1. Export Letter of Credit
Essentials
Presented by:
Scott Smithhisler, Global Trade Consultant
2. Agenda:
Welcome & Introductions
Today we’ll strive to make
Customer Relationships Export L/Cs more about
people, processes and tools,
High Level Export Process & Owners
and less about chance.
Export Credit Policy
Standard Operating Procedures
Trade Risks
Payment Terms Options
Letters of Credit – What & How
Discrepancies and Implications
Solutions – People, Process & Tools
Group Activity – LC Scenario & Key Decision
Q&A
3. Customer Relationships
Strong relationships and underlying agreements are vital to successfully doing
business in international markets and long term growth.
What do your customer relationships look like?
Distributor: Has exclusive rights
to sell your product in one or
more countries
Dealer: Similar arrangement but
sells other competing brands
Licensee: Has the right to use
your trademark and manufacture
products under certain
restrictions
Retailer: Buys directly from you
and sells to consumers
Affiliate: An operation fully
owned by your company
4. High Level Export Process & Team
1. Customer Relationship
Sales / Legal
• Customer selection
• Legal agreement 2. Pricing
• Credit terms according to Merchandising / Finance
risks & policy • Product offering 3. Order Fulfillment
• Prices consider INCO terms Customer Service / Credit
• Quote to Customers
• Customer purchase order
• Collaboration & changes
• Credit check
• Proforma Invoice (includes
4. L/C Receipt required LC specifics)
Credit
• Review
• Request amendments 5. Shipping
• Release product for shipment Customer Service / Logistics
• Shipment Planning
• Shipment 6. Payment & Delivery
• Transport & other documents Credit / Finance / Customer
• Draw on LC & monitor
• Documents to Customer
• Payment to seller
• Customs clearance at destination
• Happiness! Let’s do more of this!
5. Export Credit Policy
Competing in international markets requires companies to take “smart risks.”
Having a sound export credit policy that enables sustainable growth while ensuring
receivables are managed effectively is critical for success.
Policy Main Elements:
Approval by Sr. Leadership in
Finance, Sales & Operations
Customer selection criteria and
credit application approval
process
Credit limits and terms to be
assigned against criteria
Customer credit strength
Customer history & performance
Geopolitical risk rating
Order value
Override approvers & limits
6. Standard Operating Procedures
Conducting any business requires creating and maintaining standard operating
procedures (SOP). This is especially important when a business model, such as
Export Sales, involves a cross functional team.
SOP Main Elements:
Approval by Sr. Leadership in
Finance, Sales & Operations
Clear description of the end-to-
end process and supporting job
functions
Delineation of roles and
responsibilities and
communication required
Metrics and reporting
Guidelines for on-going training
7. Key SOP Topics – Title Passage & Consignment of Goods
Certain elements of the SOP are tied 1. How legal title passes from seller to
to managing export risks & product buyer
flow. Physical movement of goods
Transport documents (e.g. cargo
As such, they should be considered receipt, waybill, bill of lading)
in the export credit policy and
decision making. 2. Transport Documents
Bill of Lading (B/L) = Negotiable Title
Cargo Receipts, Truck Bills & Waybills
= Non-Negotiable Receipts
3. Consignment of the Goods
Open Consignment = “To Order”
Title passes via endorsement
Straight Consignment = “To”
No endorsement required; can help
expedite delivery
8. International Commercial (INCO) Terms
INCO terms: Examples:
Define Buyer & Seller’s
liabilities & responsibilities Any Mode of Transport
Indicate a named place EXW, Named Place of Delivery
(EXW = Ex Works)
Depict what the selling price Seller is responsible for warehouse
includes services and export packing
Are specific to either sea/ Buyer arranges for loading at point of
inland waterway transport origin through delivery to final
destination
or other modes
Ocean Transport
CIF, Port of Destination
CIF = Cost, Insurance & Freight
Seller is responsible for transport to
destination port and insurance
Buyer arranges for pick up at local dock,
arranges clearance and pays duty
9. International Trade Risks
Commercial
Buyer history
Credit reporting limited
Financial standards may differ
Potential for loss during transit
Geopolitical
Government stability and consistency
Economic
Foreign exchange rate fluctuations
Foreign Bank solvency
Sovereign risk
Legal
Contract enforceability
Goods recoverable
Customs & Tax regulations change
10. Terms Options - Balancing Risk, Cost & Timing
OPEN ACCOUNT
DOCUMENTARY
COLLECTION
LETTER OF CREDIT
CASH IN ADVANCE
11. Cash in Advance, Open Account & Documentary Collections
CIA / Open Account Documentary Collections
Checks, wire transfers, automated Buyers Bank holds documents
clearing house, credit cards, drafts, required for Customs clearance until
money orders, cash payment is made
One party has all the leverage Can ensure release of goods in
exchange for payment
Mitigate risk using a combination of
steps and/or timing Credit risk related to buyer
• Down payment and open Buyer decides whether to pay
account for the balance
Demurrage, spoilage, price changes
• Down payment to secure order and other risks remain with seller
with remainder due at shipment
time Works best with trusted customers
and when geopolitical risk is low
• Full payment due at shipment
time
12. Letters of Credit Explained
Letters of credit work through a Buyer’s Bank substitutes its credit
series of formal agreements worthiness for that of the buyer
• Contract Typically goods cannot be
Seller
• Purchase Order
• Confirmation Buyer obtained by buyer until payment is
made
Credit risk is with buyer’s bank
and country of domicile
Works well for higher risk
• LC Application transactions
• FX & Export Financing • Loan / Collateral
• LC Advice / Confirmation • Documents & Payment
• Documents & Payment • FX & Trade Financing
Seller’s Bank • Correspondents
• Credit Line for
Buyer’s Bank
confirmations
13. Letter of Credit - Pro’s & Con’s for Exporters
Pros Cons
Eliminates buyer credit risk and Guarantee is contingent on strict
ensures prompt payment compliance with terms & conditions
High degree of Exporter control Order fulfillment systems may not
support LC or trade documentation
Confirmations eliminate bank/ requirements, so automation may be
country risk limited
Rules are well defined and Heavy reliance on carriers,
predictable (e.g. subject to UCP600) forwarders and other 3rd parties for
LC compliance
Usance (term) LCs offer cost effective
trade financing option; could be Complexity of LCs and related rules
competitive advantage require high degree of expertise
“Irrevocable” means terms and Visibility limited and monitoring is
conditions can only change if buyer, time consuming
seller and bank agree.
14. L/C Terminology
Issuing Bank
• Buyer selects; establishes loan/credit line to secure LCs
Advising Bank
• Has correspondent relationship with Issuing Bank; authenticates LC and
passes to seller
• Seller selects (communicates in order confirmation LC instructions)
Confirming Bank
• Seller selects; has credit line established for Issuing Bank
Negotiating Bank = Bank that examines your documents & claims funds
(advising or confirming bank)
Reimbursement Bank
• Nominated by Issuing Bank according to offshore account holdings
Applicant = Buyer
Beneficiary = Seller
15. Typical Letter of Credit Parameters
Who, How Much and When Shipping & Goods
Parties involved Partial / Transshipments
Key dates: Port / Airport of departure
LC Issuance
Date & Place of Expiry Port / Airport of destination
Latest date of shipment
Description of Goods
Period for presentation
No need for line item detail
Currency / Amount
Simpler the better!
Availability (e.g. with any bank by
negotiation) Invoice must match LC
description
Tenor
Who pays the Bank charges All other documents must be
consistent
Who pays for shipping & provides
marine insurance
16. LC Parameters – Cont’d
Trade Terms & Documents Additional Conditions
INCO Terms Documents dated prior to LC not
acceptable
Required Documents
Commercial Invoice Special language to appear on
Packing List invoice
Insurance Certificate
Restriction on House Airwaybills
Certificate of Origin
Inspection Certificate Third party documents not allowed
Transport Document
Question: Are there conditions that
make compliance difficult?
Questions: Are the documents and
other terms as requested? Can we
comply?
17. Letter of Credit Process Flow Freight Forwarder
Applicant / Buyer 6 Shipment
Goods 7 Transport Docs
START HERE 1 & 2 Seller / Beneficiary
Purchase Order & Confirmation
12
3 L/C Documents
Application to Buyer 9 5
L/C
Claim
Reimbursing Bank 10
Payment
11
Export Documents
8 LC &
Letter of Credit
Documents
Issuing Bank 4
Advising Bank
18. Common Discrepancies & Implications
Minor Major
Inconsistent spelling of parties’ Letter of credit expired
names on documents Late presentation of documents
Merchandise description on Late shipment
invoice not per LC
Partial or transshipment effected
Documents inconsistent with one contrary to LC terms
another Bills of Lading not clean
Insurance omits coverage required
in LC What happens now?
Insurance issued after ship date Guarantee no longer applies
Documents will be sent on
Bills of Lading not endorsed
“approval”
Fees & Delays
What do we do?
If there is time documents can be
resubmitted with corrections
19. Solutions - People
Maintaining a highly skilled, passionate cross functional team working together to
ensure overall success is fundamental for international growth.
Maintain a working environment
that fosters open communication
& shared accountability
Hire people with international
trade, logistics or trade finance
experience
Invest in ongoing training across
your organization
Consider outsourcing certain
functions as needed
Freight Forwarders
Specialty Providers
Your Partners are part of the
team (e.g. outsource providers &
your Bank)
20. Solutions – Process & Tools
There are a variety of key process steps and tools that can provide the team with
visibility, help address problems proactively and increase the odds of success.
Process: Tools:
Document end-to-end steps & timing; Automate wherever possible
continually improve the process utilizing third party websites
Maintain policies & procedures Maintain & monitor credit limits
and terms systematically
Communicate detailed LC
requirements in order confirmation Provide visibility to order
placement & confirmation activity
to Export Credit
Automatic LC required details on
invoice & other documents
Systematic tracking
• LC balance (amount & quantity)
• LC latest ship date, presentation
period and expiration
• Late payments
21. Alternative Solutions – Outsource Providers
Depending on the size and the nature of your international business, external
providers can act as an extension of your operation or help optimize results.
Freight Forwarders: Specialty Providers:
Serve as travel agents for Minimize risk by providing
international trade expertise & software
May specialize in certain service Reduce costs by accelerating
areas, modes of transport or payments, doing document
markets preparation and avoiding fees
Help transport goods
Can help product flow and
reduce cost (e.g. consolidation of
cargo, routing options)
Need to ensure services fit your
needs and compare prices
22. Group Activity – Mock LC Scenario
The Scenario: We work for NACM Exporters, Inc., makers of exceptional quality
Widgets sold around the world. We recently agreed to fill an order from our
customer, ABC Company in Singapore. The agreed plan is to ship $200K worth of
Widgets per month by vessel for three months for a total of $600K.
Activity:
Review example LC specifics we required in our Pro Forma Invoice
Review LC received differences (highlighted in yellow)
Make the key decision as a group:
Do we release our product for shipment or do we require an
amendment first?
Considerations:
Customer relationship / mutual trust
Policy
Risk trade offs (e.g. inventory, production timing, the sale)
Contingency plans – other buyers?
23. Example Amendment Request
Re: URGENT / LC AMENDMENT NEEDED!
Your PO 12345 / Our Confirmation 678910/ LC no. 123456789 dated Feb. 20, 2012
Dear Mona, (our Customer Contact)
Thank you for your time on the phone this morning and for your understanding and help. As we
discussed, the following amendment is needed in order for us to release your order for shipment.
1. Field 31D - Extend expiration to June 15, 2012
2. Field 59 - Beneficiary’s address changed to read “52 Lois Lane…”
3. Field 43P - Partial shipments are now allowed.
4. Field 44C - Delete latest date of shipment
5. Field 46A - Under documentary requirement 3 Certificate of USA Origin, delete
“/Chamber of Commerce”
6. Field 48 – Delete period for presentation. Add special condition “Documents presented later than
21days after ship date but within the validity of this credit is acceptable.”
Please kindly request these changes with your bank as soon as possible and advise once the
amendment is issued. Once the amendment is received by our bank, we will expedite your order
and inform you of shipping details timely.
Very best regards,
John Smith
Export Credit Manager
32. RISK
MITIGATION
&
BUSINESS
FINANCING
Jeff
Deiss
Regional
Export
Finance
Manager
SBA
Office
of
Interna<onal
Trade
Portland,
OR
www.sba.gov/oit
33. Risk
MiQgaQon
Tools
–
EXPORT
INSURANCE
• Foreign
receivables
insurance
–
public
(Ex-‐Im
Bank)
or
private
providers
• Ex-‐Im
Bank
insurance
on
foreign
A/R
– 100%
against
poli<cal
risk
(foreign
government
ac<on)
– 95%
against
commercial
risk
(buyer
ac<on)
– “Express
Insurance”
–
a
policy
for
small
businesses
with
<
$7.5
MM
in
annual
exports
on
their
export
A/R’s
–
streamlined
coverage
of
foreign
sales
up
to
$300,000
per
buyer;
up
to
10
foreign
accounts
may
be
covered.
– Insurance
may
be
a
lower
cost
alterna<ve
to
L/C
34. Risk
MiQgaQon
Tools
–
FOREIGN
EXCHANGE
(FX)
RISK
• Even
if
your
price
is
in
$’s,
you
are
shi]ing
this
risk
to
the
BUYER
and
affec<ng
your
compe<<veness
• You
want
to
remain
compe<<ve
as
US$
value
moves
against
foreign
currency
• Techniques
– Nebng
– Forward
contract
(hedge)
– Futures
contract
– Currency
op<ons
35. Business
Financing
Tools
–
LOAN
GUARANTEES
• Lender-‐driven
–
lender
makes
&
services
the
loan/line
of
credit;
lender
decides
if
guarantee
is
needed
and
selects
guaranteed
program
to
use
• The
value
of
loan
guarantees
– Insurance
and
incen<ve
for
your
lender
– Enhanced
access
to
credit
for
business
– Enhances
your
borrowing
base
– Lenders
o]en
heavily
discount
their
advance
rate
when
foreign
sales
serve
as
collateral;
a
loan
guarantee
can
overcome
this
–
see
TRADE
FINANCE
GUIDE,
p.
16
36. Business
Financing
Tools
–
SBA
and
EX-‐IM
BANK
• US
SMALL
BUSINESS
ADMINSTRATION
(SBA)
– “Small
business”
– Will
guarantee
loans
up
to
$5
million
– Pre-‐export
and
post-‐export
financing;
general
business
financing
needs
– No
US
content
requirement;
licensed
military
exports
allowed
– Preferred
and
Express
Lenders,
plus
local
lenders
37. Business
Financing
Tools
–
SBA
and
EX-‐IM
BANK
• EXPORT-‐IMPORT
BANK
OF
THE
US
(EX-‐IM
BANK)
– Any
business
size
– No
upper
loan
limit
– Pre-‐export
and
post-‐export
financing
– Export
must
have
majority
US
content;
military
exports
restricted
– Delegated
Lenders
are
primary
users
38. Business
Financing
Tools
–
SBA
LOAN
GUARANTEES
• SBA
InternaQonal
Trade
Loan
(ITL)
– 90%
guarantees
on
term
loans
of
$5
million
or
less
– Working
capital,
equipment,
real
estate,
refinancing
– Financing
for
projects
that
improve
the
compe<<ve
posi<on
of
US
exporter
39. Business
Financing
Tools
–
SBA
LOAN
GUARANTEES
• SBA
Export
Working
Capital
Program
(EWCP)
– 90%
guarantees
on
1-‐3-‐year
revolving
lines
– Up
to
$5
million
– Working
capital
– Financing
for
export
orders
– Pre-‐export
and
post-‐export
40. Business
Financing
Tools
–
SBA
LOAN
GUARANTEES
• SBA
Export
Express
– Similar
to
ITL,
but
streamlined
approvals
– 90%
guarantees
on
loans/lines
up
to
$350,000
– 75%
guarantees
on
loans/lines
up
to
$500,000
– Working
capital,
equipment,
real
estate,
refinancing
– Available
from
SBA
“Express”
Lenders
only
41. Business
Financing
Tools
–
EX-‐IM
BANK
LOAN
GUARANTEES
• EX-‐IM
Working
Capital
Program
– 90%
guarantees
on
1-‐3-‐year
revolving
lines
– No
size
limit
– Working
capital
– Financing
for
export
orders
– Pre-‐export
and
post-‐export