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INTERNATIONAL PAYMENT METHODS

Broward Economic and Small Business Development Export Readiness Semiar

February, 2012

Abby Martinez Vice President

Trade Sales Specialist

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International Trade Risks

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 Regulations (OFAC, anti money laundering…)  Commercial

 Insolvency

 Protracted periods of non-payment  Political  Wars  Insurrections  Boycotts  Tariffs  Expropriations

 Central Bank’s failure to provide foreign exchange  Governmental subsidies

 Credit

International Trade Risks

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International Trade Risks

Contact Information Export Financing Tools

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Methods of Payment

Assessing What’s Right For You

 How much risk is your company willing to take?

 How well do you know your customer?

 What payment terms are typical for your industry?

 What is your competition offering?

 What is the nature of the order?

 What is the political and economic situation in the Buyer’s country?

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 Buyer’s credit standing  Seller’s ability to fulfill order  Law of supply and demand  Political risks

 Amount and Tenor  Competition

 Financing requirement of buyer and seller  Cost of bank services

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Most Common Payment Methods

Seller

Most Protection

Least Protection Most Protection

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2. Documentary / Commercial Letter of Credit

Instrument issued by importer’s bank, in favor of exporter, payable against presentation of specified documents to the issuing bank. May incorporate or facilitate pre- & post-shipment financing.

 For the payment of goods and/or services

 Designed to be drawn on when product is shipped and documentary conditions are met

 Typically used for cross-border transactions, but can be used domestically

 Offers the most protection to the SELLER

 Banks deal in documents only. BUYER’s recourse for problems with goods is the contract with the SELLER

 Documents presented under an LC must comply with its terms and conditions, otherwise there is no obligation to honor

 SELLER can rely on the creditworthiness of bank instead of BUYER

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 Constitutes a definite undertaking of confirming bank. Independent of the issuing bank’s obligation

 Removes Issuing Bank risk

 Reduces Country risk (political, economic, FX)

 Confirmation expedites payment

 Payment obligation moves to

beneficiary’s domicile

Types of Credits

Confirmed Unconfirmed/Advised

 No obligation to ―pay‖ at sight or ―accept‖ and pay at maturity time drafts. Further, no obligation to pay at maturity credits that provide for

―deferred payment‖

 Purpose: Authenticate issuer’s credit

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Payment effected when documents are

presented which are in compliance with the terms and conditions of the credit

Payment may or may not occur immediately

 If payable in the US

 If payable in a foreign country

 LC terms may contain special provisions

about timing

Types of Credits (continued)

Payment - Sight Payment - Time

Acceptance:

Payment made at some specified time after presentation of conforming document(s)

 Provides short term financing—up to 12

months tenor

 Defined in LC

 Requires draft drawn on a bank

 Can be xxx days from B/L date or other event

 Can be xxx days from Sight (as defined by

accepting bank)

 Negotiable instrument

 Accepting bank obligated to pay at maturity

 Can be discounted to exporter for earlier

payment Deferred:

 Like an acceptance, but there is no draft

 Some countries have a draft tax

 Commitment to pay on a specified date

 Not a negotiable instrument

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Documentary Letter of Credit

 A Letter of Credit replaces risk of BUYER with risk of Issuing Bank

 It assures the SELLER that he will be paid provided that documents presented comply with its terms and conditions

 A Confirmed Letter of Credit is the undertaking of two Banks: the Issuing Bank and the Confirming Bank. Both are equally liable to pay the beneficiary

2. LC Ap pl ic at io n 1. Sales Contract

3. Issue Letter of Credit

4. Ad vi se L C 5. Shipment of Goods 6. Doc ume nt s se nt 7. Documents sent 8a. Payment sent

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 All Parties Deal In Documents and Not in Goods

 Determination of Compliance on the Basis of Documents Alone  Issuing/Confirming Bank’s Obligation

 Beneficiary’s Entitlement to Settlement Against Complying Documents  Settlement of Discrepant Documents

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To avoid document problems, check the LC as soon as it is received

Design a letter of credit instruction form for your buyers

Provides buyers with your company’s required LC terms and

conditions

Can be customized for different countries, product and regions

May be detailed or contain only key data element

 Provide the LC instruction form to Match LC Terms to Contract/Sales Terms  Post your LC instructions on your company’s website

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Exporter should be able to prepare/obtain all documentation easily

 No buyer controlled documents!

 Check with freight forwarder to make sure bills of lading can be prepared as per LC

 Check with those responsible for document preparation (internal and external) to verify that all documents can be prepared as per LC

 Dot your I’s and cross your T’s

– Set up internal ticklers (dates, tasks)

– Establish who is responsible for what (from order to ship to payment) – Provide copies of LC to all involved parties (internal and external)

Managing Documents (continued)

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Keep documentation as simple as possible

 LC should have only what is necessary

 avoid presenting extra documents (not in LC)

Be aware of how long it may take to get documents from a third party

 consularization, legalization  bills of lading

 inspection or other 3rd party certificates

Managing Documents (continued)

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3. Documentary Collections

L E T T E R O F C R E D I T C Y C L E

 Payable at sight or under a time draft

 Sight: collecting bank authorized to release documents only against payment from buyer/importer; payment made upon delivery of

documents to buyer’s bank

 Time Draft: bank still acts as intermediary between supplier/exporter and buyer/importer; allows importer to hold on to cash longer; higher risk due to importer’s control over timing of payment; may discount time draft against guarantee from importer/buyer’s bank (aval)

 Reduced Transaction costs (cheaper than LC)

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4. Open Account

L E T T E R O F C R E D I T C Y C L E

 Most favorable for the buyer

 Payment made as agreed between buyer and supplier

 Recommended for sales with customers with satisfactory payment history (long standing relationship).

 Export Credit insurance provides risk mitigation against both commercial and political risks

 Does not cover product disputes

 Makes foreign receivables eligible for financing with most banks; policy can be assigned to lender

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International Trade Risks

Contact Information

Export Financing Tools

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Who is Ex-Im Bank?

Independent agency of the US federal government

Established in 1934

Headquartered in Washington, DC

5 Regional sales offices

Mission: Support US Exports to create and sustain US jobs

Must be 51% or more U.S. content or added value

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Ex-Im Bank programs

Pre-Export Working Capital (Export related inventory and export

related accounts receivables)

Post Export Receivable Financing (Credit Insurance)

Short Term Buyer Credit Financing

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Ex-Im Bank – Export Working Capital

Asset –based lending program

Allows use of export related AR and export related inventory

(including raw materials, WIP, finished goods) for borrowing

purposes

Provides advance ratios of up to 90% on export related AR and up

to 75% on export related inventory

Can be used for issuance of SBLCs for warrantee and bid purposes

(only 25% cash collateral requirement)

At least 51% US content required

No military sales

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Ex-Im Bank – Growth Opportunity

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Ex-Im Bank – Medium Term program

Financing of capital equipment for 1-5 years

Allows for term financing to the foreign buyer

New or used equipment

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JP Morgan Chase Global Trade - Key Contacts

Global Trade Helpdesk:

800-634-1969 x2 [email protected]

Transaction in place/ LC already issued: Has JP Morgan Chase received LC issued by buyer? Clarification of exotic terms and conditions in an LC. What is status of documents presented under the LC? Questions regarding Advice of Refusal of Documents (aka

discrepancy notification). Explanation of fees and interpreting detailed advise of credit.

Global Trade Specialists:

Abby Martinez 305-579-9488 [email protected]

Antonio Duncan 813-432-5642 [email protected]

Work prior to LC issuance: structuring LC terms and conditions when in initial negotiations, getting indicative fee quotation, reviewing buyer communications and responses to same.

Transaction in place/LC already issued: Review of LC for general overview. Clarification of exotic terms and conditions. Assistance with crafting correspondence with

counterparty regarding need for amendment to LC. General risk discussion and review.

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This presentation was prepared exclusively for the benefit and internal use of the J.P. Morgan client to whom it is directly addressed and delivered (including such client’s subsidiaries, the “Company”) in order to assist the Company in its internal training programs. This presentation contains information which is confidential and proprietary to J.P. Morgan, which may only be used by the Company for its own internal training and may not be disclosed to any other person. In preparing this presentation, we have relied upon and

assumed, without independent verification, the accuracy and completeness of all information available from public sources. This presentation is for discussion and informal educational purposes only and is incomplete without reference to, and should be viewed solely in conjunction with, the oral briefing provided by J.P. Morgan. Neither this presentation nor any of its contents may be used for any other purpose without the prior written consent of J.P. Morgan. J.P. Morgan makes no representations as to the legal, regulatory, tax or accounting implications of the matters referred to in this presentation.

Notwithstanding anything in this presentation to the contrary, the statements in this presentation are not intended to be legally binding. Any products, services, terms or other matters described in this presentation (other than in respect of confidentiality) are subject to the terms of separate legally binding documentation and/or are subject to change without notice.

Neither J.P. Morgan nor any of its directors, officers, employees or agents shall incur any responsibility or liability whatsoever to the Company or any other party in respect of the contents of this presentation or any matters referred to in, or discussed as a result of, this document.

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