国际贸易实务双语教程(第三版)unit 11.ppt

1、,国际贸易实务双语教程（第三版）,(INTERNATIONAL Business Practice),清华大学出版社,支付,Chapter 11 Payment,Section One Instruments of Payment in International Trade,Section Two Modes of Payment in International Trade,Main Points in Unit 11,Introduction,In international trade, how and when an exporter receives payment for the

2、 goods he sends abroad are problems that concern him the most. Payment in domestic trade is a fairly simple matter. It can be made either in advance or within a reasonably short period after delivery. However, these problems are magnified many times in international trade. Much time is unavoidable l

3、ost in correspondence, dispatch and delivery.,Who is liable for this loss? Must the seller wait perhaps six months for his money or shall the buyer pay several months before he even sees his goods? Whats more, in a case of non-payment, the seller will be involved in expensive legal action and possib

4、ly total loss. Because of these problems, different methods of payment have been adopted in international trade. Generally, in every contract for the sale of goods abroad, the clause dealing with the payment of the purchase price consists of four elements: time, mode, place, and currency of payment.

5、,What should be understood in this unit,1 Instruments of Payment Currency Bills Draft Promissory Note Cheque 2 Modes of Payment Remittance Collection L/C 3 Payment Clause in S/C,Section One Means of Payment in International Trade,In international trade, the most frequently used means of payment incl

6、ude currencies and bills. The former is used for account, settlement and payment; the latter for settlement and payment. In practice, sellers of goods, in general, almost never insist on their rights to demand cash for payment, but readily take certain bills, such as bill of exchange(draft), promiss

7、ory note and cheque (check) for substitutes, among which draft are widely used.,Draft is an unconditionally written order drawn by the drawer for the money to be paid by the drawee (payer) Drafts are negotiable instruments and may be sold. Promissory Note is a written and signed promise to pay a sta

8、ted amount of money to a particular person. Cheque is a written order to a bank to pay a certain sum of money from ones bank account to another person The payer of a check is the drawer of the check.,1) Definition of Bill of Exchange A bill of exchange, also called draft, is defined as “an unconditi

9、onal 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 fixed or determinable future time, a sum certain in money, to, or to the order of a specified person, or to bearer”. The operation process

10、 of draft includes: to draw, presentation, acceptance, payment, endorsement, dishonor and recourse. Drafts are negotiable instruments and may be sold. （P261）,Bill of exchange,Draft,Definition,Contents,Kinds,Use,Samples of bills,No. 1022 $ 20,000 London, 10th March, 2009-3-19 On demand pay to Bill Gr

11、een or bearer the sum of USD Twenty Thousand only. (Signed) Tom White To: Mr. David Smith New York,Samples of bills,Samples of bills,No: 123/67 Exchange for $ 8000 Guangdong, China, 5th March, 2006 At 60 days sight of this First of exchange (the SECOND of the same and date being unpaid) pay to or to

12、 the order of Guangzhou ABC Import and Export Corporation the sum of USD eight thousand only. To: ABC Import and Export Co. Ltd 23 Washington Street New York, USA Guangzhou ABC Import and Export Corporation Manager(Signed),BILL OF EXCHANGE No._ For At _ sight of THIS SECOND BILL of EXCHANGE (first o

13、f the same tenor and date unpaid) pay to_or order the sum of Value received and charge the same to account of _ _ Drawn under_ L/C No._dated_ To._ _,汇票 BILL OF EXCHANGE No. 汇票编号 Date: 出票日期 For: 汇票金额 At 付款期限 sight of this second of exchange (first of the same tenor and date unpaid) pay to the order o

14、f 受款人 the sum of Drawn under 出票条款 L/C No. Dated To. 付款人 出票人签章,1) Content of Bill of Exchange (draft),(1)An unconditional order in writing (2)Addressed by one person/party (the drawer) In A: Tom White In B: Guangzhou ABC Import and Export Corporation (3)To another (the drawee) In A: David Smith, New

15、York In B: A b) At days after date if draft, such as “90 days after date of this draft”; c) at fixed date in the future, such as “On May 12, 2006”.,(3). Sight (or Demand) Bill and Time (or Usance) bill,(4). Commercial Acceptance Bill and Bankers Acceptance Bill In time or usance commercial bill, whe

16、n the drawer is a commercial firm and the drawee is another commercial firm, the bill after acceptance by the commercial firm or the drwee is called a commercial acceptance bill; when the drawee is a commercial firm or bank and the drawee is a bank, the bill after acceptance by the bank or the drawe

17、e is called a bankers acceptance bill.,Kinds,Whether documentary,Dead time of payment,Drawer,Acceptance,Clean bill,Documentary bill,Sight bill,Usance bill,Commercial bill,Bankers bill,Commercial Acceptance bill,Bankers Acceptance bill,use,draw,presentation,acceptance,payment,汇票图样,中国建设银行汇票样本,中国工商银行转帐

18、支票票样,4) Use Bill of Exchange in Foreign Trade,A bill of exchange (draft) is an order to pay. It is made out by an exporter and presented to an importer, usually through a bank. It may be payable immediately on presentation (a sight or demand draft), or so many days after presentation ( a time draft)

19、. In the latter case, the drawee writes “ Accepted” across it and signs his name. The exporter can then get immediate payment by discounting the draft and supplying a letter of hypothecation. If a time draft is not honored at maturity, it will be noted and protested by a Notary Public, and represent

20、ed the drawee. Such a draft, and the corresponding payment terms, “Documents against Acceptance”, obviously involve risk to the exporter or his bank.,(1). To draw To draw is to fill up by the drawer the particulars in a bill of exchange the date of drawing, the name of the drawee, the time and amoun

21、t of the payment, etc. The draft is signed by the drawer and then sent to the payee. There are three kinds of ways to fill up the payee: * Restrictive payee, such as payCo. only, pay Co. not transferable; * To order, such as pay Co. or Order or Pay to the Order of Co. This type requires endorsement

22、when transferable. * To bearer, such as pay bearer. This type requires no endorsement.,(2). Presentation The act of taking the bill to the drawee and demanding that he make the payment or accept the bill is known as presentation. For a sight bill, payment should be made at the same time when the pre

23、sentation is made, and for a tile bill, the drawee is required to accept the bill when the bill is presented to him.,(3). Acceptance The formal act whereby the drawee adopts the bill as his own obligation is known as acceptance. Acceptance is the written signification by the drawee of his assent to

24、the order of the drawer. This is accomplished in the regular manner by writing the word “Acceptance”, with the date and the signature of the drawee, across the face of the bill. When the bill is accepted by the drawee, he is then known as an acceptor.,(4). Payment Under a sight bill, the drawee is r

25、equired to make the payment when the bill is presented to him while for a time bill, the drawee is required to accept the bill when the bill is presented to him and make the payment at the maturity of the bill. When paid, the bill is retained by the payer while the receipt is made and signed by the

26、holder of the bill.,(5). Endorsement The bill of exchange is negotiable and transferable as the payee on most bills is to “to the order of”. Negotiation and transfer is effected with endorsement. If the payee on the bill is to “to the bearer”, then negotiation and transfer is done with mere delivery

27、 of the bill. Endorsement is done when the payee has signed his name on the back of the bill with or without additional words conveying instructions or qualifying liability. Generally speaking, there are three main endorsements, namely special, blank, restrictive.,Restrictive Endorsement The endorse

28、r may write clearly on the upper part of the signature on the back of the bill the endorsee with restrictive conditions. A restrictive endorsement is one which limits the bill for further negotiation, such as “Pay only” or “Pay non-transfer”. Once the bill is restrictively endorsed, it cannot be tra

29、nsferred any more. Demonstrative Endorsement A demonstrative endorsement is one which specifies the person to whom, or to whose order, the bill is to be payable, such as “Pay or to order of”.,Blank Endorsement A blank endorsement, or endorsement in blank, is one which specifies no payee. The effect

30、of a blank endorsement is to make the bill payable to bearer and to make delivery and without additional endorsement. The bearer or holder of a bill so endorsed may sometimes required, however, to place his endorsement upon it at the time of making a further negotiation.,Some Expressions used in Dra

31、ft,汇款/寄钱 to remit/to send money 寄票供取款/支票支付 to send a cheque for payment 寄款人 a remitter 收款人 a remittee 国外汇票 foreign Bill 国内汇票 inland Bill 跟单汇票 documentary bill 空头汇票 accommodation bill 原始汇票 original bill 改写/换新票据 renewed bill,即期汇票 sight bill/bill on demand 见票后. 日付款 . days after sight/. days sight 见票后.

32、月付款 . months after sight/. months sight 同组票据 set of bills 单张汇票 sola of exchange/sole of exchange 远期汇票 usance bill/bill at usance 长期汇票 long bill 短期汇票 short bill 逾期汇票 overdue bill 宽限日期 days of grace,drawn clauses 出票条款（注：即出具汇票的法律依据） (1)all drafts drawn under this credit must contain the clause “Drafts

33、drawn Under Bank ofcredit No.dated” 本证项下开具的汇票须注明“本汇票系凭银行年月日第号信用证下开具”的条款 (2)drafts are to be drawn in duplicate to our order bearing the clause “Drawn under United Malayan Banking Corp.Bhd.Irrevocable Letter of Credit No.dated July 12, 1978” 汇票一式两份，以我行为抬头，并注明“根据马来西亚联合银行1978年7月12日第号不可撤销信用证项下开立”,(3)dra

34、ft(s) drawn under this credit to be marked：“Drawn underBank L/C No.Dated (issuing date of credit)” 根据本证开出得汇票须注明“凭银行年月日（按开证日期）第号不可撤销信用证项下开立” (4)drafts in duplicate at sight bearing the clauses“Drawn underL/C No.dated” 即期汇票一式两份，注明“根据银行信用证号，日期开具” (5)draft(s) so drawn must be in scribed with the number

35、and date of this L/C 开具的汇票须注上本证的号码和日期 (6)draft(s) bearing the clause：“Drawn under documentary credit No.(shown above) ofBank” 汇票注明“根据银行跟单信用证号（如上所示）项下开立”,Exercise 1,A. Read the bill of exchange below and answer questions. TWO COPIES No. 80W5069-2 Date: 4th DEC. 2008 EXCHANGE FOR USD63,162.00 At 90 DA

36、YS sight of this FIRST OF EXCHANGE (second of the same tenor and date unpaid) pay to the order of OURSELVES the sum of _Value received Draw under LC No. 314955B OF 1ST AUG. 1999 ISSUED BY YOURGOODSELVES TO HORNER HENAN NATIVE PRODUCE & ANIMAL TRUST CO. BY-PRODUCTS IMP. & EXP. CO. PITTSBURG _ MANAGER

37、,1. Who is the drawer/drawee? i.e. who is paying whom? 2. On which day was the draft drawn? 3. Is the Bill in sola (one copy) or two? 4. How much money is involved? 5. This bill only shows the sum of money is figures. Can you write out the same amount in words? Where do you write it . 6. In a bill o

38、f exchange, the places of the sender and the receiver are fixed. Where are they respectively? How long is this bill valid? According to the bill, what is the mode of payment used? 9. What do the following abbreviations stand for? USD_ No._ LC_ CO._,A. Read the bill of exchange below and answer quest

39、ions. 1. Drawer: Henan native produce Drawee: Hanover Trust Co. 2. 4th DEC, 1999 3. two copies 4. US$63,162.00 5. Unite States Dollars Sixty Three Thousand One Hundred And Sixty Two Only 6. The senders place is on the bottom right and the receivers is on the bottom left. 7. 90 days 8. LC 9 US dollar

40、s, number, letter of credit, company,Key,B. Figures and words Checks, bills and receipts often contain sums of money in two form: figures and words. Spell out the following figures. 1. 100.00_ 2. US$89.50 _ 3. ￥868,000.00_ 4. STG234.4s.3p _ 5. DM590.00 _,Exercise 2,Key: Figures and words 1. One Hund

41、red Pounds Sterling Only 2. Eighty-nine Dollars and Fifty Cents Only 3. Yen Eight Hundred and Sixty-eight Thousands Only 4. Two Hundred and Thirty-four Pounds, Four Shillings, and Three Pence Only 5. Deutsche Mark Five Hundred and Ninety Only,Promissory Note 本票,A promissory note is an unconditional

42、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, or to the order, of a specified person or to bearer. The main difference between a promissory note and a draft lies in that there are th

43、ree parties, namely drawer, drawee and payee involved in a draft but only two, drawer and payee in a promissory note. The party of promissory note is the drawer himself. （P270）,本票样本,Cheque (Check),A check is an unconditional order in writing drawn on a banker signed by the drawer, requiring the bank

44、er to pay on demand a sum certain in money to or to the order of a specified person or to bearer. The payer of a check is the drawer of the check A cheque drawn on a bank overseas cannot be readily negotiated by the exporter If the exporters bank were prepared to negotiate it for him then he would r

45、eceive payment right away but at the cost of the discountFailing this the exporter would have to ask his bank to collect the cheque for him and this would be both timeconsuming and relatively expensive（P270),中国建设银行现金支票样本,Section Two Modes of International Payment,支付方式从资金的流向与支付工具的传递方向划分，可分为顺汇和逆汇。汇付采用

46、顺汇，托收采用逆汇。,Remittance汇付（272） (一） Definition & Involved Parties汇付的含义及当事人 1、Definition汇付的含义 2、Involved Parties汇付的当事人 Remitter汇款人 Payee收款人 Remitting Bank汇出行 Paying Bank汇入行或解付行,Remittance汇付,M/T信汇 Mail transfer,T/T电汇 Telegraphic transfer,票汇D/D Demand Draft,Remittance,Definition,Kinds,T/T,M/T,D/D,托收（Colle

47、ction）（273） （一）Definition & Classification Definition：（273） Classification： 光票托收（Clean Collection）（273） 跟单托收（Documentary Collection）（274） （二）Parties Involved,Collection,Definition,Kinds,Clean collection,Documentary collection,D/P,D/A,D/P sight,D/P atdays after sight,Documentary Collection跟单托收,Export

48、er,Importer,Bank in Export Country,Bank in Import Country,（1）S/C,（2）Make delivery,（3）Draft,（4）,（5）,（6）,（7）,（8）,Principal,Payer,Remitting bank,Collecting Bank,D/P at sight: The buyer shall pay against draft and documentary drawn by the seller at sight and gain the documentary.,Payer (Importer),Princi

49、pal (Exporter),Collecting Bank,Remitting Bank,1,6,4,3,2,5,D/P atdays after sight: The buyer shall duly accept the documentary draft drawn by the seller upon first presentation and make payment when expire.,Payer,Principal,Collecting Bank Notifying Bank,Remitting Bank,1,8,2,7,3,4,5,6,付款人 （进口人）,委托人 （出

50、口人）,代收行,合同规定付款交单方式,2.寄交托收指示书、汇票货运单据,1 装货，填写托收委托书，开立汇票，跟单交付,托收行,3 按委托书指示向买方提示汇票和单据,4 审单无误后付款,5 付款后代收行交单,6.办理转帐并通知款已收妥,7 交款,付款交单（document against payment, D/P）,即期付款交单 （D/P at sight）,远期付款交单 （D/P after sight）,付款人 （进口人）,委托人 （出口人）,代收行,合同规定承兑交单方式,2.寄交托收指示书、汇票、货运单据,1 装货，填写托 收委托书，开立汇票，跟单交付,托收行,3按委托书指示向买方 提示汇

51、票和单据，进口 人承兑汇票，银行交单,4 到期日付款,5.办理转帐并通知款已收妥,6。交款,承兑交单（document against acceptance, D/A）,承兑交单（D/A）的支付程序,（1）S/C,（2）cargo,（3）draft,（4）Collection,（5）Presentation,（6）Accept,（8）,（9）,Principal,Payer,Remitting bank,Collecting bank,（7）Document,（8）payment,Advantages and disadvantages of remittance Advantages and

52、 disadvantages of collection,Discussions:,Letter of Credit (P280) Samples of Letter of Credit (P281-286),Definition of L/C（P286）,Guaranty of payment保证书。,付款,Issued by Bank,Conditioned,At the request of the Buyer，,the doctrine of strict compliance 单证相符，单单一致,Beneficiary （Exporter),Applicant （Importer）,

53、Opening Bank Paying Bank,Advising Bank Negotiating Bank,9,8,1,2,3,4,5,6,7,Parties involved in L/C(P291) 1、 Applicant开证申请人,或开证人（Opener) 2、 Opening Bank,Issuing Bank开证银行 3、 Advising Bank,Notifying Bank通知银行 通知行只负责鉴别L/C的真实性，不承担其他义务。 4、 Beneficiary受益人 5、 Negotiating Bank议付银行、押汇银行或贴现银行 6、 Paying Bank付款银行

54、7、 Confirming Bank保兑银行 保兑银行具有与开证银行相同的责任和地位。,Letter of Credit (292),Definition,Kinds,Graph,nature,confirmed,Time of payment,The way of payment,Using purpose,Special use,Revocable,Irrevocable,Confirmed,Unconfirmed,Sight,Usance,Usance payable at sight,Payment,Negotiation,Acceptance,Revolving,Transferab

55、le,Back-to-bake,Anticipatory,Reciprocal,Standby,5) Attention should be Paid to the Following When Using Letter of Credit（信用信用证时应注意的问题）(P296),6) Checks and Amendment of the Letter of Credit（审证和改证） (P296),7) Checks and Amendment of the Letter of Credit（审证和改证） (P296),L/C的开立形式 1、 To open by Airmail信开本 2

56、、 To open by Cable电开本 （1） Brief Cable简电本 （UCP500 Article 11 a(ii).,简电本不是有效的L/C文件，不能作为交单议付的依据。,（2） Full Cable全电本 （3）SWIFT L/C（全球银行金融电讯协会） L/C的种类 （一）按L/C下的汇票是否随付货运单据 Documentary L/C跟单L/C Clean L/C光票L/C Revolving Credit循环L/C 1、The classification （1）revolving with time按时间循环L/C （2）revolving with amount按金

57、额循环L/C 2、Advantages循环L/C的优点 3、The applicable scope循环L/C的适用范围：be applicable for partial shipment equally适用于分批均匀交货 4、Specimen of Revolving Credit,Reciprocal Credit对开L/C 1、The characteristics对开L/C的特点 2、 The applicable scope对开L/C的适用范围 Frequently used in barter, compensation trade and ect.多用于易货贸易、来料加工或补偿贸