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By Roberto Bergami email
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An international letter of credit (L/C) is a method of payment
that is particularly suited to high value/high risk transactions.
Part
1 in this series of two articles on letters of credit gave some
background information and introduced the transaction flows involved
in letters of credit. In this article I discuss the documents required
to successfully execute a letter of credit.
Transport Documents
The transport document is externally produced by the carrier. This
document is often the bane of the exporter. Most mistakes appearing
on transport documents are fixable, except for shipment dates. Alteration
of shipment dates is fraud, and no self-respecting carrier would
do that. In any case, this sort of behaviour would cause them to
lose insurance coverage, something they would not be keen to see
happening.
There are a myriad of reasons for shipments being delayed. It could
be due to the exporting firm's inability to fill the order in time
and that, in turn, may be due to a supplier's late delivery of raw
materials/components. Or it may be due to the ship arriving late
because of weather or some other contributing factor. How can late
shipment against the L/C be avoided?
Best practice tip: Plan early, of course. If you
know that you are running very close to the latest shipment date,
and there is a chance that you may miss it, seek an amendment asking
for an extension of time to ship.
Now that the goods are with the carrier, how do you make sure that
no errors on the transport documents occur? The carrier will be
furnished with instructions—it is the responsibility of the
exporter to properly instruct the carrier on how to handle the goods
and how to issue the documents.
Best practice tip: Automate processes, if possible,
and send the instructions electronically to avoid transcription
and other human errors.
Where the exporter uses an intermediary, such as a freight forwarder,
the onus does not shift. It is not a good option to simply give
the forwarder a copy of the L/C and, in doing so, naively believe
that the documentary risk has magically transferred to the forwarder.
In the end, the exporter is the one who may experience payment delays,
or no payment at all, if un-rectifiable errors appear on documents.
Banks do not care who produces the documents, they just want to
see them with the required data contents to satisfy the L/C demands.
If errors occur these may be rectified, but usually at a cost, because
there is no such thing as a free lunch!
Best practice tip: Get the carrier (or whomever
else you may use) to send you a copy of the final transport document
before it is issued so you can check for compliance against the
L/C.
Other Externally Produced Documents
Other externally produced documents could be anything, such as government
permits (e.g. quarantine), private contractors meeting import entry
requirements (e.g. fumigation certificates), or chambers of commerce
or consular certification of documents (e.g. certificates of origin).
The same comments made under transport documents equally apply here.
Make sure these documents can be obtained in time for presentation
within the allowable period by the L/C.
Best practice tip: It is known that delays can
occur with the issue of external documents, especially with consular
certification. Act early, plan ahead. Find out what the time requirements
are for certification and make sure you have adequately considered
these. Lodge the documents as soon as possible.
Internally Produced Documents
Invoice, packing slips/lists, laboratory reports, material safety
data sheets, certification of compliance with standards, certificates
of insurance, beneficiary's certificates and bills of exchange (drafts)
are all examples of documents that an exporter may produce in-house.
How do you make sure errors are reduced or eliminated?
Best practice tip: Wherever possible, automate
the production of documentation, preferably by using a specific
export software package that may be able to be integrated with your
main IT architecture. Automation should eliminate calculation errors,
reduce data entry input time by removing duplicate fields across
documents, and eliminate transposition errors. On average, more
than 50% of data content is replicated across documents—think
about it. Regardless of whether it is an invoice or a packing list,
the buyer details will not change any more than the consignee details,
or the description of the product. Make sure that another staff
member (different from the data entry member) checks the documents
before these are lodged with the bank.
Internally issued documents are easily fixed and can be resubmitted,
but there are two issues to consider: one is the time available
to correct and represent, as per the L/C allowable presentation
period, and the other is the cost of rectifying errors—again
there is no such thing as a free lunch!
Best practice tip: Automate your documentation
production processes. Changes to documents produced through an automated
system flow to all documents concurrently, thereby reducing error
correction times and transposition errors.
Lodgement of Documents With the Bank
One thing needs to be clear for the exporter: the documents are
yours until they are accepted by the bank, so you can take them
back as many times as you like to correct them/have them corrected,
unless these are unsolvable discrepancies, as discussed earlier.
There will typically be a presentation period for the lodgement
of documents—10 to 15 days seems to be average, but it could
be shorter or longer but not exceeding 21 days. The presentation
period is usually pegged to the date of shipment—usually the
date of the transport document.
Best practice tip: The exporter should lodge the
documents as quickly as possible after shipment to have the maximum
period of time to make any changes, if necessary. Also, where the
payment terms are at sight, payable on presentation of the documents
at the counter of the exporter's bank, there may be cash flows to
be gained by getting it right. The earlier the lodgement, the earlier
the payment. Think of this as a reward or a bonus for the exporting
firm because of the job well done by the relevant staff.
Summary: What Are We Trying to Avoid?
In a nutshell, we are trying to avoid errors on documents, which
is not easy to do. No one is employed to do one L/C transaction
at a time with the luxury of working in a vacuum and isolated from
all other activity within the firm.
There are many competing factors, work pressures, timelines, and
things that go wrong during the ordinary course of a day's work.
However, none of these matter to the bank when checking documents
for compliance and eventual payment in a L/C transaction.
L/C's are a double-edged sword; get the documentation right, and
you can be assured of payment without interference from the buyer.
But, get the documents wrong and it really is in the hands of the
buyer as the bank cannot "buy" the documents from you.
They would be in breach of the L/C application, so they will seek
a waiver from the buyer and ask them to accept the discrepancies
in writing.
What will the buyer do? Available estimates tell us that the bad
debt rate is quite low on L/C transactions, estimated to be less
than half of one percent, but this is cold comfort for the exporter
that faces a bad debt. Other studies inform us of the alternative
to the bad debt, which is a discount approach. This is where the
buyer, sitting in judgement of the documents because they have discrepancies,
exerts their "power" in the situation and demands from
the exporter (and usually gets) a discount from the agreed price
in exchange for accepting the documents. Thus, the exporter gets
paid but at a reduced rate.
The whole purpose of dealing with a L/C, from the exporter's point
of view, is to get paid. What is the point of having the L/C if
the exporter cannot get the documentation correct? In failing to
meet the L/C requirements, they lose the very thing they sought
in the first place.
In conclusion, exporting firms are encouraged to adopt a multidisciplinary
approach to the negotiation, management and processing of L/C transactions.
Wherever possible, automated documentation should be used. Finally,
documentation should be promptly produced and checked before lodgement
with the bank.
In the end it is very simple: you are trying to avoid screwing up
the process, so you don't get screwed yourself!
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By Prema Nakra, Ph.D. email
| bio
India's economy remains beset by stubborn inefficiencies
that have hindered progress and prosperity for decades. It
has a decrepit transportation system, inadequate communication
and electrical infrastructure, and an obstructionist bureaucracy.
To succeed in this complex country market, international marketers
must have a clear understanding of Socio-Cultural, Technological,
Economic, Ecological and Political/Regulatory (STEEP) environment
in which people and businesses live and operate.
Critical success factors for these corporations include: product
innovation and customization, multiple segmentation, local
sourcing, innovative retailing, outsourcing, and use of third
party distributors. Successful foreign companies in India
share some characteristics. Strategies and operating practices
adopted by successful global players can be described as critical
success factors for international marketers. In this fourth
and final article in
my series on India, I give some examples of their strategies
and best practices.
Looking beyond "Global Indians"
Multinationals in the grocery, durable-goods, and packaged-goods
sectors entered India when restrictions on foreign investment
were relaxed less than two decades ago. Some companies have
adopted a specialty-player strategy, catering to a small segment
of "global Indians" and marketing products much
as they would be marketed to any such customer around the
world. These companies concentrate on a few big cities. Their
business model is low risk and easily rolled out, can often
be sustained initially through imports, and requires a limited
distribution network. Although businesses of this kind can
be profitable, their sales volumes are typically modest and
will grow only as fast as the segment does. In many ways,
this strategy misses the point of entering a market as large
as India.
Product Innovation and Customization
The most successful multinationals in India are those who
resist the temptation merely to replicate their global product
offerings. Products and price points that are competitive
in India are often considerably different from those that
work well in other countries. Frequently companies must develop
completely new products to compete at target price points
set by local competitors. For example:
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Toyota Motor captured nearly a third of
the multi-utility-vehicle (MUV) market by offering a significantly
superior product at a limited price premium. Indian consumers
attach significant importance to lifetime ownership costs;
they are willing to pay a price premium for durable goods.
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Hyundai reduced the engine output of the
"Santro" brand in India to keep its fuel efficiency
high, priced its spare parts reasonably, and made more than
a dozen changes to the product specifications to suit Indian
market conditions and requirements.
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HP Labs in India identified power outages
as a key factor limiting the access and utility of computers
in rural areas, so it designed a community PC that can run
on car batteries.
Multiple Segmentation
LG Electronics (LGE), reengineered its TV production specifications
in order to develop three offerings specifically for India,
including a no-frills one to expand the market at the low
end and a premium 21 inch flat TV for the middle segment.
By keeping the price of the latter offering to within 10%
of the price of TVs with conventional screens, LGE succeeded
in securing its favorable share of the market. The strategy
led the company to a top three position in the country's consumer
durables and electronic market in a little over three years,
with revenues of nearly a billion dollars in India.
Innovative Retailing
In India organized retail distribution systems reach less
than two percent of the market. There is considerable pressure
to find innovative ways of reaching retail consumers. A third
party distribution system is crucial to capturing demand created
by the superior price to value offerings available in smaller
cities and rural areas. Successful multinationals such as
Castrol, LG Electronics and Unilever have built deep third
party distribution networks that serve second tier cities
and villages. In the last decade, companies selling fast-moving
consumer goods have drawn rural consumers into their markets
using innovative strategies such as bicycle-based distribution
services, smaller packaging, and extended credit.
Outsourcing Logistics Management
Having outsourced traditional logistics activities such as
outbound/inbound transportation, customs clearing, import/export
management and outbound/inbound warehousing, the new generations
of corporations in India are looking to outsource non-traditional
logistics requirements such as reverse logistics, inventory
management, order processing, distribution, labeling and packaging.
Multinationals must learn from best practices adopted by the
domestic corporations.
Modes of Entry
While joint ventures are still crucial to gaining access to
privileged assets in industries including metal and mining
and oil and gas, the trend is to go to the market on their
own via foreign direct investment. Multinationals such as
Hyundai and LGE have achieved real success in India and have
bypassed joint venture entirely. Both these companies have
built global-scale manufacturing here making it a global manufacturing
hub capable of serving other country markets.
Mobilizing Regulatory Environment
Even in deregulating industries in emerging markets like India,
the most successful multinationals have invested time and
energy to identify and understand the key policy makers, to
formulate robust positions for investment, and even to recommend
regulatory changes. These companies have garnered support
from constituencies such as state governments and industry
trade groups and associations.
As home to Asia's oldest stock market and the world's largest
democracy, India holds an enormous promise for companies around
the world. Market success, however, comes to those who enter
the country with the right attitude, long-term commitment
and an open mind. To succeed in this market companies must
invest time and resources to understand local consumers and
business conditions and develop relationships with various
stakeholders within the country. Building a supply chain from
scratch, developing interest in product categories, redesigning
the products, developing multiple price points for various
market segments, and outsourcing the logistical and other
activities are critical to success in India's market.
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