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Chapter14
Export documentation
Four contracts to execute
1
the export sales contract
2
the contract of carriage
3
the financial contract
4
the contract of cargo insurance
14.1 E-commerce
• The electronic age has transformed the
international trade environment through
quicker and more efficient documentation
negotiation and processing procedures.
14.2 Air waybill
• The air waybill is the consignment note
used for the carriage of goods by air. It is
often called an air consignment note and is
not a document of title or a transferable or
negotiable instrument.
• The air waybill is basically a receipt for the
goods for dispatch and is prima facie
evidence of the conditions of carriage.
Air waybill must be completed in
at least three parts embracing
Add Your Title
Add Your Title
Add Your Title
the carrier
(signed by
the
consignor)
for the
consignee
(signed by
the
consignor
and carrier)
for the
consignor
(signed
by the
carrier)
14.3 ATA carnets
• ATA carnets may be used to simplify Customs
clearance of goods being temporarily exported.
• They replace normal Customs declarations both at
export and re-import.
• They also replace normal Customs documents and
security requirements in many countries
worldwide into which goods are being temporarily
imported.
14.4 Bill of exchange
• Under the terms of the Bill of Exchange Act
1882, a bill of exchange has been defined as
an unconditional order in writing addressed
by one person to another, signed by the
person giving it, requiring the person to
whom it is addressed to pay, on demand, or
at a fixed or determinable future time, a
certain sum in money to or to the order of a
specified person or bearer.
• Drafts can be drawn either at sight-payment to be made on
demand or on presentation-or at a particular ‘tenor’
(‘usance’) –payment to be made at a fixed or determinable
future date, usually within 180 days of sight of the bill of
exchange by the drawer-or within 180 days of the date of
the draft.
• The general procedure for letters of credit is for drafts to be
drawn on a bank, but some credits require them to be
drawn on the importer. Drafts can be drawn in pairs called
‘first’ and ‘second’ bills of exchange.
The bill of exchange contains the
following date:
•
•
•
•
•
•
•
the date;
a specific sum, which should agree with the
amount on the export invoice;
the ‘tenor’, that is, whether payment is to be at
sight or at a stated period after sight or at a fixed
date;
the name of the drawee;
the name and signature of the drawer;
the name of the payee or order or bearer;
the endorsement of the payee where applicable.
avoided discrepancies
document drawn
incorrectly or for a
sum different to the
credit amount
designation of the
signature on the
document not
specified if
required, e.g.
director or partner
14.5 Bill of lading
• A bill of lading is receipt for goods shipped on
board a vessel, signed by the person (or his or her
agent) who contracts to carry them, and stating the
conditions in which the goods were delivered to
(and received by) the ship.
• It is not the actual contract, but forms excellent
evidence of the terms of the contract.
Legislations relative to maritime transport
1
2
3
Hague Rules
Visby Rules
Hamburg Rules
Types and forms of bills of lading
•
•
•
•
•
•
•
Shipped bill of lading
Received bill of lading
Through bill of lading
Stale bill of lading
Groupage and house bill of lading
Transhipment bill of lading
Clean bill of lading
•
•
•
•
•
•
•
•
•
•
Claused bill of lading
Negotiable bill of lading
Non-negotiable bill of lading
Container bill of lading
Combined transport bill of lading
Straight bill of lading
Negotiable FIATA Combined Transport Bill
FIATA Multi-modal Transport Bill of Lading
(MTBL)
Combined Transport Document/Multi-modal
Transport Document
Through Transport Document (TTD)
Functions
1
a receipt
for
goods
shipped
2
a
transferable
document to
the goods
3
evidence of
the terms
of the
contract of
affreightm
ent
4
a quasinegotiable
instrument
14.6 Cargo insurance policy
and certificate
• It is important to bear in mind when the shipper, exporter,
or agent is preparing the insurance document for
presentation to the bank, that it is in the currency of the
document for presentation to the bank, that it is in the
currency of the documentary letter of credit;
• the insurance is for the value specified in the credit;
• it covers all risks specified in the credit;
• the insurance document is dated prior to the dispatch of
goods or indicates that cover is effective from the shipment
date;
• finally the insurance policy is presented when the credit so
stipulates.
14.7 Certificate of origin
• The certificate of origin specifies the nature,
quantity and value of the goods, etc.
together with their place of manufacture.
14.8 Certificate of shipment
• The FIATA Forwarder’s Certificate of Receipt
(FCR) and Forwarder’s Certificate of Transport
(FCT) are becoming increasingly accepted in the
trade as the recognizable document confirming a
receipt of the goods. Alternatively the freight
forwarder may issue a letter detailing the goods
received by the forwarder, or in a form similar to a
Bill of Lading (where the goods have actually
been dispatched).
14.9 Charterparty
• A charterparty is a contract whereby a
shipowner agrees to place his or her ship, or
part of it, at the disposal of a merchant or
other person (known as the charterer), for
the carriage of goods from one port to
another port on being paid freight, or to let
his or her ship for a specified period, his or
her remuneration being known as hire
money.
Charterparty
demise
non-demise
Gross form of charter
Net terms
Free-in-and-out (FIO) charter
Liner terms
Lump sum charter
14.10 Convention on the contract for the
international carriage of goods by road (CMR)
• CMR come into force in the UK in October 1965.
The contract of carriage, found in the CMR
consignment note, is established when it is
completed by the sender and carrier with the
appropriate signatures or stamp being recorded
thereon.
• The CMR consignment note is not a negotiable or
transferable document or a document of title.
14.11 Courier receipt
• This document is used where the goods are
dispatched by courier service, usually
involving small parcels and packets.
14.12 Dock receipt
• This may be issued by a Port Authority to
confirm receipt of cargo on the quay or
warehouse pending shipment. It has no legal
role regarding processing financial
settlement of international consignments.
14.13 End use Certificate
• This is a document complete by the international
buyer indicating/specifying the use to which the
product or service will be employed and details of
any ‘on sale’ and likewise the use to which the
product will be engaged.
• Required by many Governments in countries
anxious to avoid the illegal/abusive use of
arms/defense equipment sold overseas.
14.14 Exchange permit
• They are usually issued by Government
departments, Chambers of Commerce, or
Chambers of Industry, thereby authorizing
import of a specific commodity. It is a
means of regulating the flow of specific
commodity imports and the funds
associated with them.
14.15 Export Cargo Shipping
Instruction (ECSI)
• At the time of booking a cargo for shipment,
exporters or their agents complete the
Export Cargo Shipping Instruction and
forward it to the shipping company, usually
electronically.
14.16 Export invoicing
Customs invoice
Commercial invoice
Consular invoice
Pro-forma invoice
14.17 Export licensing
14.17 Export licensing
1
2
open general Export
License (OGEL)
he Open individual
Export License
(OIEL)
3
the individual or
bulk license
14.18 Health certificate
• A health certificate is issued when
agricultural and animal products are being
exported to certify they comply with the
relevant legislation in the exporter’s country.
14.19 Intermodal certification
• This document arises from the Intermodal
Safe Container Act which became
operational in the USA from April 1997.
14.20 International Convention concerning
the carriage of Goods by Rail (CIM)
• The CIM consignment note is completed by
the shipper, agent or originating rail carrier
and has six copies. It embraces the original
of the consignment note, the invoice, the
arrival note, the duplicate of the
consignment note, the duplicate of the
invoice, and a supplementary copy.
14.21 Instructions for dispatch
• International IATA scheduled airlines
require shippers to complete an Instruction
for Despatch form (IDG) to enable an air
waybill to be raised detailing the carriage to
be performed.
14.22 Letters of hypothecation
• This is a banker’s document outlining
conditions under which the international
transaction will be executed on the
exporter’s behalf, the latter of whom will
have given certain pledges to his or her
banker. It may be by direct loan, acceptance,
or negotiations of draft thereto.
14.23 Letters of indemnity
• The role of the letter of indemnity is to
permit cargo to be released to a consignee
without production of the original endorsed
bill of lading, or to permit the issue of a
duplicate set of documents when the
original bills of lading have been lost or
mislaid in transit. It is a document of legal
and commercial convenience, and should be
used with care and caution.
14.24 Mate’s receipt
• A Mate’s receipt is sometimes issued in lieu
of a bill of lading. It has no legal authority
regarding the processing of the financial
settlement of international consignments but
merely confirms cargo is placed on board a
ship pending issue of a bill of lading.
14.25 Packing list
• The document, sometimes called a packing
note, is provided and completed by the
shipper at the time the goods are dispatched
and accompanies the goods and the carrier’s
documents such as bill of lading, sea
waybill, air waybill, CIM and CMR
consignment notes throughout the transit.
14.26 Parcel post receipt
• The parcel post receipt is issued by the Post
Office for goods sent by parcel post. It is
both a receipt and evidence of dispatch.
14.27 Phytosanitary (plant
health) certificate
• The importation of all plant material, forest
trees and other trees and shrubs, and certain
raw fruit and vegetables must be
accompanied by a phytosanitary certificate
in most countries.
14.28 Pre-shipment inspection
certificate
• This embraces their quality, the quantity
being exported and the price(s) proposed
and market price(s) comparison at the time
of shipment.
The other chapter
Weight certificate
Veterinary and health certificate
Quality certificate
Ship’s delivery order
Shipper’s letter of instruction