Chapter 8 审核

*3/3 SET OF ORIGINAL CLEAN ON BOARD OCEAN BILLS OF LADING MADE OUT TO ORDER OF SHIPPER AND BLANK ENDORSED AND MARKED “FREIGHT PREPAID” NOTIFY APPLICANT(WITH FULL NAME AND ADDRESS). *ORIGINAL SIGNED COMMERCIAL INVOICE IN 5 FOLD. *INSURANCE POLICY OR CERTIFICATE IN 2 FOLD ENDORSED IN BLANK,FOR 110PCT OF THE INVOICE VALUE COVERING THE INSTITUTE CARGO CLAUSES (A),THE INSTITUTE WAR CLAUSES, INSURANCE CLAIMS TO BE PAYABLE IN JAPAN IN THE CURRENCY OF THE DRAFTS. *CERTIFICATE OF ORIGIN GSP FORM A IN 1 ORIGINAL AND 1 COPY. *PACKING LIST IN 5 FOLD.

关于审核的相关规定 一、关于单据 1 、单据化和非单据化？（复习） 2 、关于签字 “ 单据可以通过手签、签样印制、穿孔签字、 盖章、符号表示的方式签署，也可以通 过其它任何机械或电子证实的方法签 署。 ”

3 、关于日期 可以早于开证日期。 有效期、交单期、最迟装运期、审单期 发票日期早于装船日期； 保单日期早于提单日期； 提单日期早于装船日期； 汇票日期为议付日期； 审单期交单次日起不超过 5 个银行工作日 4 、正本、副本（复习）

正本：手写、打字、穿孔签字或盖章、 摹本签字、正本信笺、声明为正本 5 、交单地点 规定的、开证行所在地

二、审单标准 单证一致、单单一致、单内一致（表面相 符） 三、拒付 1 、拒付通知； 2 、一次性说明全部不符点 3 、电讯通知，表示听候处理或退回单据。

Your documentary credit remittance under our Credit xix for FF refused due to late presentation and late shipment. We are holding the documents at your disposal.

审单的方法 单证 - 横审 单单 - 纵审（发票是核心） 例题 汇票？发票？产地证？

Shipment as defined by UCP 600 Artcle 46 From: Port of Hong Kong For transportation to: Puerto Armuelles, Panama Note later than :June 9, 2007 Transhipment □ allowed □ not allowed Credit available with Nominated Bank: Freely negotiable □ by payment at sight □ by deferred payment at: □ by acceptance of drafts at: □ by negotiation Against the documents detailed herein □ and Beneficiary’s draft(s) on: Banko Binko, Panama, Rep. of Panama Partial shipments □ allowed □ not allowed Amount : Approximately USD110,000.00Advising Bank Reference No. Asian International bank and Trust Co. Hong Kong Beneficiary Electronic Distributors Associates 217 Des Voeux Road, Central Hong Kong Applicant Importadores Electronicos S.A. 147 Avevida san Jose Panama, Rep. of Panama Expiry date & place for presentation of docs Expiry date: June 17, 2007 Place for presentation:Hong Kong Place and Date of issuing Panama, May 29, 1994 Irrevocable Number 1234 Documentary Credit Name of Issuing Bank Banko Binko Panama, Rep. Of Panama 请认真阅读本信用证 ! 后面单据中的红色字表示不符点。 你能否 解释为什 么是不符点吗 !

We here by issue the Irrevocable Documentary Credit in your favour. It is subject to the Uniform Customs and Practice for Documentary Credit (1993 Revision, International Chamber of Commerce Paris, France, Publication No 500) and engages us in accordance with the terms thereof. The number and the date of the Credit and the name of our bank must be quoted on all drafts required. If the Credit is available by negotiation, each presentation must be noted on the reverse side of this advice by the bank where the Credit is available. Name and signature of the issuing bank This documents consists of □ signed page(s) Documents to be presented within 8 days after the date of shipment but within the validity of the Credit Signed Commercial Invoice Certificate of Origin Full set of clean “on board” ocean bills of lading consigned to order Covering: Televisions, VCRs, Video Recorders and spare parts of Japanese origin and VHS cassettes of Chineses origin as per purchase order 1714-X, CFR Puerto Draft to be marked “Drawn under Banko Binko, Panama Documentary credit 1234 issued on May 29, 2007”

Draft 汇票 USD122, Hong Kong, June 18, 2007 At sight Pay to the order of Electronic Distributing Associates One Hundred Twenty-two Thousand Five Hundred US dollars Drawn under To: Banko Binko Linsen, Zhang Panama Electronic Distributing Associates

1. Is LC number required on draft absent or incorrect ? 2.Is presentation of draft after expiry date ？ 3. Does the amount of draft agree with LC amount and invoice ? 4. Is the tenor the same as shown in LC 5 、 Is the draft drawn by the beneficiary ? 6 、 Is the drawer’s signature presented on the draft ? 7.Is the draft drawn on the nominated bank in LC ?

June 17, 2007 Sold to : Importadora Electronica S.A Terms: Documentary Credit Panama, Rep. Of Panama Packing Description Price 1 container Televisions, VCR, Video Recorders……. USD100, VHS cassettes ……. USD 5, FOB Factory Handling USD105, Freight USD 16, Total C&F…… Panama USD122, Linsen, Zhang Electronic Distributing Associates Hong Kong Consolidators Inc., as agents Invoice No. 741 Contract No Commercial Invoice Electronic Distributing Associates

1. Is it issued by the beneficiary named in LC ? 2 Is it issued to the correct name & address in LC ? 3 Does the description of goods in invoice correspond exactly to that in LC ? 4 Does the quantity in invoice correspond with that of in LC ? 5 Does the invoice amount exceed that of LC ? 6 Does the invoice state the delivery terms, & is it correspond with that of LC ?

Original Certificate of Origin 产地证书 Item, number, marks, number and types of packages, description of goods: Container Containing Televisions, VCRs, Video Recorders and spare parts and VHS cassettes as per purchase order 1714 Transport details: Ocean MV Altamares Country of Origin: JAPAN Consignee: Banko Binko Panama, Rep. of Panama No. HK Consignor: Electronic Distributing Associates Hong Kong Consolidators, Inc., as agent For multimodal transport or port to port shipment

The undersigned authority certifies that the goods described above originates in the country shown above. PANAMA – HONG KONG CHAMBER OF COMMERCE Place and date of issue, name and signature of competent authority June 9, 2007, Hong Kong Linsen, Zhang Pnamanian – Hong Kong Chamber of Commerce 接上页

检验证书 检验机构？ - 按证 检验日期 - 早于提单日 内容 - 与其他单据、证符 不接受 “ 不清洁检验报告 ”

Accepting / Paying / Reimbursing by Issuing Bank (1) When reviewing documents forwarded from nominated bank, Issuing Bank must pay attention to the followings: (1) Documents must appear on the face to be in compliance with the terms and conditions of LC Documents must appear on the face to be in compliance with one another. (2) Do not examine the documents not stipulated in LC. (3) The time for examining documents for Nominated Bank, Confirming Bank and Issuing Bank is 5 days following the date of receipt of documents. If more than 5 days, banks must pay regardless of any discrepancies in documents.

Accepting / Paying / Reimbursing by Issuing Bank (2) 2 Pay 3Forward docs to and claim on Issuing Bank Exporter Beneficiary Nominated Bank 1documents (4) If refusing documents, Issuing Bank must notify the presenter by telecommunication within 5 days following the date of receipt of documents. Telecommunicantion: Notice to refuse must state: 1. all discrepancies once for all. 2. holding documents at disposal of, or is returning them to, the presenter. 4 If one point is not satisfied, Issuing Bank is not in the position to refuse documents.

Discrepant documents to be taken up by Issuing Bank If finding discrepant documents, Issuing Bank has the following option; 1. return the documents to presenter to have them represented within validity of LC. Issuing Bank 1 Return documents 1 docs Exporter Beneficiary Nominated Bank Represent corrected docs within validity5 Represent within validity5 2. if feeling the discrepancies are not material it can ask applicant to waive discrepancies. Importer Applicant Ask to waive discrepancies within 5 days of Issuing Bank’s receipt2 Agree Or 2 refuse 3 Exporter may request Issuing Bank to present to buyer on collection. 3Req. 3 request 3collect To pay with reserve or against indemnity( with recourse). 4 To pay With 4 recourse

Most common discrepancies in examination of documents (1) 1. Bill qualified （ unclean ） B/L L/C ………….. Clean B/L …………… Bill of Lading ………… 5 cases short shipped or Contents leaking or Packaging soiled by contents or Packaging contaminated or Goods damaged / scratched or Insufficient packaging……… 2. No evidence of goods actually “shipped on board” L/C ……………… Clean on board bill of lading…. ……………… ……………… ……………… ……………… ……………… …………… Bill of/Lading …………….……… …….……………… ………….………… ….…………….…… ……….…………… …………..………… ……………..……… ………………..…… ………………….. Place and Date of Issue Tokyo, JUNE 2, 2003 Importer does not want defective goods & carrier would note the defective conditions of goods on B/L when receiving them from seller to discharge carrier’s duty. After receiving goods from exporter, carrier must arrange shipment, e.g. only 2 ships go to Italy from Xingang, Tianjin, one for first half of a month, another for 2 nd half of a month, if exporter misses first one, he will have to wait for the one in 2 nd half of the month though B/L has been issued by carrier. To urge exporter deliver goods on time, importer may require “ on board” B/L, the date of which should not be later than the “latest shipment date” in LC. There should be in the notation: Not clean Shipped on board June 2, 2003

Most common discrepancies in examination of documents (2) 3. Goods shipped on deck Bill of Lading ……………………………. On deck at shipper’s risk …………………………….. If ship’s cabin is full & goods or container were put on deck, there is risk of being spoiled by bad weather or washed away from deck to seas by waves and “at shipper’s risk” means the risk is borne by exporter himself. Banks under LC transaction would not accept B/L with these words unless otherwise stipulated in LC. 4. Presentation of insurance doc. is not the one stipulated in LC Letter of credit ………………… and insurance Policy issued by…………….. Insurance Certificate ………………………… Cover note …………… Insurance Declaration …………………………..

Most common discrepancies in examination of documents (3) 5. Under-insured Letter of Credit ……………………… Amount USD ……………………… Insurance Policy …………………… Amount insured USD …………………… the least amount should be 110% of the amount for which payment …., gross amount of Invoice………., 6. Credit amount exceed / under drawn Letter of Credit ……………………… Amount USD10000 …………………….. Partial shipment: not allowed………. ……………………… Draft or Invoice …………………….. Amount USD 8800 …………………….. Under drawn Draft or Invoice …………………….. Amount USD …………………….. Over drawn

Handling discrepant documents by nominated bank (1) Beneficiary docs Nominated Bank If finding discrepancies, Nominated Bank has the following options; 1. return the documents to have them corrected & resubmitted by beneficiary before LC expires. Return docs.1 Resubmit Docs 1 before LC expires Issuing Bank 2. notify Issuing Bank by telex & request authorization to effect payment (=amend LC). 2Notify discrepancies to request acceptance 3Suggest Approve3 3Forward docs for examination

Handling discrepant documents by nominated bank (2) 4Documents Issuing Bank 4If refused 4 Refund with interest Beneficiary Nominated Bank 4 Pay with reserve or against indemnity 3. To pay with reserve(recourse) 4. Ask beneficiary to send docs directly to Issuing Bank. 5Return docs & ask the latter to send docs directly to Issuing Bank. 5Forward docs directly to 5. If having not enough time to correct discrepant docs, forward docs to Issuing Bank on collection basis under approval of beneficiary 6 Gain approval 6Forward docs on collection basis

出口商的措施 1 、加强审核、预留修改时间、严格制单、 电提（询问开证行） 2 、被拒付后，灵活处理货物（确保掌握货权） 3 、判断不符点是否成立 是否有拒付通知？是否在 5 个工作日内？是否凭 单据？是否一次指出？是否电讯通知？是否说 明单据凭指示？

4 、反驳，可申请国际商会仲裁 5 、更换不符点单据 6 、联系进口方接受不符点 7 、降价或另寻买主 8 、退单退货

End of the lecture Thank you for attending