国际支付与结算答案.doc

第一章SWIFT通讯方式（全称，特点，提供的服务）全称：society for worldwide interbank financial telecommunications, a computerized international telecommunications system that, through standardized formatted messages, rapidly processes and transmits financial transactions and information among its members around the world提供的服务Services provided by SWIFT: FIN (Financial Application) IFT (Interbank File Transfer)特点Characteristics of SWIFT: Quick and cheap; Secure and reliable;第二章来账，往账两个账户的情况nostro account: due from account, the foreign currency account of a major bank with the foreign banks abroad to facilitate international payments and settlements.Vostro account: due to account, the account held by a bank on behalf of a correspondent bank.From the point of view of a Chinese bank, a nostro account is our banks account in the book of an overseas bank denominated in foreign currency; and a vostro account is an overseas banks account with our bank denominated in RMB.两个外汇资金的清算体系（美元2个，欧元一个） funds transferring system in ChinaIntra-city transfer between different banks;Intra-bank transfer between different cities;Inter-bank transfers between different cities. USD foreign exchange system: FEDWIRE: a fund transfer system operated nationwide in the USA by the Federal Reserve System to transfer funds from one financial institution to another with an account balance held with the Fed.Real-time gross settlement system: usually operated by central banks, in which each payment order is settled immediately upon its entry into the system in its entire (gross) amount.CHIPS( Clearing House Interbank Payment System): a netting system operated by the New York Clearing House Association. A netting payment system: payment orders debiting the accounts of participants are collected for a certain time period, and then at the end of that time the net position is calculated and cleared for each participant on the basis of the payment orders sent and received. Advantages of netting payment system: lower liquidity requirement that banks need in order to settle payments of a specific value (only the difference between the value of an individual banks incoming and outgoing payments is settled by transferring funds) ; netting systems are more efficient from the point of view of the communications and processing capacity employed.Disadvantages of netting payment system: These systems expose participants to a settlement risk, as they are implicitly giving each other unsecured credit on the basis of payments that are not immediately settled in final terms. Components of CHIPS: Chips participation (CP) and chips universal identifier (CH) Euro foreign exchange systemTARGET: Trans-Europe Automated Real-time Gross Settlement Express Transfer System, a real-time gross settlement system for the Euro, which is composed of 15 national RTGS systems, the ECB payment mechanism and interlinking.National Real-time Gross Settlement, RTGS: Belgium (ELLIPS), Germany (ELS), Greece (HERMES), Spain (SLBE), France (TBF), Ireland (IRIS), Italy (BIREL), Luxembourg (LIPS), Netherlands (TOP), Austria (ARTIS), Portugal (SPGT), Finland (BOF); UK (CHAPS), Denmark (DEBES), Sweden (RIX).EPM( European Central Bank Payment Mechanism)Purposes of TARGET:to provide the payment procedures necessary for implementing the ECBs single monetary policy;to promote sound and efficient payment mechanisms in euro第三章根据SWIFT信用证出具汇票，票据的概念（狭，广）和特点SWIFT INPUT: FIN 700 ISSUE OF A DOCUMENTARY CREDITSENDER : XXXX BANK, NEW YORK, USARECEIVER : ZZZZ BANK OF CHINA, TIANJIN20: DOCUMENTARY CREDIT NUMBER XXXXXXXX27: SEQUENCE OF TOTAL 1/131C: DATE OF ISSUE 02051631D: DATE AND PLACE OF EXPIRY 020915 AT NEGO BANK40A: FORM OF DOCUMENTARY CREDIT IRREVOCABLE51A: APPLICANT BANK XXXX BANK, NEW YORK50: APPLICANT THE ABC TRADE CO. LTD59: BENEFICIARY TIANJIN EXPORT CORP.32B: CURRENCY CODE AMOUNT US DOLLAR20286.8541D: AVAILABLE WITHBYNAME/ADDR ANY BANK BY NEGOTIATION42C: DRAFTS AT 60 DAYS AFTER SIGHT42A: DRAWEE XXXX BANK, NEW YORK43P: PARTIAL SHIPMENT ALLOWED43T: TRANSHIPMENT NOT ALLOWED44A: ON BOARD/DISP/TAKING CHARGE PREVIOUS RIVER44B: FOR TRANSPORTATION TO NEW YORK44C: LATEST DATE 0F SHIPMENT 02082045A: DESCP 0F GOODS AS PER SALES CONFIRMATION NO. 020609, CIF NEW YORK46A: DOCUMENTS REQUIRED +SIGNED COMMERCIAL INVOICES IN TRIPLICATE+FULL SET OF CLEAN ON BOARD OCEAN BILLS OF LADING MADE OUT TO ORDER OF XXXX BANK, NEW ORK, MARKED FREIGHT PREPAID +MARINE INSURANCE POLICY OR CERTIFICATE IN DUPLICATE, ENDORSED IN BLANK FOR 110 PCT OF THE INVOICE VALUE COVERING THE INSTITUTE CARGO CLAUSE A AND WAR RISK +PACKING LIST IN TRIPLICATE +CERTIFICATE OF ORIGIN47A: ADDITIONAL CONDITIONS XXXXXXXX71B: CHARGES ALL BANK CHARGES ARE FOR BENEFICIARYS ACCOUNT48: PERIOD FOR PRESENTATION DOCUMENTS MUST BE PRESENTED IN 14 DAYS AFTER THE DATE OF ISSUANCE OF THE BILL OF LADING BUT WITHIN THE VALIDITY OF THIS CREDIT49: CONFIRMATION INSTRUCTION WITHOUT72: SENDER TO RECEIVER INFORMATION XXXXXXXXX票据概念：Definition of credit instruments： A credit (financial) instrument is a written or printed paper by means of which funds are transferred from one person to another.1. Traditional credit instruments: billsDefinitions：广义in the general sense, documents of title狭义in the narrow sense, bills, negotiable securities with the purpose of payment in money, signed by the issuer, unconditionally paid by the issuer or another person.票据特点NegotiabilityAssignment: share certificate, life policies, certificate of government stock, debenture;Transfer: B/L, warehouse receipt, dock warrants, quasi-negotiable instrument;Negotiation: bills of exchange, promissory notes, checks, CDs, bearer securities, negotiable instrument.Negotiable instrument is a chose in action, the full and legal title to which is transferable by delivery of the instrument with the result that complete ownership of the instrument and all property it represents passes freely from equities to the transferee, providing the latter takes the instrument in good faith and for value.Non-Causative Nature: the efficacy of the instrument is independent on the causes for issuing.Requisite in Form: to be effective, a bill must embody the required items.Presentation: the holder must present the bill to the payer in order to be paid.Restitution哪个单据使用什么转让方式流通转让和过户转让。汇票Bill of Exchange的概念，主要科目和主要行为DefinitionA bill of exchange is 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 specified or determinable future time a sum certain in money to or to the order of a specified person or to bearer. Terms1the word Exchange2an unconditional order in writing3name and addresss of the drawee4drawers signature5date and place of issue6name or business entity of the payee7tenor8place of paymentbehaviors related to bills of exchange 1issuance ;2endorsement .1)blank endorsement: 2)indicative endorsement: 3)restrictive endorsement: 3. presentation or presentment4. Acceptance: If the drawee agrees and assents to the order in writing addressed to him on a bill of exchange, he will sign his name on its face, indicating that he will pay on due date. Then the drawee becomes an acceptor.5. payment6. dishonor and protestDishonor: a failure or refusal to make acceptance on or payment of a draft when presented.Protest: A written statement under seal drawn up and signed by a Notary Public or other authorized person for the purpose of giving evidence that a bill of exchange has been presented by him for acceptance or for payment but dishonored.7.Recourse8.Right of recourse9. Guarantee.10.Discounting.本票，支票的概念以及旅行支票的概念本票promissory notes :a promissory note is an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person or to the bearer.支票check: a check is an unconditional order in writing, addressed by a person to a bank, signed by the person making it, requiring the bank to pay on demand a sum certain in money to or to the order of a specified person or to the bearer. 旅行支票travelers check : a travelers check is a specially printed form of check issued by a financial institution, leading hotels, and other agencies in preprinted denominations for a fixed amount to a customer for use when he is going to travel abroad. A travelers check is actually a draft on a bank or other agency.第四章单据和信用证Commercial invoice Definition A commercial invoice is the key accounting document describing the commercial transaction between the buyer and the seller, which gives details of the goods, service, price, quantity, settlement terms and shipment.Functions：It is a bill or record of transaction between seller (shipper) and buyer (recipient), listing a complete description and sale price of the goods, the name and addresses of shipper, recipient, and buyer (if not the recipient), and if possible, purchase order or reference numbers for the transaction. The commercial invoice is the basis for the importers Customs identification, classification, duty/tax assessment, and final approval of entry of the goods. In the absence of a separate contract of sale , the invoice will take on added importance as the confirmation of the terms of the arrangements between the parties. In the absence of a separate bill, the importers or the issuing bank will make payments according to the invoice. The commercial invoice is the basis for exporters to collect and record. The commercial invoice is the basis for the exporters foreign Customs identification, classification, duty/tax assessment, and final approval of delivery of the goods. 特殊形式的商业发票使用背景Commercial invoicecustoms invoice: prepared by exporter for the importing customs to ascertain the original price and avoid dumping.consular invoice: an invoice covering a shipment of goods certified in the country of export by a local consul of the country for which the merchandise is destined. legalized invoice: similar to consular forma invoice: a predecessor of commercial invoice.sample invoice: for the importer to apply for tax reduction or exemption when importing samples of goods.13个价格术语的规定：Group E: EXW, or EX Works means that the seller makes the goods available to the buyer at the sellers own premises.Group F: main carriage unpaid, including:FCA, Free Carrier (named place), title and risk pass to the buyer including transportations and insurance costs when the seller delivers goods cleared for export to the carrier nominated by the buyer at the named place.FAS, Free Alongside Ship (named port of shipment), title and risk pass to the buyer including payment of all transportation and insurance cost when the goods are placed alongside the vessel at the named port of shipment by the seller;FOB, Free on Board (named port of shipment), title and risk pass to buyer including payment of all transportation and insurance cost when the goods pass the ships rail at the named port of shipment.Group C, main carriage paid, including:CFR, Cost and Freight (named port of destination), the seller pays the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer;CIF, Cost, Insurance and Freight (named port of destination), the seller has to procure insurance and pay the insurance premium in the name of the buyer;CPT, Carriage Paid To (named place of destination), title, risk and insurance cost pass to the buyer when the seller delivers the goods to the carrier nominated by him and pays transportation cost to the named destination;CIP, Carriage and Insurance Paid To (named place of destination), the seller has to procure insurance during the carriage.Group D, arrival of the goods, including:DAF, Delivered At Frontier (named place), title, risk and responsibility for import clearance pass to buyer when goods are placed at the disposal of the buyer at the named point and place at the frontier;DES, Delivered Ex Ship (named port of destination), title, risk and responsibility for vessel discharge and import clearance pass to buyer when the goods are placed at the disposal of the buyer on board the ship at the named port of destination;DEQ, Delivered Ex Quay (named port of destination), title and risk pass to buyer when goods are placed at the disposal of the buyer not cleared for import on the quay at the named port of destination;DDU, Delivered Duty Unpaid (named place of destination), the seller delivers the goods to the buyer, not cleared for import, and not unloaded from any arriving means of transport at the named place of destination;DDP, Delivered Duty Paid (named place of destination), the seller delivers goods to the buyer, cleared for import, and not unloaded from any arriving means of transport at the named place of destination.提单的概念和特点提单bill of lading (B/L)： A bill of lading is a document issued by a carrier to a shipper, signed by the captain, agent, or owner of a vessel, providing written evidence regarding receipt of the goods, the conditions on which transportation is made, and the engagement to deliver goods at the prescribed port of destination to the lawful holder of the bill of lading.特点Characteristics： 1 Requisite in form; 2 Written document;3 Transferable documents; 4 Documents to deal with goods;5 Documents with value功能Functions：A receipt of goods from the shipping company to the exporter; Evidence of the transport contract for carriage between the exporter and the carrier; Document of title.提单的分类（各种英文表示和中文翻译）Classifications1装运提单和收受待运提单 shipped on board B/L & received for shipment B/L shipped on board B/L: a B/L issued only after the goods have actually been shipped on board the vessel; received for shipment B/L: a B/L issued to acknowledge receipt of shipment before cargo loading or before official original bill of lading is issued. 2 清洁提单和不清洁提单clean B/L & unclean B/L清洁提单Clean B/L: a B/L in which there is no indication of damage to the goods and packaging;不清洁提单Unclean B/L: a B/L in which there is indication of damage to the goods or packaging.3 收货人记名提单和不记名提单和记名提单straight B/L, open B/L (blank B/L) & order B/L Straight B/L: a non-negotiable B/L which indicates the carrier will deliver the goods to the consignee. open B/L: a B/L which indicates no specific consignee and the goods will be delivered to anyone who holds the B/L; order B/L: a title document to the goods, issued to the order of a party, usually the shipper, whose endorsement is required to effect the negotiation.4 直达提单和转运提单和联运提单direct B/L, transshipment B/L, through B/L direct B/L: issued when goods are shipped from the port of loading directly to the port of discharge without transshipment; transshipment B/L: issued when the goods are transferred from one ship to another at a named transshipment port; (article 23 b, c) 联运提单through B/L: the carriage of goods from the port of loading to the place of destination are taken by two or more than two carriers, and the bill of lading to cover the entire carriage is issued by the first carrier.5 班轮提单和租船合约提单liner B/L & charter party B/L Liner B/L: a B/L which indicates that goods are being transported on a ship that travels on a scheduled route and has a reserved berth at destination; charter party B/L: a B/L issued by the hirer of a ship to the exporter, subject to the contract of hire between the ships owner and hirer.6 全式提单和简式提单long form B/L & short form B/L short form B/L: a B/L that doesnt contain the full details of the contact of the carriage on the back.7 倒签提单和预借提单和过期提单anti-dated B/L, advanced B/L & stale B/L 倒（要）签提单 anti-dated B/L: according to the request of shipper, the carrier signs a B/L in which the date of issuance is earlier than the actual date of shipment in order to comply with the requirements of L/C; 预借提单advanced B/L: a shipped on board B/L issued by the carrier when the goods havent been shipped on board. 过期提单stale B/L: a B/L which arrives after the consignment arrives at the final destination. Because the B/L is not available, the goods cannot be handed over to the consignee.保险单据的六个类型1 insurance policy: a document issued by an insurance company, covering the goods being shipped against specified risks during the whole or part of the journey between the seller and the buyer.2 insurance certificate: a document issued to the insured certifying that insurance has been effected and the version of the provisions of the policy is abbreviated.3 combined certificate or risk note: a stamped invoice as an evidence of insurance.4 open policy: an agreement between the insurer and the insured before the goods are shipped in case that the buyer covers the risks lest the insurance might be delayed or missed. 5 insurance declaration: after the goods are shipped, the buyer should report to the insurer the details of shipment in insurance declaration.6 cover note: a document issued to give notice that insurance has been placed pending the production of a policy or a certificate. (article 34 c, d)第五章汇票的概念和类别Remittance definition：（汇款） In international trade, the buyer on his own initiative remits money to the seller th