trade. Many
sources of information that can be used for research:
• Government department (ex: UK trade and investment –UKTI;
International trade administration (ITA) of Department of commerce
in US
• Chambers of commerce: provide a range of services: training,
provide country report, lawyer...
• Trade mission (coordinated overseas visit buy a group of bz
individual representing their company to meet potential buyer or
seller) and exhibition /trade shows: expo to show the latest products
and services to potential buyer
• Banks
• Status enquires and credit control
• The internet and media
• Networking
Research market
• Banks: assistance with range of services as produce economic
reports on individual countries, giving information about
standard living, consumer expenditure, foreign currency
reserves....
+ obtain credit information and reports on both potential
customers and supplier
+ advise importer or exporters all aspects of making and
receiving payment from overseas, risk involved and the
mechanisms it can offer to minimise the risk
+ advise the details in various trade finance products that
may be available and advise how these work....
Research market
Status enquires and credit control
• Banks: can provide contain just a few line comment of
creditworthiness of customers...
• Credit reference agencies: can check in www.crediguru.com:
list of various credit reference agencies used in the world
• Credit rating agency: Fitch, Moody’s and Standard and Poor...
provide rating on credit standing of any large bz that raised
capital on international markets
• Credit insurer: provides of credit insurance will also provide
credit report
Method of entering an overseas market
19
A valid contract to come into effect, the following
conditions must have been met:
- There must be a firm offer and an acceptance of that
offer
- There must be an intention to create a contract
-there must be consideration − each party provides
something to the other
- there must be capacity to contract − for a limited
company that means that the nature of the business is
within the objectives set out in the company’s
memorandum and articles;
- consent must be freely given without duress or based
on false information;
- the purpose must be legal.
The Sales Contract covers:
• Contract parties • Transfer of
• Goods, services ownership
• Price, currency • Documentation
• Delivery time • Miscellaneuos
• Trade term (Incoterm) provisions
• Transport - insurance • Law, Jurisdiction
• Payment conditions • Attachments …
21
CONTRACT OF SALE
We need to specify above all:
• Identification of parties;
• Description of goods;
• Price of the goods (what is included?);
• Inspection of the goods – obligations and limitations;
• Quantity and quality variations in the products delivered
• Delivery periods, conditions (contract of carriage?!);
• Where exactly the goods will be delivered to the Buyer;
• Transfer of risk (Insurance?);
• Reservation of title and passing of property rights;
Contract of sale also should cover:
• Who will be responsible for export clearance and who for
import clearance and the cost (duty, VAT);
• Who will pay what in relation to the delivery of
the goods;
• How the payment is to be done by the Buyer;
• What documents must be surrended by the Seller;
• Seller´s warranties and buyer´s complains;
• Assignment of rights;
• Force majeure clause;
• Requirements re. amendments or modifications;
• Controlling language of the contract;
• Choice of law and dispute resolution mechanism.
INCOTERMS 2010 help a lot!:
Price of the goods (what is included?);
• Inspection of the goods – obligations and limitations;
• Delivery periods, conditions (contract of carriage?!);
• Where exactly the goods to be delivered to the Buyer;
• Transfer of risk (Insurance?);
• Who will be responsible for export clearance and who
for import clearance and the cost (duty, VAT);
• Who will pay what in relation to the delivery of
goods;
• What documents must be surrended by the Seller;
What Incoterms do:
27
INCOTERMS 2010 DAP
DAT
…international contract terms DDP
EXW
Importer
Exporter
CFR
CIF
CPT
Transportation Transportation
to Dock CIP to Buyer Import
Duty
FCA Dock of Dock of
FAS Exportation Importation
FOB Loading
Ocean Marine Unloading
onto
Freight Insurance Charges
Vessel
Price/Shipping Terms
Cost - Risk Equation
May only be used for sea or inland waterway transport
The seller delivers the goods on board the vessel
nominated by the buyer at the named port of shipment
or procure the goods so delivered.
The risk of loss of or damage to the goods passes when
the goods are on board the vessel and not on the
passage of the goods across ships reeling
This terms may not be appropriated where goods are
handed over to the carrier before they are on board the
vessel. As for example goods in containers, which are
typically delivered at a terminal. In such situations, the
FCA rule should be used.
The seller clears the goods for export, where applicable,
but not for import.
May only be used for sea or inland waterway transport
The seller deliver the goods on board the vessel or procures the goods
already so delivered. The risk of loss or damage to the goods passes when
the goods are on board the vessel.
This rule has two critical points. While seller must contract for and pay the
cost and freight necessary to bring the goods to the named port of
destination, the risk passes to the buyer at the port of shipment when the
seller hands over the goods to the carrier.
If the seller under its contract of carriage incurs unloading costs at the
specific point at the named port of destination, he is not entitled to recover
same from the buyer unless otherwise agreed
This terms may not be appropriated where goods are handed over to the
carrier before they are on board the vessel. As for e.g. goods in containers,
which are typically delivered at a terminal (CPT rule should be used).
The seller clears the goods for export, where applicable but not for import.
May only be used for sea or inland waterway transport
The seller deliver the goods on board the vessel or procures the goods already
so delivered. The risk of loss or damage to the goods passes when the goods
are on board the vessel.
The seller also contracts for insurance cover against the buyer´s risk of loss of
or damage to the goods during carriage on minimum cover only (ICC clause C).
This rule has two critical points. While seller must contract for and pay the
cost and freight necessary to bring the goods to the named port of
destination, the risk passes to the buyer at the port of shipment when the
seller hands over the goods to the carrier.
If the seller under its contract of carriage incurs unloading costs at the specific
point at the named port of destination, he is not entitled to recover same
from the buyer unless otherwise agreed
This terms may not be appropriate where goods are handed over to the
carrier before they are on board the vessel. As for example goods in
containers, which are typically delivered at a terminal. (CPT rule should be
used)
The seller clears the goods for export, where applicable but not for import.
Notes for Incoterms
What are Incoterms
– A contractual code made up of acronyms (words formed with first
letter of a term.)
Origin of Incoterms
– International Rules for interpretation of trade terms was first
published in 1936 by ICC
– Current versions is 2010 publication
Purpose of Incoterms
– To eliminate barriers caused by distance, language and local business
practices;
– To eliminate uncertainties and different interpretations of trade terms
– To reduce risks and time wasted, caused by misunderstanding,
disputes and litigation;
– To provide a universal vocabulary accepted by financial institutions;
– To facilitate international commercial exchange
Understanding the Incoterms
Buyers and sellers are encouraged to understand the Incoterms
in order to:
• Know the extent of their responsibilities;
• Know the fees that will be charged to them;
• Have control over the fee and transfer of risks;
• Be in an advantageous position in negotiations;
• Set the selling prices as equitable as possible;
• Demonstrate their competencies; and
• Reflect the best professional image to everyone with whom
they are dealing
Major of documents in International Trade
• Financial documents:
- Bill of exchange
- Check
- Promissory note
• Commercial documents:
o Invoice
o Insurance
o Bill of lading or other document evidencing
34transport of goods
Financial Documents/
Negotiable Instruments
MT
at sight Draft/Bill of
Exchange Promisory
note
Exporter Importer
Check
time draft/ BE
T/T
Bill of exchange
Terms of payments
Terms of payment
Questions
1. An importer wishes to have sufficient time to sell goods, before making payment,
whilst the exporter wishes to retain some control over the goods. Which method of
payment would be preferable to the importer?
A Documentary collection payable at sight.
B Documentary collection payable 60 days sight.
C Documentary credit payable 60 days from shipment.
D 50% payment in advance and the balance paid 60 days after shipment.
2. The least secure method of payment for an importer is:
A documentary collection.
B documentary credit.
C open account.
D payment in advance.
3. A major exporter is embarking on its first transaction with an unknown buyer. On
which terms is the exporter most likely to insist?
A Documentary collection.
B Documentary credit.
C Open account.
D Payment in advance.
Terms of payments
BANK NHNK
bank
EX IM
www.themegallery.com
PERFORMANCE GUARANTEE No:
• we understand that according to the conditions of the
Contract, a Performance Guarantee is required.
• At the request of the Supplier, we hereby irrevocably
undertake to pay you any sum(s) not exceeding
USD1,000,000.00 upon receipt by us of your first demand
in writing declaring the Supplier to be in default under the
Contract., without argument, or your needing to prove or
to show reasons for your demand or sum specified
therein.
• This guarantee is subject to Uniform Rules for Demand
Guarantees, ICC Publication No 758, ICC 2010
Open account
(3)
(2)
Seller Buyer
Contract
(1)
Open account - Characteristics
– Risk:
Exporter faces significant risk as the buyer could default on
payment obligation after shipment of the goods
– Pros:
+ enhance the competitiveness in the global market
+ Establish and maintain a successful trade relationship
– Cons:
+ Importer’s insolvency
+ Additional costs associated with risk mitigation measures
Risk for Exporter when Importer fails to pay
• In the event that the Buyer fails to pay the Seller any
payment by its due date or within the period set forth
in the Contract, the Buyer will pay interest to the
Seller on the amount of such delayed payment at the
rate (insert number) %.
• This interest rate that shall be applied is (insert
number %) for delay of payment
• The Buyer has to request the bank to issue L/G in
favor of the seller
Open account Terms in Competitive Markets
COLLECTION
INSTRUCTION
PAYMENT/
ACCEPTANCE
Benefits and Problems of Collection
* Benefits to the Exporter
(1) Collection provide better security than open account trading as
long as the credit status of the importer is confirmed positive
(2) Documentary collection can be used raise finance with the
following ways
- Export factoring
- Invoice discounting
- Overdraft or loan
...etc...
* Disadvantages to the Exporter
Exporter effectively loses control of the goods from that point
onwards and runs following risks: (i) buyer might refuse payment
saying goods not to satisfaction or (ii) cheat or (iii) become
insolvent
Benefits and Problems of Collection
* Benefits to the Importer
(1) In case of D/A: Importer is granted credit facility in accordance
with the tenor
(2) Collections are cheaper in term of bank charges than L/C
(3) In term of safety, Collections are better than payment in
advance.
(4) D/A is good chance for importer to boost his turnover and profit
if he honours all accepted bills at maturity
(5) Importer can arrange finance with several ways
- Overdraft or loan
- D/A
...etc...
Benefits and Problems of Collection
* Disadvantages to the Importer
(1) In case of D/A: Importer is granted credit facility in accordance
with the tenor
(2) Collections are cheaper in term of bank charges than L/C
(3) In term of safety, Collections are better than payment in
advance.
(4) D/A is good chance for importer to boost his turnover and profit
if he honours all accepted bills at maturity
(5) Importer can arrange finance with several ways
- Overdraft or loan
- D/A
...etc...
Documentary collection
• D/A Riskier than D/P
• Under DP, Seller keep control of goods until buyer pays. If buyer
refuse to pay, seller can
– take the buyer to court, or
– find another buyer in the importer’s country, or
– arrange for sales by auction
– ship back to sellers country.
• Under DA:
Buyer signs, promising to pay the bill at a fixed future date. Documents
released
Seller effectively loses control of the goods from that point onwards
and runs following risks: (i) buyer might refuse payment saying goods
not to satisfaction or (ii) cheat or (iii) become insolvent
Documentary collection
What if the Buyer Refuses the Documents?
Protest
Store
Find another buyer
Auction
Conclusion
A seller should only agree to payment under documentary
collection if:
•Seller does not have doubt on the buyer’s ability and
willingness to pay
•Buyer’s country is politically and economically stable;
•There is no foreign exchange restriction in the buyer’s country;
•The shipped goods are easily marketable or alternate buyers
can be easily found.
Questions
Documentary credit
Documentary credits – UCP 600
• Documentary Credit is a written undertaking of the Bank
towards Beneficiary issued on the instructions of the Applicant
to provide settlement as per terms and conditions of the DC
for specified time against presentation of the documents, which
strictly comply with DC terms and conditions.
• Article 2, UCP 600: “Credit means any arrangement, however
named or described, that is irrevocable and thereby constitutes
a definite undertaking of the issuing bank to honour a
complying presentation”.
– Honour means:
a. to pay at sight if the credit is available by sight payment.
b. to incur a deferred payment undertaking and pay at maturity if the
credit is available by deferred payment.
c. to accept a bill of exchange ("draft") drawn by the beneficiary and
pay at maturity if the credit is available by acceptance
Documentary credits -Characteristics
Applicant form
? Letter of
credit
Importer
Issuing Beneficiary
Bank
National law International custom practice (UCP)
Parties to the Credit
73
Advantages of Documentary Credit
Importer
Exporter
• Payment on compliance only
• Bank undertaking • Already control over the
(bank) delivery of goods or obtained
• Independent, irrevocable using L/C
• Better negotiation power
• Clear rules (UCP 600) (credit – deferred payment)
• Documentary character • Obtain import financing from
• Possibility of issuing bank
(pre) finance • enjoy better cash management
because he does not have to
• Discounting the bill under pay in advance
usance LC
74
Disadvantages of Documentary Credit
Exporter Importer
• Cost • Cost
• Make ensure that all • Credit facility
documents compliance with • Security provided to the Bank
the terms and conditions of LC • Risk of fraud, non-compliance
• be exposed the risk of under the contract of sale by
documents being rejected due the Exporter
to discrepancies • Once in irrevocable LC has
• If not confirmed by local been issued, it cannot be
banks, the risk of non-payment cancelled or amended without
will be happen in case of the consent of the seller or
issuing bank becomes others any claim
insolvent or other problems
associated with issuing bank... 75
Documentary Credit Process in Vietnam
5
8
6 7
8 Applicant Bank
5
6 7
Contrac
t
4
76
Risks related to parties in DC?
23 - 91
Working Capital Management
Operating and Cash Conversion Cycles
[ 23-14]
OC ADSI ACP
23 - 92
Cash Conversion Cycle (CCC)
23 - 93
Working Capital Management
Operating and Cash Conversion Cycles
[ 23-15]
CCC OC - ADSP
• The estimated time between when a firm pays cash for inventory
purchases and when it receives cash from sales.
23 - 94
Cash Conversion Cycle (CCC)
Operating and Cash Conversion Cycles
Management of the cash cycle can make an important difference in the amount
of financing required, assets employed to generate a given level of
sales...and therefore, can affect ROA and ROE.
23 - 95
Cash Flow Time Line
Operating and Cash Conversion Cycles
Inventory Cash
sold received
Inventory
purchased
23 - 96
Importance of Cash Flow
23 - 98
Short-term Credit
• short-term loans can be secured much more quickly than long-
term credit
• short-term credit is generally more flexible
– low flotation costs
– generally no prepayment penalties
– fewer restrictive covenants
• with an upward sloping yield curve - short-term credit is
normally less expensive than long-term debt
• short-term credit may be more risky than long-term debt:
– interest rate risk exposure
– renegotiation risk
23 - 99
Sources of Short-term Financing
• Accruals
– spontaneous source of financing
– no explicit cost to these sources
– examples:
• accrued wages
• accrued taxes
23 - 100
Sources of Short-term Financing
23 - 101
Approximate Cost of A/P
(This, of course, assumes that the company pays on the 30th day. The
costs will change if the firm pays later or earlier.)
23 - 102
Sources of Short-term Financing
• Bank Loans
– types:
• operating loans
• line of credit
• revolving credit agreement
– costs:
Effective ratesimple = interest/amount received = $800/$10,000 = 8%
23 - 103
Costs of Bank Loans
Discount Interest
Reduce the the amount of the loan available to the borrower and
effectively increase the cost of the loan.
23 - 105
Commercial Paper
• short-term unsecured promissory note issued
only by the most credit-worthy of corporate
issuers
• by-passes banks and allows the firm direct
access to the money market
• is a negotiable security that does not carry a
stated rate of interest, rather, it trades at a
discount from par value.
23 - 106
Banker’s Acceptances
• an alternative to commercial paper for smaller
firms that don’t have the credit-worthiness to
secure commercial paper financing.
• a money market instrument
• the bank “accepts” the promissory note by
stamping it “accepted”....the note therefore is
secured by the Bank’s promise to pay.
23 - 107
Pledging of A/R
• lender has claims against the receivables as
well as recourse to the borrower.
• the risk of default on the receivable stays with
the borrower.
• the buyer of the goods does not know that the
receivables have been pledged as collateral for
a loan.
23 - 108
Factoring (Selling) A/R
• legally binding agreement between the seller of the goods and the financial
institution.
• the factoring institution receives a credit approval slip...the institution does
a credit check...if approved, shipment is made and the buyer is instructed to
make payment directly to the factoring company.
• the factor - credit check - lends - bears risk - in the process of performing
these functions, the firm that sells its receivables to a factor, eliminates the
need for an accounts receivable department and receives a net amount of
cash immediately following the sale...these funds are advanced by the
factor.
• the factor is compensated for its services and protects its interests by
charging interest, charging a commission and maintaining a hold-
back(reserve) in the case of disputes between buyer and seller over
damaged goods, returns, etc.
• once this arrangement is in place - the financing is spontaneous.
23 - 109
Inventory Financing
• Blanket Liens - gives the lending institution a lien against all of the
borrower’s inventories.
• Trust Receipts - issued for specific items of inventory. The lending
institution sends someone to the borrower’s premises to periodically
check that the numbers are correctly listed.
• Warehouse Receipts - either an independent third party warehouses the
goods, or the goods are secured in a separate location on the borrower’s
property. Warehouse financing involves:
• public notification
• physical control of the inventory
• supervision by a custodian
- used to finance the seasonal buildup of inventory.
- ensures proper warehousing practices...and inventory control.
- because of the foregoing, inventory becomes more acceptable as
collateral.
23 - 110