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RBI Guidelines Exchange control regulations under FEMA 1999 Trade control regulations issued by DGFT International Chamber of Commerce Guidelines Uniform Customs & Practice for Documentary Credits (UCPDC) ECGC guidelines. FEDAI guidelines Export finance is a short term working capital finance allowed to an exporter. It is provided as a Pre shipment credit or Post Shipment credit to them.
Pre-shipment Credit
Means any loan or advance provided by the bank to an exporter for purchasing, processing, manufacturing, packing of goods, prior to its shipment . It is provided on the basis of A letter of credit, opened in favour of the exporter/ some other person, by an overseas buyer, or A confirmed and irrevocable export order for the export of goods from India or Any other evidence of an export order for export from India .
Post-shipment Credit
Means any loan or advance provided by a bank to an exporter of goods from India from the date of shipment of goods to the date of realization of export proceeds.
It also includes any loan or advance granted to an exporter on the security of any duty draw back allowed by the Govt from time to time.
Types of Pre shipment credit Packing credit in rupees Packing credit in foreign currency
Types of Post shipment credit Export bills purchased/discounted/ negotiated. Advance against export bills sent on collection. Advance against Duty draw back.
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Beneficiary
The beneficiary is entitled to payment as long as he can provide the documentary evidence required by the L/C. The L/C is a distinct and separate transaction from the contract on which it is based. All parties deal in documents and not in goods. The issuing bank is not liable for performance of the underlying contract between the customer and beneficiary. The issuing banks obligation to the buyer, is to examine all documents to ensure that they meet all the terms and conditions of the L/C. Upon requesting demand for payment, the beneficiary warrants that all conditions of the agreement have been complied with. If the beneficiary conforms to the L/C, he/she must be paid by the bank.
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Issuing Bank
The issuing banks liability to pay and to be reimbursed from its customer becomes absolute upon the completion of the terms and conditions of the L/C. Under the provisions of the UCPDC, the bank is given a reasonable amount of time after receipt of the documents to honor the draft. The issuing banks role is to provide a guarantee to the seller that if compliant documents are presented, the bank will pay the seller. Typically the documents requested will include a commercial invoice, a transport document such as a bill of lading or airway bill and an insurance document; but there can be many others.
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Advising Bank
An advising bank, usually a foreign correspondent bank of the issuing bank will advise the beneficiary. Generally, the beneficiary would want to use a local bank to ensure that the L/C is valid. In addition, the advising bank would be responsible for sending the document to the issuing bank. The advising bank has no other obligation under the L/C. If the issuing bank does not pay the beneficiary, the advising bank is not obligated to pay.
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Confirming Bank
The correspondent bank can confirm the L/C for the beneficiary. At the request of the issuing bank, the correspondent bank obligates itself to ensure payment under the L/C. The confirming bank would not confirm the L/C until it evaluate the country and bank where the L/C originates. The confirming bank is usually the advising bank.
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