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Registration
and Customs Formalities
The
following registration procedures should be completed
by all importers:
Registrar
of Companies
Any
person wishing to import goods on a commercial
basis must hold a Business Registration Card from
the Companies Division..
MRA
Registration
with the
Mauritius Revenue Authority is compulsory
for companies with an annual turnover exceeding
Rs. 2 million.
Customs
All
importers must be registered with the Customs
Department. On arrival of a consignment, a
company must complete Customs formalities which
consist in submitting a Customs Declaration (also
called Bill of Entry) electronically through the Tradenet System
giving all details of the goods imported such
as the quantity, value and precise nature of the
goods. An importer may use the services of a Freight Forwarding/Clearing
Agent or a Customs Broker for the Customs formalities
and the clearing of goods. Any person who is a
registered user of the TradeNet system may also
submit the Customs declaration.
A list of Freight Forwarding Agents can be obtained at: www.aptmauritius.com
A list of Customs House Brokers can be obtained at: www.customshousebrokers.com
The TradeNet System can be accessed through: http://mns.mu/tradenet-trade-facilitation.php
Main
Documents for Import
The
following documents are required at importation:
- Invoice indicating the FOB and/or CIF value
of goods
- Packing list
- Bill of lading / Airway bill
- Bill of entry
- Insurance certificate (if applicable)
- Certificate of inspection (if applicable)
- Certificate of origin (if applicable)
- Other documents (required by government agencies
(e.g health, agriculture and veterinary services)
Invoice - an invoice
is a commercial document issued by a seller (exporter)
to the buyer (importer), indicating the
products, quantities, weight and agreed prices
for products or services the seller has provided
the buyer.
Packing list - A packing list
is prepared by the exporter and it commonly includes
all the details of the package contents, number
of packages, carton numbers, net weight and gross
weight and may or may not include customer pricing.
Bill
of Lading - A Bill of Llading (sometimes
referred to as a BOL,or B/L) is a document issued
by a carrier, e.g. a ship's master or by a company's
shipping department, acknowledging that specified
goods have been received on board as cargo for
conveyance to a named place for delivery to the
consignee who is usually identified.
Bill of entry - a Bill of entry also known as the Single Goods Declaration is the electronic declaration accepted and assigned with a number by the Customs Department. It is a proof that goods have been received for export and/or import.
Insurance certificate (if applicable) - An insurance certificate is a representation of the insurance policy taken out by the importer or the exporter (depending on the Incoterms) for a shipment.
Certificate of inspection (if applicable) - A certificate of inspection is required by some importers and/or importing countries. It is sometimes also refered to as the "Pre-shipment Inspection" (PSI) certificate and is issued by an independent third party confirming the buyer's specifications, quantity and value of goods prior to shipment.
Certificate of Origin - The Certificate of Origin indicates the country in which the goods are manufactured. There are two types of certificates of origin:
- Non-preferential Certificate of Origin attests the origin of the products and do not confer any tariff preferences.
- Preferential Certificate of Origin attests that the goods originate from a country with which a trade agreement has been signed and the goods are eligible for tariff preferences. The following certificates of origin are accepted by Customs Department and goods are granted preferential access:
Import
Permit:
A limited
number of products are subject to import control
mainly for health and security reasons, environmental
purposes and national interest.
The
table below gives a list of the different permits/certificates
on controlled items:
| Agency |
Description |
| AFC |
Asbestos Free Certificate |
| ALP |
Ministry of Agriculture Landing Permit |
| AMB |
Agricultural Marketing Board Permit |
| APC |
Ministry of Agriculture Phytosanitary Certificate
|
| CFC |
CFC Free Certificate |
| DCCB |
Dangerous Chemical Control Board |
| FA |
Fisheries Authority |
| FDP |
Food and Drugs Permit |
| HHC |
Ministry of Agriculture Certificate / Human
Hair |
| IMP |
Import Permit |
| MF |
Mercury Free Certificate |
| MOA |
Ministry of Agriculture Permit |
| MOH |
Ministry of Health Authority |
| MSBA |
Mauritius Standards Bureau Approval |
| MSBC |
Mauritius Standards Bureau Certificate |
| PHYTO |
Phytosanitary Certificate |
| PoP |
Police Permit |
| TB |
Tea Board Approval |
| TBB |
Tobacco Board Approval |
Import
Permits (IMP)
The
Ministry of Industry, Commerce and Consumer Protection is
responsible for the control of importation of
these items in collaboration with other controlling
agencies.
- Consumer Protection (Control of Imports) Regulations
1999
- List of products requiring an import permit
(First Schedule)
- List of prohibited products (Second Schedule)
- Restrictions imposed on certain goods (Fourth
Schedule)
- List of products requiring specific conditions
(Fifth Schedule)
An application
for import permit must be made at the Commerce
Division of the Ministry of Industry, Commerce and Consumer Protection:
Ministry
of Ministry of Industry, Commerce and Consumer Protection
Commerce Division
4th Floor, Anglo Mauritius Building
Intendance Street
Port Louis
Tel: (230) 208 7170, 208 5255
Fax: (230) 208 5250
Email: mcom@mail.gov.mu
Website:
http://www.gov.mu/portal/site/commercesite
Products subject to permits
Live
animals, meat and meat products (ALP)
An Agricultural Landing Permit (ALP) is needed
for the imports of live animals for example bovine,
horses, sheep and goats as well as for the imports
of meat and meat products. Imports of live animals,
meat and meat products are authorized subject to
certain criteria and conditions imposed by the Ministry of Agro-Industry and Food Security..
An application
for all imports of live animals, meat and meat
products must be made at the Veterinary
Services Division:
Ministry
of Agro-Industry and Food Security
Agricultural Services
Veterinary Services Division
Réduit
Tel:(230) 454 1016, 454 1017
Fax:(230) 464 2210
Email: vetser@intnet.mu;
moa-dvs@mail.gov.mu
Website:
http://agriculture.gov.mu
Flowers, Fruits, Vegetables and Wood (APC)
Importation of products such as flowers, fruits, vegetables, wood and articles of wood requires an Agricultural Phytosanitary Certificate from the National Plant Protection Office:
Ministry of Agro-Industry and Food Security
Agricultural Services
National Plant Protection Office
Réduit
Tel: (230) 464 4872
Fax: (230) 465 9591
Email: moa-pathology@mail.gov.mu
Website: http://agriculture.gov.mu
Food Items
Imports of all foodstuffs require a Pre-Market
Approval Certificate and a Food and Drugs Permit
(FDP).
-
Pre-Market Approval Permit
An application for a' Pre-Market Approval' certificate must be made to the Minsitry of Health prior to importation of new food items being commercialised in Mauritius:
Ministry of Health & Quality of Life
Food Import Unit
Atchia Building
Cnr. Mgr Gonin & Suffren Streets
Port-Louis
Tel: (230) 210 1345
Fax: (230) 208 7222
Email: moh@mail.gov.mu
Food
and Drugs Permit (FDP)
Imports of all foodstuffs also require a Food
and Drugs Permit which is delivered after the
goods are examined by inspectors from the Ministry of Health
and Quality of Life to ensure that the local
requirements such as packing, origin, labelling
requirements, etc are in conformity with the
provisions of the Food
Act 1998.
Canned
meat products, pet food and animal by-products
(MOA)
Items such as canned meat products, pet food,
and animal by-products require a Permit from the
Veterinary
Services Division prior to import:
Ministry of Agro-Industry and Food Security
Agricultural Services
Veterinary Services Division
Réduit
Tel: (230) 454 1016, 454 1017
Fax: (230) 464 2210
Email: vetser@intnet.mu, moa-dvs@mail.gov.mu
Website: http://agriculture.gov.mu
Fish
and Fish Products (FA)
The import of fish and fish products is subject to an import permit from the Ministry for Fisheries and Rodrigues:
Ministry for Fisheries and Rodrigues
Fisheries Division
LICI Centre
J. Kennedy Street
Port Louis
Tel.: (230) 208 2404, 211 2470
Fax: (230) 208 1929
Email: fisheries@mail.gov.mu
Website: www.fisheries.gov.mu
Agricultural
Products (AMB)
The Agricultural Marketing Board monitors importation of agricultural products such as potatoes, onions, garlic, maize, turmeric, and cardamom. More information can be obtained from:
Agricultural Marketing Board
Dr Leclezio Avenue,
Moka
Tel: (230) 433 4025
Fax:(230) 433 4837
Email: agbd@intnet.mu
Medicines
and Pharmaceutical Products (MOH)
The Pharmacy Board regulates the imports of medicines
and pharmaceutical products and an application
for a permit must be made to the following authority:
Ministry
of Health & Quality of Life
Pharmacy Board
5th floor, Emmanuel Anquetil Building
SSR Street
Port
Louis
Tel: (230) 201 2036
Fax: (230) 208 3891
Email:
moh@mail.gov.mu
Website:
http://health.gov.mu
Chemicals
and Pesticides (DCCB)
The import of certain items like chemicals and
pesticides require a license from the Dangerous
Chemical Control Board (DCCB) which falls under
the aegis of the Ministry of Health and Quality
of life. More information on the permit requirements
can be obtained from:
Ministry
of Health & Quality of Life
Dangerous Chemicals Control Board
3rd floor, Atchia Building
Suffren Street, Port Louis
Mauritius
Tel: (230) 210 3701
Fax: (230) 213 4645
Email:
moh@mail.gov.mu
Website:
http://health.gov.mu
Tea (TB)
The Tea Board issues permits for the import and
export of tea. More information can be obtained
from:
Tea
Board
P.O Box 28
Eau Coulee
Wooton
Curepipe
Tel:
(230) 675 1530, 675 1443
Fax:
(230) 676 1445
Email address: teaboard@intnet.mu
Website: www.gov.mu/portal/site/teaboard
Tobacco
(TBB)
The Tobacco Board regulates the importation of
leaf tobacco, manufactured tobacco and tobacco
products (cigarettes, cigars, smoking tobacco,
etc.).
The
Tobacco Board
PlaineLauzun
Port Louis
Tel: +230 212 2323
Fax: +230 208 6426
Email: tobacco@intnet.mu
Website:
www.gov.mu/portal/site/tobacco
Iron
Bars (MSBA)
Imports of iron bars are subject to approval from
the Mauritius
Standard Bureau.
Mauritius
Standard Bureau
Villa Road
Moka
Tel: (230) 433 3648
Fax: (230) 433 5051, 433 5150
Email: msb@intnet.mu
Website:
www.gov.mu/portal/sites/msb/index.htm
Toys,
Helmets and Plastic Fittings (MSB)
Imports of toys, helmets and fittings of plastic
materials are subject to a Certificate from the
Mauritius Standard Bureau (MSB). The certificate
must be obtained prior to import and presented
to Customs for clearing purposes. More information
on the requirements can be obtained from the MSB:
Mauritius
Standard Bureau
Villa Road
Moka
Tel: (230) 433 3648
Fax: (230) 433 5050
Email: msb@intnet.mu
Website:
www.gov.mu/portal/sites/msb/index.htm
Arms,
Amunition and Explosives (PoP)
Arms, ammunition, dynamite and explosives are
subject to control. A Police Permit (PoP) from
the Mauritius Police Force is needed prior to
the import of these items.
Police
Head Quarters
Line Barracks
Port Louis
Tel: (230) 208 0034
Fax:
(230) 211 4444
Email:
pmo@mail.gov.mu
Website:
www.gov.mu/portal/site/police
Radio-Communication
and Telecommunication Equipment (ICTA)
The import and sales of all radio-communication
and telecommunication equipment require a Dealer’s
License from the Information and Communication
Technologies Authority (ICTA). The application
form for the Dealer’s License from the ICTA:
Information
Communication Technologies Authority of Mauritius
Level 12, The Celicourt
6, Sir Celicourt Antelme Street
Port Louis
Mauritius
Tel: (+230) 211 5333, 211 5334
Fax: (+230) 211 9444
E-Mail: icta@intnet.mu
Website:
www.icta.mu
Motorcycle
Brakes (AFC)
The import of motorcycle brakes requires an Asbestos
Free Certificate (AFC) for environmental health
and safety. The certificate is issued in the country
of origin and should be presented at customs during
clearing.More information on the Asbestos Free
Certificate can be obtained from the Ministry
of Health at the following address:
Ministry
of Health & Quality of Life
5th floor, Emmanuel Anquetil Building
Port Louis
Mauritius
Tel: (230) 201 2175
Fax: (230) 208 7222
Email: moh@mail.gov.mu
Website:
http://health.gov.mu
Refrigerators,
Freezers and Refrigerating Equipment (CFC)
The import of certain items like refrigerators,
freezers and refrigerating equipment requires
a CFC Free Certificate. The certificate is issued
in the country of origin and should be presented
at customs for clearing.
Cells and Batteries (MF)
The import of cells and batteries requires a Mercury
Free Certificate (MF). The certificate confirms
that the cells and batteries furnished contain
no metallic mercury or mercury compounds, and
reasonable steps have been taken to ensure that
they are not contaminated with metallic mercury
or mercury compounds.
Incoterms (International Commercial Terms) 2010
Incoterms
are standard trade definitions (such as ex-works,
FOB and CIF) which are widely used in international
contracts. The Incoterms have been developed by
the International
Chamber of Commerce and indicates the obligations
and risks for both the buyer and the seller.
There are eleven Incoterms:
EXW
“Exworks” means that the seller delivers when he places the goods at the disposal of the buyer at the seller’s premises or another named place (i.e. works, factory, warehouse, etc) not cleared for export and not loaded on any collecting vehicle.
This
term thus represents the minimum obligation for
the seller, and the buyer has to bear all costs
and risks involved in taking the goods from the
seller’s premises.
| Critical
Points
- Carriage to be arranged by the
buyer
- Risk transfer from the seller
to the buyer when the goods are
at the disposal of the buyer
- Cost transfer from the seller
to the buyer when the goods are
at the disposal of the buyer
|
FOB
“Free on Board” means that the seller delivers when the goods pass the ship’s rails at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point. The FOB terms requires the seller to clear the goods for export.
Critical
Points
- Carriage to be arranged by the buyer
- Risk transfer from the seller to the
buyer when the goods pass the ship’s
rail
- Cost transfer from the seller to the
buyer when the goods pass the ship’s
rail
|
CIF
“Cost Insurance and Freight” means that the seller delivers when the goods pass the ship’s rail in the port of shipment.
The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer. However, in CIF the seller also has to procure marine cargo insurance against the buyer’s risk of loss of or damage to the goods during the carriage. Consequently, the seller contracts for insurance and pays the insurance premium. The CIF term, requires the seller to clear the goods for export.
Critical
Points
- Carriage and insurance to be arranged
by the seller
- Risk transfer from the seller to the
buyer when the goods pass the ship’s
rail
- Cost transfer at port of destination,
buyer paying such costs as are not for
the seller’s account under the contract
of carriage
|
CA
“Free Carrier” means that the seller delivers the goods cleared for export, to the carrier nominated by the buyer at the named place. It should be noted that the chosen place of delivery has an impact on the obligations of loading and unloading the goods at that place. If delivery occurs at the seller’s premises, the seller is responsible for loading. If delivery occurs at any other place, the seller is not responsible for unloading.
Critical Points
- Carriage to be arranged by the buyer or by the seller on the buyer’s behalf
- Risk transfer from the seller to the buyer when the goods have been delivered to the carrier at the named place
- Cost transfer from the seller to the buyer when the goods have been delivered to the carrier at the named place
|
CFR
“Cost and Freight” means that the seller delivers when the goods pass the ship’s rail in the port of shipment.
The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer. The CFR term requires the seller to clear the goods for export.
Critical Points
- Carriage to be arranged by seller
- Risk transfer from the seller to the buyer when the goods pass the ship’s rail
- Cost transfer at port destination, buyer paying such costs as are not for the seller’s account under the contract of carriage
|
DDP
“Delivered duty paid“ means that the seller delivers the goods to the buyer, cleared for import, and not unloaded from any arriving means of transport at the named port of destination. The seller has to bear all the costs and risks involved in bringing the goods thereto including, where applicable, any duty for import in the country of destination.
Whilst the Exworks term represents the minimum obligation for the seller, DDP represents the maximum obligation.
Critical
Points
- Carriage to be arranged by the seller
- Risk transfer from the seller to the
buyer when the goods are placed at the
disposal of the buyer
- Cost transfer from the seller to the
buyer when the goods are placed at the
disposal of the buyer
|
FAS
“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel at the named port of shipment. This means that the buyer has to bear all cost and risks of loss of or damage to the goods from that moment.
The FAS term requires the seller to clear the goods for export.
Critical
Points
- Carriage to be arranged by the buyer
- Risk transfer from the seller to the
buyer when the goods have been alongside
the ship
- Cost transfer from the seller to the
buyer when the goods have been placed
alongside the ship
|
CPT
“Carriage Paid To” means that the seller delivers the goods to the carrier nominated by him but the seller must in addition pay the cost of carriage necessary to bring the goods to the named destination. This means that the buyer bears all risks and any other costs occurring after the goods have so delivered.
The
CPT terms requires the seller to clear the goods
for export.
Critical
Points
- Carriage to be arranged by the seller
- Risk transfer from the seller to the
buyer when the goods have been delivered
to the carrier
- Cost transfer at the port of destination,
buyer paying such costs as are not for
the seller’s account under the
contract of carriage
|
CIP
“Carriage and Insurance Paid To” means
that the seller delivers the goods to the carrier
nominated by him but the seller must in addition
pay the cost of carriage necessary to bring the
goods to the named destination. This means that
the buyer bears all risk and any additional costs
occurring after the goods have been so delivered.
However, in CIP the seller also has to procure
insurance against the buyer’s risk of loss
of or damage to the goods during the carriage.
Consequently, the seller contracts for insurance
and pays the insurance premium.
Critical
Points
- Carriage and insurance to be arranged
by the seller
- Risk transfer from the seller to the
buyer when the goods have been delivered
to the carrier
- Cost transfer at place of destination,
the buyer paying such costs as are not
for the seller’s account under
the contact of carriage
|
DAT
“Delivered At Terminal” means that the
seller delivers when the goods, once unloaded from the arriving means of a transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination. The parties are well advised to specify as clearly as possible the 'terminal'.
Critical
Points
Carriage
to be arranged by the seller
Risk
transfer from the seller to the buyer
when the goods are placed at the disposal
of the buyer.
Cost
transfer from the seller to the buyer
when the goods are placed at the disposal
of the buyer.
|
DAP
“Delivered At Placel” means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place.
Critical Points
Carriage to be arranged by the seller
Risk transfer from the seller to the buyer when the goods are placed at the disposal of the buyer.
Cost transfer from the seller to the buyer when the goods are placed at the disposal of the buyer.
|
Incoterms
|
Export Costs |
Import Costs |
Insurance |
Place of Delivery |
EXW |
B |
B |
(B) |
Sellers’ Works; at buyer’s disposal |
FCA |
S |
B |
B |
Place of departure custody of the carrier |
FAS |
B |
B |
B |
Alongside ship in port of shipment |
FOB |
S |
B |
B |
On board the ship in port of shipment |
CFR |
S |
B |
S |
On board the ship in port of shipment |
CIF |
S |
B |
S |
On board the ship in port of shipment |
CPT |
S |
B |
S |
Place of departure; custody of the 1st carrier |
CIP |
S |
B |
S |
Place of departure; custody of the 1st carrier |
DAT |
S |
B |
S |
Place of destination at the terminal; at buyer’s disposal |
DAP |
S |
B |
S |
Place of destination at the terminal; at buyer’s disposal |
DDP |
S |
S |
S |
Place of destination; at buyer’s disposal |
S = Seller
B = Buyer |
Freight
Forwarders act as consolidators, grouping together
small or medium sized goods from different exporters
and stuffing them in a full container load to
a specific destination so that each customer pays
the volume it occupies in the container. Freight
Forwarders can arrange for inland transportation
with road haulage companies on board normal trucks
or equipped with cranes in Mauritius or in any
foreign country where rail transportation is often
available.
They also provide guidance on packaging, marking
and labelling according to the final customer
requirements. They can also undertake to offer
these services or even arrange to have the merchandise
bulk-broken or re-assorted at another point.
Freight Forwarders are linked to the Customs services
through on-line electronic data interchange (EDI)
capabilities for accurate submission of import
and export documentation for security tracking
of various shipments.
A list of freight forwarders and their contact
details is available on www.aptmauritius.com
1) T/T in Advance
T/T in advance means that the buyer needs to make a telegraphic transfer to the seller prior to start of production. The transfer can be in full amount or part of the amount. A wire transfer is commonly used and has the advantage of being almost immediate.
Receiving payment by cash in advance of the shipment might seem ideal. In this situation, the exporter is relieved of collection problems and has immediate use of the money.
There exists also t/t after shipment whereby the funds are transferred after receipt of a copy of the bill of lading proving that the goods have been loaded for shipment.
2) Open Account An
open account transaction is a sale where the goods
are shipped and delivered before payment is due,
which is usually in 30 to 90 days. Obviously,
this option is the most advantageous to the importer
in terms of cash flow and cost, but it is consequently
the highest-risk option for an exporter.
In addition, the extension of credit by the seller to the buyer is more common abroad. Therefore, exporters who are reluctant to extend credit may lose a sale to their competitors. However, though open account terms will definitely enhance export competitiveness, exporters should thoroughly examine the political, economic, and commercial risks as well as cultural influences to ensure that payment will be received in full and on time. It is possible to substantially mitigate the risk of non-payment associated with open account trade by using such trade finance techniques as export credit insurance and factoring.
Exporters may also seek export working capital financing to ensure that they have access to financing for production and for credit while waiting for payment.
In a foreign transaction, an open account can be a convenient method of payment if the buyer is well established, has a long and favorable payment record, or has been thoroughly checked for creditworthiness. With an open account, the exporter simply bills the customer, who is expected to pay under agreed terms at a future date. Some of the largest firms abroad make purchases only on open account.
3) Documentary Collection (or Cash Against Documents)
The process for CAD, or cash against documents, in an export environment is fairly straightforward. After accepting an order from an international customer, the exporter prepares the export documents required by both the country of origin and the destination. Among the documents is a form that is normally referred to as an Export Collection Form. This form, along with other manifests and copies of shipping documents, is forwarded to the bank used by the exporter. While it is not always necessary, many exporters choose to prepare a Bill of Exchange, and include that document with the other forms.
As the next step in a purchasing using the cash against documents method, the exporter’s bank forwards the necessary documents to the bank designated by the purchaser or importer. The documents are provided with a proviso that they are not to be released to the importer until payment for the shipment is made in full. Until the payment is received by the exporter’s bank, the transaction is not considered complete.
Once the importer’s bank receives authorization to honor the exporter’s invoice, cash payment is electronically transferred to the exporter’s financial institution. After receiving confirmation that the payment was executed and posted properly, the importer’s bank releases all documents pertaining to the transaction to the buyer.
Many banks charge fees for executing a cash against documents transaction. In some instances, the seller covers all bank charges. However, it is more common for buyers to cover any charges issued by the banks at each end of the transaction. Typically, the seller adds the bank charges from the point of origin onto the invoice, while the importer’s bank normally debits the account used to issue the cash against documents payment.
4) Cash on Delivery
Cash on delivery, also known as COD, is a method of payment for goods received, which will be delivered. Payment is given at the time delivery is accomplished. Cash on delivery doesn’t always mean “cash” as a payment, but certainly can also mean cashier’s cheque, credit card or personal cheque. It really depends upon the establishment from which you’re purchasing something, as to what forms of payment are acceptable.
In some ways cash on delivery is a means of protecting the consumer from a seller who would take money and then fail to deliver agreed upon items. However, any scrupulous retail establishment will do all they can to make certain that they deliver items as promised. They may be less willing to trust the customer, and wish for payment prior to delivery in order to make sure they get payment, and don’t have to pay a delivery person to attempt delivery when the customer has no intent to pay for the item.
5) Letter of Credit
A letter of credit is a letter from a bank guaranteeing that a buyer's payment to a seller will be received on time and for the correct amount. In the event that the buyer is unable to make payment on the purchase, the bank is required to cover the full or remaining amount of the purchase. A letter of credit is often abbreviated as LOC or LC, and is also referred to as a documentary credit. The parties to a letter of credit are usually an applicant who wants to send money, a beneficiary who will receive the money, the issuing bank and the advising bank.
Letters of credit are often used for international transactions to ensure that payment will be received. They have become an important aspect of international trade, due to differing laws in each country and the difficulty of knowing each party personally. The bank also acts on behalf of the buyer, or holder of the letter of credit, by ensuring that the supplier will not be paid until the bank receives confirmation that the goods have been shipped.
A letter of credit is often confused with a bank guarantee, which is similar in many ways but not the same thing. The main difference is the bank's position relative to the buyer and seller of a good or service in the event of the buyer's default of payment. With a letter of credit, a seller may request that a buyer provide them with a letter obtained from a bank which substitutes the bank's credit for their client's.
In the event of the borrower defaulting, the seller can go to the buyer's bank for the payment. Instead of the risk that the buyer will not pay, the seller only faces the risk that the bank will be unable to pay, which is unlikely. This means that if the applicant obtaining the letter of credit fails to perform his or her obligations, the bank must pay. The letter of credit can also be the source of payment for a transaction, meaning that an exporter will get paid by redeeming the letter of credit. A letter of credit is less risky for the merchant, but even riskier for a bank.
Types
of Letters of Credit:
Revocable Credit - This can be amended or cancelled
at any time by the importer without the consent
of the exporter. This option is not often used,
as there is little protection for the exporter.
By default all credits are irrevocable, unless
otherwise stated.
Irrevocable Credit - Once issued this can only
be changed or cancelled with the consent of all
the parties. The seller must merely comply with
the terms and conditions of the credit in order
to receive payment.
Confirmed Credit - In some instances, exporters
may request a credit to be confirmed by another
bank, (usually a bank in their own country). If
a bank adds its confirmation to a credit, it means
that it is obliged to pay if the terms and conditions
of the credit are complied with. This obligation
to pay exists even if the issuing bank or country
defaults.
Payment Credit - This is available for payment
at the tellers of the paying bank, as nominated
in the credit. The seller can, therefore, present
documents to the paying bank and does not have
to wait for the documents to be forwarded to the
issuing bank for checking and subsequent payment.
Negotiation Credit - This is always payable at
the counters of the issuing bank. Buyers can use
negotiation credits to delay payment until the
documents have been received and checked by the
issuing bank.
Deferred
Payment Credit - Similar to payment credits, except
that they are payable at a future date.
Acceptance
Credit - The accepting bank guarantees payment
to the holder of the bill of exchange on maturity
date - regardless of whether the credit is confirmed
or not. This option comes with an acceptance fee
which can be substantial.
Back-to-Back
Credit - The original letter of credit is used
as security to open another credit in favour of
the exporter's own supplier. The bank confirming
the original credit may not necessarily be the
issuing bank of the second credit.
Transferable
Credit - This is normally used when the exporter
is not supplying the goods and wishes to transfer
all or part of the responsibilities under the
credit to the supplier(s).
Red
Clause Credit - This enables the exporter to obtain
advance payment before shipment. This is provided
against the exporter's certificate confirming
its undertaking to ship the goods and to present
the documents in compliance with the terms and
conditions of the documentary credit.
Green
Clause Credit - Similar to a Red Clause Credit,
but in addition to pre-shipment finance the exporter
also receives storage facilities at the port of
shipment at the expense of the buyer.
Packing
Credit - This offers pre-shipment finance to the
seller against warehouse receipts, forwarding
agent's receipts or similar documents that prove
the goods are no longer in the seller's possession.
Standby
Credit - Similar to a normal letter of credit,
this method differs in that it is a default instrument,
whereas a normal credit is a payment instrument.
A standby credit is only called upon in the event
of failure to perform. Its function is, therefore,
that of a guarantee.
Revolving
Credit - This allows for the credit to be automatically
reinstated under certain circumstances. It is
normally used where shipments of the same goods
are made to the same importer.
6) Bill of Exchange
Bills of exchange are financial documents that require the individual or business that is addressed in the document to pay a specified amount of money on a date that is cited within the text of the document. Considered to be a negotiable instrument, the date for the demand to pay generally ranges from the current date to a date within the next six calendar months. A bill of exchange will also require the authorized signature of the debtor in order to be considered legal
and binding.
As an unconditional order to pay a fixed sum of money to a creditor, the bill of exchange can take on many different forms. One of the most common examples of the bill of exchange is the common bank cheque. A cheque specifies who is to receive the funds, with the order to pay the face value of the cheque to the order of the creditor. The exact amount of the payment is specified. The date specified on the cheque is often the issue date for the cheque, but may also be the date that the bank is to honor the payment. This process is referred to as post dating a cheque, since the creditor will physically receive the cheque at some time before it will be honored.
It is also possible to establish a bill of exchange in the form of a bank draft. Like the bank cheque, drafts are normally set up with a fixed sum of payment, and with specific instructions of when to issue the payment to the creditor.
The bill of exchange can be a very simplistic document, or one that is very detailed. In many countries around the world, the use of a bill of exchange is a common means of conducting business. In situations where the bill of exchange is not honored, the holder of the document is free to take legal action against the debtor according to local laws, or to sell the bill of exchange to a collector at a discounted rate of exchange.
List of Commercial Banks:
A list of Commercial Banks is available at: www.mba.mu
Useful
Websites
a) Customs
b) Ministry of Industry, Commerce and Consumer Protection (Commerce Division)
c) Ministry of Agro-Industry and Food Security
d) Ministry of Health and Quality of Life
e) Mauritius
Standards Bureau
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