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What is the Difference Between MAWB (Master Air Waybill) and HAWB (House Air Waybill)?

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What Does Master Air Waybill Mean in Export and Import Businesses?

Master air waybill (MAWB) is a transport document, which is used in air shipments, issued and signed by the air cargo carrier or its agent, generally on a pre-printed carrier’s air waybill format, evidences the terms and conditions of the carriage of goods over routes of the carrier(s).

Master waybills can also be identified as an airline air waybills, with pre-printed issuing carrier identification.

What Are the Main Features of a Master Air Waybill (MAWB)?

  • Master air waybill generally issued on a pre-printed air waybill form of an issuer carrier.
  • Master air waybill issued and signed by the carrier or an agent on behalf of the carrier.
  • A master air waybill (MAWB) is subject to IATA Rules and one of the the international air conventions (Warsaw Convention, Hague amendment, Montreal Convention, etc.)
  • Master air waybill is signed by the actual carrier and states the terms and conditions of the carriage, as a result consignee may have protection in case the goods are damaged or lost in transit.

Figure 1 : Master Air Waybill Sample

Figure 1 : Master Air Waybill Sample

What Does House Air Waybill Mean in Export and Import Businesses?

House air waybill (HAWB) is a transport document, which is used in air shipments, issued and signed by a freight forwarder, generally on a natural air waybill format, evidences the terms and conditions of the carriage of goods as specified by the freight forwarder.

Neutral air waybills, without pre-printed identification of the issuing carrier can be used to issuance of house air waybills.

What Are the Main Features of a House Air Waybill (HAWB)?

  • House air waybill generally issued on a natural air waybill format.
  • House air waybill issued and signed by a forwarder without indicating any signing authority either carrier or as agent of the carrier.
  • A house air waybill (HAWB) may or may not be subject to IATA Rules and one of the the international air conventions (Warsaw Convention, Hague amendment, Montreal Convention, etc.)
  • House air waybill is signed by the forwarder and states the terms and conditions of carriage for the forwarder company’s perspective. House air waybill does not contain actual carrier’s carriage contract, as a result shipper stated on the house air waybill is not the direct participant of the carriage contract indicated on the master air waybill.

Figure 2 : House Air Waybill Sample

Figure 2 : House Air Waybill Sample

Differences Between Master Air Waybill and House Air Waybill

Master Air WaybillHouse Air Waybill
Master Air Waybill:
Issued by the actual carrier, such as Korean Airlines, Emirates Airlines etc.
House Air Waybill:
Issued by the forwarder company, such as XYZ Forwarding Ltd, etc.
Master Air Waybill:
Signed either by the carrier or an agent of the carrier.
House Air Waybill:
Signed by the forwarding company without any agency indication of the carrier.
Master Air Waybill:
Issued on a pre-printed form of an actual carrier's air waybill.
House Air Waybill:
Issued on a naturel form of an air waybill.
Master Air Waybill:
Always subject to IATA Rules and one of the the international air conventions (Warsaw Convention, Hague amendment, Montreal Convention, etc.)
House Air Waybill:
May or may not be subject to IATA Rules and one of the the international air conventions (Warsaw Convention, Hague amendment, Montreal Convention, etc.)
Master Air Waybill:
States the terms and conditions of the carriage, as a result consignee may have protection in case the goods are damaged or lost in transit.
House Air Waybill:
States the terms and conditions of the forwarding company, as a result consignee will not be having a legal protection in case the goods are damaged or lost in transit.
Master Air Waybill:
States only MAWB number.
House Air Waybill:
States both MAWB and HAWB number.

How Does a Negotiable Letter of Credit Work?

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What Does Negotiation Mean?

Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank.

What Are the Benefits of a Negotiable Letter of Credit to the Exporters?

Exporters can reach the payment sooner with negotiable letters of credit, while offering usance terms to the importers.

With the help of the negotiable letters of credit, exporters can balance their cash flows, and able to propose competitive payments terms to the importers.

Who Should Pay Negotiation Fees?

Negotiation fees generally covered by the exporters, although this is contrary to the letter of credit rules.

How to Understand if a Letter of Credit Negotiable or Not?

In order to understand if a letter of credit is negotiable or not, you need to look at field “41A-Available with/by” field in a MT700 swift message.

If letter of credit is negotiable, it must be mentioned under field 41A that the letter of credit is available by negotiation.

How Does a Negotiable Letter of Credit Work?

How does a negotiable letter of credit work?

  • Step 1: Exporter and importer enter into a sales contract by agreeing on the terms and conditions of the business transaction.
  • Step 2: Importer contacts to the issuing bank for the issuance of the negotiable letter of credit.
  • Step 3: Issuing bank issues negotiable letter of credit in swift format and sends it to the nominated bank, who is also negotiating bank and advising bank.
  • Step 4: Negotiating bank advices the letter of credit to the exporter. Exporter checks the letter of credit conditions, if they are acceptable to the exporter, he starts production of the goods.
  • Step 5: Exporter ships the goods within the validity of the letter of credit and not later than latest date of shipment indicated in the L/C.
  • Step 6: Exporter presents the documents to the negotiating bank within the presentation period allowed under the letter of credit. Remember if presented documents contain a transport document, presentation must be completed within 21 days after date of shipment.
  • Step 7: Negotiating bank checks the documents presented by the exporter and, if determines that they are compliant, advances cash to the exporter. The “negotiation” is effectively the purchase of documents from the exporter at a discount.
  • Step 8: Negotiating bank presents the documents to the issuing bank.
  • Step 9: Issuing bank checks the documents and, if compliant, accepts them to be paid to the negotiating bank at maturity. At the same time, issuing bank gets in touch with the importer and delivers documents to him according to the financial agreement between the issuing bank and the importer.

Sample Negotiable Letter of Credit Swift Message 

————————————- Message Header ——————————————-
Swift OUTPUT FIN 700 Issue of a Documentary Credit
Sender : COBADEFFXXX
COMMERZBANK AG
(HEAD OFFICE)
FRANKFURT AM MAIN DE
Receiver : BOBIHKHH
BANK OF BARODA, HONG KONG
Hong Kong HK
————————————- Message Text———————————————–
27: Sequence of Total
1/1
40A: Form of Documentary Credit
IRREVOCABLE
31C: Date of Issue
140922
40E: Applicable Rules
UCP LATEST VERSION
31D: Date and Place of Expiry
05FEB15 HONG KONG
41A: Available With…By… – BIC
ANY BANK
BY NEGOTIATION
42C: Drafts At
AT 90 DAYS AFTER BL
42A: Drawee
BOBIHKHH

What Does Duplicate, Triplicate Mean in a Letter of Credit?

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Letters of credit have a special jargon.

If you are not familiar with the L/C language, you may not be able to understand what letter of credit is telling to you.

Issuing banks frequently state quantities of required document not explicitly, but with a special letter of credit jargon.

On this port you can find the meaning of one of the most frequently used L/C terms in regards to multiple documents.

Sample Texts:

  • Packing list in triplicate
  • Beneficiary’s signed commercial invoice{s) in triplicate, original of which must be certified by the chamber of commerce.
  • Certificate of origin in duplicate evidencing country of goods origin.
  • Beneficiary’s manually signed commercial invoice in quintuplicate certified by the chamber of commerce and/or industry or equivalent authority of the exporting / beneficiary country.
  • Signed and stamped with company’s seal commercial invoice in quadruplicate mentioning: a. name and address of the manufacturers/producers, b. relevant harmonized commodity code number(s) applicable to the products shipped under this credit, and certifying that: c. country of origin, d. all cartons and each items are marked with the words made in e. country of origin is printed/stitched on each item.

Letter of Credit Rules:

  • If a credit requires presentation of multiple documents by using terms such as “in duplicate“, “in two fold” or “in two copies“, this will be satisfied by the presentation of at least one original and the remaining number in copies, except when the document itself indicates otherwise.

definitions of multiple documents

Explanations:

  • “Packing list in triplicate” means that beneficiary could present 3 originals of packing lists or at least one original packing list and remaining with copies.
  • “Certificate of origin in duplicate evidencing country of goods origin” means that beneficiary could present 2 originals of certificates of origin or one original and one copy of certificates of origin.

Which is the Best Cargo Insurance Type That Should be Selected Against Non-Delivery Risks?

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Institute Cargo Clause A (All risks), Institute Cargo Clause B and Institute Cargo Clause C are the main types of cargo insurance types used in international trade

But which cargo clause is the most suitable one for letter of credit transactions?

How to eliminate non-delivery risks, war and strike risks in international trade?

Question Comes from Lus Miguel, Porto, Portugal:

Dear sirs,

First of all, congratulations for your website, it has been a great help. I’d like to ask you some questions regarding insurance versus letters of credit.

Knowing that if the credit is under the UCP 600 the insurance terms is agreed between exporter and importer (INCOTERMS) the banks sometimes ask for a Clause A plus extra coverage.

I think (and this is my doubt) that the banks at the bottom line can ask a minimum clause insurance (110%) if they trust their client financial capability to support a cargo loss/accident.

It is always a commercial decision.

Am I right at my conclusion?

The reason for my question is that nowadays we usually approve with clause A but if the commercials ask we lower the type of coverage to B or C.

I was looking for case studies, but I believe the risk when the cargo does not arrive to destiny is always on the side of importers/exporters (INCOTERMS chosen) and the bank is always defended since if the documents are good we have to pay them to the exporter.

Do you have knowledge of other situations that banks got “burned” regarding insurance problems when docs were okay?

Sincerely,

Here is the Answer:

Thanks for your question.

Analyses:

Insurance Coverage Under the Incoterms: According to the Incoterms 2010, seller has to make the insurance agreement with an insurance company and has to supply an insurance policy or certificate by paying the insurance premium under two trade terms:

Both CIF and CIP incoterms outlines a minimum insurance coverage, which is Institute Marine Cargo Clauses, C.

Exporters and importers are free to determine a more detailed insurance coverage such as Institute Marine Cargo Clauses, A (all risks).

Furthermore they can choose to include additional clauses to an all risk policy such as

  • WSRCC (War, strikes, riots and civil commotion) Clause,
  • Theft, Pilferage and Non-Delivery clause etc.

All of these extra insurance coverage must be paid by the buyer, unless otherwise determined on the sales contract.

Delivery Place Under CIF incoterms: Most of the international trader think that under CIF incoterms, the seller delivers the goods to the buyer at the port of discharge but this is not correct.

The seller delivers the goods to the buyer at the port of loading once the goods are shipped on board a named vessel under the CIF incoterms.

As a result, non delivery risks of the goods is not different between FOB and CIF incoterms from the point of the issuing bank under a letter of credit transaction.

The exporter delivers the good under both incoterms at the port of loading, and if the issuing bank receives a complying presentation, then it has to honor whether or not the goods arrive to the port of discharge. (Fraudulent shipments are the exemptions)

Insurance Coverage Under the Letter of Credit rules: The letter of credit rules, UCP 600, does not give directions either banks or their customers that what type of insurance cover must be selected.

Just on the contrary, the letter of credit rules tell that a credit should state the type of insurance required and, if any, the additional risks to be covered.

Conclusion:

Non-delivery Risk of Goods: As an issuing bank, the non-delivery risks remains unchanged under certain incoterms such as FOB and CIF.

The issuing bank has to honor complying presentations whether or not goods arrive port of discharge.

In practice, in most of the cases, the issuing banks have to decide accepting or rejecting the presentations while goods are still in transit, long before they have completed their journey.

Establishing Internal Standards: Each bank should establish an internal standards against non-delivery of goods risks.

This can be done by requesting all risks insurance policy covering additional clauses such as war, strikes, riots and civil commotion and theft, pilferage and non-delivery under CIF and CIP incoterms.

For the remaining incoterms you may indicate on the letter of credit application form that your bank will be arranging an insurance policy on behalf of your customer in order to secure delivery of goods.

Alternatively you can indemnify yourself against such risks by holding your customer fully responsible against non-delivery of goods under complying presentations.

Implementation: In order to establish a well-structured internal guidelines, an issuing bank could get in touch with local ICC Banking committee.

In our case it is ICC Portugal.

ICC Portugal
Rua das Portas de Santo Antão, 89
1169-022 Lisboa
T: +351 21 346 3304
E-mail: [email protected] Web: www.icc-portugal.com

L/C Demands a B/L Stating That All Original B/Ls Must be Surrendered

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A negotiable bill of lading is a bill of lading where the consignee’s name is preceded by the words “to order,” thus allowing the consignee to endorse the bill of lading to another party, thereby transferring title of the relative goods to another party. (1)

The importer has to present at least one original copy of the negotiable bill of lading to the carrier’s agent at the port of discharge in order to receive goods from the carrier.

What happens if letter of credit requests presentation of all original bills of lading to the carrier as follows?

  • Bill of lading to clearly indicate that the goods can only be delivered at destination port only on submission of all 3 sets of original bills of lading.

Question Comes from Heidi, Hayward, California, USA:

Can you please take a look at the following L/C language for the required documents of the B/Ls and confirm this will be manageable with the steamship lines?

  • Full Set of clean on board bills of lading made out to the order of opening bank and marked “freight prepaid” and notify applicant.
  • Bills of Lading to show the name and address and telephone/fax numbers of shipping company/agent representing them at port of destination.
  • B/L to clearly indicate that the goods can only be delivered at destination port only on submission of all 3 sets of original bills of lading.

Please advise.

Thank you,

Answer:

Thanks for your question.

Above letter of credit condition, which can be evaluated as a standard format, used by many banks under field 46-A: Documents Required.

The only part that you should be careful is the following one:

  • Bill of lading to clearly indicate that the goods can only be delivered at destination port only on submission of all 3 sets of original bills of lading.

Apparently the issuing bank would like to say:

  • Bill of lading to clearly indicate that the goods can only be delivered at destination port only on submission of all original bills of lading.

The problem with above condition is that it contradicts surrender clauses of the most, if not all, bills of lading in circulation as can be seen on below image.

surrender clause of a bill of lading
Surrender clause of a typical negotiable bill of lading used in port to port container carriages.

Each original negotiable bills of lading is equally represents the title of goods, as a result when one them surrendered to the carrier, the remaining ones becomes void.

For this reason it is highly recommended either correction or deletion of this clause from the letter of credit.

Sources:

  1. International Trade Procedures: A guide to doing business abroad, Wells Fargo Bank, Page: 70

The ICC Banking Commission Has Determined Key Working Areas

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Although not known by many exporters and importers, the ICC Banking Comission plays a key role in international trade finance.

Most of the international trade finance rules have been written by the ICC’s Banking Commission.

Letter of credit rules, documentary collection rules, standby letter of credit rules,bank guarantee rules and bank payment obligation rules have all been drafted by the ICC’s Banking Comission.

The ICC Banking Commission has identified five work areas that are key to its success.

Area 1 – Traditional Trade Services

This service line includes the traditional rule-making activities of the Banking Commission, in particular:

  • Uniform Customs and Practice for Documentary Credits (UCP)
  • Uniform Rules for Demand Guarantees (URDG)
  • Collections, International Standard Banking Practice (ISBP)
  • Standbys
  • Opinions and Documentary Dispute Resolution Expertise Rules (DOCDEX)

Area 2 – Open Account and Supply Chain Financing

This service line includes projects related to global supply chain financing, in particular the Bank Payment Obligation (BPO) project, and the drafting of guidelines in the fields of open account, factoring and forfaiting.

Area 3 – Global Regulation

This service line handles the relationship with, or projects linked to, the work of international organizations apt to making overarching recommendations to regional or national organizations.

Area 4 – Legal and Compliance

This service line will act as general forum to member banks’ legal and compliance departments.

It has been established for the discussion of topics of interest to the membership, who can recommend action at the Commission or ICC level where needed.

The service line deals with implementation through regional or national laws relating to banking and financial transactions, and acts as legal advisor on any legal and compliance aspect relevant to the work of any of the other four topic areas or any topic selected by the Commission.

Area 5 – Risk and Asset Management

This service line includes credit insurance, assignments and standardization of credit documents, Export Credit Agency (ECAs)/Multilateral Development Banks (MDBs).

CDCS 2015 Examination Date

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2015 CDCS Examination Date Announcement

  • April 2015 exam: (Registration closes 31 January 2015) 2015 CDCS examination will take place 10 April 2015 (please note: students sitting examinations in China, Hong Kong, Indonesia and South Korea will be examined in 11 April 2015).
  • October 2015 exam – opens mid-February to August 2015

CDCS Examination Details:

  • What is CDCS? (Certified Documentary Credit Specialist) CDCS (Certified Documentary Credit Specialist) is an international title in trade finance. You have to pass an examination which takes around 3 hours. CDCS certificate examination is organised by The London Institute of Banking & Finance. You can learn more about basics of CDCS from this link.
  • What Topics Do the CDCS Certificate Cover? Documentary credits – an overview, types, characteristics and uses, including standby credits, the sales agreement, rules and trade terms, including UCP 600, ISP 98, ISBP 745, Incoterms 2010 and URR 725, parties to documentary credit transactions and their roles and obligations, types and methods of payment / credit used in documentary credit transactions, including the concept of autonomy, types of transport, commercial and financial documents used in documentary credit transactions, risk issues, including types of risks, control and possible mitigation, related products, including letters of indemnity, air way releases and steamship guarantees, implications of breaching rules including money laundering and terrorist financing. You can learn more about CDCS certification details from this link.
  • What is the Exam Content? Certified Documentary Credit Specialist (CDCS) is a title in international trade finance. You have to pass a written examination that takes three hours in order to be qualified as a CDCS. You can learn more about CDCS exam contents from this link.
  • How to prepare a CDCS examination? You are expected to study CDCS examination by yourself. Preparation for the CDCS examination usually takes six months. You can learn more about CDCS exam preparation from this link.

CDCS® is examined in over 30 countries each year with examinations given in paper format at designated international centers.

Figure 1 : International CDCS Examination Venue List (excluding USA and South America)

 International CDCS examination venue list (excluding USA and South America)

Is Letter of Credit a Safe Payment Method When Importing Goods From China?

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Letters of credit are known to be one of the safest payment options for importers in international trade transactions.

However, this would not be a valid statement when importing goods from China.

It is advisable not to trust letters of credit alone, when you are importing from China.

Chinese Exports Between 2001 and 2012:

Chinese exports have been increasing constantly for the last 15 years with only one year exception.

Chinese exports decreased only in 2009 during the 2001 and 2012 period. (See below figure.)

Total Chinese exports was 266 billion USD in 2001. Between 2001 and 2007 Chinese exports rose more than 5 times and reached to 1.220,00 billion USD value.

These figures made China the biggest exporting country in the world ahead of US just in the same year.

Since then China is the biggest exporting country in the world. As you can see on the below figure Chinese exports reached to 2.049,00 billion USD in 2012.

Figure 1: Chinese Exports Between 2001 and 2012

Figure 1 : Chinese Exports Between 2001 and 2012
Source: Created by Ozgur Eker from data available at : http://wits.worldbank.org/

How China managed to increase its exports much faster than the world average?

According to Mary Amiti and Caroline Freund, Chinese export success is a result of shifting from soft export products such as textile industry to hard export products such as electronic goods. China became more specialized in higher value-added products and became more sophisticated. (1)

But this answer only move the nature of the original question while the original question remains mostly unanswered.

How Could China Manage to Transform its Economy to an Export Machine for a Quite Short Period of Time?

  • Under the communist economy, China maintained minimal trade with the rest of the world.
  • China was exporting limited raw materials and simple manufactured goods such as textiles to cover payments for imports of minerals and other production materials not available at home.
  • In 1978 Deng Xiaoping announced the policy of reform and opening up. China’s total imports and exports of $20.6 billion ranked 32nd among all nations and accounted for less than one percent of global trade at that time.
  • The reform period between 1980-1990 created a series of structural and economic policy changes in China such as reorganized and decentralized foreign trade institutions, promoted foreign economic relations and foreign direct investment, expanded foreign trade, and ushered China into a number of international organizations.
  • By the end of the 1980s, Chinese trade totaled $115.4 billion, representing 24 percent of China’s GDP and 3 percent of total world trade and catapulting China to the 16th largest trader in the world.
  • China focused on two key parameters during the 1990s in order to accelerate its exports growth rate.
  • Firstly, China fixed its currency to US Dollars in 1994. As of in year 1995 Chinese Renminbi has depreciated its value around 44 percent from the previous year. Since then Chinese governments have been keeping their exchange rate stable and undervalued.

Figure 2: Chinese Exchange Rate Between 1978-2010

Chinese Exchange Rate Between 1978-2010
Figure 2: Chinese Exchange Rate Between 1978-2010
  • Secondly China voluntarily reduced its custom tariffs rates on over 5,000 products. In 1990 Chinese average tariffs rate was 47.2 percent. In 1999 Chinese average tariffs rate dropped to 15.8 percent. Thanks to Chinese government’s efforts to liberate the country’s economy, China formally joined the WTO in year 2001.

Figure 3 : Chinese Average Tariff Rate Between 1978-2010

Figure 3 : Chinese Average Tariff Rate Between 1978-2010
Source: LI, Xiaojun. China as a Trading Superpower. 2013. Page :26
  • Chinese international trade total reached to $474.3 billion in 2000, putting China sixth in the global trade ranking.
  • Since 2001 China has been taking steps to better integrate its economy to global markets.
  • As of 2012 China is the biggest trading nation in the world. China surpassed the U.S. to become the world’s biggest trading nation by the sum of exports and imports of goods. U.S. exports and imports of goods in year 2012 totaled $3.82 trillion, whereas Chinese trade in goods in the same year reached to $3.87 trillion.

What are the Challenges to China’s Fast Export Oriented Growth Strategy?

  • Currency Manipulation: Western countries accuse China of currency manipulation. Since China fixed its currency to US dollars in 1994, Renminbi has not been appreciated despite very good performance of Chinese economy.
  • Anti-Dumping: China is under a very high anti-dumping pressure as Chinese export products have been punished by anti-dumping measures at highest level in a global scale. According to the statistics released by the WTO, 22 percent (544/2411) of all anti-dumping measures have been imposed to Chinese exporters.

Figure 4 : Anti-Dumping Measures Against China 1995-2009Figure 4 : Anti-Dumping Measures Against China 1995-2009

  • Corruption: Rapid growth of Chinese economy led to a greater level of corruption in China. In 1995 Transparency International (TI) ranked China the fourth most corrupt country in its Corruption Perceptions Index. China is the 80th corrupt country in the world according to Corruption Perceptions Index of year 2013. Corruption is a huge problem in China in all levels of the society.

Figure 5 : Chinese Corruption Perceptions Index of year 2013

Figure 5 : Chinese Corruption Perceptions Index of year 2013

What You Should Expect When Doing Business in China?

  • Chinese Economy is Still Controlled by the Government: Most of the Chinese economy is still controlled by the state owned companies; private sector is not allowed to enter profitable sectors. Chinese private sector mainly consists of SME enterprises which have to fight for their existence under fierce competition conditions. According to the public reports Chinese private sector does not have a good reputation among Chinese employees, who prefer to work in publicly controlled companies.
  • There are Many Multinational Companies in China: During 1980s, 1990s and 2000s big Multinational Companies moved their production facilities to China. Actually big brands most of the times do not import from a Chinese company, but they dispatch their own production from China to western countries such as USA, Germany and UK.
  • Fraudulent Companies Can Survive in China: May be the worst thing is the structure of the Chinese private sector, which it is creating a very suitable climate for the fraudulent companies or individuals to conduct their businesses under the radar.

What are the Weaknesses of the Letters of Credit Payments?

The most common China letter of credit fraud involves with non-existent cargoes and using letters of credit as a payment method of obtaining cash from the banks or importers.

According to letter of credit rules banks deal with documents and not with the goods.

If a fraudulent exporter manages to create fake shipment documents under a letter of credit, which is relatively easy, can manipulate the banks to obtain the payment and not to ship the goods at all.

China Letter of Credit Fraud Example:

Case Study : China Import Letter of Credit Fraud

Dear Steven

We have dealt with a Chinese company in order to buying polypropylene granules (a kind of raw material) from China. As you see in the attachments our deal was about 60 MT of the goods with the whole price of 60,600 USD.

We had opened our LC via our bank to them and the LC was LC at sight payable against the original full set of documents as bill of lading , certificate of inspection issued by CIQ organization and certificate of origin issued and certified by legal organizations in china.

The seller prepare all document and sent to his bank, then his bank sent the documents to our bank and ask for the price.

We checked the documents and see all of them are original without any discrepancies.

So our bank send the money to the seller.

When the goods arrived to our port we saw the amount and packing and every thing is not as our contract.

And the Chinese agent of the shipping company changed his BL and told us the original BL that was sent to your bank is fake !!!!!!!!! but the sale and signature of the shipping company is on our original BL.

Now we want to lawsuit against the seller immediately, please advise us the best way to claim.

In the attachment you can find all the important document about our deal.

Source: http://www.chinawhy.net/blog/Article.asp?id=122

Conclusion:

China is the world’s number one exporting country and biggest trading nation.

China achieved its leading position in international trade by means of rapid developments in exports and imports for the last three decades.

But this eye-catching quick expansion also brings its unique problems with as well. China has a highly manipulated and corrupt economy, controlled by central and local governments.

Fraudulent international transactions have been increased in China along with its exports and imports.

Although letter of credit is known to be one of the safest payment options for importers, it would not be the actual case in China.

If you are planning to import goods from China, it is advisable not only hiring a professional broker resident in China, who checks the exporting company, but also implementing a pre-shipment inspection of goods.

If you are going to use the letter of credit as a payment, please do not forget to read our suggestions specific to Chinese letters of credit.

References:

  1. Mary Amiti and Caroline Freund, China’s Export Boom, Finance & Development A quarterly magazine of the IMF, September 2007, Volume 44, Number 3 (Retrieved:28.August.2014)
  2. Li, Xiaojun. “China as a Trading Superpower.” (2013).
  3. http://wits.worldbank.org/Default.aspx
  4. http://www.chinawhy.net/blog/Article.asp?id=122

China Letter of Credit Transactions

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China has the second largest economy in the world at USD 14.4 trillion after the United States, according to data from the International Monetary Fund (IMF), which shows Chinese economy increased from around USD 12 trillion last year.

China is not only the most crowded, but also the 4. largest country in the world just after Russia, Canada and United States.

By following hard-line communist economic ideology between 1949 and 1982, China was not an eye-catching player in international trade.

After adapting so called market socialism policy in early 80-ies, Chinese economy started to open up to the outside world gradually.

In order to profit from its cheap workforce and unmatched government incentives, the global companies flown in to China.

This process, which is still being continued today, has been accelerated by China’s participation in the WTO (World Trade Organization).

China has been a member of WTO since 11 December 2001.

On this page you can find brief information in regards to Chinese economy and international trade, Chinese banks and letter of credit usage tips specific to China.

china export and import statistics

Chinese Exports at a Glance:

As of 2017 China is the top exporting country in the world. China’s 2017 exports declared as 2 trillion 263 billion US dollars in value.

China is overwhelmingly exporting manufacturing goods. 93.7 percent of all the exported goods of China are coming from this category.

Agricultural goods plus fuels and mining products together account for six percent of total Chinese exports in 2017.

China is exporting goods to almost all the countries but the most significant export destinations of China are United States of America: %18.4,  European Union (28): %16.2,
Hong Kong, China: %13.7, Japan: %6.2 and Republic of Korea: %4.5.

Top Exported Products of China (2017)

Agricultural GoodsNon-Agricultural Goods
Dried vegetables, whole, cutAutomatic data-processing machines
Onions, shallots, garlic, leeksRadio-telephony transmission tools
Plants' parts otherwise preservedLine telephony electrical apparatus
Other vegetables not frozenElectronic integrated circuits
Apples, pears and quinces, freshLamps and lighting fittings

Chinese Imports at a Glance:

China is the 2nd top importing country after the United States. The import trade value of China in 2017 declared as USD 1.84 trillion.

As of 2017, China’s main imports are: electronic integrated circuits (USD 228.2 billion), crude oil ($116.6 billion), gold (63.9 billion), iron ore (USD 58.0 billion), motor cars (USD 44.0 billion) and soybeans (USD 33.9 billion).

China’s major trading partners were the European Union, Japan, South Korea, the United States and Taiwan.

Top Imported Products of China (2017)

Agricultural GoodsNon-Agricultural Goods
Soya beans, whether or not brokenElectronic integrated circuits
Malt extractPetroleum oils, crude
Swine meat, fresh, chilled, frozenGold
Palm oil and its fractionsIron ores and concentrates
Edible offal of bovine animalsMotor cars for transport of persons

Banks in China:

Banks in China are mostly controlled by central Chinese government.

The “big four” state-owned commercial banks are the Bank of China, the China Construction Bank, the Industrial and Commercial Bank of China and the Agricultural Bank of China, all of which are among the largest banks in the world in total assets.

You can find top state owned banks in China on below table.

Bank NameSwift Code
Bank Name:
Agricultural Bank of China
Swift Code:
ABOCCNBJXXX
Bank Name:
Bank of China
Swift Code:
BKCHCNBJXXX
Bank Name:
Bank of Communications
Swift Code:
COMMCNSHXXX
Bank Name:
China CITIC Bank
Swift Code:
CIBKCNBJXXX
Bank Name:
China Everbright Bank
Swift Code:
EVERCNBJXXX
Bank Name:
China Construction Bank
Swift Code:
PCBCCNBJXXX
Bank Name:
Hua Xia Bank
Swift Code:
HXBKCNBJXXX
Bank Name:
Industrial and Commercial Bank of China
Swift Code:
ICBKCNBJXXX
Bank Name:
Postal Savings Bank of China
Swift Code:
PSBCCNBJXXX
Bank Name:
The Export-Import Bank of China
Swift Code:
EIBCCNBJXXX

In addition to the central government controlled big banks, whom are as listed on above table, there are regional banks who are owned by local governments in China such as;

Non-government owned banks in China can be classified under 3 main groups:

  • Banks that are listed in a stock exchange whose majority is controlled by the public
  • Banks are privately owned
  • International banks’ China branches and subsidiaries

Letter of Credit Usage Tips Specific to China:

Tips to the Importers:

  • Letter of credit is not the first payment option of the Chinese exporters. They usually require %30 advanced payment in order to initiate the production.
  • Importers could convince Chinese exporters to pay via at sight letter of credit.
  • Quality is a big issue in China. Unfortunately letter of credit could not give %100 assurance against fraudulent exporters.
  • It is advised to the importers that a pre-shipment inspection certificate has been added to the letter of credit documents.
  • The pre-shipment inspection must be performed by a credible inspection company.
  • By adding a pre-shipment inspection certificate to the letter of credit, the importer make sure that the Chinese exporter can’t shipped the goods without passing the inspection and getting a compliant inspection certificate.
  • Do not make advance payments under the letters of credit, because you can’t refund your down payment if something goes wrong and the order is cancelled.
  • If you have to make an advance payment make sure that you get a bank guarantee covering your advance payment.

Tips to the Exporters:

  • Chinese import customs procedures are not easy to understand by western point of view. For example, some Chinese importers could complete import procedures without obtaining any documents from the exporters. This is very dangerous because letters of credit transactions relies on the documents.
  • Check your customer, the bank that has issued the letter of credit and the letter of credit itself. Try to make sure that you are working with a reliable company, who has issued the letter of credit from a reputable bank with reasonable conditions.
  • Make sure that you can comply with the conditions of the letter of credit.
  • You can get the required documents in a timely manner.

Revolving Letter of Credit

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Revolving letter of credit is a special type of letter of credit, which is not covered under the UCP 600 rules.

Contrary to popular belief, revolving letters of credit are not used frequently.

They may be utilized in limited occasions in international trade, especially when exporters and importers sign a long term commercial sales contract, which covers shipments of the same commodity on a regular basis such as;

  • Shipments of 10.000 mtons of iron ore from Australia to China monthly basis for a 6 months period of time
  • Shipments of textile products monthly basis from China to USA for a 12 months period of time.

An exporter and importer, who have concluded a contract as indicated above and wish to have a letter of credit issued to satisfy their contractual payment obligations, may apply for a revolving letter of credit.

Definition:

A revolving letter of credit is a special letter of credit type, which is structured in a way so that it revolves either in value or in time covering multiple-shipments over a long period of time under a single letter of credit.

Types of Revolving Letters of Credit:

i. Revolvement Based on Time: A fix amount could be drawn under letter of credit within each specific period of time as indicated in the documentary credit until letter of credit expires.

Example: Letter of credit stipulates that 100.000,00 USD can be drawn on monthly basis for a 12 months validity period.

  • Type 1 – Non-Cumulative Revolving Letter of Credit: For a non-cumulative revolving letter of credit, the beneficiary can draw each revolving amount for any given period, and any unused portions cannot be drawn on the subsequent periods.

Example: Using the above example, the shipper could still ship USD 100.000,00 each month and be fully paid. If the shipper shipped USD 90.000,00 in a given month, they would still be paid provided that partial shipment is allowed for each shipments, but they could not get the additional USD 10.000,00 by shipping excessive amount on the upcoming months.

Type 2 – Cumulative Revolving Letter of Credit: Cumulative revolving letter of credit means that the unused sums in the L/C can be added to the upcoming shipments.

Example: Using the above example, the shipper could still ship USD 100.000,00 each month and be fully paid. If the shipper shipped USD 90.000,000 in a given month, they would still be paid, and they could get the additional USD 10.000,00 by shipping extra in the next months until letter of credit reaches to expiry.

ii. Revolvement Based on Value: A fixed amount is replenished every time just after it is utilized by the beneficiary within the overall validity of the revolving letter of credit.

Revolvement dependent upon value could be very risky for the issuing banks as beneficiaries can make excessive presentations if issuing banks fail to specify maximum letter of credit limit.

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