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Tuesday, March 18, 2008

Registration (Export)

Registration

  • Registration with Reserve Bank Of India: No longer required. Prior to 1.1.1997 it was compulsory for every exporter to obtain an exporters' code number from the Reserve Bank of India before engaging in export. This has since been dispensed with and registration with the licensing authorities is sufficient before commencing export or import.
  • Registration with Regional Licensing: Authorities (obtaining IEC Code Number) The Customs Authorities will not allow you to import or export goods into or from India unless you hold a valid IEC number. For obtaining IEC number you should apply to Regional Licensing Authority (list given in Appendix 2) in duplicate in the prescribed form given in Appendix 1. Before applying for IEC number it is necessary to open a bank account in the name of your company / firm with any commercial bank authorised to deal in foreign exchange. The duly signed application form should be supported by the following documents:

Bank Receipt (in duplicates)/Demand Draft for payment of the fee of Rs. 1,000/-.

Certificate from the Banker of the applicant firm as per Annexure 1 to the form given in Appendix 1 of this Book.

Two copies of Passport size photographs of the applicant duly attested by the banker to the applicants.

A copy of Permanent Account Number issued by Income Tax Authorities. If PAN has not been allotted, a copy of application of PAN submitted to Income Tax Authorities.

In case the application is signed by an authorised signatory, a copy of the letter of legal authority may be furnished.

If there is any non-resident interest in the firm and NRI investment is to be made with repatriation benefits, a simple declaration indicating whether it is held with the general/specific permission of the RBI on the letter head of the firm should be furnished. In case of specific approval, a copy may also be furnished.

Declaration by the applicant that the proprietors/partners/directors of the applicant firm/company, as the case may be, are not associated as proprietor/partners/directors with any other firm/company which has been caution-listed by the RBI. Where the applicant is so associated with a caution-listed firm/company the IEC No. is allotted with a condition that he can export only with the prior approval of the RBI.

Exporter's Profile as per form attached to Appendix 1 of this book (See Appendix 1A of this Book). The Regional Licensing Authority concerned will on merits grant an IEC number to the applicant. The number should normally be given within 3 days provided the application is complete in all respects and is accompanied by the prescribed documents. An IEC number allotted to an applicant shall be valid for all its branches/divisions as indicated on the IEC number.

Register With Export Promotion Council
In order to enable you to obtain benefits/concession under the export-import policy, you are required to register yourself with an appropriate export promotion agency by obtaining registration-cum- membership certificate.

For this purpose you should apply in the prescribed form, given at Appendix 3 of this Book to the Export Promotion Council relating to your main line of business.

For list of Registering Agencies, please refer to Appendix 4 of this Book. However, if the export is such that it is not covered by any EPC, RCMC in respect thereof may be obtained from the Regional Licensing Authority concerned.

An application for registration should be accompanied by a self certified copy of the Importer-Exporter code number issued by the Regional Licensing Authority concerned and bank certificate in support of the applicant's financial soundness. In case an exporter desires to get registration as a manufacturer exporter, he should furnish evidence to that effect. In the case of a manufacturer exporter the licensing authority may seek copy of registration with SSI/any other sponsoring authority in addition to the application in the prescribed form for the Import Export Code Number.

If the application for registration is granted, the EPC or FIEO shall issue the RCMC indicating the status of the applicant as merchant exporter or manufacturer exporter. The RCMC shall be valid for five years ending 31st March of the licensing year. The certificate shall be deemed to be valid from 1st April of the licensing year in which it was issued.

Registration With Sales Tax Authorities: Goods which are to be shipped out of the country for export are eligible for exemption from both Sales Tax and Central Sales Tax. For this purpose, you should get yourself registered with the Sales Tax Authority of your state after following the procedure prescribed under the Sales Tax Act applicable to your State.

Despatching Samples
As the overseas buyers generally insist for the samples before placing confirmed orders, it is essential that the samples are attractive, informative and have retention and reminder value. Besides, the exporter should know the Government policy and procedures for export of samples from India. He should also be aware about the cheapest modes of sending samples.

In this connection, it is advised that the postal channel is comparatively cheaper than sending samples by air. While sending samples through postal channel due regard should be given to weight and dimension of the post parcels as postal authorities have prescribed maximum weight and dimension for the post parcels handled by them. Where it is not possible to send the samples by post parcels, the same may be sent by air. So far as the Government policy regarding export of samples is concerned, distinction has been made between export of commercial samples and gift parcels. In terms of Para 11.4 of the Import Export Policy as modified upto 31.3.1999, goods including edible items of value not exceeding Rs.1,00,000 in a licensing year may be exported as a gift. Items mentioned as restricted for exports in the ITC (HS) Classifications of Export & Import Items shall not be exported as a gift without a license except in the case of edible items. Export of bonafide trade and technical samples having indelible marking as "sample not for sale" is allowed freely without any limit. However, in such cases where indelible marking is not available, the samples may be allowed for a value not exceeding US $ 10,000, per consignment. In addition the exporter has the option to avail the facility of free samples upto US $ 5,000 or 1% of the preceding year's exports, whichever is higher. An application for export of gifts/samples in excess of the limits specified above may be made to the DGFT.

Special provisions have been made for export of garment samples. Garment samples are allowed to be exported only by exporters who are registered with the Apparel Export Promotion Council (AEPC) or the Wool and Woolen Export Promotion Council for woolen Knitwears. Export of samples to be sent by post parcel or air freight are further divided into 3 categories, namely : 1.Samples of value upto Rs.10,000, 2.Samples of value less than Rs. 25,000, 3.Samples of value more than Rs. 25,000.Where the value of the articles is less than Rs. 10,000, the exporter should file a simple declaration that the sample does not involve foreign exchange and its value is less than Rs. 10,000.Where the value of samples is more than Rs. 10,000 but less than Rs. 25,000 you should obtain a value certificate from the authorised dealer in foreign exchange (i.e. your bank). For this purpose, you should submit a commercial invoice certifying thereon that the parcel does not involve foreign exchange and the aggregate value of the samples exported by you does not exceed Rs. 25,000 in the current calendar year.If the value of samples exceeds Rs. 25,000 you should obtain Gr/PP waiver from the Reserve Bank of India.

Export of trade samples is allowed by sea/air (as distinguished from sea/airmail) without any value restriction, provided the customs authorities are satisfied about the bona fide of the goods that they do not fall in the export control restrictions. However, customs authorities may ask for suitable documentary evidence in this regard viz. correspondence etc. with the overseas buyer. Trade samples against which the foreign buyer agrees to make payment can be exported in the same manner in which normal exports are effected. Samples can also be carried personally by you while traveling abroad provided these are otherwise permissible or cleared for export as explained earlier.

However, in case of precious jewelry/stone items, you should declare the same to the customs authorities while leaving the country and obtain necessary endorsement on export certificate issued by the Jewelry Appraiser of the Customs.

Appointing Agents
Selling through an overseas agent is an effective strategy. These agents serve as a source of market intelligence. Regularly sending the latest trends on the current fashion, taste and price in the market. Being a man on the spot, the agent is in a position to render his advice to exporter or new methods and strategy for pushing up sales of your products. He also provides you support in the matter of transportation, reservation of accommodation, appointment with the government as and when required by you. In some countries it is compulsory under their law to sell through local agents only. It is, therefore, essential that you should carefully select your overseas agent.

Consider the points listed below when appointing an Agent :

  • Size of the agent's company
  • Date of foundation of the agent's company
  • Company's ownership and control
  • Company's capital, funds, available and liabilities
  • Name, age and experience of the company's senior executives
  • Number, age and experience of the company's salesman
  • Oher agencies that the company holds, including those of competing products and turn-over of each
  • Length of company's association with other principal
  • New agencies that the company obtained or lost during the past year
  • Company's total annual sales and the trends in its sales in recent years
  • Company's sales coverage, overall and by area
  • Number of sales calls per month and per salesman by company staff
  • Any major obstacles expected in the company's sales growth
  • Agent's capability to provide sales promotion and advertising services
  • Agent's transport facilities and warehousing capacity
  • Agent's rate of commission; payment terms required
  • References on the agents from banks, trade associations and major buyers

Some source of information on agents are:

  • Government Departments Trade Associations
  • Chambers of Commerce
  • Banks
  • Independent Consultants
  • Export Promotion Councils
  • Advertisement Abroad.

Specimen Copy of Agreement
An agreement made this the ....... day ....... of between .......(name and address) hereinafter called the exporters of the first part and ........ (name and address) hereinafter called the importers of the second part, wherein the exporters grant to the importers the importation and selling right in the territory of ..........(fill name of country) for .........(names and brief description of product) subject to the terms and conditions given below :

  1. The exporter agrees that during the currency of the agreement he will not correspond or in any way deal with any part in the territory specified unless requested to do so by the importers.
  2. The exporter agrees that any orders or enquiries relating to the specified territory received by him during the currency of this agreement will be passed on to the importers to deal with.
  3. The exporter agrees that he will make shipment of all orders received from the importers by earliest shipping opportunity unless prevented from so doing by circumstances beyond the former's control.
  4. The exporter agrees to charge the importers for all goods ordered during the currency of this agreement the prices detailed in Price List No. ......... appended to this agreement unless any order is received at least one month after notification of price changes by the exporter to the importer.
  5. The exporter agrees to pay the importer commission on ......... (fill in the dates of each year during the currency of this agreement) at the rate of ...... per cent of ....... the F.O.B. value of all orders satisfactorily completed during the ...... months preceding the dates specified.
  6. The exporter agrees that he will allow to the importers ........ per cent ....... of the value of all business satisfactorily completed with the importers during the currency of this agreement as contribution towards the importer's costs in publicising the products covered by this agreement. This allowance is to be settled by deduction from the manufacturer's invoices to the importers.
  7. The importers agree that during the currency of this agreement they will not sell, recommend or in any other way deal with any competing or rivaling lines in the territory specified.
  8. The importers agree that they will use their best efforts and endeavors at all times during the currency of this agreement to promote the sales of products covered by this agreement.
  9. The importers agree that they will make net and full payment for all goods ordered through confirmed and irrevocable letter of credit established in ........... (name of manufacturer's town or city). OR The importers agree that they will make net and full payment for all goods ordered against presentation of draft and shipping documents in ......... (name of importer's town or city). OR The importers agree that they will immediately upon presentation at ......... and retire such drafts net and in full upon maturity.
  10. The importers agree that they will write to the manufacturer at least once each calendar month and will send to the manufacturer a full market report on the prospects for sale of the products covered by this agreement every six months.
  11. The importer agrees that they will place regular and adequate order with the manufacturer amounting in total to not less than ........ during the first calendar year and not less than Rs. .......... in each and every subsequent year during the currency of this agreement.
  12. This agreement shall become valid with effect from the date of shipment of the substantial order amounting in value of not less than Rs. ........ and remain in force for a period of twelve calendar months there from subject to either party being at liberty to terminate this agreement without notice in the event of the other party being in breach of any of the terms and conditions stated herein.
  13. Notwithstanding anything herein aforesaid if during the first twelve calendar months the importers have placed satisfactory orders with the exporters amounting to not less than Rs. ....... this agreement shall be automatically renewed year after year provided that in the twelve calendar months immediately preceding the expiry date satisfactorily business amounting in total to not less than Rs. ....... has been placed by the importers with the manufacturer.
  14. Any disputes arising under this agreement shall be settled in accordance with Indian Law in (.............)

Witness.............. (Exporter)

Witness.............. (Importer)

Acquire Export License
Exports free unless regulated: The current Export Licensing Policy of the Government of India is contained in the new Import Export Policy and Procedures, 1997-2002 as amended upto 31.3.1999. The Policy and Procedures are amended from time to time and for latest position kindly refer to. However, for the sake of information of the prospective exporters, it may be stated that all goods may be exported without any restriction except to the extent such exports are regulated by the ITC (HS) Classifications of Export and Import items or any other provisions of this policy or any other law for the time being in force. The Director General of Foreign Trade may, however, specify through a Public Notice such terms and conditions according to which any goods, not included in the ITC (HS) Classifications of Export and Import items may be exported without a license. Such terms and conditions may include Minimum Export Price (MEP), registration with specified authorities, quantitative ceilings and compliance with other laws, rules, regulations.

Application for an Export License: An application for grant of export license in respect of items mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import items may be made in the form given in Appendix-18A or 18B or 18C, as the case may be, to the Director General of Foreign Trade and shall be accompanied by the documents prescribed therein. The Export Licensing Committee under the Chairmanship of Export Commissioner shall consider such applications on merits for issue of export licenses special High Powered Licensing Committee under the Chairmanship of Director General of Foreign Trade shall consider applications for export of dual purpose chemicals and for special materials, equipment and technologies, as specified in Schedule 2 Appendix 5 and Schedule 2 Appendix 6 respectively of the book p 7 3 titled ITC(HS) Classifications of Export and Import items on the basis of guidelines issued in this regard from time to time.

Export of Canalised Items: An application for export of canalised items mentioned in ITC (HS) Classifications of Export and Import items may be made to the Director General of Foreign Trade.

Trade Fairs/Exhibitions: Any Indian wishing to organise any Trade Fair/Exhibition in India or abroad, would be required to obtain a certificate from an officer of the rank not below that of an Under Secretary to the Government of India, in the Ministry of Commerce, or an Officer of India Trade Promotion Organisation, duly authorised by its chairman in this behalf, to the effect that such exhibition, fair or as the case may be, similar show or display, has been approved or sponsored by the Government of India in the Ministry of Commerce or the India Trade Promotion Organisation and the same is being held in public interest.

Gifts/Spares/Replacement Goods: For export of gifts, indigenous/imported spares and replacement goods in excess of the prescribed ceiling/period, an application may be made to the Director General of Foreign Trade.

Export through Courier Service: Import/Exports through a registered courier service is permitted as per the Notification issued by the Department of Revenue. However, importability/exportability of such items shall be regulated in accordance with the policy.

Acquire Export Credit Insurance
Export credit insurance protects you from the consequences of the payment risks, both political and commercial. It enables you to expand your overseas business without fear of loss. Further, it creates a favorable climate for you under which you can hope to get timely and liberal credit facilities from the banks at home.

You can obtain Export Credit Insurance from the Export Credit and Guarantee Corporation of India Limited. In order to provide you Export Credit Insurance, the following covers are issued by the ECGC :

Standard policies to protect you against the risk of not p 7 3 receiving payment while trading with overseas buyers on short-term credit.

Specific policies designed to protect you against the risk of not receiving payment in respect of:

  • exports on deferred payment terms
  • services rendered to foreign parties
  • construction work, including turnkey projects undertaken abroad

The policies are either:

Whole Turnover Policies in the form of 'Open Cover' in respect of shipments made during 24 months period. You have to obtain credit limit on each one of your buyers to enable ECGC to approve a limit on the basis of credit worthiness of the buyer. These policies are basically similar to whole turnover policies but only apply to specific contracts.

Specific Policies for exports of capital goods on medium or long-term credit, turnkey projects, civil construction works and technical services.These policies are basically similar to whole turnover policies but only apply to specific contracts.

Financial guarantees issued to banks against risk involved in providing credit or guarantee facilities to you, and

Special schemes viz. transfer guarantee issued to protect banks which add confirmation to letters of credit, Insurance cover for Buyers' Credit, Lines of Credit, Joint Ventures and Overseas Investment Insurance, and Exchange Fluctuation Risk Insurance. The other guarantees which banks can offer to youthrough ECGC schemes are :--- Bid Bonds,--- Advance Payments Guarantee,--- Bank guarantee for due performance of the contract by the exporter,---Bank guarantee for payment of retention money,--- Bank guarantee for loans in foreign currencies. Details of these schemes can be obtained from your own banker or local office of the Export Credit and Guarantee Corporation of India Ltd.

The Shipments (Comprehensive Risks) Policy is the one ideally suited to cover risks in respect of goods exported on short-term credit. Shipments to associates or to agents and those against letter of credit can be covered for only political risks by suitable endorsements to the shipments (comprehensive risks) Policy. Premium is charged on such shipments at lower rates.

For obtaining a policy you should apply to the nearest office of the ECGC in the prescribed Form no.121 (obtainable from ECGC) along with the following documents :

  1. Bank Certificate about the financial position
  2. Application form for fixing the credit limit
  3. Name/address of foreign buyer fixing sub-limits

After examining the proposal, ECGC would send the exporter an offer letter stating the terms of its cover and premium rates. The policy will be issued after the exporter conveys his consent to the premium rate and pays a non-refundable policy fee of Rs. 100 for policies with maximum liability limit p 7 3 upto Rs. 5 lakhs; Rs. 200 between Rs. 5 lakhs and Rs. 20 lakhs and Rs. 100 for each additional Rs. 10 lakhs or part thereof subject to a ceiling of Rs. 2500.As commercial risks are not covered in the absence of a credit limit, you are advised to apply to ECGC for approval of credit limit on buyer in the prescribed Form No:144 (obtainable from ECGC) before making shipment. Credit limit is the limit upto which claim can be paid under the policy for losses on account of commercial risks. If no application for credit limit on a buyer has been made, ECGC accepts liability for commercial risks upto a maximum of Rs. 5,00,000 for D.P./C.A.D. transactions and Rs. 2,00,000 for D.A. transactions provided that at least three shipments have been effected to the buyer during the preceding two years on similar terms, at least one of them was not less than the discretionary limit availed of by the exporter and the buyer had made payment on the due dates.

Arranging Finance
Financial assistance to the exporters are generally provided by Commercial Banks, before shipment as well as after shipment of the said goods. The assistance provided before shipment of goods is known as per-shipment finance and that provided after the shipment of goods is known as post-shipment finance.Pre-shipment finance is given for working capital for purchase of raw-material, processing, packing, transportation, ware-housing etc. of the goods meant for export. Post-shipment finance is provided for bridging the gap between the shipment of goods and realization of export proceeds. The later is done by the Banks by purchasing or negotiating the export documents or by extending advance against export bills accepted on collection basis. While doing so, the Banks adjust the pre-shipment advance, if any, already granted to the exporter.

Pre-Shipment Finance

An application for pre-shipment advance should be made by you to your banker along with the following documents:

Confirmed export order/contract or L/C etc. in original. Where it is not available, an undertaking to the effect that the same will be produced to the bank within a reasonable time for verification and endorsement should be given. An undertaking that the advance will be utilised for the specific purpose of procuring/manufacturing/shipping etc., of the goods meant for export only, as stated in the relative confirmed export order or the L/C. If you are a sub-supplier and want to supply the goods to the Export/Trading/Star Trading House or Merchant Exporter, an undertaking from the Merchant

Exporter or Export/Trading/Star Trading House stating that they have not/will p 7 3 not avail themselves of packing credit facility against the same transaction for the same purpose till the original packing credit is liquidated. Copies of Income Tax/Wealth Tax assessment Order for the last 2-3 years in the case of sole proprietary and partnership firm. Copy of Exporter's Code Number (CNX). Copy of a valid RCMC (Registration-cum-Membership Certificate) held by you and/or the Export/Trading/StarTrading House Certificate. Appropriate policy/guarantee of the ECGC.

Any other document required by the Bank. For encouraging exports, R.B.I. has instructed the banks to grant preshipment advance at a concessional rate of interest. The present rate of interest is 10% p.a. for preshipment advance upto an initial period of 180 days. Preshipment advance for a further period of 90 days is given at the concessional rate of 13% p.a. Banks are free to determine the interest rate for advances beyond 270 days and upto 360 days.

Following special schemes are also available in respect of pre-shipment finance:

Exim Bank's scheme for grant of foreign currency pre-shipment credit to exporters for financing cost of imported inputs for manufacture of export products.

Scheme of export packing credit to sub-suppliers from export order.

Packing credit for deemed exports.

Pre-shipment Credit in Foreign Currency (PCFC). For further details refer to Nabhi's "How to Borrow from Financial and Banking Institutions".

Post Shipment Finance

Post-shipment finance is the finance provided against shipping documents. It is also provided against duty drawback claims. It is provided in the following forms:

Purchase of Export Documents drawn under Export Order: Purchase or discount facilities in respect of export bills drawn under confirmed export order are generally granted to the customers who are enjoying Bill Purchase/Discounting limits from the Bank. As in case of purchase or discounting of export documents drawn under export order, the security offered under L/C by way of substitution of credit-worthiness of the buyer by the issuing bank is not available, the bank financing is totally dependent upon the credit worthiness of the buyer, i.e. the importer, as well as that of the exporter or the beneficiary. The documents dawn on DP basis are parted with through foreign correspondent only when payment is received while in case of DA bills documents (including that of title to the goods) are passed on to the overseas importer against the acceptance of the draft to make payment on maturity. DA bills are thus unsecured. The bank financing against export bills is open to the risk of non-payment. Banks, in order to enhance security, generally opt for ECGC policies and guarantees which are issued in favor of the exporter/banks to protect their interest on percentage basis in case of non-payment or delayed payment which is not on account of mischief, mistake or negligence on the part of exporter. Within the total limit of policy issued to the customer, drawee-wise limits are generally fixed for individual customers. At the time of purchasing the bill bank has to ascertain that this drawee limit is not exceeded so as to make the bank ineligible for claim in case of non-payment.

Advances against Export Bills Sent on Collection: It may sometimes be possible to avail advance against export bills sent on collection. In such cases the export bills are sent by the bank on collection basis as against their purchase/discounting by the bank. Advance against such bills is granted by way of a 'separate loan' usually termed as 'post-shipment loan'. This facility is, in fact, another form of post- shipment advance and is sanctioned by the bank on the same terms and conditions as applicable to the facility of Negotiation/Purchase/Discount of export bills. A margin of 10 to 25% is, however, stipulated in such cases. The rates of interest etc., chargeable on this facility are also governed by the same rules. This type of facility is, however, not very popular and most of the advances against export bills are made by the bank by way of negotiation/purchase/discount.

Advance against Goods Sent on Consignment Basis: When the goods are exported on consignment basis at the risk of the exporter for sale and eventual remittance of sale proceeds to him by the agent/consignee, bank may finance against such transaction subject to the customer enjoying specific limit to that effect. However, the bank should ensure while forwarding shipping documents to its overseas branch/correspondent to instruct the latter to deliver the document only against Trust Receipt/Undertaking to deliver the sale proceeds by specified date, which should be within the prescribed date even if according to the practice in certain trades a bill for part of the estimated value is drawn in advance against the exports.

Advance against Undrawn Balance: In certain lines of export it is the trade practice that bills are not to be drawn for the full invoice value of the goods but to leave small part undrawn for payment after adjustment due to difference in rates, weight, quality etc. to be ascertained after approval and inspection of the goods. Banks do finance against the undrawn balance if undrawn balance is in conformity with the normal level of balance left undrawn in the particular line of export subject to a maximum of 10% of the value of export and an undertaking is obtained from the exporter that he will, within 6 months from due date of payment or the date of shipment of the goods, whichever is earlier surrender balance proceeds of the shipment. Against the specific prior approval from Reserve Bank of India the percentage of undrawn balance can be enhanced by the exporter and the finance can be made available accordingly at higher rate. Since the actual amount to be realised out of the undrawn balance, may be less than the undrawn balance, it is necessary to keep a margin on such advance.

Advance against Retention Money: Banks also grant advances against retention money, which is payable within one year from the date of shipment, at a concessional rate of interest up to 90 days. If such advances extend beyond one year, they are treated as deferred payment advances which are also eligible for concessional rate of interest.

Advances against Claims of Duty Drawback: Duty Drawback is permitted against exports of different categories of goods under the 'Customs and Central Excise Duty Drawback Rules, 1995'. Drawback in relation to goods manufactured in India and exported means a rebate of duties chargeable on any imported materials or excisable materials used in manufacture of such goods in India or rebate on excise duty chargeable under Central Excises Act, 1944 on certain specified goods. The Duty Drawback Scheme is administered by Directorate of Duty Drawback in the Ministry of Finance. The claims of duty drawback are settled by Custom House at the rates determined and notified by the Directorate. As per the present procedure, no separate claim of duty drawback is to be filed by the exporter. A copy of the shipping bill presented by the exporter at the time of making shipment of goods serves the purpose of claim of duty drawback as well. This claim is provisionally accepted by the customs at the time of shipment and the shipping bill is duly verified. The claim is settled by customs office later. As a further incentive to exporters, Customs Houses at Delhi, Mumbai, Calcutta, Chennai, Chandigarh, Hyderabad have evolved a simplified procedure under which claims of duty drawback are settled immediately after shipment and no funds of exporter are blocked.

However, where settlement is not possible under the simplified procedure exporters may obtain advances against claims of duty drawback as provisionally certified by customs.

Negotiation of Export documents Drawn under L/C: This aspect has been discussed in the chapter on Special Care for negotiation of Export Documents under Letter of Credit.

Rates of Interest
The rate of interest depends on the nature of the Bills, i.e., whether it is a demand bill or usance bill. Like pre-shipment, post-shipment finance is also available at concessional rate of interest. Present Rates of interest are as under:

Demand Bills for transit period Not exceeding ( as specified by FEDAI) 10% p.a.

Usance Bills (for total period comprising usance period of ex-port bills, transit period as specified by FEDAI and grace period, wherever applicable:

  1. Upto 90 days 10% p.a.
  2. Beyond 90 days and upto six 12% p.a.months from the date of shipment.
  3. Beyond six months from the 20% date of Shipment (Minimum)

Against duty drawback etc., receive- Not exce-vable from Government covered by adding 10%ECGC guarantees (upto 90 days) p.a. 4. Against undrawn balance (upto 90 days) -- do -- 5.Against retention money (for suppl- -- do -- ies portion only) payable within one year from the date of shipment (upto90 days)

Normal Transit Period: Foreign Exchange Dealers Association of India (FEDAI) has fixed transit period for export bills drawn on different countries in the world. The concept of this transit period is that an export bill should normally be realised within that period. The transit period so fixed by FEDAI is known as 'Normal Transit Period' and mainly depends on geographical location of a particular country.

Direct and Indirect Bill: If the currency of the bill is the same as the currency of the country on which it is drawn, it is termed as direct bill, e.g. an export bill in US $ drawn on a place in U.S.A. However, if the currency of the bill in which it is drawn is different than the currency of the country on which it is drawn, it is termed as indirect bill, e.g. an export bill in US $ drawn on a place in Japan. The normal transit period fixed for indirect bill is on higher side as compared to transit period fixed for direct bills.

Notional Due Date: To determine the due date of an export bill we have to consider the following 3 components: (1) Normal transit period as fixed by FEDAI (2) Usance period of the bill (3) Grace period if applicable in the country on which the bill is drawn. Grace period is applicable only in the case of usance bills. The notional due date of an export bill may thus be calculated after adding all the above 3 components The concessional rate of interest is chargeable upto the notional due date subject to a maximum of 90 days.

FORFAITING FINANCE BY AUTHORISED DEALERS: Reserve Bank has now permitted the authorised dealers (Banks) to arrange forfeiting of medium term export receivables p 7 3 on the same lines as per the scheme of EXIM Bank and many International forfeiting agencies have now become active in Indian market. Forfeiting may be usefully employed as an additional window of export finance particularly for exports to those countries for which normal exports credit is not intended by the commercial banks.It must be noted that charges of forfaiting are eventually to be passed on to the ultimate buyer and should, therefore, be so declared on relative export declaration forms.

EXTERNAL COMMERCIAL BORROWINGS: Proposals for raising foreign currency loans/credits viz., Buyer's Credits, Supplier's Credits or Lines of Credits by firms/companies/lending institutions, banks, etc. for financing cost of import of goods, technology or for any other purposes, other than short-term loans/credits maturing within one year should first be submitted to government of India, Ministry of Finance (Department Economic Affairs), ECB Division, New Delhi for necessary clearance. The proposals are considered by the government on merits of each case and in the light of prevailing Government policy. For details refer to (1) NABHI'S FOREIGN EXCHANGE MANUAL & (2) NABHI'S MANUAL OF SEBI GUIDELINES ON CAPITAL ISSUES, EURO ISSUES, MERCHANT BANKNG & MUTUAL FUNDS

EXIM BANK FINANCE: Besides commercial banks,export finance is also made available by the EXIM bank. The EXIM bank provides financial assistance to promote Indian exports through direct financial assistance , overseas investment finance, term finance for export production and export development, pre-shipment credit, lines of credit, re-lending facility, export bills re-discounting, refinance to commercial banks, finance for computer software exports, finance for export marketing and bulk import finance to commercial banks. The EXIM Bank also extends non-funded facility to Indian exports in the form of guarantees. The diversified lending programme of the EXIM Bank now covers various stages of exports, i.e. from the development export markets to expansion of production capacity for exports, production for export and post shipment financing. The EXIM Bank's focus is on export of manufactured goods, project exports, exports of technology, services and export of computer software.

Forfaiting Finance from EXIM Bank: A new financing option for the Indian exporters is available under the forfaiting finance Scheme recently introduced by the EXIM Bank. Forfaiting is a form of trade finance involving discounting of medium-term export receivables with or without recourse to the exporter. The arrangement envisages discounting by Indian exporters of bill of exchange/promissory notes relating to export transactions which are "avalised" or guaranteed by the buyer's bankers with overseas forfaiting agencies on "without recourse" basis.Briefly, the procedure involved in the scheme of for p 7 3 faiting finance by the Exim Bank is as follows:

Exporter initiates negotiations with the prospective overseas buyer with regard to the basic contract price, period of credit, rate of interest, etc., After successful negotiations, he furnishes the relevant particulars such as name and country of overseas buyer, contract value, nature of goods, tenure of credit, name and country of guaranteeing bankers to the Exim Bank and requests for an indicative discounting quote. Exim Bank obtains the indicative quote of forfaiting discount together with commitment fee and other charges, if any, to be paid by the exporter, from an overseas forfaiting agency.

On receipt of the indicative quote from the Exim Bank, the exporter finalises the terms of the contract, loading the discount and other charges in the value and approaches Exim Bank for obtaining a firm quote. Exim Bank arranges to get the same from an appropriate overseas forfaiting agency and furnishes the same to the exporter. At this stage, exporter would be required to confirm acceptance of the arrangement to Exim Bank within a specific period as stipulated by that Bank.

The export contract clearly indicates that the overseas buyer shall prepare a series of avalised Promissory Notes in favour of the exporter and hand them over against the shipping documents to his banker. The Prommissory Notes will be endorsed with the words without recourse by the exporter and handed over to his banker in India for onward transmission to the Exim Bank.

Alternatively, the export contract may provide for exporter to draw a series of Bills of exchange on the overseas buyer which will be sent with the shipping documents through latter's banker for acceptance by the overseas buyer. Overseas buyer's banker will handover the documents against acceptance of Bills of Exchange by the buyer and signature of 'aval' or the guaranteeing bank. Avalised and accepted bills of exchange will be returned to the exporter through his banker. Exporter will endorse avalised Bills of Exchange with the words 'without recourse' and return them to his banker for onward transmission to the Exim Bank.

Exim Bank will forward the Bills of Exchange/Promissory Notes after verification to the forfaiting agency for discounting by the latter.

Exim Bank will arrange to collect the discounted proceeds of Promissory Notes/Bills of Exchange from the overseas forfaiting agency and effect payment to the nostro account of the exporter's bank as per the latter's instruction.

Understand Foreign Exchange Rates & Protect Against their Adverse Movement

  1. Exchange Rates: Export contracts are concluded either in Indian rupee or in foreign currency. Where the contracts are in Indian rupee, the related documents are also prepared in Indian rupees and no conversion is involved. However, where the bill is drawn in foreign currency, like US $, , DM etc., you will get Indian rupees only after the conversion of foreign currency at the appropriate exchange rate. Thus the exchange rates become very important to determine the Indian rupees payable. A favorable exchange rate will fetch you more rupees and vice-versa. It, therefore, becomes essential for you to gain some basic knowledge about exchange rate, the working out of its quotation by the banks, the factors determining the exchange rates in the market and the precautions you should take so as to avoid possible losses in future, due to adverse movement of the exchange rates. In the following paragraphs we shall endeavor to explain these issues. The rates applied by the banks for converting foreign currency into Indian rupees and vice versa are known as exchange rates. In other words, exchange rate is the rate at which one currency can be exchanged for another. There are two systems of quoting exchange rates :
    1. Direct Quotation: Where the price of foreign currency is quoted in terms of home or local currency. In this system variable units of home currency equivalent to a fixed unit of foreign currency is quoted. For example : US $ 1 = Rs. 40.00
    2. Indirect Quotation: Where exchange rates are quoted in terms of variable units of foreign currency as equivalent to a fixed number of units of home currency. For example : US $ 2,500 = Rs. 40.00 Till 1.8.1993 banks were required to quote all the rates on indirect basis as foreign currency equivalent to Rs. 100 except in case of sale/purchase of foreign currency notes and traveller cheques where exchange rates on direct quotation basis were quoted.

From 2.8.1993 banks are quoting rates on direct basis only.There is distinction between inter-bank exchange rates and merchant rates. Merchant rates are the exchange rates applied by the bankers for transactions with their customers for various purposes, such as import, export, travel, remittances etc. These rates are calculated by the banks as per the guidelines issued by the Foreign Exchange Dealers Association of India (FEDAI). On the other hand inter-bank rates are the rates for transactions amongst the authorised dealers in foreign exchange. These rates depend on the market conditions. It is not in out of place to mention here that exchange rates are volatile and, therefore, you should make sincere efforts to choose appropriate time for tendering your export documents to the bank for purchase/negotiation. Therefore, plan your affairs in such a way that the documents are delivered to the bank when exchange rates are favorable enabling you to get more Indian rupees after conversion of foreign currency amount of the bill into Indian rupees. A distinction is also made between spot rates and forward rates. Spot rates are applicable on the day of transact p 7 3 tion , i.e, the same day, whereas forward rates are the rates fixed in advance for a transaction which will mature at a specified date or during a specified period in future. Quotations for spot rates only are generally available and the customers have to enter into specific contracts for forward rates. Foreign exchange rates are always quoted as two way price i.e., a rate at which the bank is willing to buy foreign currency (buying rate) and a rate at which the bank sells foreign currency (selling rate). Banks do expect some profit in exchange operations and there is always some difference in buying and selling rates. However, the maximum spread available to banks is restricted in terms of ceiling imposed by Reserve Bank of India. All exchange rates by authorised dealers are quoted in terms of their capacity as buyer or seller. Different sets of exchange rates are applied for various types of foreign exchange transactions as under :

TT Selling Rate: This rate is applied for all clean remittances outside India i.e., for selling foreign currency to its customer by the bank such as for issuance of bank drafts, mail/telegraphic transfers etc. Bill Selling Rate: This rate is applied for all foreign remittances outside India as proceeds of import bills payable in India. This rate is a little worse than TT selling rate.

TT Buying Rate: This rate is appled for purchase of foreign currency by banks where cover is already obtained by banks in India. Thus all foreign inward remittances which are made payable in India are converted by applying this rate. A mail transfer issued by a bank in Dubai for US $ 10,000 drawn on (say) Oriental Bank of Commerce in New York.

Bills Rate: This rate is applied for purchase of sight export bills which will result in foreign remittance to India after realisation. This rate is worsen than TT buying rate and, in addition, interest will also be recovered by the bank for the period for which the bank is out of funds.

Forward Contracts
Elimination of exchange risk due to movement in the exchange rat can be avoided by the following options:

  • By invoicing in Indian Rupees.
  • By fixing the Foreign Exchange Contract.

First alternative is possible only when the buyer agrees to it. He may have his own reasons for not agreeing to invoice in Indian rupees. The second alternative is commonly resorted to. This alternative involves booking of forward exchange contract with your bank.

This means that pending submission of documents to the bank for purchase/negotiation, you have made firm commitment with the bank under which you agree to sell to the bank foreign exchange at a future date/period and the bank agrees to purchase at the firm rate the foreign exchange to be tendered by you on that date / during the agreed period.

Thus you are in a position to know in advance the exchange rate you are going to get on submission of your export documents. Thus, though you have to pay some charge for booking a forward contract, you are certain about the rupee amount of the bill on conversion of foreign currency at a future date. For booking a forward contract, you should approach your bank with whom you are enjoying a credit limit.

The bank will book a forward contract only against a firm export order showing description and quantity of the goods to be supplied, aggregate price and approximate date of shipment. The bank can accept telex, cable order/fax in this regard, provided you give an undertaking to produce the original one. Where shipment has already been completed, forward contract will be booked on the basis of export bill tendered by you. It can also be booked against an irrevocable Letter of Credit provided L/C is complete in all respects and you give a declaration to the bank that you have not booked any forward contract against the underlying sale contract covering shipments under the L/C.You must ensure delivery of the related documents within the agreed period of the contract. In case you fail to deliver the documents within the specified period, the forward contract needs to be cancelled and fresh contract booked for which your bank will levy cancellation charges as per the FEDAI Rules.

In case the documents are delivered before the stipulated period, it will involve early delivery and bank will levy charges for the early delivery, as per FEDAI Rules. Where the documents are not delivered at all, contract has to be cancelled either at your request or by the bank itself under certain circumstances, and this will entail cancellation charges as per the FEDAI Rules.

It, therefore becomes extremely important that the period of delivery of the export documents is carefully chosen and strictly adhered to, so as to avoid unnecessary charges on account of early delivery or cancellation of forward contracts. However, facility for substitution of export order is permitted by RBI on specific request if the unfulfilled export order and the substituted order is for the same commodity.

Procuring/Manufacturing Goods for Export & their Inspection by Government Authorities

  1. Procuring / Manufacturing Goods

Once you are ready with the infrastructure for exporting goods and have obtained necessary finance, you should proceed to procure the goods for export. Procuring the goods should be done with extreme care and caution as to the quality and cost. However, procuring the raw materials etc. and manufacturing the goods for export will need extra efforts on your part. If you are an established exporter, you can have the facility of procuring raw materials under the Duty Exemption Scheme.

  1. Compulsory Quality Control & Preshipment Inspection

An important aspect about the goods to be exported is compulsory quality control and pre-shipment inspection. Under the Export(Quality Control and Inspection) Act, 1963, about 1000 commodities under the major groups of Food and Agriculture, Fishery, Minerals, Organic and Inorganic Chemicals, Rubber Products, Refractoriness, Ceramic Products, Pesticides, Light Engineering, Steel Products, Jute Products, Coir and Coir Products, Footwear and Footwear Products / Components are subject to compulsory pre-shipment inspection.

At times, foreign buyers lay down their own standards / specifications which may or may not be in consonance with the Indian standards. They may also insist upon inspection by their own nominated agencies. These issues should be sorted out before confirmation of order. Specific provisions have also been made for compulsory inspection of textile goods.

Products having ISI Certification mark or Agmark are not required to be inspected by any agency. These products do not fall within the purview of the export inspection agencies network. The Customs Authorities allow export of such goods even if not accompanied by any pre-shipment inspection certificate, provided they are otherwise satisfied that the goods carry ISI Certification or the Agmark.

Depending upon the nature of products, goods meant for export are inspected for quality in the following manner: Consignment to Consignment Inspection Each individual consignment is inspected by the Export Inspection Agency, Commodity Board and certificate of inspection is issued. The application for inspection for goods has to be submitted well in advance before the expected date of shipment of the consignment. Inspection of the consignment is generally carried out either at the premises of the exporter, provided adequate facilities exist therein for inspection, or at the port of shipment. The export inspection agency has a right to exercise supervision of inspected consignment(s) at any place or time.

The application should be made in duplicate in the new prescribed form 'Intimation for Inspection' as per standardised pre-shipment export documents to the nearest office of the respective Export Inspection Agency along with the following documents :

Particulars of the consignment intended to be exported. A crossed cheque/draft for the amount of requisite inspection fees or an Indian Postal Order.

    • Copy of the Commercial Invoice.
    • Copy of letter of credit.
    • Details of packing specifications.
    • Copy of the export order/contract, indicating inter alia the buyer's requirement that goods are strictly according to the prescribed specifications, or as per samples etc.

After satisfying itself that the consignment of exportable goods meets the requirements stipulated in the export contract/order, the inspection agency issues, generally within four days of receipt of intimation for inspection, the necessary certificate of inspection to the exporter in the prescribed proforma in five copies.

The certificate is issued in the standardised form which is aligned pre-shipment export document. (Three copies for exporter, original copy for customs use, the second copy for the use of the foreign buyer and the third copy for the exporter's use, fourth copy for Data Bank, Export Inspection Council, New Delhi and the fifth copy is retained with the agency for their own office record).

In-Process Quality Control (IPQC)

Certain products like chemicals or engineering goods are subject to this control. The inspection is done at various stages of production. The exporter has to get his unit registered as "Export Worthy" and keep record of processing and production. Inspection by the officers of Export Inspection Agency is done from time to time. The certification of inspection on the end-products is then given without in-depth study at the shipment stage. Under this system, export is allowed on the basis of adequacy of in-process quality control and inspection measures exercised by the manufacturing units themselves. The certificates of inspection in favor of the units approved under the scheme are issued by the Export Inspection Agencies (EIAs) in the normal course. However, these units are kept under surveillance by the EIAs and random spot checks of the consignments are carried out by them. Units approved under this system of in-process quality control may themselves issue the certificate of inspection, but only for the products for which they have been granted IPQC facilities. However, these units have the option either to get the certificate from the Export Inspection Agencies (EIAs) or issue the same themselves. Consequently, the manufacturer exporters of products approved under the IPQC have been recognised as an agency for pre-shipment inspection for export of engineering products for which they have been approved by the Export Inspection Agencies at Bombay, Calcutta, Cochin, Delhi and Madras.

Self Certification Scheme

Large manufacturers/exporters, export houses/tradingp 7 3 houses are allowed the facility of Self-Certification on the theory that the exporter himself is the best judge of the quality of his products and will not allow his reputation to be spoiled in the international market by compromising on quality. The industrial units having proven reputation and adequate testing facilities have to apply to the Director (Inspection and Quality Control), Export Inspection Council of India, 11th Floor, Pragati Tower, 26 Rajendra Place, New Delhi-110008. They are granted a certificate valid for a period of one year, allowing them self-certification facility. The facility is available to manufacturers of engineering products, chemical and allied products and marine products. During this period the exporter can issue a certificate signed by himself or by a person authorised by him. The certificate has to indicate the number and date of EIA's reference for registration under Self-Certification Scheme. It has to be issued in the aligned format as per new standardised pre-shipment documents. The approval of an industrial unit under this scheme is notified in the Gazette of India and the exporter has to pay a lump sum fee to the export inspection agencies depending upon his export turnover.

Minimum Quality Norms prescribed by the Export Inspection Council should be maintained and achieved for the grant of facility under Self-Certification Scheme.

  1. ISO 9000

The discussion on quality control and preshipment inspection will be incomplete without saying a few words about ISO 9000.The ISO-9000 Series of Standards evolved by the International Standards Organisation has been accepted worldwide as the norm assuring high quality of goods. The ISO-9000 is also the hallmark of a good quality- oriented system for suppliers and manufacturers. It identifies the basic principles underlying quality, and specifies the procedures and criteria to be followed to ensure that what leaves the manufacturer / supplier's premises fully meets the customers requirements. The ISO-9000 series of standards are basically quality assurance standards and not product standards.ISO-9000 spells out how a company can establish, document and maintain an effective and economic quality control system which will demonstrate to the customer that the company is committed to quality. The series of Standards aims the following:

    • Increased customer confidence in the company
    • Shift from a system of inspection, to one of quality management
    • Removing the need for multiple assessments of suppliers
    • Gaining management commitment
    • Linking quality to cost-effectiveness
    • Giving customers what they need

The implementation of ISO-9000 Standards involves:

    • Management education
    • Writing quality policy
    • Nominating a quality representative
    • Identifying responsibilities
    • Identifying business processes
    • Writing a quality manual
    • Writing procedures
    • Writing work instructions

It is thus clear that the ISO-9000 series of standards constitute of concept of Total Quality Management (TQM).

Labeling, Packaging, Packing and Marking Goods
An important stage after manufacturing of goods or their procurement is their preparation for shipment. This involves labeling, packaging, packing and marking of export consignments. Labeling requirements differ from country to country and the same should be ascertained well in advance from the buyer. The label should indicate quality, quantity, method of use etc. Special international care labels have been specified for the textile items by GINITEX, and the same should be scrupulously adhered to. Packaging fulfills a vital role in helping to get your export products to the market in top condition, as well as in presenting your goods to the overseas buyer in an attractive way. While packaging, quality should not be compromised merely to cut down costs, packaging should also be in conformity with the instructions issued by the importer. Packing refers to the external containers used for transportation . The shape of packing cases play a very important role in packing the cargo, and the nature of packing material to be used will depend upon the items exported As regard specification for the size, weight and strength care must be taken to ensure that the weight of standard case does not exceed 50 Kg. for easy handling of the cargo. Before packing and sealing the goods, it should be ensured that all the contents are properly placed in the case and the list of contents of packing notes should be prepared so that the buyer, the Customs authorities and the Insurance authorities can easily check the contents of each and every case.

The consolidated statement of contents for a number of case is called the Packing List, which should be prepared in the prescribed standardised format.

Marking means to mark the address, number of packages etc. on the packets. It is essential for identification purpose and should provide information on exporters' mark, port of destination, place of destination, order number and date, gross, net and tare weight and handling instructions. It should also be ensured that while putting marks, the law of buyer's country is duly compiled with.

All shipping cases should be marked a number with special symbols selected by the exporters or the importers, so that the competitors cannot find out the details of the customers and the country of destination or supplier's country of despatch. Care should also be taken to ensure that the marking conforms to those written in the invoice, insurance certificate, bill of lading and other documents. The International Cargo Handling Co-ordination, Association has set out for the use of exporters a number of recommendations for the marking of goods carried by ocean-going vessels. They are equally useful for sending goods by other modes of transportation.

Suggestions:

The marks should appear in certain order. Essential data should be placed in oblong frames with lines 1.5 centimeters thick, and subsidiary information should be placed in another type of frame.

Declaration on large packages should be placed on two continuous sides, and for consignments bound together on a pallet, also on the top.

Handling instructions should be placed on all four sides. Similar packages, such as goods in sacks, should be marked on two opposite sides.

Lettering should be at least 7.5 centimeters high for essential data, and at least 3.5 centimeters for subsidiary data. If the package is too small for such letter, other sizes may be used, but in the same ratio. The sizes of the symbols should also be in proportion to the size of the package and of the other markings.

Only fast dyes should be used for lettering. Essential data should be in black and subsidiary data in a less conspicuous colour; red and orange lettering should be reversed for dangerous goods only. For food packed in sacks, only harmless dyes should be employed, and the dye should not come through the packing in such a way as to affect the goods.

Stick-on labels should only be used on individual package or parcel and all old labels should be removed. Marking should be made by stencil or by branding or by pencil or brush without a stencil. If stencils are used, care should be taken that the letters and figures are perfectly legible to prevent confusion. This is especially true of the letters and figures --- B.R.P, O, G-G-D-C, H.N; 3-8 : 6-9 and 1-7.

The surface to be marked should be smooth and clean. If packages are to be bonded, they can be marked before this is done; the hoops should not however, cover the markings.

The figure should indicate the total number of packages making up the consignment and the consecutive number of the individual package. For example :1520/15/1 identifies the first package of a total number of 15 packets and 1520/15/15 the last one.

The name of the ship and the bill of lading number should be shown when this is possible. Handling instructions must appear in the language of the exporter and importer, and also, if possible, in the language of the countries where goods are to be handled en route or trans shipped.

New Excise Procedure
All excisable goods exported out of India are exempt from payment of Central Excise Duties, for which two different procedures have been approved

Rebate of Duty on Goods Export Procedure

Under the first procedure, known as 'Rebate of duty on Goods Export. The manufacturer has first to pay the excise duty on goods meant for export and then claim refund of the same after exportation of such goods to countries except Nepal and Bhutan. This is done under Rule 12 of Central Excise Rules. Under this rule, rebate of duty is granted for the finished stage as well as input stage. Rebate of duty in respect of the excisable materials used in the manufacture of the exported goods shall not be allowed if the exporter avails of the drawback allowed under the Customs and Central Excise Duties Drawback Rules, 1995 or Modvat. The following procedure should be followed while exporting under the rebate of duty. Removal of goods under claim of rebate from a factory or warehouse without examination by the Central Excise Officers. The exporters are allowed to remove the goods for export on their own without getting the goods examined by the Central Excise Officers. Form AR4 in such cases should be prepared in sixtuplicate, giving all particulars and declarations. The exporter shall deliver triplicate, and quadruplicate, quintuplicateand sixtuplicate copies of AR4 to the Superintendent of Central Excise having jurisdiction over the factory or the warehouse, within 24 hours of the removal of the consignment and would retain the original and duplicate copies for presenting along with the consignment to the Customs Officer at the point of export. The jurisdictional superintendent of Central Excise examines the information contained in AR4 and verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true, he signs at appropriate places in the four copies of AR4 submitted to him and plus his stamp with his name and designation below his signature. He would then dispose of the triplicate, quadruplicate, quintuplicate and sixtuplicate copies of AR4 as under:-

  1. Triplicate: To there bate sanctioning authority viz. Maritime Commissioner of Central Excise or the assistant commissioner of Central Excise declared by the exporter on the AR4. This copy on the request of exporter may be sealed and handed over to the exporter / his authorized agent for presenting to the rebate sanctioning authority.
  2. Quadruplicate: To the Chief Accounts Officer in the Commissionerate Headquarters.
  3. Quintuplicate: Office copy to be retained by the Central Excise Officer.
  4. Sixtuplicate: To be given to the exporter.

Procedure for exports under Central Excise Seal Where the exporter desires the sealing of the goods by the Central Excise Officers so that the export goods may not be examined by the Customs Officers at the Port/Airport of shipment, he should present an AR4 application in sixtuplicate to the Superintendent of Central Excise having jurisdiction over the factory/warehouse at least 24 hours before the intended removal of the export goods from the factory/warehouse. The Superintendent of Central Excise may depute an Inspector of Central Excise or may himself go for sealing and examination of the export consignment. Where the AR4 indicates that the export is in discharge of an export obligation under a Quantity-based advance License or a Value-based Advance License issued under the Duty Exemption Scheme, in such cases the consignment is invariably examined and sealed by the Superintendent of Central Excise himself. The Central Excise Officer examining the consignment would draw samples wherever necessary in triplicate. He would hand over two sets of samples, duly sealed, to the exporter or his authorized agent, for delivering to the Customs Officers at the point of export. He would retain the third set for his records. The export consignment is carefully examined vis-`-vis the description of goods, their value and other particulars/declarations on the AR4. The Central Excise Officer verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true he would allow the clearances and also sign all the six copies of the AR4 at appropriate places and put his stamp with his name and designation below his signature. The copies of AR4 are disposed of as under:

Original and Duplicate: To the exporter for presenting to Customs Officer at the point of export along with the export consignment.

Triplicate: To the rebate sanctioning authority i.e. Maritime Commissioner of Central Excise or the jurisdictional Assistant Commissioner of Central Excise, as declared by the exporter on the AR4. The Central Excise officer may handover this copy under the sealed cover on exporter's request.

Quadruplicate: To the Chief Accounts Officer at his Commissionerate Headquarters.

Quintuplicate: To be retained for records.

Export under Bond Procedure

Under the second procedure known as "Exports Under Bond" goods can be exported out of India except to Nepal or Bhutan without prior payment of duty subject to the execution of the Bond with security / security for a sum equivalent to the duty chargeable on the goods to be exported. This is done under Rule 13 of Central Excise Rules which deals with export of goods in Bond as well as utilisation of raw materials etc. without payment of duty for manufacture and export of excisable goods. The following procedure has been prescribed in this regard.

Golden Rule (Export)

Golden Rule: In order to be successful in exporting one must fully research its markets. No one should ever try to tackle every market at once. Many enthusiastic persons bitten by the export bug, fail because they bite off more than they can chew. Overseas design and product requirements must be carefully considered.

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Always sell as close to the market as possible. The fewer intermediaries one has the better, because every intermediary needs some percentage for his share in his business, which means less profit for the exporter and higher prices for the customer. All goods for export must be efficiently produced. They must be produced with due regard to the needs of export markets. It is no use trying to sell windows which open outwards in a country where, traditionally, windows open inwards.

Sell Experience: If a person cannot easily export his goods, may be he can sell his experience. Alternatively, he can concentrate on supplying goods and materials to exporters' who already have established an export trade. He can concentrate on making what are termed 'own brand' products, much demanded by buyers in overseas markets which have the manufacturing know-how or facilities.

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Selling in Export: In today's competitive world, everyone has to be sold. The customer always has a choice of suppliers. Selling is an honorable profession, and you have to be an expert salesman.

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On-Time Deliveries: Late deliveries are not always an exporters fault. Dock strikes, go-slows, etc. occur almost everywhere in the world. If one enters into export for the first time, he must ensure of fast and efficient delivery of the promised consignment.

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Communication: Communication internal and external must be comprehensive and immediate. Good communication is vital in export. When you are in doubt, pick up the phone or email for immediate clarification.

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Testing Product: The risk of failure in export markets can be minimized by intelligent use of research. Before committing to a large-scale operation overseas, try out on a small scale. Use the a sample test, and any mistakes can then be corrected without much harm having been done. While the test campaign may appear to cost more initially, remember that some of the cost will be repaid by sales, so that test marketing often turns out to be cheaper.

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Approach: If possible some indication of the attitudes towards the product should be established, like any sales operation. Even if the product is successful, to obtain reactions from the customer.


Preliminaries for Starting Export Business

Setting up an appropriate business organization

The first and the foremost question you as a prospective exporter has to decide is about the kind of business organisation needed for the purpose. You have to take a crucial decision as to whether a business will be run as a sole proprietary concern or a partnership firm or a company. The proper selection of organisation will depend upon

  • Your ability to raise finance
  • Your capacity to bear the risk
  • Your desire to exercise control over the business
  • Nature of regulatory framework applicable to you

If the size of the business is small, it would be advantageous to form a sole proprietary business organisation. It can be set up easily without much expenses and legal formalities. It is subject to only a few governmental regulations. However, the biggest disadvantage of #138;sole proprietary business is limited liability to raise funds which restricts its growth. Besides, the owner has unlimited personal liability. In order to avoid this disadvantage, it is advisable to form a partnership firm. The partnership firm can also be set up with ease and economy. Business can take benefit of the varied experiences and expertise of the partners. The liability of the partner though joint and several, is practically distributed amongst the various partners, despite the fact that the personal liability of the partner is unlimited. The major disadvantage of partnership form of business organisation is that conflict amongst the partners is a potential threat to the business. It will not be out of place to mention here that partnership firms are governed by the Indian Partnership Act,1932 and, therefore they should be form within the parameters laid down by the Act.

Exporters Manual and Documentation

Company is another form of business organisation,which has the advantage of distinct legal identity and limited liability to the shareholders. It can be a private limited company or a public limited company. A private limited company can be formed by just two persons subscribing to its share capital. However, the number of its shareholders cannot exceed fifty, public cannot be invited to subscribe to its capital and the member's right to transfer shares is restricted. On the other hand, a public limited company has a minimum of seven members. There is no limit to maximum number of its members. It can invite the public to subscribe to its capital and permit the transfer of shares. A public limited company offers enormous potential for growth because of access to substantial funds. The liquidity of investment is high because of easiness of transfer of shares. However, its formation can be recommended only when the size of the business is large. For small business, a sole proprietary concern or a partnership firm will be the most suitable form of business organisation.In case it is decided to incorporate a private limited company, the same is to be registered with the Registrar of Companies.

For details as to be procedures for registration with the registrar of Companies, kindly refer to Nabhi's FORMATION AND MANAGEMENT OF A PRIVATE COMPANY ALONG WITH PRACTICAL PROCEDURES.

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Choosing appropriate mode of operation

You can chose any of the following modes of operations:

Merchant Exporter i.e. buying the goods from the market or from a manufacturer and then selling them to foreign buyers.

Manufacturer Exporter i.e. manufacturing the goods yourself for export Sales Agent/Commission Agent/Indenting Agent i.e. acting on behalf of the seller and charging commission Buying Agent i.e. acting on behalf of the buyer and charging commission

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Naming the Business

Whatever form of business organisation has been finally decided, naming the business is an essential task for every exporter. The name and style should be attractive, short and meaningful. Simple and attractive name indicating the nature of business is ideal. The office should be located preferably in a commercial complex, in clean and workable surroundings. The letter head should be simple and superb providing information concerning H.O., branches, cable address, telephone number, fax number, banker's name and address etc. Pick up a beautiful trade name and logo which reinforces your organisation's name and image.

Open a current account in the name of the organisation in whose name you intend to export. It is advisable to open the account with a bank which is authorised to deal in Foreign Exchange.

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Selecting the Company

Carefully select the product to be exported. For proper selection of product, study the trends of export of different items from India. The selected product must be in demand in the countries where it is to be exported. It should be possible to procure or manufacture the selected product at most economic cost so that it can be competitively priced. It should also be available in sufficient quantity and it should be possible to supply it repeatedly and regularly. Besides, while selecting the product, it has to be ensured that you are conversant with government policy and regulations in respect of product selected for export. You should also know import regulations in respect of such commodities by the importing countries. It would be preferable if you have previous knowledge and experience of commodities selected by you for export. A non-technical person should avoid in dealing in high tech products.

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Making effective Business Correspondence

You should recognise the importance of business correspondence as it is an introduction with the buyer in proxy which may clinch his response according to the impression created by the correspondence. For creating a very favorable and excellent impression, you must use a beautiful letter head on airmail paper and a good envelope, nicely printed, giving fully particulars of your firm's name, telephone, telex and fax number etc. Your language should be polite, soft, brief and to the point, giving a very clear picture of the subject to be put before the customer. Letters should be typed/ computer typed set, preferably in the language of the importing country. Also make sure that the full and correct address is written and the envelope is duly stamped. It should also be borne in mind that the aim of your business correspondence is not only to clinch the buyer's order but also to obtain the information on the following:

The specifications of the products already in use in the importing country. Whether your product meets the above specifications. If not, Whether your specifications offer any distinct advantages in terms of prices, quality, after-sales service, etc. The import policy prevailing in the buyer's country (e.g. whether there is any import licensing, any restrictions on remittances, any pre-qualification for product/supplier, etc.)

The trade practices in the buyers' country with special reference to your product, information like whether importers import and distribute the product/high sea sales, whether agent is required to book orders from actual users etc. In case your item requires after sales service, the manner in which it can be offered. The prices at which your product sells in the retail/wholesale market, the duty structure and any other cost element to arrive at the landed cost. Information on the margins at which the product is sold. This information will help you in evolving a pricing strategy.

Study of various market segments viz. Importers, Supermarkets, Government Suppliers, Institutional Sales, Tenders, Suppliers, etc.

The various factors that rule the market viz. Quality, Price, Delivery, Brand Name, Credit Terms, etc. Role of advertising and publicity and reference to the product and the country.

A specimen export letter is given below :

Specimen of Introductory Letter to International Importers

Ref: TIL/NYK2001/ 14th Novl,2000

The Manager (Purchase)

M/s. TIL Ltd.

.........................

.........................

(U.S.A.)

Dear Sir,

We are exporters of a wide variety of items including .......... for the last ten years. Our major buyers are ......... in .......... We are one of the registered export houses in India. We represent .......... the leading manufacturers of these items in India. These items are produced in collaboration with .........., the world famous company. We follow the ISI specifications. We believe that your company imports the items we export. We are enclosing herewith a copy of our brochure and price list for your perusal. We shall be glad to send you detailed literature/ samples of items that may be of interests to you.

Yours sincerely,

For NYK Ltd.

Manager (Marketing)

Encl: As above.

Comments :

The text can be suitably amended with reference to the manufacturing activity or/items dealt in by the exporter.

Where the manufacturing is not in collaboration with a foreign company, it need not be referred to.

Product literature (of the buyer's interest) and price list should invariably be sent along with the letter.

The price list should categorically indicate whether the prices are f.o.b., & C&f or c.i.f. etc. However, discount need not be indicated in the price list.

The profile about your company should generally include the following matters:

  • Company's name and address /Telex /Telephone /Cable /Fax/Email/ Date of establishment
  • Export Executives
  • Status: Partnership/ Company (Pvt. Ltd./Pub.Ltd) Govt.(Semi-Govt.)
  • Bank Reference
  • Exporting Since
  • Value of Assets
  • No. of Employees/ Manufacturing/ Sales/ Administration
  • Foreign Offices/Representatives, if any
  • Exporter/ Manufacturer/ Agent
  • Main Line
  • Technical Collaboration
  • Standards/Specification followed
  • Major Buyers- In India; Abroad

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Selecting the markets

Target markets should be selected after careful consideration of various factors like political embargo, scope of exporter's selected product, demand stability, preferential treatment to products from developing countries, market penetration by competitive countries and products, distance of potential market, transport problems, language problems, tariff and non-tariff barriers, distribution infrastructure, size of demand in the market, expected life span of market and product requirements, sales and distribution channels. For this purpose you should collect adequate market information before selecting one or more target markets. The information can be collected from various sources like Export Promotion Council (EPCs)/Commodity Boards, Federation of Indian Export Organisation, (FIEO), Indian Institute of Foreign Trade (IIFT), Indian Trade Promotion Organisation (ITPO), Indian Embassies Abroad, Foreign Embassies in India, Import Promotion Institutions Abroad, Overseas Chambers of Commerce and Industries, Various Directories, Journals, Market Survey Reports.

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Selecting prospective Buyers

You can collect addresses of the prospective buyers of the commodity from the following sources:

Enquiries from friends and relatives or other acquaintances residing in foreign countries.

Visiting/ participating in International Trade Fairs and Exhibitions in India and abroad. Contact with the Export Promotion Councils, Commodity Boards and other Government Agencies. List given in Appendix 4 of this book).

Consulting International Yellow Pages (A Publication from New York by Dun & Bradstreet, USA or other Yellow Pages of different countries like Japan,Dubai Etc.)

Collecting addresses from various Private Indian Publications Directories available on cost at Jain Book Agency,C-9, Connaught Place, New Delhi-1. (PH. 3355686, Fax.3731117).

Collecting information from International Trade Directories/ Journals/periodicals available in the libraries of Directorate General of Commercial Intelligenceand Statistics, IIFT, EPCs, ITPO etc. A list of selected trade directories published abroad is given in Appendix 5 of this book.

Making contacts with Trade Representatives of Overseas Govt. in India and Indian Trade and Other Representatives/ International Trade Development Authorities abroad. A list of international trade development authorities abroad like Foreign Chambers of Commerce etc. is given in Nabhi's EXPORTERS MANUAL AND DOCUMENTATION.

Reading biweekly, fortnightly, monthly bulletins such as Indian Trade Journal, Export Service Bulletin, Bulletins and Magazines issued and published by Federation of Exporters' Organisations, ITPO, EPCs, Commodity Boards and other allied agencies. A list of Indian Trade Periodicals containing names and addresses of importers is given in Appendix 6 of this book.

Visiting Embassies, Consulates etc. of other countries and taking note of addresses of importers for products proposed to be exported.

Advertising in newspapers having overseas editions and other foreign newspapers and magazines etc.

Consulting ITPO,IIFT,etc.

Contacting authorised dealers in foreign exchange with whom exporter is maintaining bank account.

Overseas importers can be contacted or informed about the products by the following methods:

By corresponding and sending brochures and product literature to prospective overseas buyers.

By undertaking trips to foreign markets and establishing personal rapport with overseas buyers. The number of trips will depend on your budget and resources. But it is essential forlong-term success in international marketing to establish personal rapport. Foreign trip will provide first-hand information regarding the market, overseas customers, their requirement, taste, preference and better out communication of the merits of exporters' products.

Participation in buyer-seller meets and meeting the members of foreign delegation invited by Export Promotion Councils concerned.

Participation in international trade fairs, seminars.

Advertisement and publicity in overseas reputed newspapers and magazines. Facilities of free publicity can be availed from Import Development Centres.

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Selecting channels of distribution

The following channels of distribution are generally utilised while exporting to overseas markets :

  • Exports through Export Consortia
  • Export through Canalising Agencies
  • Export through Other Established Merchant Exporters or Export Houses, or Trading Houses
  • Direct Exports
  • Export through Overseas Sales Agencies

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Negotiating with Prospective Buyers

Whatever the channel of distribution for exporting to the overseas countries is proposed to be is utilized, it is essential that the exporters should possess the necessary skill for negotiating with the overseas channels of distribution. The ability to negatiate effectively is needed for discussion with importers or trade agents. While conducting business negotiations, the prospective exporter should avoid conflict, controversy and criticism vis-`-vis the other party. During conversation the attitude should be to communicate effectively. There should be coherence, creativity, compromise, concessions, commonality, consensus, commitment and compensation in business negotiations. The general problem you may face is about pricing. The buyer's contention is that prices are too high. It should be noted that though the price is only one of the many issues that are discussed during business negotiations, it influences the entire negotiating process.

Since this is the most sensitive issue in business negotiations, it should be tactfully postponed until all the issues have been discussed and mutually agreed upon. As far as the price is concerned, you should try to determine the buyer's real interest in the product from the outset, only then a suitable counter proposal should be presented. It should also be remembered that the buyer may request modifications in presentation of the product. You should show the willingness to meet such request, if possible, provided that it will result in profitable export business. Price being the most important sales tool, it has to be properly developed and presented.

Therefore, in order to create a favorable impression, minimize costly errors and generate repeated business. The following points should be kept in mind while preparing the price list:

Submit a typewritten list, printed on the regular bond paper and laid out simply and clearly (with at least an inch between columns and between groupings) Prominently indicate the name of your company, its full address, telephone and fax numbers, including the country and city codes. Fully describe the items being quoted. Group the items logically( i.e. all the fabrics together, all the made-up together etc.).

Specify whether shipped by sea or by air, f.o.b. or c.i.f. and to what port.

Quote exact amount and not rounded-off figures.

Mention the dates upto which the prices quoted will remain valid.

Where there is an internal reference number which must be quoted, to keep it short (the buyer has no interest in this detail and the more complex it is, the greater is the risk of error).

As regards the factors determining your price, please refer to 'EXPORT PRICING AND COSTING'

One main point regarding export pricing is that while negotiating with overseas buyer, you may not remember the cost of a product. It may also be difficult for you to remember the profit margin built in various prices quoted by you. A clear jotting of this information is not free from the risk of being leaked out to the competitors or to the overseas buyers.

Some coding is, therefore, essential for the prices quoted by you so that at any stage/point of time, you can always utilise the information, enabling you to profitably negotiate with the overseas buyer. This can be done by assigning codes to the cost price.

For assigning codes to the cost price, you may select an English password consisting of 10 separate letters, each letter to represent a numerical figure. For example: 'CRAZY MOUTH' is the password selected by you, where C=1, R=2, A=3, Z=4, Y=5, M=6, O=7, U=8, T=9, H=0. This password can be successfully used for recognising various items of exports and their varieties.

Thus, a brass candle stand which is being quoted at Rs. 100(sale price) but whose cost price to you is Rs 25.50 will be coded as item number 'RYYH' and then assigned with a running serial number to make it more fascinating. You can decode the word 'RYYH' to write as Rs 25.50 so as to get an idea of difference between the Sale Price and the Cost Price, which will provide you the range within which you can negotiate with overseas buyers.

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Processing an Export order

You should not be happy merely on receiving an export order. You should first acknowledge the export order, and then proceed to examine carefully in respect of items, specification, preshipment inspection, payment conditions, special packaging, labeling and marketing requirements, shipment and delivery date, marine insurance, documentation etc. if you are satisfied on these aspects, a formal confirmation should be sent to the buyer, otherwise clarification should be sought from the buyer before confirming the order. After confirmation of the export order immediate steps should be taken for procurement/manufacture of the export goods. In the meanwhile, you should proceed to enter into a formal export contract with the overseas buyer.

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Entering into an Export contract

In order to avoid disputes, it is necessary to enter into an export contract with the overseas buyer. For this purpose, export contract should be carefully drafted incorporating comprehensive but in precise terms, all relevant and important conditions of the trade deal.

There should not be any ambiguity regarding the exact specifications of goods and terms of sale including export price, mode of payment, storage and distribution methods, type of packaging, port of shipment, delivery schedule etc. The different aspects of an export contract are enumerated as under :

  • Product, Standards and Specifications
  • Quantity
  • Inspection
  • Total Value of Contract
  • Terms of Delivery
  • Taxes, Duties and Charges
  • Period of Delivery/Shipment
  • Packing, Labeling and Marking
  • Terms of Payment-- Amount/Mode & Currency
  • Discounts and Commissions
  • Licenses and Permits
  • Insurance
  • Documentary Requirements
  • Guarantee
  • Force Majeure of Excuse for Non-performance of contract
  • Remedies
  • Arbitration It will not be out of place to mention here the importance of arbitration clause in an export contract Court proceedings do not offer a satisfactory method for settlement of commercial disputes, as they involve inevitable delays, costs and technicalities. On the other hand, arbitration provides an economic, expeditious and informal remedy for settlement of commercial disputes. Arbitration proceedings are conducted in privacy and the awards are kept confidential. The Arbitrator is usually an expert in the subject matter of the dispute. The dates for arbitration meetings are fixed with the convenience of all concerned. Thus, arbitration is the most suitable way for settlements of commercial disputes and it may invariably be used by businessmen in their commercial dealings.

The Indian Council of Arbitration Federation House, Tansen Marg, New Delhi. (Ph. 3319251 Fax:3320714) is a specialized arbitration institution providing arbitration facilities for all types of domestic or international commercial disputes. You should use their services as far a possible.

BRIEF SPECIMEN CONTRACT FORM FOR SALE PURCHASE TRANSACTIONS

EXPORTS AND IMPORTS

    1. Name and address of the parties.......(state correct appellation and complete address of the parties)
    2. We, the above named parties have entered into this contract for the sale/purchase, etc. ....... (state briefly the purpose of the contract) on this ........(date) at ........(place)..... subject to the following terms and conditions:
      1. Goods ................
      2. Quantity ...............Quality................. (Describe the quantity, quality and the other specifications of the goods precisely as per the agreement. An agency for inspection/certification of quality and/or quantity may also be stipulated).
      3. Price................ Mode of payment ...................(Quote the price, terms, i.e. ex-works/FOB(free on board) CIF(Cost, Insurance & Freight) etc. in the currency agreed upon and describe the mode of payment i.e. payment against L/C(letter of credit)/DA (document against acceptance) /D/P(document against payment)etc. It is also desirable to mention the exchange rate.)
      4. Shipment...............(Specify date of delivery and the maximum period upto which delivery could be delayed and for which reasons, port of shipment and delivery should be mentioned).
      5. Packing and marking...............(Requirements to be specified precisely)
      6. Insurance .................(State the type of insurance cover required, i.e. FPA(free from particular average)/WA (with average)/ All Risks, etc. State also the party responsible for insurance)
      7. Brokerage/Commission ........(if any payable may be mentioned)
      8. Passing of the property and of risk. The property or ownership of the goods and the risk shall finally pass to the buyer at such stage as the parties may agree, i.e. when the goods are delivered at the seller's place of work/pass the ship's rails/are covered by insurance etc. as per agreed terms).

Arbitration

Arbitration clause recommended by the Indian Council of Arbitration: "All disputes or differences whatsoever arising between the parties out of relating to the construction, meaning and operation or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the rules of the arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties."(or any other arbitration clause that may be agreed upon between the parties). 3.Any other special condition, prevalent in or relevant to the particular line of trade or transaction, may also be specified.

Sd/-Seller

Sd/-Buyer

Notes: The above specimen contract form, drawn up in brief essentials, is meant for simple small scale transactions and is intended to draw the attention of the parties to important aspects of the trade deal in drafting the contract. The parties are free to add to or modify the terms as per the peculiar nature of their trade transaction. They may also consult with advantage, experienced commercial or arbitration bodies for the purpose or study published literature on the subject. The use of the arbitration clauses in commercial contracts is becoming increasingly commom, particularly in export-import transactions, with a view to promoting smooth and swift flow of business. The Indian Council of Arbitration (ICA) which is partly founded by the Government of India, provides comprehensive institutional arbitration service to all government departments and public undertakings as well as private traders, exporters and importers in India for amicable and quick settlement of all types of commercial disputes. It has been suggested by the Ministry of Commerce that all commercial organisations should make use of the arbitration clause of the Council in their commercial contracts with Indian and foreign parties.

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Export Pricing and Costing

Export pricing should be differentiated from export costing. Price is what we offer to the customer.Cost is the price that we pay/incur for the product. Price includes our profit margin, cost includes only expenses we have incurred. Export pricing is the most important tool for promoting sales and facing international competition. The price has to be realistically worked out taking into consideration all export benefits and expenses. However, there is no fixed formula for successful export pricing. It will differ from exporter to exporter depending upon whether the exporter is a merchant exporter or a manufacturer exporter or exporting through a canalising agency. You should also assess the strength of your competitor and anticipate the move of the competitor in the market. Pricing strategies will depend on various circumstantial situations. You can still be competitive with higher prices but with better delivery package or other advantages.

Your prices will be determined by the following factors:

    • Range of products offered
    • Prompt deliveries and continuity in supply
    • After-sales service in products like machine tools, consumer durables
    • Product differentiation and brand image
    • Frequency of purchase
    • Presumed relationship between quality and price
    • Specialty value goods and gift items
    • Credit offered
    • Preference or prejudice for products originating from a particular source
    • Aggressive marketing and sales promotion
    • Prompt acceptance and settlement of claims
    • Unique value goods and gift items

Export Costing is basically Cost Accountant's job. It consists of fixed cost and variable cost comprising various elements. It is advisable to prepare an export costing sheet for every export product. For the format of the export costing sheet and other relevant details refer to Nabhi's EXPORTERS MANUAL AND DOCUMENTATION.As regards quoting the prices to the overseas buyer, the same are quoted in the following internationally accepted terms:

Ex-Works: 'Ex-works' means that your responsibility is to make goods available to the buyer at works or factory. The full cost and risk involved in bringing the goods from this place to the desired destination will be borne by the buyer. This term thus represents the minimum obligation for you. It is mostly used for sale of plantation commodities such as tea, coffee and cocoa.

Free on Rail(FOR): Free on Truck(FOT):These terms are used when the goods are to be carried by rail, but they are also used for road transport. Your obligations are fulfilled when the goods are delivered to the carrier.

Free Alongside Ship (FAS): Once the goods have been placed alongside the ship, your obligations are fulfilled and the buyer notified. The buyer has to contract with the sea carrier for the carriage of the goods to the destination and pay the freight. The buyer has to bear all costs and risks of loss or damage to the goods hereafter.

Free on Board (FOB): Your responsibility ends the moment the contracted goods are placed on board the ship, free of cost to the buyer at a port of shipment named in the sales contract. 'On board' means that a 'Received for Shipment' B/L (Bill of Lading) is not sufficient. Such B/L if issued must be converted into 'Shipped on Board B/L' by using the stamp 'Shipped on Board' and must bear signature of the carrier or his authorised representative together with date on which the goods were 'boarded'.

Cost and Freight (C&F): You must on your own risk and not as an agent of the buyer, contract for the carriage of the goods to the port of destination named in the sale contract and pay the freight. This being a shipment contract, the point of delivery is fixed to the ship's rail and the risk of loss or of damage to the goods is transferred from the seller to the buyer at that very point. As will be seen though you bear the cost of carriage to the named destination, the risk is already transferred to the buyer at the port of shipment itself.

Cost Insurance Freight (CIF): The term is basically the same as C&F, but with the addition that you have to obtain insurance at your cost against the risks of loss or damage to the goods during the carriage.

Freight or Carriage Paid (DCP): While C&F is used for goods which are to be carried by sea, the term "DCP" is used for land transport only, including national and international transport by road, rail and inland waterways. You have to contract for the carriage of the goods to the agreed destination named in the contract of the sale and pay freight. Your obligations are fulfilled when the goods are delivered to the first carrier and not beyond. In case the buyer desires you to insure the goods till the destination, he would add 'including insurance' before the word 'Paid in Freight' or 'Carriage Paid to'.

EXS/EX-Ship: This is an arrival contract and means that you make the goods available to the buyer in the ship at the named port of destination as per sales contract. You have to bear the full cost and risk involved in bringing the goods there. Your obligation is fulfilled before the customs border of the foreign country and it is for the buyer to obtain necessary import license at his own risk and expense.

EXQ/Ex-Quay: Ex-Quay means that you make the goods available to the buyer at a named quay. As in the term 'Ex-Ship' the points of division of costs and risks coincide, but they have now been moved one step further -- from the ship into the quay or wharf i.e. after crossing the customs border at destination. Therefore, in addition to arranging for carriage and paying freight and insurance you have to bear the cost of unloading the goods from the ship.

Delivered at Frontier (DAF): The term is primarily intended to be used when the goods are to be carried by rail or road. Your obligations are fulfilled when the goods have arrived at the frontier, but before the 'Customs border' of the country named in the sales contract.

Delivery Duty Paid (DDP): This term may be used irrespective of the type of transport involved and denotes your maximum obligation as opposed to 'Ex-Works'. You have not fulfilled his obligation till such time that the goods are made available at his risk and cost to the buyer at his premises or any other named destination. In the latter case necessary documents (e.g. transport document or Warehouse Warrant) will have to be made available to the buyer to enable him to take delivery of goods. The term 'duty' includes taxes, fees and charges.Therefore, the obligation to pay VAT (Value Added Tax) levied upon importation will fall upon you. It is, therefore, advisable to use 'exclusive of VAT' after the words 'duty paid'.

FAO/FOB Airport: 'FOB Airport' is based on the same main principle as the ordinary FOB term. You fulfill your obligation by delivering the goods to the air carrier at the airport of departure. Without the buyer's approval delivery at a town terminal outside the airport is not sufficient, your obligations with respect to costs and risks do not extend to the arrival of the goods at the destination.

Free Carrier (Named Point) FRC: The term has been designed particularly to meet the requirements of modern transport like 'multi-modal' transport as container or 'roll-on-roll-off' traffic by trailers and ferries. The principles on which the term is based is same as applicable to FOB except that the seller or the exporter fulfills his obligations when he delivers the goods into the custody of the carrier at the named point.

Freight Carriage and Insurance Paid (CIP): The term is similar to 'Freight or Carriage Paid to'. However, in case of CIP you have additionally to procure transport insurance against the risk of loss or damage to the goods during the carriage. You contract with the insurer and pay the insurance premium.

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Understanding risks in International trade

While selling abroad, you may undergo the following risks:

    1. Credit risk
    2. Currency risk
    3. Carriage risk
    4. Country risk

These risks can be insured to a great extent by taking appropriate steps. Credit risk against the buyer can be covered by insisting upon an irrevocable letter of credit from the overseas buyer. An appropriate policy from Export Credit and Guarantee Corporation of India Ltd. can also be obtained for this purpose. Country risks are also covered by the ECGC. As regards currency risk, i.e. possible loss due to adverse fluctuation in exchange rate, You should obtain forward cover from your bank authorised to deal in foreign exchange. Alternatively, you should obtain export order in Indian rupee. Carriage risk, i.e. possible loss of cargo in transit can be covered by taking a marine insurance policy from the general insurance companies.

Registration

  • Registration with Reserve Bank Of India: No longer required. Prior to 1.1.1997 it was compulsory for every exporter to obtain an exporters' code number from the Reserve Bank of India before engaging in export. This has since been dispensed with and registration with the licensing authorities is sufficient before commencing export or import.
  • Registration with Regional Licensing: Authorities (obtaining IEC Code Number) The Customs Authorities will not allow you to import or export goods into or from India unless you hold a valid IEC number. For obtaining IEC number you should apply to Regional Licensing Authority (list given in Appendix 2) in duplicate in the prescribed form given in Appendix 1. Before applying for IEC number it is necessary to open a bank account in the name of your company / firm with any commercial bank authorised to deal in foreign exchange. The duly signed application form should be supported by the following documents:

Bank Receipt (in duplicates)/Demand Draft for payment of the fee of Rs. 1,000/-.

Certificate from the Banker of the applicant firm as per Annexure 1 to the form given in Appendix 1 of this Book.

Two copies of Passport size photographs of the applicant duly attested by the banker to the applicants.

A copy of Permanent Account Number issued by Income Tax Authorities. If PAN has not been allotted, a copy of application of PAN submitted to Income Tax Authorities.

In case the application is signed by an authorised signatory, a copy of the letter of legal authority may be furnished.

If there is any non-resident interest in the firm and NRI investment is to be made with repatriation benefits, a simple declaration indicating whether it is held with the general/specific permission of the RBI on the letter head of the firm should be furnished. In case of specific approval, a copy may also be furnished.

Declaration by the applicant that the proprietors/partners/directors of the applicant firm/company, as the case may be, are not associated as proprietor/partners/directors with any other firm/company which has been caution-listed by the RBI. Where the applicant is so associated with a caution-listed firm/company the IEC No. is allotted with a condition that he can export only with the prior approval of the RBI.

Exporter's Profile as per form attached to Appendix 1 of this book (See Appendix 1A of this Book). The Regional Licensing Authority concerned will on merits grant an IEC number to the applicant. The number should normally be given within 3 days provided the application is complete in all respects and is accompanied by the prescribed documents. An IEC number allotted to an applicant shall be valid for all its branches/divisions as indicated on the IEC number.

Register With Export Promotion Council
In order to enable you to obtain benefits/concession under the export-import policy, you are required to register yourself with an appropriate export promotion agency by obtaining registration-cum- membership certificate.

For this purpose you should apply in the prescribed form, given at Appendix 3 of this Book to the Export Promotion Council relating to your main line of business.

For list of Registering Agencies, please refer to Appendix 4 of this Book. However, if the export is such that it is not covered by any EPC, RCMC in respect thereof may be obtained from the Regional Licensing Authority concerned.

An application for registration should be accompanied by a self certified copy of the Importer-Exporter code number issued by the Regional Licensing Authority concerned and bank certificate in support of the applicant's financial soundness. In case an exporter desires to get registration as a manufacturer exporter, he should furnish evidence to that effect. In the case of a manufacturer exporter the licensing authority may seek copy of registration with SSI/any other sponsoring authority in addition to the application in the prescribed form for the Import Export Code Number.

If the application for registration is granted, the EPC or FIEO shall issue the RCMC indicating the status of the applicant as merchant exporter or manufacturer exporter. The RCMC shall be valid for five years ending 31st March of the licensing year. The certificate shall be deemed to be valid from 1st April of the licensing year in which it was issued.

Registration With Sales Tax Authorities: Goods which are to be shipped out of the country for export are eligible for exemption from both Sales Tax and Central Sales Tax. For this purpose, you should get yourself registered with the Sales Tax Authority of your state after following the procedure prescribed under the Sales Tax Act applicable to your State.

Despatching Samples
As the overseas buyers generally insist for the samples before placing confirmed orders, it is essential that the samples are attractive, informative and have retention and reminder value. Besides, the exporter should know the Government policy and procedures for export of samples from India. He should also be aware about the cheapest modes of sending samples.

In this connection, it is advised that the postal channel is comparatively cheaper than sending samples by air. While sending samples through postal channel due regard should be given to weight and dimension of the post parcels as postal authorities have prescribed maximum weight and dimension for the post parcels handled by them. Where it is not possible to send the samples by post parcels, the same may be sent by air. So far as the Government policy regarding export of samples is concerned, distinction has been made between export of commercial samples and gift parcels. In terms of Para 11.4 of the Import Export Policy as modified upto 31.3.1999, goods including edible items of value not exceeding Rs.1,00,000 in a licensing year may be exported as a gift. Items mentioned as restricted for exports in the ITC (HS) Classifications of Export & Import Items shall not be exported as a gift without a license except in the case of edible items. Export of bonafide trade and technical samples having indelible marking as "sample not for sale" is allowed freely without any limit. However, in such cases where indelible marking is not available, the samples may be allowed for a value not exceeding US $ 10,000, per consignment. In addition the exporter has the option to avail the facility of free samples upto US $ 5,000 or 1% of the preceding year's exports, whichever is higher. An application for export of gifts/samples in excess of the limits specified above may be made to the DGFT.

Special provisions have been made for export of garment samples. Garment samples are allowed to be exported only by exporters who are registered with the Apparel Export Promotion Council (AEPC) or the Wool and Woolen Export Promotion Council for woolen Knitwears. Export of samples to be sent by post parcel or air freight are further divided into 3 categories, namely : 1.Samples of value upto Rs.10,000, 2.Samples of value less than Rs. 25,000, 3.Samples of value more than Rs. 25,000.Where the value of the articles is less than Rs. 10,000, the exporter should file a simple declaration that the sample does not involve foreign exchange and its value is less than Rs. 10,000.Where the value of samples is more than Rs. 10,000 but less than Rs. 25,000 you should obtain a value certificate from the authorised dealer in foreign exchange (i.e. your bank). For this purpose, you should submit a commercial invoice certifying thereon that the parcel does not involve foreign exchange and the aggregate value of the samples exported by you does not exceed Rs. 25,000 in the current calendar year.If the value of samples exceeds Rs. 25,000 you should obtain Gr/PP waiver from the Reserve Bank of India.

Export of trade samples is allowed by sea/air (as distinguished from sea/airmail) without any value restriction, provided the customs authorities are satisfied about the bona fide of the goods that they do not fall in the export control restrictions. However, customs authorities may ask for suitable documentary evidence in this regard viz. correspondence etc. with the overseas buyer. Trade samples against which the foreign buyer agrees to make payment can be exported in the same manner in which normal exports are effected. Samples can also be carried personally by you while traveling abroad provided these are otherwise permissible or cleared for export as explained earlier.

However, in case of precious jewelry/stone items, you should declare the same to the customs authorities while leaving the country and obtain necessary endorsement on export certificate issued by the Jewelry Appraiser of the Customs.

Appointing Agents
Selling through an overseas agent is an effective strategy. These agents serve as a source of market intelligence. Regularly sending the latest trends on the current fashion, taste and price in the market. Being a man on the spot, the agent is in a position to render his advice to exporter or new methods and strategy for pushing up sales of your products. He also provides you support in the matter of transportation, reservation of accommodation, appointment with the government as and when required by you. In some countries it is compulsory under their law to sell through local agents only. It is, therefore, essential that you should carefully select your overseas agent.

Consider the points listed below when appointing an Agent :

  • Size of the agent's company
  • Date of foundation of the agent's company
  • Company's ownership and control
  • Company's capital, funds, available and liabilities
  • Name, age and experience of the company's senior executives
  • Number, age and experience of the company's salesman
  • Oher agencies that the company holds, including those of competing products and turn-over of each
  • Length of company's association with other principal
  • New agencies that the company obtained or lost during the past year
  • Company's total annual sales and the trends in its sales in recent years
  • Company's sales coverage, overall and by area
  • Number of sales calls per month and per salesman by company staff
  • Any major obstacles expected in the company's sales growth
  • Agent's capability to provide sales promotion and advertising services
  • Agent's transport facilities and warehousing capacity
  • Agent's rate of commission; payment terms required
  • References on the agents from banks, trade associations and major buyers

Some source of information on agents are:

  • Government Departments Trade Associations
  • Chambers of Commerce
  • Banks
  • Independent Consultants
  • Export Promotion Councils
  • Advertisement Abroad.

Specimen Copy of Agreement
An agreement made this the ....... day ....... of between .......(name and address) hereinafter called the exporters of the first part and ........ (name and address) hereinafter called the importers of the second part, wherein the exporters grant to the importers the importation and selling right in the territory of ..........(fill name of country) for .........(names and brief description of product) subject to the terms and conditions given below :

  1. The exporter agrees that during the currency of the agreement he will not correspond or in any way deal with any part in the territory specified unless requested to do so by the importers.
  2. The exporter agrees that any orders or enquiries relating to the specified territory received by him during the currency of this agreement will be passed on to the importers to deal with.
  3. The exporter agrees that he will make shipment of all orders received from the importers by earliest shipping opportunity unless prevented from so doing by circumstances beyond the former's control.
  4. The exporter agrees to charge the importers for all goods ordered during the currency of this agreement the prices detailed in Price List No. ......... appended to this agreement unless any order is received at least one month after notification of price changes by the exporter to the importer.
  5. The exporter agrees to pay the importer commission on ......... (fill in the dates of each year during the currency of this agreement) at the rate of ...... per cent of ....... the F.O.B. value of all orders satisfactorily completed during the ...... months preceding the dates specified.
  6. The exporter agrees that he will allow to the importers ........ per cent ....... of the value of all business satisfactorily completed with the importers during the currency of this agreement as contribution towards the importer's costs in publicising the products covered by this agreement. This allowance is to be settled by deduction from the manufacturer's invoices to the importers.
  7. The importers agree that during the currency of this agreement they will not sell, recommend or in any other way deal with any competing or rivaling lines in the territory specified.
  8. The importers agree that they will use their best efforts and endeavors at all times during the currency of this agreement to promote the sales of products covered by this agreement.
  9. The importers agree that they will make net and full payment for all goods ordered through confirmed and irrevocable letter of credit established in ........... (name of manufacturer's town or city). OR The importers agree that they will make net and full payment for all goods ordered against presentation of draft and shipping documents in ......... (name of importer's town or city). OR The importers agree that they will immediately upon presentation at ......... and retire such drafts net and in full upon maturity.
  10. The importers agree that they will write to the manufacturer at least once each calendar month and will send to the manufacturer a full market report on the prospects for sale of the products covered by this agreement every six months.
  11. The importer agrees that they will place regular and adequate order with the manufacturer amounting in total to not less than ........ during the first calendar year and not less than Rs. .......... in each and every subsequent year during the currency of this agreement.
  12. This agreement shall become valid with effect from the date of shipment of the substantial order amounting in value of not less than Rs. ........ and remain in force for a period of twelve calendar months there from subject to either party being at liberty to terminate this agreement without notice in the event of the other party being in breach of any of the terms and conditions stated herein.
  13. Notwithstanding anything herein aforesaid if during the first twelve calendar months the importers have placed satisfactory orders with the exporters amounting to not less than Rs. ....... this agreement shall be automatically renewed year after year provided that in the twelve calendar months immediately preceding the expiry date satisfactorily business amounting in total to not less than Rs. ....... has been placed by the importers with the manufacturer.
  14. Any disputes arising under this agreement shall be settled in accordance with Indian Law in (.............)

Witness.............. (Exporter)

Witness.............. (Importer)

Acquire Export License
Exports free unless regulated: The current Export Licensing Policy of the Government of India is contained in the new Import Export Policy and Procedures, 1997-2002 as amended upto 31.3.1999. The Policy and Procedures are amended from time to time and for latest position kindly refer to. However, for the sake of information of the prospective exporters, it may be stated that all goods may be exported without any restriction except to the extent such exports are regulated by the ITC (HS) Classifications of Export and Import items or any other provisions of this policy or any other law for the time being in force. The Director General of Foreign Trade may, however, specify through a Public Notice such terms and conditions according to which any goods, not included in the ITC (HS) Classifications of Export and Import items may be exported without a license. Such terms and conditions may include Minimum Export Price (MEP), registration with specified authorities, quantitative ceilings and compliance with other laws, rules, regulations.

Application for an Export License: An application for grant of export license in respect of items mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import items may be made in the form given in Appendix-18A or 18B or 18C, as the case may be, to the Director General of Foreign Trade and shall be accompanied by the documents prescribed therein. The Export Licensing Committee under the Chairmanship of Export Commissioner shall consider such applications on merits for issue of export licenses special High Powered Licensing Committee under the Chairmanship of Director General of Foreign Trade shall consider applications for export of dual purpose chemicals and for special materials, equipment and technologies, as specified in Schedule 2 Appendix 5 and Schedule 2 Appendix 6 respectively of the book p 7 3 titled ITC(HS) Classifications of Export and Import items on the basis of guidelines issued in this regard from time to time.

Export of Canalised Items: An application for export of canalised items mentioned in ITC (HS) Classifications of Export and Import items may be made to the Director General of Foreign Trade.

Trade Fairs/Exhibitions: Any Indian wishing to organise any Trade Fair/Exhibition in India or abroad, would be required to obtain a certificate from an officer of the rank not below that of an Under Secretary to the Government of India, in the Ministry of Commerce, or an Officer of India Trade Promotion Organisation, duly authorised by its chairman in this behalf, to the effect that such exhibition, fair or as the case may be, similar show or display, has been approved or sponsored by the Government of India in the Ministry of Commerce or the India Trade Promotion Organisation and the same is being held in public interest.

Gifts/Spares/Replacement Goods: For export of gifts, indigenous/imported spares and replacement goods in excess of the prescribed ceiling/period, an application may be made to the Director General of Foreign Trade.

Export through Courier Service: Import/Exports through a registered courier service is permitted as per the Notification issued by the Department of Revenue. However, importability/exportability of such items shall be regulated in accordance with the policy.

Acquire Export Credit Insurance
Export credit insurance protects you from the consequences of the payment risks, both political and commercial. It enables you to expand your overseas business without fear of loss. Further, it creates a favorable climate for you under which you can hope to get timely and liberal credit facilities from the banks at home.

You can obtain Export Credit Insurance from the Export Credit and Guarantee Corporation of India Limited. In order to provide you Export Credit Insurance, the following covers are issued by the ECGC :

Standard policies to protect you against the risk of not p 7 3 receiving payment while trading with overseas buyers on short-term credit.

Specific policies designed to protect you against the risk of not receiving payment in respect of:

  • exports on deferred payment terms
  • services rendered to foreign parties
  • construction work, including turnkey projects undertaken abroad

The policies are either:

Whole Turnover Policies in the form of 'Open Cover' in respect of shipments made during 24 months period. You have to obtain credit limit on each one of your buyers to enable ECGC to approve a limit on the basis of credit worthiness of the buyer. These policies are basically similar to whole turnover policies but only apply to specific contracts.

Specific Policies for exports of capital goods on medium or long-term credit, turnkey projects, civil construction works and technical services.These policies are basically similar to whole turnover policies but only apply to specific contracts.

Financial guarantees issued to banks against risk involved in providing credit or guarantee facilities to you, and

Special schemes viz. transfer guarantee issued to protect banks which add confirmation to letters of credit, Insurance cover for Buyers' Credit, Lines of Credit, Joint Ventures and Overseas Investment Insurance, and Exchange Fluctuation Risk Insurance. The other guarantees which banks can offer to youthrough ECGC schemes are :--- Bid Bonds,--- Advance Payments Guarantee,--- Bank guarantee for due performance of the contract by the exporter,---Bank guarantee for payment of retention money,--- Bank guarantee for loans in foreign currencies. Details of these schemes can be obtained from your own banker or local office of the Export Credit and Guarantee Corporation of India Ltd.

The Shipments (Comprehensive Risks) Policy is the one ideally suited to cover risks in respect of goods exported on short-term credit. Shipments to associates or to agents and those against letter of credit can be covered for only political risks by suitable endorsements to the shipments (comprehensive risks) Policy. Premium is charged on such shipments at lower rates.

For obtaining a policy you should apply to the nearest office of the ECGC in the prescribed Form no.121 (obtainable from ECGC) along with the following documents :

  1. Bank Certificate about the financial position
  2. Application form for fixing the credit limit
  3. Name/address of foreign buyer fixing sub-limits

After examining the proposal, ECGC would send the exporter an offer letter stating the terms of its cover and premium rates. The policy will be issued after the exporter conveys his consent to the premium rate and pays a non-refundable policy fee of Rs. 100 for policies with maximum liability limit p 7 3 upto Rs. 5 lakhs; Rs. 200 between Rs. 5 lakhs and Rs. 20 lakhs and Rs. 100 for each additional Rs. 10 lakhs or part thereof subject to a ceiling of Rs. 2500.As commercial risks are not covered in the absence of a credit limit, you are advised to apply to ECGC for approval of credit limit on buyer in the prescribed Form No:144 (obtainable from ECGC) before making shipment. Credit limit is the limit upto which claim can be paid under the policy for losses on account of commercial risks. If no application for credit limit on a buyer has been made, ECGC accepts liability for commercial risks upto a maximum of Rs. 5,00,000 for D.P./C.A.D. transactions and Rs. 2,00,000 for D.A. transactions provided that at least three shipments have been effected to the buyer during the preceding two years on similar terms, at least one of them was not less than the discretionary limit availed of by the exporter and the buyer had made payment on the due dates.

Arranging Finance
Financial assistance to the exporters are generally provided by Commercial Banks, before shipment as well as after shipment of the said goods. The assistance provided before shipment of goods is known as per-shipment finance and that provided after the shipment of goods is known as post-shipment finance.Pre-shipment finance is given for working capital for purchase of raw-material, processing, packing, transportation, ware-housing etc. of the goods meant for export. Post-shipment finance is provided for bridging the gap between the shipment of goods and realization of export proceeds. The later is done by the Banks by purchasing or negotiating the export documents or by extending advance against export bills accepted on collection basis. While doing so, the Banks adjust the pre-shipment advance, if any, already granted to the exporter.

Pre-Shipment Finance

An application for pre-shipment advance should be made by you to your banker along with the following documents:

Confirmed export order/contract or L/C etc. in original. Where it is not available, an undertaking to the effect that the same will be produced to the bank within a reasonable time for verification and endorsement should be given. An undertaking that the advance will be utilised for the specific purpose of procuring/manufacturing/shipping etc., of the goods meant for export only, as stated in the relative confirmed export order or the L/C. If you are a sub-supplier and want to supply the goods to the Export/Trading/Star Trading House or Merchant Exporter, an undertaking from the Merchant

Exporter or Export/Trading/Star Trading House stating that they have not/will p 7 3 not avail themselves of packing credit facility against the same transaction for the same purpose till the original packing credit is liquidated. Copies of Income Tax/Wealth Tax assessment Order for the last 2-3 years in the case of sole proprietary and partnership firm. Copy of Exporter's Code Number (CNX). Copy of a valid RCMC (Registration-cum-Membership Certificate) held by you and/or the Export/Trading/StarTrading House Certificate. Appropriate policy/guarantee of the ECGC.

Any other document required by the Bank. For encouraging exports, R.B.I. has instructed the banks to grant preshipment advance at a concessional rate of interest. The present rate of interest is 10% p.a. for preshipment advance upto an initial period of 180 days. Preshipment advance for a further period of 90 days is given at the concessional rate of 13% p.a. Banks are free to determine the interest rate for advances beyond 270 days and upto 360 days.

Following special schemes are also available in respect of pre-shipment finance:

Exim Bank's scheme for grant of foreign currency pre-shipment credit to exporters for financing cost of imported inputs for manufacture of export products.

Scheme of export packing credit to sub-suppliers from export order.

Packing credit for deemed exports.

Pre-shipment Credit in Foreign Currency (PCFC). For further details refer to Nabhi's "How to Borrow from Financial and Banking Institutions".

Post Shipment Finance

Post-shipment finance is the finance provided against shipping documents. It is also provided against duty drawback claims. It is provided in the following forms:

Purchase of Export Documents drawn under Export Order: Purchase or discount facilities in respect of export bills drawn under confirmed export order are generally granted to the customers who are enjoying Bill Purchase/Discounting limits from the Bank. As in case of purchase or discounting of export documents drawn under export order, the security offered under L/C by way of substitution of credit-worthiness of the buyer by the issuing bank is not available, the bank financing is totally dependent upon the credit worthiness of the buyer, i.e. the importer, as well as that of the exporter or the beneficiary. The documents dawn on DP basis are parted with through foreign correspondent only when payment is received while in case of DA bills documents (including that of title to the goods) are passed on to the overseas importer against the acceptance of the draft to make payment on maturity. DA bills are thus unsecured. The bank financing against export bills is open to the risk of non-payment. Banks, in order to enhance security, generally opt for ECGC policies and guarantees which are issued in favor of the exporter/banks to protect their interest on percentage basis in case of non-payment or delayed payment which is not on account of mischief, mistake or negligence on the part of exporter. Within the total limit of policy issued to the customer, drawee-wise limits are generally fixed for individual customers. At the time of purchasing the bill bank has to ascertain that this drawee limit is not exceeded so as to make the bank ineligible for claim in case of non-payment.

Advances against Export Bills Sent on Collection: It may sometimes be possible to avail advance against export bills sent on collection. In such cases the export bills are sent by the bank on collection basis as against their purchase/discounting by the bank. Advance against such bills is granted by way of a 'separate loan' usually termed as 'post-shipment loan'. This facility is, in fact, another form of post- shipment advance and is sanctioned by the bank on the same terms and conditions as applicable to the facility of Negotiation/Purchase/Discount of export bills. A margin of 10 to 25% is, however, stipulated in such cases. The rates of interest etc., chargeable on this facility are also governed by the same rules. This type of facility is, however, not very popular and most of the advances against export bills are made by the bank by way of negotiation/purchase/discount.

Advance against Goods Sent on Consignment Basis: When the goods are exported on consignment basis at the risk of the exporter for sale and eventual remittance of sale proceeds to him by the agent/consignee, bank may finance against such transaction subject to the customer enjoying specific limit to that effect. However, the bank should ensure while forwarding shipping documents to its overseas branch/correspondent to instruct the latter to deliver the document only against Trust Receipt/Undertaking to deliver the sale proceeds by specified date, which should be within the prescribed date even if according to the practice in certain trades a bill for part of the estimated value is drawn in advance against the exports.

Advance against Undrawn Balance: In certain lines of export it is the trade practice that bills are not to be drawn for the full invoice value of the goods but to leave small part undrawn for payment after adjustment due to difference in rates, weight, quality etc. to be ascertained after approval and inspection of the goods. Banks do finance against the undrawn balance if undrawn balance is in conformity with the normal level of balance left undrawn in the particular line of export subject to a maximum of 10% of the value of export and an undertaking is obtained from the exporter that he will, within 6 months from due date of payment or the date of shipment of the goods, whichever is earlier surrender balance proceeds of the shipment. Against the specific prior approval from Reserve Bank of India the percentage of undrawn balance can be enhanced by the exporter and the finance can be made available accordingly at higher rate. Since the actual amount to be realised out of the undrawn balance, may be less than the undrawn balance, it is necessary to keep a margin on such advance.

Advance against Retention Money: Banks also grant advances against retention money, which is payable within one year from the date of shipment, at a concessional rate of interest up to 90 days. If such advances extend beyond one year, they are treated as deferred payment advances which are also eligible for concessional rate of interest.

Advances against Claims of Duty Drawback: Duty Drawback is permitted against exports of different categories of goods under the 'Customs and Central Excise Duty Drawback Rules, 1995'. Drawback in relation to goods manufactured in India and exported means a rebate of duties chargeable on any imported materials or excisable materials used in manufacture of such goods in India or rebate on excise duty chargeable under Central Excises Act, 1944 on certain specified goods. The Duty Drawback Scheme is administered by Directorate of Duty Drawback in the Ministry of Finance. The claims of duty drawback are settled by Custom House at the rates determined and notified by the Directorate. As per the present procedure, no separate claim of duty drawback is to be filed by the exporter. A copy of the shipping bill presented by the exporter at the time of making shipment of goods serves the purpose of claim of duty drawback as well. This claim is provisionally accepted by the customs at the time of shipment and the shipping bill is duly verified. The claim is settled by customs office later. As a further incentive to exporters, Customs Houses at Delhi, Mumbai, Calcutta, Chennai, Chandigarh, Hyderabad have evolved a simplified procedure under which claims of duty drawback are settled immediately after shipment and no funds of exporter are blocked.

However, where settlement is not possible under the simplified procedure exporters may obtain advances against claims of duty drawback as provisionally certified by customs.

Negotiation of Export documents Drawn under L/C: This aspect has been discussed in the chapter on Special Care for negotiation of Export Documents under Letter of Credit.

Rates of Interest
The rate of interest depends on the nature of the Bills, i.e., whether it is a demand bill or usance bill. Like pre-shipment, post-shipment finance is also available at concessional rate of interest. Present Rates of interest are as under:

Demand Bills for transit period Not exceeding ( as specified by FEDAI) 10% p.a.

Usance Bills (for total period comprising usance period of ex-port bills, transit period as specified by FEDAI and grace period, wherever applicable:

  1. Upto 90 days 10% p.a.
  2. Beyond 90 days and upto six 12% p.a.months from the date of shipment.
  3. Beyond six months from the 20% date of Shipment (Minimum)

Against duty drawback etc., receive- Not exce-vable from Government covered by adding 10%ECGC guarantees (upto 90 days) p.a. 4. Against undrawn balance (upto 90 days) -- do -- 5.Against retention money (for suppl- -- do -- ies portion only) payable within one year from the date of shipment (upto90 days)

Normal Transit Period: Foreign Exchange Dealers Association of India (FEDAI) has fixed transit period for export bills drawn on different countries in the world. The concept of this transit period is that an export bill should normally be realised within that period. The transit period so fixed by FEDAI is known as 'Normal Transit Period' and mainly depends on geographical location of a particular country.

Direct and Indirect Bill: If the currency of the bill is the same as the currency of the country on which it is drawn, it is termed as direct bill, e.g. an export bill in US $ drawn on a place in U.S.A. However, if the currency of the bill in which it is drawn is different than the currency of the country on which it is drawn, it is termed as indirect bill, e.g. an export bill in US $ drawn on a place in Japan. The normal transit period fixed for indirect bill is on higher side as compared to transit period fixed for direct bills.

Notional Due Date: To determine the due date of an export bill we have to consider the following 3 components: (1) Normal transit period as fixed by FEDAI (2) Usance period of the bill (3) Grace period if applicable in the country on which the bill is drawn. Grace period is applicable only in the case of usance bills. The notional due date of an export bill may thus be calculated after adding all the above 3 components The concessional rate of interest is chargeable upto the notional due date subject to a maximum of 90 days.

FORFAITING FINANCE BY AUTHORISED DEALERS: Reserve Bank has now permitted the authorised dealers (Banks) to arrange forfeiting of medium term export receivables p 7 3 on the same lines as per the scheme of EXIM Bank and many International forfeiting agencies have now become active in Indian market. Forfeiting may be usefully employed as an additional window of export finance particularly for exports to those countries for which normal exports credit is not intended by the commercial banks.It must be noted that charges of forfaiting are eventually to be passed on to the ultimate buyer and should, therefore, be so declared on relative export declaration forms.

EXTERNAL COMMERCIAL BORROWINGS: Proposals for raising foreign currency loans/credits viz., Buyer's Credits, Supplier's Credits or Lines of Credits by firms/companies/lending institutions, banks, etc. for financing cost of import of goods, technology or for any other purposes, other than short-term loans/credits maturing within one year should first be submitted to government of India, Ministry of Finance (Department Economic Affairs), ECB Division, New Delhi for necessary clearance. The proposals are considered by the government on merits of each case and in the light of prevailing Government policy. For details refer to (1) NABHI'S FOREIGN EXCHANGE MANUAL & (2) NABHI'S MANUAL OF SEBI GUIDELINES ON CAPITAL ISSUES, EURO ISSUES, MERCHANT BANKNG & MUTUAL FUNDS

EXIM BANK FINANCE: Besides commercial banks,export finance is also made available by the EXIM bank. The EXIM bank provides financial assistance to promote Indian exports through direct financial assistance , overseas investment finance, term finance for export production and export development, pre-shipment credit, lines of credit, re-lending facility, export bills re-discounting, refinance to commercial banks, finance for computer software exports, finance for export marketing and bulk import finance to commercial banks. The EXIM Bank also extends non-funded facility to Indian exports in the form of guarantees. The diversified lending programme of the EXIM Bank now covers various stages of exports, i.e. from the development export markets to expansion of production capacity for exports, production for export and post shipment financing. The EXIM Bank's focus is on export of manufactured goods, project exports, exports of technology, services and export of computer software.

Forfaiting Finance from EXIM Bank: A new financing option for the Indian exporters is available under the forfaiting finance Scheme recently introduced by the EXIM Bank. Forfaiting is a form of trade finance involving discounting of medium-term export receivables with or without recourse to the exporter. The arrangement envisages discounting by Indian exporters of bill of exchange/promissory notes relating to export transactions which are "avalised" or guaranteed by the buyer's bankers with overseas forfaiting agencies on "without recourse" basis.Briefly, the procedure involved in the scheme of for p 7 3 faiting finance by the Exim Bank is as follows:

Exporter initiates negotiations with the prospective overseas buyer with regard to the basic contract price, period of credit, rate of interest, etc., After successful negotiations, he furnishes the relevant particulars such as name and country of overseas buyer, contract value, nature of goods, tenure of credit, name and country of guaranteeing bankers to the Exim Bank and requests for an indicative discounting quote. Exim Bank obtains the indicative quote of forfaiting discount together with commitment fee and other charges, if any, to be paid by the exporter, from an overseas forfaiting agency.

On receipt of the indicative quote from the Exim Bank, the exporter finalises the terms of the contract, loading the discount and other charges in the value and approaches Exim Bank for obtaining a firm quote. Exim Bank arranges to get the same from an appropriate overseas forfaiting agency and furnishes the same to the exporter. At this stage, exporter would be required to confirm acceptance of the arrangement to Exim Bank within a specific period as stipulated by that Bank.

The export contract clearly indicates that the overseas buyer shall prepare a series of avalised Promissory Notes in favour of the exporter and hand them over against the shipping documents to his banker. The Prommissory Notes will be endorsed with the words without recourse by the exporter and handed over to his banker in India for onward transmission to the Exim Bank.

Alternatively, the export contract may provide for exporter to draw a series of Bills of exchange on the overseas buyer which will be sent with the shipping documents through latter's banker for acceptance by the overseas buyer. Overseas buyer's banker will handover the documents against acceptance of Bills of Exchange by the buyer and signature of 'aval' or the guaranteeing bank. Avalised and accepted bills of exchange will be returned to the exporter through his banker. Exporter will endorse avalised Bills of Exchange with the words 'without recourse' and return them to his banker for onward transmission to the Exim Bank.

Exim Bank will forward the Bills of Exchange/Promissory Notes after verification to the forfaiting agency for discounting by the latter.

Exim Bank will arrange to collect the discounted proceeds of Promissory Notes/Bills of Exchange from the overseas forfaiting agency and effect payment to the nostro account of the exporter's bank as per the latter's instruction.

Understand Foreign Exchange Rates & Protect Against their Adverse Movement

  1. Exchange Rates: Export contracts are concluded either in Indian rupee or in foreign currency. Where the contracts are in Indian rupee, the related documents are also prepared in Indian rupees and no conversion is involved. However, where the bill is drawn in foreign currency, like US $, , DM etc., you will get Indian rupees only after the conversion of foreign currency at the appropriate exchange rate. Thus the exchange rates become very important to determine the Indian rupees payable. A favorable exchange rate will fetch you more rupees and vice-versa. It, therefore, becomes essential for you to gain some basic knowledge about exchange rate, the working out of its quotation by the banks, the factors determining the exchange rates in the market and the precautions you should take so as to avoid possible losses in future, due to adverse movement of the exchange rates. In the following paragraphs we shall endeavor to explain these issues. The rates applied by the banks for converting foreign currency into Indian rupees and vice versa are known as exchange rates. In other words, exchange rate is the rate at which one currency can be exchanged for another. There are two systems of quoting exchange rates :
    1. Direct Quotation: Where the price of foreign currency is quoted in terms of home or local currency. In this system variable units of home currency equivalent to a fixed unit of foreign currency is quoted. For example : US $ 1 = Rs. 40.00
    2. Indirect Quotation: Where exchange rates are quoted in terms of variable units of foreign currency as equivalent to a fixed number of units of home currency. For example : US $ 2,500 = Rs. 40.00 Till 1.8.1993 banks were required to quote all the rates on indirect basis as foreign currency equivalent to Rs. 100 except in case of sale/purchase of foreign currency notes and traveller cheques where exchange rates on direct quotation basis were quoted.

From 2.8.1993 banks are quoting rates on direct basis only.There is distinction between inter-bank exchange rates and merchant rates. Merchant rates are the exchange rates applied by the bankers for transactions with their customers for various purposes, such as import, export, travel, remittances etc. These rates are calculated by the banks as per the guidelines issued by the Foreign Exchange Dealers Association of India (FEDAI). On the other hand inter-bank rates are the rates for transactions amongst the authorised dealers in foreign exchange. These rates depend on the market conditions. It is not in out of place to mention here that exchange rates are volatile and, therefore, you should make sincere efforts to choose appropriate time for tendering your export documents to the bank for purchase/negotiation. Therefore, plan your affairs in such a way that the documents are delivered to the bank when exchange rates are favorable enabling you to get more Indian rupees after conversion of foreign currency amount of the bill into Indian rupees. A distinction is also made between spot rates and forward rates. Spot rates are applicable on the day of transact p 7 3 tion , i.e, the same day, whereas forward rates are the rates fixed in advance for a transaction which will mature at a specified date or during a specified period in future. Quotations for spot rates only are generally available and the customers have to enter into specific contracts for forward rates. Foreign exchange rates are always quoted as two way price i.e., a rate at which the bank is willing to buy foreign currency (buying rate) and a rate at which the bank sells foreign currency (selling rate). Banks do expect some profit in exchange operations and there is always some difference in buying and selling rates. However, the maximum spread available to banks is restricted in terms of ceiling imposed by Reserve Bank of India. All exchange rates by authorised dealers are quoted in terms of their capacity as buyer or seller. Different sets of exchange rates are applied for various types of foreign exchange transactions as under :

TT Selling Rate: This rate is applied for all clean remittances outside India i.e., for selling foreign currency to its customer by the bank such as for issuance of bank drafts, mail/telegraphic transfers etc. Bill Selling Rate: This rate is applied for all foreign remittances outside India as proceeds of import bills payable in India. This rate is a little worse than TT selling rate.

TT Buying Rate: This rate is appled for purchase of foreign currency by banks where cover is already obtained by banks in India. Thus all foreign inward remittances which are made payable in India are converted by applying this rate. A mail transfer issued by a bank in Dubai for US $ 10,000 drawn on (say) Oriental Bank of Commerce in New York.

Bills Rate: This rate is applied for purchase of sight export bills which will result in foreign remittance to India after realisation. This rate is worsen than TT buying rate and, in addition, interest will also be recovered by the bank for the period for which the bank is out of funds.

Forward Contracts
Elimination of exchange risk due to movement in the exchange rat can be avoided by the following options:

  • By invoicing in Indian Rupees.
  • By fixing the Foreign Exchange Contract.

First alternative is possible only when the buyer agrees to it. He may have his own reasons for not agreeing to invoice in Indian rupees. The second alternative is commonly resorted to. This alternative involves booking of forward exchange contract with your bank.

This means that pending submission of documents to the bank for purchase/negotiation, you have made firm commitment with the bank under which you agree to sell to the bank foreign exchange at a future date/period and the bank agrees to purchase at the firm rate the foreign exchange to be tendered by you on that date / during the agreed period.

Thus you are in a position to know in advance the exchange rate you are going to get on submission of your export documents. Thus, though you have to pay some charge for booking a forward contract, you are certain about the rupee amount of the bill on conversion of foreign currency at a future date. For booking a forward contract, you should approach your bank with whom you are enjoying a credit limit.

The bank will book a forward contract only against a firm export order showing description and quantity of the goods to be supplied, aggregate price and approximate date of shipment. The bank can accept telex, cable order/fax in this regard, provided you give an undertaking to produce the original one. Where shipment has already been completed, forward contract will be booked on the basis of export bill tendered by you. It can also be booked against an irrevocable Letter of Credit provided L/C is complete in all respects and you give a declaration to the bank that you have not booked any forward contract against the underlying sale contract covering shipments under the L/C.You must ensure delivery of the related documents within the agreed period of the contract. In case you fail to deliver the documents within the specified period, the forward contract needs to be cancelled and fresh contract booked for which your bank will levy cancellation charges as per the FEDAI Rules.

In case the documents are delivered before the stipulated period, it will involve early delivery and bank will levy charges for the early delivery, as per FEDAI Rules. Where the documents are not delivered at all, contract has to be cancelled either at your request or by the bank itself under certain circumstances, and this will entail cancellation charges as per the FEDAI Rules.

It, therefore becomes extremely important that the period of delivery of the export documents is carefully chosen and strictly adhered to, so as to avoid unnecessary charges on account of early delivery or cancellation of forward contracts. However, facility for substitution of export order is permitted by RBI on specific request if the unfulfilled export order and the substituted order is for the same commodity.

Procuring/Manufacturing Goods for Export & their Inspection by Government Authorities

  1. Procuring / Manufacturing Goods

Once you are ready with the infrastructure for exporting goods and have obtained necessary finance, you should proceed to procure the goods for export. Procuring the goods should be done with extreme care and caution as to the quality and cost. However, procuring the raw materials etc. and manufacturing the goods for export will need extra efforts on your part. If you are an established exporter, you can have the facility of procuring raw materials under the Duty Exemption Scheme.

  1. Compulsory Quality Control & Preshipment Inspection

An important aspect about the goods to be exported is compulsory quality control and pre-shipment inspection. Under the Export(Quality Control and Inspection) Act, 1963, about 1000 commodities under the major groups of Food and Agriculture, Fishery, Minerals, Organic and Inorganic Chemicals, Rubber Products, Refractoriness, Ceramic Products, Pesticides, Light Engineering, Steel Products, Jute Products, Coir and Coir Products, Footwear and Footwear Products / Components are subject to compulsory pre-shipment inspection.

At times, foreign buyers lay down their own standards / specifications which may or may not be in consonance with the Indian standards. They may also insist upon inspection by their own nominated agencies. These issues should be sorted out before confirmation of order. Specific provisions have also been made for compulsory inspection of textile goods.

Products having ISI Certification mark or Agmark are not required to be inspected by any agency. These products do not fall within the purview of the export inspection agencies network. The Customs Authorities allow export of such goods even if not accompanied by any pre-shipment inspection certificate, provided they are otherwise satisfied that the goods carry ISI Certification or the Agmark.

Depending upon the nature of products, goods meant for export are inspected for quality in the following manner: Consignment to Consignment Inspection Each individual consignment is inspected by the Export Inspection Agency, Commodity Board and certificate of inspection is issued. The application for inspection for goods has to be submitted well in advance before the expected date of shipment of the consignment. Inspection of the consignment is generally carried out either at the premises of the exporter, provided adequate facilities exist therein for inspection, or at the port of shipment. The export inspection agency has a right to exercise supervision of inspected consignment(s) at any place or time.

The application should be made in duplicate in the new prescribed form 'Intimation for Inspection' as per standardised pre-shipment export documents to the nearest office of the respective Export Inspection Agency along with the following documents :

Particulars of the consignment intended to be exported. A crossed cheque/draft for the amount of requisite inspection fees or an Indian Postal Order.

    • Copy of the Commercial Invoice.
    • Copy of letter of credit.
    • Details of packing specifications.
    • Copy of the export order/contract, indicating inter alia the buyer's requirement that goods are strictly according to the prescribed specifications, or as per samples etc.

After satisfying itself that the consignment of exportable goods meets the requirements stipulated in the export contract/order, the inspection agency issues, generally within four days of receipt of intimation for inspection, the necessary certificate of inspection to the exporter in the prescribed proforma in five copies.

The certificate is issued in the standardised form which is aligned pre-shipment export document. (Three copies for exporter, original copy for customs use, the second copy for the use of the foreign buyer and the third copy for the exporter's use, fourth copy for Data Bank, Export Inspection Council, New Delhi and the fifth copy is retained with the agency for their own office record).

In-Process Quality Control (IPQC)

Certain products like chemicals or engineering goods are subject to this control. The inspection is done at various stages of production. The exporter has to get his unit registered as "Export Worthy" and keep record of processing and production. Inspection by the officers of Export Inspection Agency is done from time to time. The certification of inspection on the end-products is then given without in-depth study at the shipment stage. Under this system, export is allowed on the basis of adequacy of in-process quality control and inspection measures exercised by the manufacturing units themselves. The certificates of inspection in favor of the units approved under the scheme are issued by the Export Inspection Agencies (EIAs) in the normal course. However, these units are kept under surveillance by the EIAs and random spot checks of the consignments are carried out by them. Units approved under this system of in-process quality control may themselves issue the certificate of inspection, but only for the products for which they have been granted IPQC facilities. However, these units have the option either to get the certificate from the Export Inspection Agencies (EIAs) or issue the same themselves. Consequently, the manufacturer exporters of products approved under the IPQC have been recognised as an agency for pre-shipment inspection for export of engineering products for which they have been approved by the Export Inspection Agencies at Bombay, Calcutta, Cochin, Delhi and Madras.

Self Certification Scheme

Large manufacturers/exporters, export houses/tradingp 7 3 houses are allowed the facility of Self-Certification on the theory that the exporter himself is the best judge of the quality of his products and will not allow his reputation to be spoiled in the international market by compromising on quality. The industrial units having proven reputation and adequate testing facilities have to apply to the Director (Inspection and Quality Control), Export Inspection Council of India, 11th Floor, Pragati Tower, 26 Rajendra Place, New Delhi-110008. They are granted a certificate valid for a period of one year, allowing them self-certification facility. The facility is available to manufacturers of engineering products, chemical and allied products and marine products. During this period the exporter can issue a certificate signed by himself or by a person authorised by him. The certificate has to indicate the number and date of EIA's reference for registration under Self-Certification Scheme. It has to be issued in the aligned format as per new standardised pre-shipment documents. The approval of an industrial unit under this scheme is notified in the Gazette of India and the exporter has to pay a lump sum fee to the export inspection agencies depending upon his export turnover.

Minimum Quality Norms prescribed by the Export Inspection Council should be maintained and achieved for the grant of facility under Self-Certification Scheme.

  1. ISO 9000

The discussion on quality control and preshipment inspection will be incomplete without saying a few words about ISO 9000.The ISO-9000 Series of Standards evolved by the International Standards Organisation has been accepted worldwide as the norm assuring high quality of goods. The ISO-9000 is also the hallmark of a good quality- oriented system for suppliers and manufacturers. It identifies the basic principles underlying quality, and specifies the procedures and criteria to be followed to ensure that what leaves the manufacturer / supplier's premises fully meets the customers requirements. The ISO-9000 series of standards are basically quality assurance standards and not product standards.ISO-9000 spells out how a company can establish, document and maintain an effective and economic quality control system which will demonstrate to the customer that the company is committed to quality. The series of Standards aims the following:

    • Increased customer confidence in the company
    • Shift from a system of inspection, to one of quality management
    • Removing the need for multiple assessments of suppliers
    • Gaining management commitment
    • Linking quality to cost-effectiveness
    • Giving customers what they need

The implementation of ISO-9000 Standards involves:

    • Management education
    • Writing quality policy
    • Nominating a quality representative
    • Identifying responsibilities
    • Identifying business processes
    • Writing a quality manual
    • Writing procedures
    • Writing work instructions

It is thus clear that the ISO-9000 series of standards constitute of concept of Total Quality Management (TQM).

Labeling, Packaging, Packing and Marking Goods
An important stage after manufacturing of goods or their procurement is their preparation for shipment. This involves labeling, packaging, packing and marking of export consignments. Labeling requirements differ from country to country and the same should be ascertained well in advance from the buyer. The label should indicate quality, quantity, method of use etc. Special international care labels have been specified for the textile items by GINITEX, and the same should be scrupulously adhered to. Packaging fulfills a vital role in helping to get your export products to the market in top condition, as well as in presenting your goods to the overseas buyer in an attractive way. While packaging, quality should not be compromised merely to cut down costs, packaging should also be in conformity with the instructions issued by the importer. Packing refers to the external containers used for transportation . The shape of packing cases play a very important role in packing the cargo, and the nature of packing material to be used will depend upon the items exported As regard specification for the size, weight and strength care must be taken to ensure that the weight of standard case does not exceed 50 Kg. for easy handling of the cargo. Before packing and sealing the goods, it should be ensured that all the contents are properly placed in the case and the list of contents of packing notes should be prepared so that the buyer, the Customs authorities and the Insurance authorities can easily check the contents of each and every case.

The consolidated statement of contents for a number of case is called the Packing List, which should be prepared in the prescribed standardised format.

Marking means to mark the address, number of packages etc. on the packets. It is essential for identification purpose and should provide information on exporters' mark, port of destination, place of destination, order number and date, gross, net and tare weight and handling instructions. It should also be ensured that while putting marks, the law of buyer's country is duly compiled with.

All shipping cases should be marked a number with special symbols selected by the exporters or the importers, so that the competitors cannot find out the details of the customers and the country of destination or supplier's country of despatch. Care should also be taken to ensure that the marking conforms to those written in the invoice, insurance certificate, bill of lading and other documents. The International Cargo Handling Co-ordination, Association has set out for the use of exporters a number of recommendations for the marking of goods carried by ocean-going vessels. They are equally useful for sending goods by other modes of transportation.

Suggestions:

The marks should appear in certain order. Essential data should be placed in oblong frames with lines 1.5 centimeters thick, and subsidiary information should be placed in another type of frame.

Declaration on large packages should be placed on two continuous sides, and for consignments bound together on a pallet, also on the top.

Handling instructions should be placed on all four sides. Similar packages, such as goods in sacks, should be marked on two opposite sides.

Lettering should be at least 7.5 centimeters high for essential data, and at least 3.5 centimeters for subsidiary data. If the package is too small for such letter, other sizes may be used, but in the same ratio. The sizes of the symbols should also be in proportion to the size of the package and of the other markings.

Only fast dyes should be used for lettering. Essential data should be in black and subsidiary data in a less conspicuous colour; red and orange lettering should be reversed for dangerous goods only. For food packed in sacks, only harmless dyes should be employed, and the dye should not come through the packing in such a way as to affect the goods.

Stick-on labels should only be used on individual package or parcel and all old labels should be removed. Marking should be made by stencil or by branding or by pencil or brush without a stencil. If stencils are used, care should be taken that the letters and figures are perfectly legible to prevent confusion. This is especially true of the letters and figures --- B.R.P, O, G-G-D-C, H.N; 3-8 : 6-9 and 1-7.

The surface to be marked should be smooth and clean. If packages are to be bonded, they can be marked before this is done; the hoops should not however, cover the markings.

The figure should indicate the total number of packages making up the consignment and the consecutive number of the individual package. For example :1520/15/1 identifies the first package of a total number of 15 packets and 1520/15/15 the last one.

The name of the ship and the bill of lading number should be shown when this is possible. Handling instructions must appear in the language of the exporter and importer, and also, if possible, in the language of the countries where goods are to be handled en route or trans shipped.

New Excise Procedure
All excisable goods exported out of India are exempt from payment of Central Excise Duties, for which two different procedures have been approved

Rebate of Duty on Goods Export Procedure

Under the first procedure, known as 'Rebate of duty on Goods Export. The manufacturer has first to pay the excise duty on goods meant for export and then claim refund of the same after exportation of such goods to countries except Nepal and Bhutan. This is done under Rule 12 of Central Excise Rules. Under this rule, rebate of duty is granted for the finished stage as well as input stage. Rebate of duty in respect of the excisable materials used in the manufacture of the exported goods shall not be allowed if the exporter avails of the drawback allowed under the Customs and Central Excise Duties Drawback Rules, 1995 or Modvat. The following procedure should be followed while exporting under the rebate of duty. Removal of goods under claim of rebate from a factory or warehouse without examination by the Central Excise Officers. The exporters are allowed to remove the goods for export on their own without getting the goods examined by the Central Excise Officers. Form AR4 in such cases should be prepared in sixtuplicate, giving all particulars and declarations. The exporter shall deliver triplicate, and quadruplicate, quintuplicateand sixtuplicate copies of AR4 to the Superintendent of Central Excise having jurisdiction over the factory or the warehouse, within 24 hours of the removal of the consignment and would retain the original and duplicate copies for presenting along with the consignment to the Customs Officer at the point of export. The jurisdictional superintendent of Central Excise examines the information contained in AR4 and verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true, he signs at appropriate places in the four copies of AR4 submitted to him and plus his stamp with his name and designation below his signature. He would then dispose of the triplicate, quadruplicate, quintuplicate and sixtuplicate copies of AR4 as under:-

  1. Triplicate: To there bate sanctioning authority viz. Maritime Commissioner of Central Excise or the assistant commissioner of Central Excise declared by the exporter on the AR4. This copy on the request of exporter may be sealed and handed over to the exporter / his authorized agent for presenting to the rebate sanctioning authority.
  2. Quadruplicate: To the Chief Accounts Officer in the Commissionerate Headquarters.
  3. Quintuplicate: Office copy to be retained by the Central Excise Officer.
  4. Sixtuplicate: To be given to the exporter.

Procedure for exports under Central Excise Seal Where the exporter desires the sealing of the goods by the Central Excise Officers so that the export goods may not be examined by the Customs Officers at the Port/Airport of shipment, he should present an AR4 application in sixtuplicate to the Superintendent of Central Excise having jurisdiction over the factory/warehouse at least 24 hours before the intended removal of the export goods from the factory/warehouse. The Superintendent of Central Excise may depute an Inspector of Central Excise or may himself go for sealing and examination of the export consignment. Where the AR4 indicates that the export is in discharge of an export obligation under a Quantity-based advance License or a Value-based Advance License issued under the Duty Exemption Scheme, in such cases the consignment is invariably examined and sealed by the Superintendent of Central Excise himself. The Central Excise Officer examining the consignment would draw samples wherever necessary in triplicate. He would hand over two sets of samples, duly sealed, to the exporter or his authorized agent, for delivering to the Customs Officers at the point of export. He would retain the third set for his records. The export consignment is carefully examined vis-`-vis the description of goods, their value and other particulars/declarations on the AR4. The Central Excise Officer verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true he would allow the clearances and also sign all the six copies of the AR4 at appropriate places and put his stamp with his name and designation below his signature. The copies of AR4 are disposed of as under:

Original and Duplicate: To the exporter for presenting to Customs Officer at the point of export along with the export consignment.

Triplicate: To the rebate sanctioning authority i.e. Maritime Commissioner of Central Excise or the jurisdictional Assistant Commissioner of Central Excise, as declared by the exporter on the AR4. The Central Excise officer may handover this copy under the sealed cover on exporter's request.

Quadruplicate: To the Chief Accounts Officer at his Commissionerate Headquarters.

Quintuplicate: To be retained for records.

Export under Bond Procedure

Under the second procedure known as "Exports Under Bond" goods can be exported out of India except to Nepal or Bhutan without prior payment of duty subject to the execution of the Bond with security / security for a sum equivalent to the duty chargeable on the goods to be exported. This is done under Rule 13 of Central Excise Rules which deals with export of goods in Bond as well as utilisation of raw materials etc. without payment of duty for manufacture and export of excisable goods. The following procedure has been prescribed in this regard.

Sunday, March 16, 2008

How to Export?

What is exporting?

Since India is such a large county, with so much diversity, "exporting", is just like selling in India! The basic steps are almost the same.

Basic Steps

You have a product or service to sell.

Your customers vary in their race, religious, culture and language.

Your have to market to different regions with different seasons and physical environments.

You do market research to understand your customers.

You develop a marketing plan to decide your distribution, pricing and promotion strategy.

You market and promote through the Internet, direct E-mail and postal mail, Fax, phone, brochures, press releases, the ad media, trade shows, etc.

You set up sales and distribution networks.

You provide the required service to your customers.

You respond to inquiries.

You invoice purchasers and get paid!

Note: In the above explanation, we talked about many marketing terms. To understand these better, you can read our, “How to market?” article. We use these marketing terms thoughout this article, so reading the marketing article would be a good idea.

However there are some major differences between selling in India, and exporting outside India. Let us try to understand them!

Difference In Exporting

Exports are often done through "intermediate players" in each country, not directly to end-users:
In most countries, “imports” are generally handled by “local agents” (on commission basis). Another way in which imports are generally handled is by “importer-distributors”, who buy (with their own money) from the exporters of other countries, and resell to end-users in their country. These intermediate players, know the market and have contacts with the end-users.

It many seem that having another “distribution layer” between you and your end-users will increase the cost and be bad for sales. However, good local agents and distributors are actually very valuable when you are going in for export.

Because of their experience and knowledge in the local market, they are able to develop and send you sales orders, arrange for payment, prepare required import documents, and clear the delivered goods through customs and other import formalities. Many are equipped to stock, install and service the goods too.

The end-users know and prefer to deal with these local agents and distributors, rather than buy direct from you or other foreign suppliers.

As a new exporter, your best option is to find good agents or distributors to represent you abroad. This is the best way to start off, at least in the beginning.

Exports usually involve an exchange of currency to pay for the purchase:
The importer pays in his local currency. However, exchange rates between currencies are constantly fluctuating. If, after he pays you, the value of his currency reduces with respect to your currency, you will loose money!

To protect against exchange rate fluctuations, you should quote your selling price in a strong currency. You could also quote your selling price in “Rs.” That way, you get the full amount you quoted, regardless of currency fluctuations.

However, this is not always possible. If all your competitors are willing to except payment in the local currency then you have no option but to do the same. This is generally the case in a “sellers market” where there is a lot of competition.

Export sales use different payment methods:
Exporters usually receive payment through a process handled by banks in your country and the importer's country. The most common method is called the “Letter Of Credit”. It insures prompt payment with minimal free. It’s a very simple concept; the importer gives the money in advance to his local bank. The importer’s bank sends these funds to a bank in your country, which pays you, the exporter, when the goods are delivered.

You can also purchase “export credit insurance” to reduce risks of non-payment.

Different laws and business practices exist in other countries:
Trade, monetary policy; pricing, distribution and promotion; treatment of intellectual property; health, safety and technical standards, etc. are different from country to country. These laws and practices affect what you're allowed to do and what you are not allowed to do.

Although many practices are “business friendly” and similar to those in your country, some are obstacles and risks for exporters. It's best to research each country and look for advise from an international law firm if needed.

Linguistic, demographic and environmental variations:
These differences, if ignored, can break your sales efforts abroad. Take care not to offend your foreign customers in the words, symbols and body language you use in your advertising and promotion material and business negotiations.

In addition, your products must "fit" the market environment -- the climate, terrain, sizes of people and things, consumer tastes and preferences, etc.

Exporting usually involves many added costs for shipping and insurance of the goods to the importing country

Exports are subject to customs duties and taxes in the importing countries

The above explanation must have given you a basic idea about what exporting is all about. However, many companies choose not to export because of certain "wrong ideas" or myths they have about exporting. Let us confirm that you do not have these wrong ideas..

Exporting myths!

Many companies do not export at all. Other companies do not export as much as they can. Why do so many companies not export? The usual reason is "I'm satisfied with the domestic market" or "I'm too busy with the domestic market to think about exporting." That's understandable in a very large market like India.

However, this is a shortsighted view. In effect, these companies are saying "I'm not interested in the additional sales and good profits!" Yet, if asked whether they would not go for a sales order because it came from abroad, many answer, "Of course not!"

Mainly, people do not export because of fear and ignorance, "I'm too small", "I can't afford it", "I can't compete", "It's too risky", "It's too complicated." These are myths and misconceptions. All these can be overcome.

I'm Too Small to Export

"Only large firms with name recognition, ample resources, and export departments can export successfully."

False! The vast majority of exporting firms in most countries are small and medium-sized enterprises (SMEs). Many have less than 50 employees. It's true that large firms typically account for a huge part of the total exports, but SMEs dominate the world’s exporting population.

I Can't Afford to Export

"I don't have the money to hire people, market myself abroad, or expand production if I get new export business."

Not true! There are low-cost ways to market and promote abroad, handle new export orders, and finance. These don't require hiring new staff or setting up an export department. At little or no cost, for example, you can get product and country market research, worldwide market exposure, generate trade leads, and find qualified overseas distributors to represent you.

I Can't Compete Overseas

"My products are unknown and my prices too high for foreign markets."

Since you are an Indian company, this is most likely NOT the case. The Indian industries are able to produce goods at a much lower cost as compared to companies in other countries around the world. The products sold in India, are sold at a fraction of the cost at which they are sold worldwide.

This is because, for a company to be successful in India it has to come up with ways to reduce the cost of the product it is selling. Until very recently a large part of India did not have a very high buying capacity. Because of this, if a product was to be sold all over India, the companies here had to innovate and lower the prices so that the product will not be too costly for the people.

Don't assume your price is uncompetitive. Your products could still be a bargain in strong-currency countries, even after adding overseas delivery costs and import duties.

So most of the products manufactured in India are very very cost competitive as compared to products manufactured in most other countries.

Besides that, the world is large, with varied needs and interests. If your product is popular in the domestic market, it might be wanted somewhere else in the world! What makes your product sell in the home market can help it sell abroad! Price is important, but it is not the only selling point. Other competitive factors are need, utility, quality, service, credit, consumer taste - these may override price.

Exporting is Too Risky

"I might not get paid. I might break a law I didn't know about."

Not likely! Selling anywhere has risks. But doing the right things can reduce the risk. There are a number of insurance programs that help you safeguard against the risk involved in exporting. Besides that, as explained earlier, the Letter Of Credit etc. can be used to insure payment when exporting.

Exporting is too complicated

"Exporting is too complicated; I don't know how."

Wrong! You don't need to be an expert to export. Almost all the complicated parts of exporting can be outsourced. There are Export Management Companies (EMCs), overseas agents and distributors, who can represent you, find overseas customers, present you with sales orders, handle all the export paperwork, and deliver the goods. You fill the orders and get paid for the sale. You pay them a fee or commission.

Possibility of YOUR success in exports!

Competitive Product

Products won't sell anywhere if they can't compete. To compete, your product must match or exceed the appeal of others -- in meeting needs, in quality, in price, etc.

Are you export-competitive? You may be export competitive even without realizing it. For example, if your product has sold well in the domestic market, chances are it will also sell abroad!

Why? By succeeding in the competitive domestic market, you've already proven your product can compete not only against other domestic products, but also against “imported” products. This is essentially the same competition you'll meet when you export.

However, you must remember that the overseas playing field will be “different”. You may need to adapt your product and pricing to compete. You may have to absorb added marketing and shipping costs to remain price competitive. You may have to offer credit and wait longer for payment. You may need to alter your product to comply with local standards and tastes.

Are you prepared to do what it takes to compete? If not, you won't succeed as an exporter.

Adequate Resources

As with any business, you'll need experienced staff, a location and equipment. It's possible to start with as little as a home-based office, and a computer, phone and fax. If you're already established, and have these basic things, you will have to use your resources to research and develop potential markets abroad.

As export orders come in, you'll need enough inventory to fill them, or the ability to produce or acquire more product as needed. If your customers want delayed payment terms, you'll have to pay for financing.

You CAN minimize these costs and still export, but you CAN’T eliminate them entirely. Do you have or can you get the necessary resources?

Sound Marketing Methodology

How you enter and market in a foreign market is important. Marketing and distribution practices are different from country to country. They are often controlled by law, custom, or necessity.

Some countries may require or prefer certain marketing or distribution methods, such as direct sales or use of local agents. Other countries may control or not allow them. Some countries have excellent mass media and high receptivity to advertising, trade shows, mail order, etc. Others do not approve of these approaches or do not have the modern communication technologies to support them.

Are you prepared to adapt your marketing methods? If not, you'll need to limit yourself to markets more like your own.

Do you have the money and capital required for exporting?

In this section we shall talk about all the costs involved in exporting. This will give you a clearer picture of exporting and also give you an idea about the kind of finances that will be required.

Costs of exporting can be kept low, but can't be avoided altogether. If you're just starting, you'll face the usual start-up costs for an office, furniture, equipment, and supplies. You'll incur some initial “research costs” to identify your best markets. To enter and develop these markets, you'll have costs to gain exposure, set up sales and distribution networks, and attract customers etc.

As your exports increase, you might take overseas business trips, do more media advertising, and participate in trade shows abroad. In some countries, you may have to redesign or modify your product to meet local requirements or customer preferences.

Generally, the more you spend to prepare, promote, and adapt for export, the greater the return for your business. But don't be afraid if your funds are limited. You can start even on a limited budget. Some of the major costs involved in export are:

Employees

You may not need additional employees. One experienced person can handle the work for several clients, gathering market research, seeking overseas customers, responding to inquiries, preparing export paperwork, and arranging for delivery of the goods.

If you're already producing a product or service, you can export through an Export Management Company (EMC) or Export Trading Company (ETC) without adding or training any new company staff. EMCs/ETC’s already have relationships abroad and will incur some or all of the initial costs to find you customers and generate orders.

Some EMCs and most ETCs also buy goods outright from domestic producers (with their own money) for resale abroad. You, as the supplier, would get paid right away and would also benefit from exposure of your product abroad.

If you intend to handle some or all of the export work in-house, you should hire an export manager and train someone your staff.

Advertising & Sales Promotion

If you’re a new exporter, you’re probably not known outside your country. You’ll need to promote yourself to get overseas exposure.

A company Web site, with company highlights and product descriptions can be your first step. A web designer can create an attractive site for you, or you can do it yourself. You can register your “dot.com” domain for a small fee. Because your site may be difficult to find on the Internet, you should also list your company in one or more Internet/Export Directories. One such directory is: http://www.infobanc.com/ There are many more such directories on the Internet.

In addition to a Web site and directory listings, you should also have printed materials for mailings, handouts and responses to inquiries, such as a company brochure, product sheets, etc. Your brochure could be self-prepared or professionally designed by a marketing firm.

Whenever possible, place free press-releases in industry journals with international circulation.

Higher cost options include paid telemarketing, media ads, and participation in overseas trade shows.

Risks of Exporting!

Risks due to your own in-experience:

Because of your in-experience you might make some very expensive blunders. Make sure you DON’T do these things:

  • Don’t try to go for too many markets at once, or the wrong markets.
  • Don’t use sales advertising, brochures and promotion that offends.
  • Don’t appoint incompetent overseas representatives that ‘can't be terminated’.
  • Don’t fail to protect your intellectual property.
  • Don’t agree to payment methods or terms that leave you at risk.
  • Don’t try to handle all the shipping and documentation yourself. (At least in the beginning!)
  • Go slow until you gain more experience.

Financial Risks

Your main concern is non-payment after you've shipped the goods. You can largely avoid this by selling on a Letter of Credit (L/C) basis. L/Cs assure payment because the buyer must deposit the money in advance at his bank, and a correspondent bank in your country then takes on the obligation to pay you.

However, many foreign buyers ask for delayed payments within 30-120 days after the goods arrive. You might have to offer this, if all your competitors are offering these terms! Doing so increases your risk. You can protect yourself with “export credit insurance”.

If buyers won't pay, it’s usually for one of two reasons:

  • You haven't completed the “terms of sale” in their view
  • They're dishonest.

You must complete the “terms of sale” as specified in the L/C and the shipping documents. If you don't do this then it becomes very hard to get paid.

Also, over time you will be able to recognize dishonest buyers. This is something that comes with experience.

Business Risks

Take effort to learn about your export business partners. Beware of deals that are "too good to be true." Many of these will be scams.

You must understand that India is not the only corrupt country in the world. In fact, many of the counties in the world are “much more corrupt”. In many countries, corruption is common. The line between what's customary and tolerable, and what's excessive or illegal, is not always clear. Seek advice from a lawyer.

IMPORTANT: Watch out for firms out to copy your technology once they get a product sample or your first shipment.

Take special care to appoint good overseas agents and distributors. Some may already represent your competitors, or be so busy they can't do justice for your products. They may not have the qualifications or capabilities they claimed, such as the ability to stock, install and service your goods. In some countries, once you sign an agent/distributor agreement, it's almost impossible to terminate the agreement. Make sure you do not fall for this trap.

Legal Risks

Every country has it's own business laws and regulations. Many may be similar to our country’s laws or follow international standards. Some vary widely by country. Failure to comply could trigger fines or worse. Take the time to do market research and seek legal advice as needed.

Political Risks

Political instability can cause dramatic changes, including major shifts in economic policy, nationalization, expropriations, loss of personal rights, and physical danger. It can prompt foreign reactions in the form of economic sanctions, boycotts, and embargoes. Be alert to what's happening in the world. Some shifts can favor exporters. For example, ongoing shifts toward privatization and trade liberalization in many previously controlled countries continue to offer opportunities for the world’s exporters.

All the information provided in till here, must have given you a good idea about what exporting is all about. You are now in the position to decide whether your firm has what it takes to export and whether, you want to go in for exports.

If you have decide to go in for exporting, the next step is to....

Export Marketing Plan!

Once you have decided to go in for exporting, the next step is to develop a marketing plan.

As you can imagine, many foreign markets differ greatly from India. Differences include climatic and environmental factors, social and cultural factors, local availability of raw materials or product alternatives, lower or higher wage costs, varying amounts of purchasing power, the availability of foreign exchange, and government import controls.

To handle all these changes, a marketing plan is required.

Why write a marketing plan?

A clearly written marketing plan offers six immediate benefits:

Written plans are not easily forgotten, overlooked, or ignored by those who are made in charge of executing them. If deviation from the original plan occurs, it is probably due to a deliberate choice.

Written plans are easier to communicate to others and are less likely to be misunderstood.

Written plans allocate responsibilities and provide for a way in which results and progress can be measured.

Written plans are helpful when you have to approach banks and other organizations for financial assistance. They indicate to lenders that you have a serious approach to the export venture.

Written plans give your companies management a clear understanding of what will be required of them.

But, before writing a marketing plan, some market recearch is to be done. We have provided a step-by-step guide to market research for exporting.

Market recearch!

To successfully export your product, you should study foreign markets. You need to do this, to identify exporting opportunities and “constraints” abroad, as well as to identify prospective buyers and customers.

Market research basically is all the methods that a company can use to determine which foreign markets have the “best potential” for its products.

The market research is generally used to find out the following information for a company:

  1. The largest markets for its product
  2. The fastest growing markets
  3. Market trends and outlook
  4. Market conditions and practices
  5. Competitive firms and products


Sometimes, you may begin to export without conducting any market research if you get many unsolicited orders from abroad. Although this type of selling is valuable, you may discover even more promising markets by conducting a systematic market research.

A firm may research a market by using either “primary” or “secondary” data resources.

In conducting primary market research, a company collects data “directly from the foreign marketplace”. This is done through interviews, surveys, and other direct contact with representatives and potential buyers. Primary market research has the advantage of being as per the company's needs and provides answers to specific questions, but the collection of such data is time-consuming and expensive.

When conducting secondary market research, a company collects data from various sources, such as trade statistics for a country or a product. Working with secondary sources is less expensive and helps the company focus its marketing efforts.

Although secondary data sources are critical to market research, they do have limitations. The most recent statistics for some countries may be more than two years old. Moreover, the data may be too broad to be of much value to a company. Statistics may also be distorted by incomplete data-gathering techniques. Finally, statistics for services are often unavailable.

Even with these limitations, secondary research is a valuable and relatively easy first step for a company to take. It may be the only step needed if the company decides to export indirectly, since the intermediary firm may have advanced research capabilities.

A Step-by-Step Approach to Market Research

Your company may find the following market research method useful.

It basically involves:

  • Screening potential markets
  • Testing the targeted markets
  • Drawing conclusions.

Screening Potential Markets

Step 1. Obtain export statistics that indicate your product’s exports to various countries.

Step 2. Identify five to ten large and fast-growing markets for your product. Look at them over the past three to five years. Has market growth and import growth been consistent year to year? Did import growth occur even during periods of economic recession? If not, did growth resume with economic recovery?

Step 3. Identify some smaller but fast-emerging markets that may provide good opportunities. If the market is just beginning to open up, there may be fewer competitors. Growth rates should be substantially higher in these countries

Step 4. Target three to five of the most statistically promising markets for further assessment.

Testing The Targeted Markets

Step 1. Examine trends for your products as well as related products, that could influence demand of your products. Calculate overall consumption of the product and the amount accounted for by imports.

Step 2. Find out your sources of competition. These sources could be, the companies in the target country producing the goods you are trying to export. Other sources of competition are other foreign players like your self exporting to the target country. Take a look it the “market share” of all your competitors and see whether it is increasing or decreasing? Increasing market share indicates a strong company and tough competition.

Step 4. Identify any foreign barriers for the product being imported into the country. Identify if there are any laws in India preventing you from exporting a certain product.

Step 5. Identify any Indian or foreign government incentives that promote exporting of your particular product or service

Draw Conclusions

After analyzing all the data, it becomes easy to conclude whether a particular market is a good or bad choice! Once the "target market" is decided upon, the next step is to...

Export market entry stratergy!

Each target market needs it’s own market entry strategy. Foreign markets can differ in many ways -- in income levels, standards, climates, sizes of people and space, language, religion, cultural preferences and taboos, business practices, etc. Without a “market-conducive” entry strategy, you will not be able to use the full market potential; or worse, you could make costly mistakes.

The biggest mistake than many exporters make, is to assume that all markets can be approached in the same way. DO NOT, make this mistake!

In its simplest form, market entry plan should address 4 key points:

  • Distribution
  • Promotion
  • Pricing
  • Localization

Distribution Strategy

The main options you have for product distribution are, are to:

  • Sell directly to end users in the market
  • Sell through agents or distributors in the market
  • Hire overseas sales staff to cover the market
  • Establish overseas sales offices in the market
  • Establish overseas joint ventures or subsidiaries

The right approach depends on how much control you want over the process, the expected volume of sales, the openness of the market, and what is customary in each market.

Most exporting is done through “local agents” or “distributors”, or “directly”.

Overseas sales offices, joint ventures and subsidiaries are last-resort options. When the volume being exported is high then such methods are used. Only with such high volumes, can the high cost of setting up the “sales offices” be reasonable.

Joint ventures and subsidiaries may also become necessary if imports are subject to 'prohibitive import duties' or other restrictions.

Here we have talked about “local agents & distributors”, or “direct selling” since this is the method that will be used to most of our readers.

Selling through overseas agents and distributors

Exporting through local agents or distributors is the norm in most countries and also the most effective. As market "insiders," they speak the language, understand how business is done, and know who the customers are and how to reach them. The end-users generally prefer to deal with local agents and distributors, rather than buy direct from foreign suppliers.

Overseas “agents” act as your representatives in the market. They develop and send sales orders, arrange payment, prepare all required import documents, and clear the goods through customs. They normally work on a commission basis and don't take title to the goods.

Overseas “distributors”, in addition to representation functions, generally purchase the goods and resell them at a profit. Many are equipped to stock, install and service the goods. In large, developed markets, agents and distributors often specialize by industry. In smaller, less developed markets, they're more likely to carry many different types of products.

Selling direct to foreign end users

Direct selling avoids intermediary costs and offers more control over price, service and level of effort. It is an option in markets with “only a few buyers”, or when you or the end users can “easily find each other”.

Direct selling is particularly used for mail order sales and now for Web-based Business-to-Consumer (B2C) and Business-to-Business (B2B) trade. An intermediary is not needed in these situations.

Promotion Strategy


You will need some promotion in target markets to make your products known. The options abroad are generally the same as domestically – a Company Webpage, direct mail (regular or e-mail), telemarketing, press releases, paid ads, trade shows, and sales trips. Most countries have adequate media and can support any of these methods. However, some techniques may work better than others in particular markets. Costs could also affect the approach.

Certain promotions clearly cost more if done from India, such as direct regular mail, telemarketing, and business travel. If you want to promote using these techniques, let the overseas rep., distributor or agent.

Pricing Strategy

Ideally, the price at which you sell in the export markets, should cover all costs, be competitive, attract buyers, and still make a profit! The "optimum" price in one market may not work in other markets.

Whatever the market, price planning must start with the “product’s baseline unit costs”. Pricing below cost is economically unwise.

Calculating baseline export costs

Baseline export costs include:

  • Fixed costs to produce the product
  • Variable costs to market and deliver the product abroad.

Variable export costs might include any or all of the following:

  • Market Research
  • Postage
  • Overseas phone/fax calls
  • Promotion
  • Travel
  • Translations
  • Consultant/legal fees
  • Export documentation
  • Any special packaging, labeling, freight forwarding fees
  • Transportation to destination
  • Cargo insurance
  • Agent/distributor commissions
  • Training
  • Warehousing
  • Product warranties
  • Service contracts
  • Banking fees
  • Credit insurance or credit carrying costs.

Determining what the market will bear

Once you determine your baseline costs, your price above that can be whatever the market will accept. This generally depends upon the market demand, ability to pay, the competition, and your product's particular attributes (new or unique, superior quality, brand recognition).

Price flexibility is important. You might go for volume discounts or “low introductory pricing” to gain a foothold in the market. You might also offer delayed payments or credits. These concessions, of course, will lower your profit margins, at least in the short run.

Localization Strategy

Most countries have different languages, cultural values, tastes, business practices, income levels, environmental conditions, product standards, legal requirements, etc.

These all have important sales implications. To be successful in different markets you need to "localize" your approach.

For example, sales won't do well if:

  • The product is incompatible with local health, electrical and technical standards.
  • The product is unaffordable for buyers.
  • The product needs added protections against abnormal climates, pestilence, pollutants, etc.
  • The product requires downsizing to fit smaller people, homes, streets, etc.
  • The product or packaging uses colors, shapes, words or symbols that offend or appear foolish to target customers.
  • The sales literature and user manuals need translation to be understood.

Increase Market Exposure Abroad

If you're not already known abroad, you'll need to promote your company and products. Overseas promotion is a must. You won't sell much if the buyers don't know who you are. Generally, the more you promote, the greater the impact. You can best increase your overseas market exposure through a combination of “broadcast” and “targeted” techniques.

Here are some broadcast techniques worth a try:

Company Web site:
Your own company Web site can potentially be "seen" by anyone in the world at any given moment. You can design it as a company/product catalog, with text, images, price sheets, order forms and anything else you wish. You can track and collect data on site visitors, and incorporate automatic e-mail responses to orders and inquires. Web Page set-up costs are fairly low. Be sure to include your Web “URL” address on your business card and other promotional literature.

Export Directories:
Unlike directories of manufacturers, export directories only list companies actually engaged or interested in exporting. Since many manufacturers do not export, foreign buyers will more likely look in an export directory to find potential suppliers. It's to your advantage to be listed in export directories, particularly those with worldwide Internet outreach.

There are two types of export directories -- company-specific and product-specific.

An export company directory essentially lists the companies by name and industry category.

An export product directory lists the products each company offers for export, often with detailed descriptions and images.

However, since foreign buyers primarily look for products, not companies, you may get better promotional results from listings in export product directories.

Export "sell" offers

You can post your own "offers to sell" in a number of different electronic trade lead websites. It's best to provide as much information as possible in your offer, to reassure potential respondents that you are a serious and reliable supplier.

When posting a trade lead, you must specifically in describe:

  • Your export product (specifications, uses, benefits),
  • Quantity available
  • Price and delivery options
  • And what you would like to know from respondents

Targeted Promotion

Here your promotion reaches just the “targeted market or audience”. Your message can be more detailed and personalized. Your objective is high-quality, high-impact exposure. The costs are higher, but so are the rewards. If you have foreign representatives, they can do some or all of the targeted promotion in their areas, usually on a cost-sharing basis. Consider these targeted promotion techniques:

Overseas Business Trips:
Face-to-face promotion can be very persuasive. The key is to know whom to see before you get there. Don't waste precious time looking after you arrive.

Overseas trade shows and Expos:
They're costly, but a trade show puts you face-to-face with many potential customers at once, all able to see you and your products first hand. You can talk face-to face, book orders, and perhaps even sell off the floor.

Trade show opportunities exist all over the world. Every country has at least one major annual trade show. Many countries have shows throughout the year, often on specific industry themes.

Domestic trade shows and Expos:
Some domestic trade shows attract large numbers of foreign buyers. They're serious buyers, because they've come a long way to see “what's new”.

Domestic trade shows are also a good way to meet EMC’s and other export intermediate players who you can get to represent you abroad.

The actual process of exporting!

Having decided which country you are going to export to, doing the required market research and finally developing a "market entry plan" for the country as explained in the previous sections, the next step is to actually export.

Here we have provided a step-by-step guide to actually exporting the goods. In the next few pages, you will learn to:

  • Find over-seas buyers
  • Hire the right distributors and agents
  • Prepare goods for delivery
  • Get paid!

Find Overseas Buyers and Distributors

Finding the agents or distributors for each market is crucial. You need good overseas business partners to generate sales. Agent/distributor selection is especially important. A poor sales rep. could seriously hamper you in good markets. Therefore, you want to choose carefully.

Here are techniques for finding "interested buyers" and "qualified agents and distributors".

Find Potential Buyers

You can't assume that the buyers will find you. You need to search for your own leads.

The best leads are the “first-hand leads” you uncover on foreign business trips or that your overseas reps. find for you. These leads are also more costly to develop.

If you don't have overseas reps. or can't afford overseas sales trips, give the "second-hand" leads a try. Second hand leads, are those you find out about by reading on the internet, though magazines etc. They're often very good leads too. However, since your competitors can learn about them too, you MUST follow up quickly on these leads.

Some of the best leads are for “development projects” still in the planning stage. These future projects offer opportunities for equipment, supplies and services of all kinds. They often have government support and financing.

Find Potential Agents/Distributors

Finding and keeping good overseas reps. is a four-step process:

  1. Identify and contact prospects in each market
  2. Screen and select the best prospects
  3. Contractually appoint the selected reps
  4. Support the reps over time.

Step 1: Contact and Screen Prospective Reps

First impressions count, so what you say first is very important.

The initial message should convey:

  • Basic facts about your company and products
  • Your market objectives
  • The qualifications you seek in a potential rep
  • What the rep could expect from you (pricing, payment terms, delivery, promotional support, etc.)

You should respond promptly to all serious responses, try to answer all questions as fully as possible, and provide product information etc. Do use discretion in sending costly product samples, especially if they could be easily copied. Product samples should be reserved for the top prospects.

Once you've located some prospects, how can you tell who's best?

The key is to know what you want in a rep. You should identify the qualifications needed for effective representation. The requirements may vary by product, but five basic qualities are fundamental:

Experience: a rep with a solid track record as an agent or distributor; expertise in the product area; and strong connections in the user community.

Capability: a rep who can market and support the products in the way required (e.g., promote the product, train users, install and service equipment)

Motivation: a rep who is enthusiastic about the product and able and willing to give it priority

Loyalty: a rep who would not desert you for a competitor or represent a firm with a competing product

Honesty: a rep with a good reputation in the industry and good bank and trade references

When finding your rep. make sure you know the following background information on each prospect:

  • Current status and history, including background on principal officers
  • Personnel and other resources (sales people, warehouse and service facilities, etc.)
  • Sales territory covered
  • Current sales volume
  • Typical customer profiles
  • Names and addresses of foreign firms currently represented
  • Trade and bank references
  • Capability to meet your special requirements
  • Opinion on the market potential for your products

Don't hesitate to ask prospects for this information. They'll respond if they want your business. Of course, don't go by what they say alone. A face-to-face meeting with top prospects is also wise at some point, preferably at their premises for a first-hand evaluation.

Select and Appoint the Best Reps

Once you've identified the best prospects, you should formalize the appointment with an “agent/distributor agreement”. These agreements clearly specify the terms of the relationship and the responsibilities of each party.

The “agent/distributor agreement” should cover the following:

  • Products covered
  • Territory covered (e.g., country)
  • Degree of exclusivity
  • Minimum sales/purchase obligations
  • Responsibilities for marketing, promotion, shipping
  • Responsibilities for technical support, training, after-sales service
  • On-hand inventory requirement
  • Allocation of expenses
  • Terms of commission/payment
  • Handling of complaints and disputes (e.g., arbitration)
  • Conditions of termination

These points are negotiable. Aim for a mutually beneficial agreement that motivates the rep and protects your interests.

The rep will also ask you to respond promptly to orders, deliver the product on time, pay the agreed commission, provide training or other specified support, and pay a fair share of any joint marketing and promotion expenses.


These are reasonable conditions. In turn, you should seek the following commitments from the rep:

  • To apply the utmost skill and ability to the sale of your products
  • To effectively perform the marketing, promotion and support tasks you specify
  • To meet any performance goals you specify (e.g., sales volume and growth)
  • Not to handle competing lines
  • Not to disclose confidential information about your company and products
  • Not to bind you to agreements without your prior approval


Please Note: It's also very important to have an “escape clause” in the agreement. You need the flexibility to change your rep. if the rep doesn't perform as agreed.

Most agreements specify a specified duration (usually one year), with automatic annual renewal, unless either party opts to terminate. Typically, advance notice is required for termination (e.g., 30, 60 or 90 days).

However, some countries limit termination rights in order to protect local businesses. Without an enforceable termination clause, you might have to retain a poor performer longer than you want, or pay a high fee to end your relationship with your rep.

You should consult an internationally experienced attorney before signing any agent/distributor agreement.

Support Your Overseas Reps

Good reps need your co-operation and support as much as you need theirs. Treat them as you would your domestic sales force. Prices, terms and commissions should be reasonable. At the least, you should:

  • Alert your reps to planned changes to the product line, pricing and delivery
  • Respond promptly to their calls and correspondence
  • Provide product training and customer support as needed
  • Consider help with promotions, including cost sharing for trade shows and media ads.
  • Deliver the goods when and as promised

Responding to inquires!

Basic Rules

Reply quickly or not at all: Delay implies lack of interest to the prospect's needs. Also, MOST IMPORTANTLY, delays give competitors more time to win the business. Use E-mail, fax, airmail or express delivery as appropriate.

Answer all questions: The inquirers may ask many questions, but should not have to ask the same questions twice. If one of your standard letters answers the questions, send the letter. If not, revise the letter to answer the questions.

Use a business-like tone: Impersonal letters and responses don't make a good impression. Edit your letter and make it specific to the inquirer. Be friendly and courteous, but avoid slang or informal responses. Include name, title and contact information in all correspondence (phone, fax, E-mail and Web address). Print all letters on company letterhead.

Reply in the language specified: Most inquiries are in English. Some are in the author's language but ask for a reply in English. If the inquiry is not in English, have it translated so it’s clear what the prospect wants. Translate the response if requested. Commercial translators will do this for a fee. Some colleges and universities also offer translation services.

Enclose product brochures, price lists and other information: Use your materials to answer most questions, so that the next communication will be a request for quote!

Handling Requests for Information and Price Quotes

Handling requests for information and price quotes. As inquiries lead to interest, prospects will send you a “Request for Quote”. Your “Export Quotation” in response should cover all costs to produce and deliver the goods, plus ancillary fees and markup.

Although formats can vary, “export quotation invoices” or “Performa invoices”, cover the following points:

  • Date prepared
  • Exporter's name, address and telephone/fax/telex numbers
  • Buyer's name and address
  • Buyer's reference number and date of inquiry
  • List and brief description of requested products
  • Price of each item
  • Trade discount, if applicable
  • Country of origin of the goods
  • Gross and net shipping weight (in metric units where appropriate)
  • Total cubic volume and dimensions (in metric units as needed) packed for export
  • Delivery point
  • Terms of sale
  • Payment terms and method, including currency to be used for payment
  • Insurance and shipping costs, specifying who will pay
  • Total charges to be paid by customer
  • Estimated date of shipment arrival
  • Any other terms of the proposed sale
  • An explicit expiration date for quotation


When you and the buyer have agreed on the final price and terms, a “Commercial Invoice” is used for billing.

A commercial invoice lists the quantity, weight, unit price, and total price of each item exported, along with other basic information about the transaction (such as the address of the shipper and seller, and the delivery and payment terms). The buyer needs the invoice to prove ownership and to arrange payment. Some governments use the commercial invoice to assess customs duties.

Prepareing Goods for Delivery

To move the goods overseas, you'll need to pack, label, document, insure, and ship them.

Some of this preparation is to protect the goods from damage, theft, or delay in transit.
Some actions are legally required, either by the exporting or importing country.

Packing for Export

Exported goods face greater physical risks on route than domestic shipments. They're more vulnerable to breakage, theft, and damage. At some ports, goods may be loaded or unloaded in a net or by a sling, conveyor, chute, or other method, putting added strain on the package. Goods might be stacked on top of each other or bump against other goods.

Overseas, the cargo might be dragged, pushed, rolled, or dropped. Moisture is also a danger. The cargo also might be unloaded in the rain. Some foreign ports do not have covered storage facilities. Goods can also be stolen when inadequately protected.

If you're not equipped to pack the goods yourself, use a professional packing firm. This service is usually provided at a moderate cost.

To avoid problems:

  • To deter theft, shrink wrapping where possible and don't list the contents or show brand names on the outside of the packages.
  • For sea shipments, containerize your cargo whenever possible. Containers vary in size, material, and construction and are best suited for standard package sizes and shapes.
  • For air shipments, you can use lighter weight packing, but you must still take precautions. Standard domestic packing should suffice, especially if the product is durable.

Export Marking and Labeling

Export packages need to be properly marked and labeled to meet shipping regulations, ensure proper handling, conceal the identity of the contents, and help receivers identify shipments. The buyer usually specifies export marks that should appear on the cargo, such as:

  • Shipper's mark
  • Country of origin
  • Weight marking (in pounds and in kilograms)
  • Number of packages and size of cases (in inches and centimeters)
  • Handling marks (international pictorial symbols)
  • Cautionary markings, such as "This Side Up."
  • Port of entry
  • Labels for hazardous materials

Mark containers clearly to prevent misunderstandings and delays in shipping. Letters are generally stenciled onto packages in waterproof ink. Markings should appear on three faces of the package, preferably on the top and the other two sides.

Comply with Trade Requirements

When exporting from India, there are certain things you must do. Basically, for exporting any goods, you require to get the goods approved by certain “Customs Authorities”.

There are a number of documents required. There are also many incentives that the government gives for export of certain goods. To completely understand all the requirements, legal formalities and procedures you must read "Procedures For Exports In India"

Getting paid after exporting goods!

After the goods leave, you want to make certain you’ll get paid. You need to be familiar with the payment methods used for export transactions. They differ from methods used domestically, and some methods are riskier than others.

Foreign buyers expect to pay only when the goods arrive, or later if possible. Few will be willing to pay in advance.

Letters of Credit (L/Cs) is the most common export payment method.

Letter of Credit

With an L/C, a bank pays you. The bank collects independently from the importer. An L/C can be at sight (immediate payment upon presentation of documents) or a time or date L/C (payment to be made at a specified future date).

Here's a typical L/C scenario:

  1. The exporter and the importer agree on the terms of a sale.
  2. The importer applies for the L/C for the amount due from a local commercial bank. The L/C is normally “irrevocable” to protect both parties (no changes permitted without the consent of both the buyer and the seller). The bank typically requires the buyer to put up collateral to cover the L/C amount. At this point, the buyer’s bank takes on the obligation to pay you.
  3. The importer's bank prepares the irrevocable L/C and all instructions concerning the shipment.
  4. The importer's bank sends the irrevocable L/C to a correspondent bank in the exporter’s country, requesting “confirmation”. At this point, the confirming bank accepts the obligation to pay the exporter.
  5. The confirming bank sends the exporter a letter of confirmation along with the “confirmed, irrevocable” L/C.
  6. The exporter reviews and accepts all conditions in the L/C.
  7. The exporter arranges to deliver the goods to the appropriate exit port or airport.
  8. When the goods are loaded, the exporter completes the necessary documents.
  9. The confirming bank checks that documents are in order and sends them to the importer's bank for review.
  10. The importer gets the documents from his bank and uses them to claim the goods.
  11. The confirming bank pays the exporter by draft at the time specified.
  12. Satisfying all the conditions of the L/C terms is crucial. You should carefully review the L/C and make sure the price and terms are the same agreed to in price quotes and other documents.


If the L/C terms are not precisely met, the bank might not pay. Also, the bank will only pay the amount in the L/C, even if higher charges for shipping, insurance, or other factors are documented.

If the L/C terms can't be met, or it has errors or even misspellings, you should contact the buyer immediately and ask for an amendment to the L/C to correct the problem.

To get paid, you must provide documentation showing that the goods were shipped by the date specified. The freight forwarder can advise about any unusual conditions that might delay shipment. You must also present the documents by the date specified. The bankers can advise whether there’s enough time to meet a presentation deadline. You should always request that the L/C specify that partial shipments and transshipment will be allowed. This will avoid unforeseen problems at the last minute.

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