Export Management
Export Management
Classification of Exports
Merchandise Exports
Service Exports
Project Exports
Deemed Export
Features of Exports
Uncertainty of environment
Establish organization
1.
◦ Already exist or Not, select firm name- Get
approval of name from the regional licensing
authority
◦ Develop International division with infrastructure
◦ Firm may be proprietor, partnership or joint venture
◦ Requirements- Current Account, PAN, Registration
with sales Tax, Central Excise & Concerned EPC, No
name in caution list
2. Get the IEC/RCMC (Registration-cum- Membership Certificate)
a. Fill the application form & get the permission from DGFT
(for IEC)
b. Fill the application form & get the permission from EPC
(RCMC)
c. For service exporters (except soft wares) get the
permission from FIEO (Federation of Indian Exporters
Organization )
d. License will be given as merchant or manufacturer
exporter
e. In case an exporter desires to get registration as a
manufacturer exporter, he shall furnish evidence to that
effect.
De-Registration
• The registering authority may de-register an RCMC
holder for a specified period for violation of the
conditions of registration. Before such de-
registration, the RCMC holder shall be given a show
cause notice by the registering authority, and an
adequate and reasonable opportunity to make a
representation against the proposed de-registration.
Upon de –registration, the concerned export
promotion council shall intimate the same to all the
licensing authorities.
Appeal Against De-Registration
Export Marketing
Merchandising
Procurement/ Production
Logistic
Quality Control
Finance & Accounts
Export order Administration
R & D
EPC
◦ Tea Board
◦ Tobacco Board
◦ Wool & Woollens Export Promotion Council
ITPO
Stores,
Market Surveys and Information
Dissemination
Infrastructure Support in India
The experience of operating berths through
PPPs(Public private projects) at some of the
major ports in India has been quite successful.
It has, therefore, been decided to expand the
programme and allocate new berths to be
constructed through PPPs
The Government has also decided to empower
and enable the 12 major ports to attain world-
class standards. To this end, each port is
preparing a perspective plan for 20 years and
an action plan for seven years.
A high level committee has finalised the plan for
improving rail-road connectivity of major ports.
The plan is to be implemented within a period of
three years.
The National Maritime Development Programme
is expected to bring a total investment of over
Rs.50,000 crore in the port infrastructure.
Minor ports are already being developed by
domestic and international private investors:
Pipavav Port by Maersk and Mundra Port by
Adani Group
Pipava Port 152 nautical miles from Mumbai
Mundra Port & SEZ
Purview of
Export-Import
FLOW CHART – I
Knowledge of Knowledge of Knowledge of Product
Market Product Incentives Costing
Continued….
FLOW CHART – I (continue from the previous slide)
Pre Post
Shipment Shipment
notified commodities
Specify the type of quality control and / or
banks/financial institutions
Assists exporters in recovering bad debts
Provides information on credit-worthiness of
overseas buyers
ECGC- Standard Policy
Also Known as SCR (Shipment Comprehensive
Risk)
Turnover should be more than 50 lacs.
Only for the 180 days.
risk
ECGC
Foreign Exchange Risk
Invoicing in the Indian Rupees
L/C
Forward Contract
Clearance of Import Cargo
Overseas suppliers invoice, duly signed
Packing list
B/L
Custom house Agent’s declaration
Import License, If necessary
Copy of L/C
Insurance Policy
Test report, industrial license, exemption
commissioner
Now actual duty is computed taking
on the vessel
Export Incentives Schemes
Duty Authorization Scheme
◦ Advance Authorization Scheme
◦ Duty free import authorization scheme
Duty remission scheme
◦ Duty drawback scheme
Section 75, Custom Act, - Goods to be exported
Duty drawback scheme = custom duty + excise duty
◦ Duty drawback on Re-export
◦ DEPB
Export Promotion Capital Goods
Procedure to claim
Directorate of drawback,
If rates are fixed- All Industry Rate (AIR)
If rates are not fixed – show the details –
brand rates.
It is counted on the % of FOB Value
Fake Pulsar from China
IMPORT,EXPORT,
DOCUMENTATION &
FOREIGN TRADE POLICY
By
Dr. Vikas Dahiya
Agenda
Documentation: Overview – Commercial and
Regulatory documents
Understanding - Invoice, Packing List, Inspection
Trade Policy
Overview of
Documentation
Significance of Documentation
Documents are important for the following reasons:
Commercial Regulatory
Commercial Invoice Shipping Bill
Inspection Certificate ARE1 from (Excise)
Insurance Certificate RBI Declaration Forms (GR/PP)
Bill of Lading / AWB Application for remittance of
currency
Certificate of Origin Various Licences
Bill of Exchange Bill of Entry
Shipment Advice
Packing List
Commercial / Regulatory Documents
Commercial Documents
Principal Auxiliary
Referring to the Commercial set of
documents,
1. Commercial it may please
Invoice be observed
1. Proforma Invoice that
these set ofCertificate
2. Inspection documents2. are prepared
Intimation from
for Inspection
other set ofCertificate
3. Insurance documents3.(some offor
Declaration these only).
Insurance
These are known
4. Certificate of Originas auxiliary documents.
4. Application for Certificate of
Origin
These documents
5. Bill of Lading may 5.not
Matebe required by the
Receipt
foreign buyer,
6. Shipment Advicebut these are must
6. Shipping orderfor
preparation of main export documents,
known as Principle Commercial
7. Packing List
Documents.
7. Shipping Instructions
8. Bill of Exchange 8. Letter to Bank for negotiation
of documents
Pre-shipment Documents
Documents at pre-shipment stage are those documents,
which are required to be made, till the consignment is
presented to the customs department for clearance.
Contd….
Documents for availing various Export
Benefits
At the pre-shipment stage the following
documents are note-worthy.
◦ Application for pre-shipment finance from the
bank.
◦ Application of Advance Authorization or Duty Free
Import Authorisation with DGFT.
◦ Application for execution of Bond with Central
Excise authorities.
◦ Application for obtaining CT-1 in case of a
Merchant Exporter
Documents for availing various Export
Benefits
At the post shipment stage, the following
documents are note-worthy.
◦ Application of Duty Entitlement Pass Book.
◦ Application for Focus Market or Focus Product
Scheme.
Import Documentation
Important Documents–Imports
Invoice
Packing list
Bill of Lading or Delivery Order/Airway Bill
GATT declaration form duly filled in
Importers/CHA’s declaration
Licence/Authorisations in original wherever necessary
Letter of Credit/Bank Draft/wherever necessary
Insurance document
Import license
Industrial License, if required
Test report in case of chemicals
Catalogue, Technical write up, Literature in case of
machineries, spares or chemicals as may be applicable
Certificate of Origin
No Commission declaration
Understanding Documents
Understanding Documents
All documents whether it is for export or import transaction
generally contain following information
◦ Name and address of the exporter and importer
◦ Document No. and date.
◦ Order No. and date
◦ Port of discharge
◦ Port of destination
◦ Country of origin
◦ Description of Goods
◦ Marks and nos., model nos. [if any]
◦ Weight
◦ HS Code No.
◦ Value
◦ Currency
◦ Terms of payment
◦ Terms of shipment etc.
Understanding Documents
However, depending upon the nature of the
document, specific information is to be
mentioned.
◦ SHIPPING BILL FOR SHIPMENT EX-BOND: Used when the goods are to
be exported which have been imported earlier and kept in bond prior
to re-export.
Shipping bill
Types of Shipping Bills:
◦ DEPB SHIPPING BILL: When DEPB benefit is to be
claimed.
It contains:
the name of shipping line and vessel,
port of loading, port of discharge and place of delivery,
number and kind of packages, gross weight,
description of goods,
container status/seal number,
shipping bill number and date and
condition of cargo at the time of its receipt on board the vessel.
It is serially numbered.
Mate Receipt
Port authorities recover port dues from exporter on production of
this receipt.
It is of a transferable nature.
A) Sight Draft –
◦ When the drawer (exporter) expects the drawee
(importer) to make payment immediately upon the draft
being presented to him.
B) Usance Draft –
◦ When draft is drawn for payment at a date later
than the date of presentation.
◦ It may be a fixed future (specific) date or
determinable date according to the period of
credit viz. 30 days, 60 days or 90 days etc.
◦ It is presented to the drawee (importer) who will
retire the documents by accepting the draft by
putting his signature and date.
Bill of Exchange
When the payment is received in advance no
Bill of Exchange is required to be drawn.
◦ Stale B/L:- i.e. a late B/L that has been held too
long before it is passed on to a bank for
negotiation or to the consignee.
Types of Bill of Entry – There are three types. Out of these, two
types are for clearance from customs while third is for clearance from
warehouse.
Bill of Entry
◦ BILL OF ENTRY FOR HOME CONSUMPTION - When the imported
goods are to be cleared on payment of full duty. Home consumption
means use within India.
Scheme.
EOU unit is required to achieve only positive
units under Section 10AA of the Income Tax Act for first 5
years, 50% for next 5 years thereafter
External commercial borrowing by SEZ units upto US $ 500
approvals.
Export-Import Bank of India
Exim Bank
Export Pre-
Marketing shipment
Export Post-
Production shipment
Export
Product Investment
Development Abroad
Import Advisory
Finance Services
Network of 14 Offices in India & Overseas
Head Office
+
9 Domestic Offices
Delhi
Guwahati
Ahmedabad Kolkata
Mumbai
Hyderabad
Pune
Bangalore
Chennai
Role of Exim Bank
Principal financial institution in India for
coordinating working of institutions engaged in
financing exports and imports
Export Services
Support Programmes
Export Credits
For Indian Companies
Pre-shipment credit
Foreign Currency Pre-
shipment Credit
Post-shipment Supplier’s
Credit
Finance for deemed exports
Financing Rupee
Expenditure for Project
Exports
Finance for Consultancy
and Technology Services
Guarantee Facilities
Countries covered under LOCs
of Exim Bank
AFRICA ASIA EUROPE
BANGLADESH
ALGERIA INDONESIA
PTA BANK covering BULGARIA
GHANA IRAQ
BURUNDI MOROCCO
KENYA KOREA ROMANIA
COMOROS
MALAWI MALAYSIA
DJIBOUTI RUSSIA
MAURITIUS THAILAND VIETNAM
EGYPT
NAMIBIA IRAN POLAND
ERITREA
SEYCHELLES PHILIPPINES
ETHIOPIA KAZAKHSTAN
SOUTH AFRICA SRI LANKA
KENYA
SUDAN HUNGARY
MALAWI MYANMAR
TANZANIA CAMBODIA
MAURITIUS
TUNISIA
UGANDA RWANDA
ZAMBIA Central & South AMERICA
SOMALIA
ANGOLA SUDAN
DR. CONGO JAMAICA VENEZUELA
TANZANIA TIRINIDAD & BRAZIL
BOAD covering UGANDA TOBAGO COLOMBIA
BENIN ZAMBIA MEXICO
BURKINA FASO ZIMBABWE
EADB covering CAF covering BCIE covering
COTE D’IVOIRE BOLIVIA HONDURAS
NICARAGUA
MALI KENYA COLOMBIA GUATEMALA
NIGER EL SALVADOR
SENEGAL TANZANIA ECUADOR COSTA RICA
GUINEA BISSAU UGANDA PERU
TOGO VENEZUELA
Financing of Export-Oriented Companies
Term Loans
ADVISORY
SERVICES
- Multilateral Agencies-
Funded Projects Overseas
- Exim Bank as Consultant
KNOWLEDGE BUILDING
- Eximius Centre for Learning
- Research Studies
INFORMATION
Markets, Products, Countries
Bank’s Network
Head Office
Overseas Offices - 5
Domestic Offices - 9
Institutional Linkages
Export Credit Agencies
Trade & Investment Promotion Agencies Abroad
Trade & Industry Associations in India
Multilateral Agencies
Post-shipment Finance
Pre-Shipment Finance
Packing Credits
◦ Packing credits includes the purchase of raw
materials, supplies required for the processing or
manufacturing, purchase of packing materials etc.
◦ Packing credits is granted on the basis of a
confirmed export order or L/C opened by importer
in favour of exporter from India.
Eligibility
Company having export order or L/C
Company (supporting) which does not have
lack of finance.
Bank do ask for the exporters to contribute a
company/partner/director etc.
Insurance policy to cover the stock etc.
Necessary Undertaking
Other formalities as specified by bank in the
sanction letter
Category Average FOB FOB value Average NFE NFE earned
value during during the earnings during the
the preceding made during preceding
preceding licensing the licensing
three year, in preceding year, in
licensing Rupees three Rupees
years, in licensing
Rupees years , in
Rupees
Service Exports
Project Exports
Deemed Export
Features of Exports
Uncertainty of environment
Establish organization
1.
◦ Already exist or Not, select firm name- Get
approval of name from the regional licensing
authority
◦ Develop International division with infrastructure
◦ Firm may be proprietor, partnership or joint venture
◦ Requirements- Current Account, PAN, Registration
with sales Tax, Central Excise & Concerned EPC, No
name in caution list
2. Get the IEC/RCMC (Registration-cum- Membership Certificate)
a. Fill the application form & get the permission from DGFT
(for IEC)
b. Fill the application form & get the permission from EPC
(RCMC)
c. For service exporters (except soft wares) get the
permission from FIEO (Federation of Indian Exporters
Organization )
d. License will be given as merchant or manufacturer
exporter
e. In case an exporter desires to get registration as a
manufacturer exporter, he shall furnish evidence to that
effect.
De-Registration
• The registering authority may de-register an RCMC
holder for a specified period for violation of the
conditions of registration. Before such de-
registration, the RCMC holder shall be given a show
cause notice by the registering authority, and an
adequate and reasonable opportunity to make a
representation against the proposed de-registration.
Upon de –registration, the concerned export
promotion council shall intimate the same to all the
licensing authorities.
Appeal Against De-Registration
Export Marketing
Merchandising
Procurement/ Production
Logistic
Quality Control
Finance & Accounts
Export order Administration
R & D
EPC
◦ Tea Board
◦ Tobacco Board
◦ Wool & Woollens Export Promotion Council
ITPO
Stores,
Market Surveys and Information
Dissemination
Infrastructure Support in India
The experience of operating berths through
PPPs(Public private projects) at some of the
major ports in India has been quite successful.
It has, therefore, been decided to expand the
programme and allocate new berths to be
constructed through PPPs
The Government has also decided to empower
and enable the 12 major ports to attain world-
class standards. To this end, each port is
preparing a perspective plan for 20 years and
an action plan for seven years.
A high level committee has finalised the plan for
improving rail-road connectivity of major ports.
The plan is to be implemented within a period of
three years.
The National Maritime Development Programme
is expected to bring a total investment of over
Rs.50,000 crore in the port infrastructure.
Minor ports are already being developed by
domestic and international private investors:
Pipavav Port by Maersk and Mundra Port by
Adani Group
Pipava Port 152 nautical miles from Mumbai
Mundra Port & SEZ
Purview of
Export-Import
FLOW CHART – I
Knowledge of Knowledge of Knowledge of Product
Market Product Incentives Costing
Continued….
FLOW CHART – I (continue from the previous slide)
Pre Post
Shipment Shipment
notified commodities
Specify the type of quality control and / or
banks/financial institutions
Assists exporters in recovering bad debts
Provides information on credit-worthiness of
overseas buyers
ECGC- Standard Policy
Also Known as SCR (Shipment Comprehensive
Risk)
Turnover should be more than 50 lacs.
Only for the 180 days.
terms agreed
Export Contract
Is a sale and purchase agreement between
the exporter and the importer
In most cases the terms are standardized and
contain specified heads in which the
conditions are detailed
The ambiguity is avoided and all parties have
uniform understanding of all terms &
conditions
It is essential to scrutinize the terms carefully
and in detail to avoid any problems later
General Standard Conditions
When the export contract is made quickly and
informally, some of the conditions are either
assumed or clarified later
This situation may lead to dispute or
misunderstanding. This can be avoided by using
the General Standard Conditions
These are standardized contract terms that
permit the parties to refer to a pre established
set of rules that can be incorporated into their
contract
Once such General Standard Conditions have
been adopted, they are legally binding whether or
not both parties are aware of and understand
every provision
Written vs. Construed Contract
All large export/import orders are
usually written and signed between
the buyer & the seller to avoid
ambiguity
There are sometimes situations when
the agreement takes place in piece
meal by e-mail, fax, etc but it is not
developed into an agreement putting
all terms & conditions in a single
document contd.
Contd…
◦ In such a case, the exporter/importer can
establish existence of a contract by
stitching together various pieces of
documents
◦ The Indian Evidence Act recognizes
commercial & regulatory documents,
provided exporter can prove through
various communications he has
exchanged with the importer
◦ Such unwritten contract is referred to as
‘construed contract’
Broad Terms & Conditions in an
Export Contract
Packing,
The namemarking & labeling
& address of buyer & seller
Payment terms
Description of the product/s
Shipment
Quality & specifications
Insurance
Quantity
Inspection
Documentation
Price per unit with Specified incoterm & total
Jurisdiction
value
contd.
Contd….
Some other issues, terms & conditions may be
included in the international sales contract,
like:
◦ Requirement of import/export license in cases of
restricted items
◦ Any amendments and supplements should become an
integral part of the contract from the date these have
been finalized
◦ The export order should fully comply with RBI norms
related to permitted currencies and methods of
payment
The Conflict of Laws
In export transactions two nations are involved.
Important to define which country’s law will apply
Usually buyer/seller should agree on this at the
time of finalization of the contract
A set of rules are developed by each country’s
law. The courts consider this while deciding the
issue. This commonly known as ‘conflict of laws’
situation
Conflicts can be taken care of in advance by
incorporating some specific provisions with
respect to jurisdiction & applicability of law in the
sales contract
Frustration of Contracts/Force Majeure
Contd….
INCOTERMS
In order to finalise the transaction, both parties will
have to perform certain tasks, like:
What are the additional costs of getting the goods from your
factory in (e.g.) Agra, India, to the customer? How (*) is your
quotation affected by the terms of delivery?
Departure
Types
Documents against payments (D/P)
Document against acceptance (D/A)
D/P
Under this method, the shipping documents
concerning the shipment of goods are given
to the importer against payment for the
goods
D/A
In this case, the remitting bank hands over the
shipping documents to the importer only
upon acceptance of the accompanying draft.
The acceptance implies that he agrees to pay
the amount of the draft.
Collection of the payment under D/P
1 2 3
Exporter Exporter's
(forward Bank (forward Importers
Importer
documents documents Bank
to) to)
7 6 4,5
3. Inform
4 Makes Payments
5. Handover of documents
6. Send remittance
7. Credit the account of
Acceptance of the draft under D/A
1 2 3
Exporter Exporter's
(forward Bank (forward Importers
Importer
documents documents Bank
to) to)
7 6 4,5
3. Informs
4. Acceptance of draft
5. Handover of documents
6. Send acceptance to
7. Send acceptance to
Collection of the payment under D/A
1 2 3
Exporter
Exporter's
(forward Importers
Bank (forward Importer
documents
acceptance to) Bank
to)
6 5 4
3. Ask for payment
4 Makes Payments
5. Sent remittance to
6. Credit the account of
Risk Under D/P
Importer not receiving the goods
It makes liquidity problems
Options available
1. Rating of the importer
2. consign the goods to importers bank rather
than importer
3. Obtain credit risk policy
Quality Control & Pre Shipment
Inspection
Quality Control – it is a set of attributes or
specifications including packaging.
It is the manufacturer who first decide the
demand.
Quality may be high, low or medium
etc.
It is granted on the basis of confirmed export
company/partner/director etc.
Insurance policy to cover the stock etc.
Necessary Undertaking
Other formalities as specified by bank in the
sanction letter
Risks in EX-IM
Commercial Risk
Lack of knowledge about foreign markets
Inadaptability of the product
Longer transit time
Preference changes
Competition
Political Risk
Changes in political power
Civil wars, rebellion
Wars between countries
Capture of cargo during war
Cargo Risk
Storms
Fire
Ship hijackers
Credit Risk
Selling on the credit
Exporter must have sufficient fund to offer
risk
ECGC
Foreign Exchange Risk
Invoicing in the Indian Rupees
L/C
Forward Contract
Clearance of Import Cargo
Overseas suppliers invoice, duly signed
Packing list
B/L
Custom house Agent’s declaration
Import License, If necessary
Copy of L/C
Insurance Policy
Test report, industrial license, exemption
commissioner
Now actual duty is computed taking
on the vessel
Export Incentives Schemes
Duty Authorization Scheme
◦ Advance Authorization Scheme
◦ Duty free import authorization scheme
Duty remission scheme
◦ Duty drawback scheme
Section 75, Custom Act, - Goods to be exported
Duty drawback scheme = custom duty + excise duty
◦ Duty drawback on Re-export
◦ DEPB
Export Promotion Capital Goods
Procedure to claim
Directorate of drawback,
If rates are fixed- All Industry Rate (AIR)
If rates are not fixed – show the details –
brand rates.
It is counted on the % of FOB Value