Friday, 3 October 2014

SCRUTINY & NEGOTIATION OF EXPORT DOCUMENTS



SCRUTINY & NEGOTIATION OF EXPORT DOCUMENTS



Md. Makhluk Hasan 

FAVP

Social Islami Bank Ltd.
 
 
LEGAL FRAMEWORKS:

A.    Guidelines for Foreign Exchange Transactions (GFET)
B.     Foreign Exchange Regulation Act-1947
C.     Export Policy
D.    Different directives of NBR
E.     Different publications of ICC
            -UCPDC
            -URC
            -URR
            -Incoterms
            -ISBP
 
Negotiation:
Negotiation means the purchase by the nominated bank if 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.

Steps:
  1. Certifying EXP Forms
  2. Receiving Export Documents
  3. Scrutiny of Documents
  4. Negotiation/Purchasing
  5. Forwarding Documents to Applicant’s Bank
  6. Realization of Export Proceeds
  7. Reporting to Bangladesh Bank

1.Certifying EXP Forms:
  • At the request of exporter, EXP is   certified by AD
  • 4(four) copies (Original, Duplicate, Triplicate and Quadruplicate)
  • Certification of EXP as per Chapter 8, Para 7 of GFET
  • Entry in EXP issue register

2.Receiving Export Docs along with exporter’s forwarding/ application:

  • Bill of Exchange
  • Commercial Invoice
  • Packing/weight list
  • Transport Documents (Bill of lading / Airway Bill / Railway Bill/ Postal Receipt etc.).
  • Inspection Certificate
  • GSP, Certificate of Origin
  • EXP Forms (3 copies)
  • Others (as required in the LC)

3. Scrutiny of Documents:
General:
  • LC Expired
  • Late Shipment
  • Early shipment
  • Late presentation
  • Installment/partial shipment
  • LC over drawn

Export Documents should be examined in terms of L/C. Specially the following things should be examined:

a. Bill of Exchange:
  • Drawn on LC issuing bank
  • Date & Signature
  • Amount in figure & words
  • Tenor

b. Commercial Invoice:
  • Date and number of Commercial Invoice
  • Invoice value as per EXP
  • Description of goods, Unit price, quantity
  • Applicant’s and Beneficiary’s name & address
  • Number of originals to be presented, etc.

c. Bill of Lading/ AWB:
It is one of the most important documents. So it should be scrutinized very carefully:
  • B/L Number & Date
  • Full set of B/L
  • Made out to the order of Negotiating Bank
  • Notify party
  • On Board notation with signature
  • Description of goods
  • Port of loading/discharge
  • Freight prepaid/collect
  • Signed as per capacity
  • Whether any defective clauses or clean BL
(* Specimen Signatures of the transport companies should be preserved)

d. Others
  • Description & quantity as per LC in Packing List, GSP/CO, Inspection Certificate
  • Gross weight, net weight are identical in documents
  • Inspection Certificate issued as per LC
  • Whether any unfavorable information in the contents of the inspection certificate regarding quality of the goods
  •  
e. EXP Forms:
  • Signature of the customs authority
  • 3 copies are presented.
  • Any short or excess shipment (short shipment certificate or amendment)

4. Negotiation/purchase of Documents:
  • Getting approval of negotiation/purchase from the chain of Management.
  • Preparing vouchers

Calculation of CM value:
(Where BTB LC facility is availed)
Total invoice value in FC         :  ------------
Less FC for BTB payment       :-----------
Less FC for ERQ                     : ------------
Less foreign Bank charges       : -----------



Vouchers:
Dr. FDBP/FBP Account (only CM portion)
(For sight bill, @ OD sight export)
(For usance bill, @ usance rate)
Cr. CD A/C
Cr. Packing Credit/ Others Loan A/C
Cr. S/D Tax on export, Courier charge etc.

5. Forwarding Documents to Applicant’s Bank:
  • In prescribed format by the Bank
  • Addressed as per LC
  • Endorsement on Bill of Exchange and B/L, Insurance Cover Note (if any)

6. Realization of Export Proceeds:
Dr. General A/C ID, HO (CM portion @ TT Clean & rest portion @ OD
Sight Export)
Cr. FC Held  (@ OD Sight Export)
Cr. ERQ Account (@ OD Sight Export)
Cr. FBP A/C 
Cr. I/A Exchange Earnings

7. Reporting to Bangladesh bank.
  • Duplicate of EXP should be reported to B. Bank within 14 days from the date of shipment through ID.
  • After realization of exports proceeds, Triplicate of EXP will be reported to B.B. in usual monthly return through ID.

Handling of Discrepant Documents:

  • Beneficiary may be advised for rectification
  • Discrepancies may be referred to issuing Bank for their acceptance and getting acceptance documents may be negotiated
  • Indemnity duly stamped and signed is to be provided by the Beneficiary
  • The branch may send the documents on collection basis with the permission of the exporter.

Non -Repatriation or Delay in Repatriation:

  • Repatriation period (Maximum 120 days from the date of shipment)
  • If overdue, to be reported to Bangladesh Bank (Chapter 8, Para 15 of GFET)
  • Delay in repatriation (Interest for period beyond 21 days of purchase)
  • Steps for repatriation-
-Whereabouts of goods
-Correspondence
-Intimation of discrepancy to the exporter
-If discount is offered, prior approval from Bangladesh Bank

**********

No comments:

Post a Comment