报关角色扮演.doc

Role Play for Week 13This is a virtual operation of trading involving a process from negotiation of a sales contract till the final delivery of goods.Background: 1. The trade term is CIF. And students have to calculate the suggested market price of your target commodity, say, RICE, in bulk or in bags. And we may decide that 1 kg = 10,000 m/tons.2. Students have to play the different roles in this play. One class performs the side of loading port and another class performs the side of discharging port. And some students from both classes will act as mariners and operators of ship owners to carry out the negotiation of a charter party and carriage of goods from loading port to the discharging port.The name of seller = CN Seatrans (Hong Kong) LtdThe name of buyer = Unite Wealth Enterprises Ltd (Virgin Island)The name of cargo supplier = CN Seatrans Trading Ltd.3. It is up to students to decide what goods to trade and options of loading and unloading ports. But recommended that rice is a good option of goods in this virtual operation.4. A ship to use. The ships name : MV BRIGHT FUTUREMV is the abbreviation of Motor Vessel5. AThe procedures are as follows:Step One （Negotiation of a Sales Contract）Participants: 1. Seller2. Buyer3. Cargo SupplierProcedure:1. The buyer (Unite Wealth)gives an enquiry of purchase of rice from seller and the seller (CN Seatrans HK) returns with an offer, giving the information of a trade term, including:a. Unit priceb. Weight or measurec. A name of destination (port of discharge) or a name of shipping place (port of loading)d. Insurance to applye. Trade terms and conditionsBoth the buyer and seller may discuss according to the provisions of the sales contract.See Appendix 1 = a sales contract2. When the terms and conditions are concluded, both the seller and buyer will sign the sales contract in the classroom. Of course, students may arrange another back-to-back contract to conclude between the seller and the cargo supplier.Remarks: 同学们模拟签订合同的环节，需要注意的是：一、 卖方在答复买方时，需要与货物的供应方（cargo supplier）协商价格和交货条件；二、 附件一的合同是同学们谈判的依据，可以根据合同逐条谈判;三、 同学们还可以模拟签订一份由卖方与货物供应方的背靠背贸易合同，所谓背靠背，即除了交货价格外，该合同与卖方与买方的合同的主要条款是一致的。Step Two (Opening of L/C)Participants: 1. Buyer (Applicant)2. Issuing Bank3. Advising Bank4. Seller (Beneficiary)Procedures:1. The buyer appoints his local bank in the place of cargo destination to open/issue a Letter of Credit in favor of the seller. 2. The local banker issues a L/C and delivers the L/C to the advising bank in the discharging place. And the advising bank in the discharging place delivers the L/C to the seller, making the seller confident to begin operation. If the L/C does not meet the requirement of the sales contract, the buyer has to amend the L/C. See Appendix 2 = L/CRemarks: 同学们应检查银行开立的信用证的内容是否与贸易合同一致，如果不一致的，信用证需要重新开立。应注意：一、 信用证的内容必须与贸易合同一致，但并不需要标点符号都一致；二、 信用证的审单要求是信用证必须与正本提单的记载内容完全一致，包括标点符号。Step Three (Preparation of goods and chartering of a proper ship)Participants:1. Seller (Charterer)2. Cargo Supplier3. Operators of the ship owner (carrier)4. Operators of the loading portProcedures:Part OneUpon receiving the Documentary Credit, the seller must immediately instruct the cargo supplier to prepare the contractual quality and quantity of the goods for shipment.Part Two1. Upon receiving the Documentary Credit, the seller must immediately look for a proper ship to effect loading according to the shipment date of the sales contract.2. The seller has to negotiate with the operators of the ship owners (the carrier) to confirm the wordings of the GENCON charter party.The seller will sign and conclude the GENCON with the operator of the ship owner in the classroom.Part ThreeThe cargo supplier delivers the goods to the warehouses of the loading port at least 15 days before the arrival of the loading vessel.See Appendix 3 = GENCON (charter party)Step Four (Cargo surveying)Participants:1. Seller2. CCIB surveyors (inspectors)Procedures:1. The seller fills in 出口报检单 to apply to the local CCIB to inspect the cargo quality and quantity. The CCIB inspectors have to weigh the goods and test the quality of the goods.2. If the quality meets the specification stipulated in the sales contract, the CCIB inspector will issue：a. Certificate of Quality (Analysis);b. Certificate of Weight (Quantity);c. Certificate of Packingd. Port Clearance for Export Commodity (出口通关单)3. And the seller applies to the local CCIB to issue a Certificate of Origin, stating the goods are China origin.4. The seller has to make other documents:a. Packing List/Weight Memob. Commercial Invoicec. 出口报检单 (for application for cargo inspection)See Appendix 4 = Certificate of QualityAppendix 5 = Certificate of OriginAppendix 6 = Certificate of PackingAppendix 7 = Certificate of WeightAppendix 8 = Packing List/Weight Memo (if required)Appendix 9 = Commercial InvoiceAppendix 10 = 出口报检单Step Five (Pre-arrival of the vessel)Participants:1. Master and crew of MV BRIGHT FUTURE2. Seller (charterer)3. Shipping Agency in loading port.Procedures:1. The Master of the Bright Future sends ETA notice to the charterer and shipping agency in loading port.The message writes:To: Shipping AgencyTo: ChartererFrom: Master-Bright FutureDate: dd,mm, 2015Dear Sir/Madam,ETA Zhanjiang P/S 1200LT XXth May,2015 (AGW/WP). Will keep you posted.B.rgdsCapt. XXXX（students English given name + family name）MV Bright Future2. The vessel is heading for the loading port to meet the laycan (layday and cancelling date)Remarks:一、 英文缩写解释：ETA = estimated time of arrivalP/S = pilot station （引航站）1200LT = 12:00 hours local time (当地时间12点)AGW = All going wellWP = weather permittingB.rgds = best regardsCapt. = Captain二、 船长应将电报发送给卖方（租船人）、船东，并自己保留一份电报副本三、 船长必须在租船合同规定的受载时间内到达装货港，并在航行途中组织船员清洗货舱，确保货舱干净、无杂物、无残留的洗舱水，准备在装货前接受商检人员查验货舱（inspection of ships holds）Step Six (Booking of the goods订舱 + Insurance)Participants:1. Seller2. Shipping Agency in loading port3. InsurerProcedures:1. The seller approaches the shipping agency for booking of the goods.2. The seller issues and enters the Booking Note to the local shipping agency.3. And the loading port shipping agency issues a set of shipping order (S/O) against the booking note offered by the seller.4. The loading port shipping agency informs the loading port Customs House:a. the time of the ships ETA in loading port;b. the ships name and ships particulars and ships voyage numberc. the cargo description and weight, quantity, packing condition (in bulk or in bags)d. declares and delivers an Export Manifest to the loading port Customs House.e. receives a confirmed number of export manifest from the loading port Customs House.（海关电脑系统自动生成的舱单号）5. The seller comes to the insurer to conclude an Insurance Policy against commercial invoice and the Sales Contract. Because the cargo has not been loaded and the set of original bills of lading is not available, the Insurance Policy is called an Open Cover or Open Policy（预约保险单）.See Appendix 11 = Booking NoteAppendix 12 = Shipping Order (Mates Receipt)Appendix 13 = Export ManifestAppendix 14 = Open Cover (Open Insurance Policy)Step Seven (Customs declaration)Participants:1. Seller2. Customs OfficersProcedures:1. The seller goes to the Customs House for declaration.2. Documents required for the Customs declaration:a. The Sales Contractb. Commercial Invoicec. Certificate of Weightd. Certificate of Qualitye. Certificate of Packingf. Customs Declaration Form for Export (出口报关单)g. 出口通关单（Port Clearance for Export Commodity）3. When Customs Formalities are cleared, the Customs officers will sign “放行” and stamp on the front page of Shipping Order. (注：Shipping Order的第三联“Mates Receipt”不需交海关，待装货完成后交船上的大副签字确认装货量和装货日期)See Appendix 15 = 出口报关单Appendix 16 = 出口通关单Step Eight (Arrival of the ship)Participants:1. Seller (shipper)2. Master and crew of MV BRIGHT FUTURE3. Ships cargo hold inspectors (CCIC)4. P & I representative Procedures:1. The seller must be ready for loading. It means:A: the contractual goods have been in the loading port under the custody of the loading port Customs House; B: the documentation for the shipment is ready.2. The vessel MV BRIGHT FUTURE calls into the loading berth. And the operators of the loading port receive the vessel into their berth and accommodate the vessel. (And the ships port formalities are granted.*不做详细介绍)3. When the vessel is granted for loading, seller send cargo inspector on board the vessel to inspect the cargo holds, making sure the holds are clean and dry and are cargo-worthy for rice. After the inspection of the holds, the inspector issue a certificate of holds inspection.4. P & I representative attends the ships operation as a supervisor. See Appendix 17 = Certificate of Hold InspectionStep Nine (Loading)Participants:1. Seller (shipper)2. Operators and stevedores of the loading port3. P & I representative4. Tally (if required)5. Master6. Chief Officer and crew7. CCIB surveyors (inspectors) 8. Customs Officers9. Cargo supplier, if required.Procedures:1. Chief Officer delivers a stowage plan to the operators of the loading berth (port) and shipper.2. Stevedores of the loading port load the goods into the ships cargo holds.3. During loading, the ships Chief Officer has to work with tally or CCIB surveyors to make sure the exact quantity or weight of the goods loaded on board, which is final turn-out figure.4. The weighing is carried out by shore scale. (The weighing of cargo can be carried out by draft survey or by shore scale.)5. After completion of loading, the seller will write the final turn-out figure and the date of the shipment in the Shipping Order and Mates Receipt.6. And the Chief Officer will check the Shipping Order and Mates Receipt and sign them. The Chief Officer keeps the Shipping Order.7. Master contacts with operator of the ship owners to confirm the freight has been received. If the payment of freight is in order, Master will claim the Mates Receipt from the seller and sign and issue the Original Bills of Lading to the seller.8. And the vessel with Master and his crew on board leaves for the discharging port.SeeAppendix 18 = Stowage PlanAppendix 19 = Shipping Order and Mates Receipt (See Appendix 12)Appendix 20 = Tally Certificate Appendix 21 = Cargo Weight Survey RecordAppendix 22 = Original Bill of LadingAppendix 23 = Non-negotiable Bill of LadingStep Ten (Insurance and Negotiation of Bills of Lading)Participants:1. Seller2. Insurer3. CCIB surveyors4. Negotiating BankProcedures:1. The seller delivers a photo-copy of original bill of lading to the insurer for issuance of Original Insurance Policy.2. CCIB surveyors issue Certificate of Weight (Quantity) according to the final turn-out figure.3. Seller issues Bills of Exchange (two copies).4. Seller delivers the full set of cargo documents according to the stipulation in the L/C to the negotiating bank for advance payment of cargo value.5. The banker has to examine very carefully the conformity between the provisions of the L/C and the content of the cargo documents.6. If both match, the banker advances money to the seller.7. The cargo documents normally include:a. A set of Original Bills of Lading, duly endorsed by sellerb. A set of Certificate of Weight (Quantity)c. A set of Certificate of Quality (Analysis)d. A set of Certificate of Origine. A set of Certificate of Packingf. A set of Commercial Invoice (Provisional Invoice)g. A set of Bills of Exchange (2 copies), issued by sellerh. A set of Insurance Policy, duly endorsed by seller8. If all documents are in conformity, the banker endorse on the Bills of Exchange.9. The banker separates the cargo documents into three postal mails and sends them by express courier to the issuing bankSee Appendix 24 = Bills of ExchangeAppendix 25 = Original Insurance PolicyStep Eleven (Banking Business between the Negotiating Bank and Issuing Bank)Participants:1. Negotiating Bank2. Issuing Bank3. Express Courier4. Buyer5. Shipping AgencyProcedures:1. The banker separates the cargo documents into three postal mails and sends them by express courier to the issuing bank2. The issuing bank receives the three mails and informs the buyer the availability of the cargo documents and examines the content of ALL documents to verify the conformity with the L/C requirement.3. If the documents are in conformity, the issuing bank informs the buyer to reimburse the cargo documents.4. The buyer reimburses the cargo documents, including Original Bills of Lading and Insurance Policy.5. The buyer possesses the Original Bill of Lading.6. The buyer informs the shipping agency that the buyer has received the Original Bill of Lading for claiming possession of the goods shipped on board MV BRIGHT FUTURE.Step Twelve (Arrival of the vessel at discharging port)Participants:1. Master2. Shipping Agency in discharging port3. BuyerProcedures:1. The Master of the Bright Future sends ETA notice to the shipping agency in discharging port.The message writes:To: Shipping AgencyFrom: Master-Bright FutureDate: dd,mm, 2015Dear Sir/Madam,ETA Zhanjiang P/S 1200LT XXth May,2015 (AGW/WP). Will keep you posted.B.rgdsCapt. XXXX（students English given name + family name）MV Bright Future2. When the ETA notice is given to the shipping agency, the agency must inform the buyer the expected arrival time of the vessel immediately.3. The vessel is heading for the unloading port.Remarks:英文缩写解释：ETA = estimated time of arrivalP/S = pilot station （引航站）1200LT = 12:00 hours local time (当地时间12点)AGW = All going wellWP = weather permittingB.rgds = best regardsCapt. = CaptainStep Thirteen (Shipping agency to declare the vessel and the cargo to the Customs)Participants:1. Shipping Agency at discharging port2. Customs House at discharging port3. Buyer4. Cargo surveyors at discharging portProcedures:1. The shipping agency declares the ships ETA notice and the cargo and quantity to the local Customs.2. The shipping agency declares and delivers the Import Manifest to the local Customs.3. The buyer declares the cargo and quantity to the local cargo surveyors at discharging port for performance of cargo weighing and inspection.See Appendix 26 = Import ManifestAppendix 27 = 进口报检单Step Fourteen (Arrival of the vessel and discharging of the cargo)Participants:1. Master and the crew2. Shipping Agency3. Operators of the discharging port4. Buyer5. Cargo surveyor (or Tally)Procedures:1. Buyer presents the Original Bill of Lading to the shipping agency.2. The vessel calls into the discharging berth.3. The shipping agency presents the Original Bill of Lading to Master for permission to discharge and requests Master to write a receipt of the O.B/L. (to carry out the carriers obligation of cargo delivery against presentation of O.B/L)4. The operators of the discharging port carry out cargo discharging into the warehouses.5. Cargo surveyors inspect the cargo while it is being discharged.6. The weighing of the cargo is carried out after discharging by shore scale. (Weighing of cargo can be carried out by draft survey or by shore scale.)7. After discharging, the vessel departs from the discharging port.8. After discharging, the cargo surveyors issue a record of cargo weighing.9. After discharging, the cargo surveyors test the quality of the cargo to verify the quality meets the specification stipulated in the sales contract. 10. The cargo surveyors issue Certificate of Quality and Certificate of Weight (Quantity).SeeAppendix 28 = Record of Cargo WeighingAppendix 29 = Certificate of Quality (discharging port)Appendix 30 = Certificate of Weight / Quantity (discharging port)Step Fifteen (Customs declaration and cargo survey)Participants:1. Buyer2. Shipping Agency 3. Customs Officers4. Cargo surveyorsProcedures:1. The buyer comes to the shipping agency for Delivery Order (D/O).2. The shipping agency issues Delivery Order (for Customs declaration and cargo release).3. The cargo surveyors issue Certificate of Quality and Certificate of Quantity (Weight).4. The buyer declares the cargo to the Customs against the following documents:a. Delivery Order (报关联);b. Customs Declaration Form for Import(进口报关单)c. The Sales Contractd. Commercial Invoicee. Certificate of Weight/Quantity (of both the loading and discharging ports)f. Certificate of Quality (of both the loading and discharging ports)g. Certificate of Originh. Certificate of Packing.5. When the Customs clearance is granted, the Cust