经贸英语

的与要求〗

通过本章的学习，使学生了解货款结算所涉及的支付工具、付款时间、地点及支付方式等问题，为实际工作中磋商交易打好基础。通过学习，学生必须掌握三种支付工具：汇票、本票、支票,三种支付方式：汇付、托收、信用证，并掌握各种支付方式的结合使用。

〖考核要点〗

汇票、本票、支票

汇付、托收

信用证的性质、特点与作用

信用证的分类

〖教学内容〗

案例引入

我某外贸企业与某国A商达成一项出口合同，付款条件为付款交单见票后45天付款。当汇票及所附单据通过托收行寄抵进口地代收行后，A商及时在汇票上履行了承兑手续。货抵目的港时，由于用货心切，A商出具信托收据向代收行借得单据，先行提货转售。汇票到期时，A商因经营不善，失去偿付能力。代收行以汇票付款人拒付为由通知托收行，并建议由我外贸企业直接向A商索取货款。对此，你认为我外贸企业应如何处理？

Unit1 Instrument of Payment

支付工具

一、Bill of exchange 汇票

㈠The definition and contents of bill of exchange 汇票的定义和内容

A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable further time, a sum certain in money to, or to the order of, a specified person, or to any bearer. It’s contents are as follows:

1.“Bill of exchange”

1. An unconditional order in writing

2. A sum certain in money

3. The time of payment

4. The place of payment

5. Drawee

6. Payee

7. The date to issue the bill

8. The place to issue the bill

9. The signature of drawer

汇票是一个人向另一个人签发的，要求见票时或在将来的固定时间或可以确定的时间，对某人或其指定的人或持票人支付一定金额的无条件的支付命令。包括以下内容

1. 汇票上写明“汇票”字样

用中文表示时印上“汇票”戳记；用英文表示时标明“Bill of

E xchange ”；在国际贸易中，一般以英文表示。一般可以看到“Exchange for...”的字样。

2. 无条件的支付命令

用英文的祈使句来表示，常常可以看到“Pay to the order of…”的表示方法。

3. 有大写和小写的货币名称和一定金额

4.付款期限

5.付款地点

6.受票人

7.受款人

8.出票日期

9.出票地点

10有出票人的名称和签字盖章

㈡Parties to a bill of exchange 汇票的当事人

1.The drawer: 出票人 The person who draws the bill of exchange and he is usually the exporter or his banker in import or export trade.

2.The drawee: 付款人 The person who is to pay the money and he is usually the importer or the appointed banker under a letter of credit in import and export trade.

3. The payee: 受款人 The person who is to receive the money, he may be, and often is, the same person as the drawer and he is usually the exporter himself or his appointed banker in business or he may be the bearer of the bill.

汇票的当事人

汇票的基本当事人有出票人、付款人和收款人。

1）出票人。即签发汇票的人，一般是出口方或其制定的银行。

2）付款人。即接受支付命令付款的人，一般是进口方或指定的银行。

3）收款人，即受领汇票所规定的金额的人

㈢ Classification of the bill of exchange 汇票的分类

1.According to the drawer, it is divided into 2 kinds: banker’s draft and commercial draft.(银行汇票和商业汇票)

2.According to whether accompanied with shipping documents, it can be classified into 2 kinds: clean bill and documentary bill.(光票和跟单汇票)

3.According to the time of payment, it is divided into 2 kinds: sight bill and time bill or usance bill. (即期汇票和远期汇票)

㈣General procedures in handling a bill of exchange 汇票的使用程序

1.Drawing(issuing): 出票 It means the act of the drawer in filling up the bill of exchange with particulars as to the name of the drawee, the amount payable, the date of payment and the name of the payee, and after signature, the drawer may present the bill to the drawee through the medium of the payee or a banker.

With regard to the payee, the drawer may use one of the following methods: l Restrictive payee: it can not be negotiated or transferred to another party by endorsement and only the payee named can collect the amount. l To order: it can be negotiated or transferred to another party after

endorsement or the amount may be collected by the payee himself.

l To bearer: it doesn’t need the endorsement by another pa rty and can be negotiated or transferred merely by delivery.

2.Presentation:提示 It refers to the act of the holder of the bill of exchange presenting the bill to the drawee, asking the later either to pay or to accept the bill. The drawee’s receiving or see ing the bill is called sight.

3.Acceptance: 承兑 It means the act of the drawee to show his responsibility by accepting the usance bill for payment at a fixed future date by writing the word “accepted”, marking the date of acceptance and signing on the face of the bill.

4.Endorsement: 背书 It may be a negotiable instrument, and may be transferable in the international money market. In the case of a “to order” bill of exchange, endorsement is needed in the procedure of negotiation or transfer by the payee by signing his name on the back of the bill, either blank endorsement which makes the bill payable to the bearer or holder, or full endorsement with the name of the transferee and his order, who is called the endorsee.

5.Dishonour(Protesting): 拒付 when a bill has been duly presented for acceptance or payment and the acceptance or payment has been refused, the bill is said to be dishonored.

6.Payment 付款

二、Promissory Note: 本票

㈠The definition and contents of the promissory note: 本票的定义和内容A promissory note is an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money to, or to a order of, a specified person or to a bearer. A promissory note includes the following points:

1.Words “promissory note”

2.Promise to pay without conditions

3.A sum certain in money

4.The receiver

5.The date of drawing the note

6.The signature of the drawer

本票是一项书面的无条件的支付承诺，由一人签发，并交给另一人，经制票人签名承诺即期或定期或在可以确定的将来时间，支付一定的货币给一个特定的人或其指定人或来人。

1．写明其为“本票”字样

2．无条件支付承诺

3．一定金额

4．收款人或其指定人

5．制票人签字

6．付款期限

7．付款地点

㈡Classification of the promissory note 本票的分类

Promissory note is classified into bank note and commercial note. Bank note is issued by the bank; but commercial note is issued by the business or the person.

本票的种类

1．商业本票

由工商企业或个人签发的本票，有即期和远期商业本票。

2．银行本票：

本票广泛地应用于银行，由商业银行签发即期付给记名收款人的不定额的银行本票，可以当作现金，交给提取存款的客户。商业银行还发行即期定额付给来人的银行本票，又称银行券。

㈢The difference between the bill of exchange and promissory note:

汇票和本票的区别

1.Promissory note: two parties involved; bill of exchange: three parties involved.

2.The drawer of the promissory note is the payer, and time promissory note doesn’t need endorsement; time bill of exchange needs endorsement.

3.In any cases, the drawer of the promissory note is the main debtor; the drawer of bill of exchange is the main debtor before acceptance, but after acceptance, the acceptor become the main debtor.

三、Cheque 支票

A cheque is an unconditional order in writing drawn on a banker signed by the drawer, requiring the banker to pay on demand a sum certain in money to or to the order of specified person or to a bearer. It is divided into cash cheque and transfer cheque; crossed cheque and non-crossed cheque.

支票是以银行为付款人的即期汇票。包括现金支票和转帐支票；划线支票和不划线支票。Unit2 Mode of payment

支付方式

一、Remittance 汇付

㈠The definition and parties of remittance 汇付的定义及其当事人

1.Remittance means that the buyer remits money to the seller through a bank on his own initiative.

汇付是顺汇法，是指进口人主动将货款付给出口人，属于商业信用。

2.Parties of remittance

l Remitter汇款人

l Payee or beneficiary收款人

l Paying bank汇入行

l Remitting bank汇出行

㈡Classification of remittance 汇付的分类

Remittance is classified into three kinds:

1.Mail transfer (M/T):(信汇) The buyer gives money to a local bank which sends a trust deed for payment to it’s correspondent bank at the seller’s end by mail and entrusts it with the task to pay money to the seller.

2.Telegraphic transfer (T/T)(电汇) At the request of the buyer, a local bank sends a trust deed for payment by cable directly to it’s correspondent bank at the seller’s end and entrusts the work to it to pay money to the seller.

3.Demand draft (D/D): (票汇) The buyer buys a draft from a local bank and sends it by mail to the seller, the seller or his appointed person can collect money from the relative bank at his end against the draft sent by the buyer.

㈢The usage of remittance in international trade:

1.Payment after arrival of the goods货到付款

2.Payment in advance预付

二、Collection 托收

㈠The definition and parties of collection 托收的定义和当事人

1.Collection means that the exporter asks his bank to arrange for the acceptance or payment of the bill overseas, and the bank will carry his task through it’s own branch office abroad or a correspondent bank.

是逆汇法，是指债权人开具汇票，委托当地银行(托收行)通过它在债务人所在地的分行或代理银行(代收行)向债务人收款的方式。托收也属于商业信用

2.Parties involved in collection 托收所涉及的当事人

l The remitting bank 托收银行

l The collecting bank 代收银行

l The payer or importer 进口商

l Presenting bank 提示行

㈡Kinds of collection 托收的种类

1.Collection on clean bill:(光票托收) It means that the exporter collects the purchase price against the draft only, without any shipping documents attached thereto.

This method is usually used in collecting balance under L/C, advance, commission and costs of samples.

光票托收是指汇票后面不附有商业单据（购货发票、运输单据等）的托收。在国际贸易中，光票托收主要用于小额交易、预付货款、分期付款以及收取贸易的从属费用。

2.Collection on documentary bill: (跟单托收) It means that the exporter collects the purchase price against the documentary bill. It can be subdivided into two kinds:

⑴Document against payment(D/P): 付款交单 D/P calls for actual payment against the transfer of shipping documents. There is D/P at sight and D/P after sight.

跟单托收是指使用跟单汇票，即附有货运单据的汇票的托收。国际贸易中货款的收取大多采用跟单托收。在跟单托收的情况下，按照向进口人交单条件的不同，可以分为付款交单和承兑交单两种。

l D/P at sight: 即期付款交单 After shipment of the goods, the exporter shall draw a sight bill of exchange, and send it as well as shipping documents to a local bank, through which and whose correspondent bank the

documentary draft is presented to the importer. The importer shall pay against the documentary draft drawn by the seller at sight. It requires immediate payment by the importer to get hold of the documents.即期付款交单（Documentary against Payment at sight，简称D/P at sight）。是指出口人发货后开具即期汇票连同商业单据，通过银行向进口人提示，进口人见票后立即付款，进口人在付清货款后向银行领取商业单据。

l D/P after sight: 远期付款交单 After shipment of the goods, the exporter shall draw a usance bill of exchange and send it as well as shipping documents to a local bank, through which and whose correspondent bank the documentary draft is presented to the importer. The importer shall accept the usance draft, and make payment on the date of the usance bill.远期付款交单（Documentary against Payment after sight，简称D/P after sight）。是指出口人发货后开具远期汇票连同商业单据，通过银行向进口人提示，进口人审核无误后即在汇票上进行承兑，于汇票到期日付清货款后再领取商业单据。

⑵Documents against acceptance(D/A):承兑交单 It calls for deliver of documents against acceptance of the draft drawn by the exporter. D/A is always after sight, and it makes the importer get hold of shipping documents and take delivery of the goods before payment. So the exporter would have to take great risks.

三、Letter of credit(L/C) 信用证

The most commonly used method of payment in the financial business of international trade is the letter of credit which I sa reliable ands safe

method of payment, facilitating trade between unknown parties and giving protection to both the seller and the buyer.

㈠The nature of the letter of credit: 信用证的性质 The letter of credit is the guarantee that the issuing bank gives to the beneficiary, if the beneficiary carries out contract according to the L/C, the issuing bank shall pay.

㈡The feature of the letter of credit: 信用证的特征

1.It is a kind of bank credit. 银行信用

2.It is a self-sufficient document.自足文件

3.It is a document deal. 单据交易

㈢The function of L/C

1．对出口商的作用

2．对进口商的作用

3．对银行的作用

㈣The parties relating to a L/C

1.Applicant,(申请人) generally the buyer or importer.

2.Opening bank, (开证行) which is the bank receiving the application from the applicant to issue the L/C and will be responsible for payment. It is usually a bank at the place where the importer’s premises are located.

3.Advising bank, (通知银行) which is a bank at the place where the exporter resides and may usually be a branch of the issuing bank or it’s correspondent, The advising bank hands the letter of credit to the exporter

under the instructions from the issuing bank. It only proves the authenticity of the L/C and is not responsible for anything else.

4.The beneficiary, (受益人) who is empowered to use the L/C and is usually the exporter.

5.The negotiating bank,(议付行) which is a bank ready to accept or discount the documentary bill drawn by the beneficiary under the L/C. The negotiating bank may be the advising bank or another bank appointed to negotiate under the L/C.

6.paying bank,(付款行) which is a bank responsible for the payment specified in the L/C. It is usually the issuing bank or it may be another bank appointed by the issuing bank according to stipulation in the L/C.

7.Confirming bank, (保兑行) which is the bank confirmed in the L/C at the request of the issuing bank.

8.Reimbursement bank(偿付行)

9.Transferee, (受让人) it is also called second beneficiary.

㈤The contents of the L/C(信用证的内容)

1.The definition of the L/C, its kind, validity, expiry date and place of negotiation;

2.Descriptions of the goods to be shipped: name, specification, quality, quantity, packing, price, and etc. of the goods.

3.The latest shipment date, the port of loading and port of destination, types of transportation, partial shipments or transshipment to be or not

to be allowed;

4.Evidence and documents for payment: bill of exchange, commercial invoice, B/L, insurance policy or certificate, packing list, certificate of origin, inspection certificate and etc.;

5.Any special requirements;

6.Clauses covering the responsibility of payment by the issuing bank in favour of the beneficiary or the bill of exchange.

㈥Kinds of L/C 信用证的种类

1.According to whether the draft is accompanied with the shipping document, L/C is divided into 2 kinds:

l Documentary L/C: 跟单信用证 The bill of exchange should be accompanied with shipping documents.

l Clean L/C: 光票信用证The bill of exchange isn’t accompanied with shipping documents.

2.According to the responsibilities that the issuing bank bears, L/C is classified into2 kinds:

l Revocable L/C: 可撤消信用证 The opening bank may amend or revoke the credit before negotiation, acceptance or payment without agreement of the beneficiary.

l Irrevocable L/C: 不可撤消信用证 Once the L/C is opened, without agreement of the beneficiary, the opening bank can’t amend or revoke the L/C within its validity. As long as the beneficiary provides the documents

in accordance with the stipulation in the L/C, the opening bank shall perform its duty of payment.

3. According to whether the bank confirms, L/C is classified into 2 kinds: l Confirmed L/C: 保兑信用证 The confirmed L/C should be an irrevocable L/C confirmed by the opening bank. Once an L/C is confirmed, there are two banks to be responsible for the payment of the purchase price, i.e., the opening bank and the confirming bank.

l Unconfirmed L/C: 不可保兑信用证The L/C isn’t confirmed by any bank. 4.According to the time of payment, L/C is divided into 2 kinds:

l Sight L/C: 即期付款信用证 It stipulates that the beneficiary may collect the purchase price from the bank as soon as the beneficiary provides the documents.

l Deferred L/C: 延期付款信用证 It stipulates that the beneficiary may collect the purchase price from the bank after several days. This kind of L/C doesn’t use time draft.

5.According to whether the L/C can be transferred, it is classified into 2 kinds:

l Transferable L/C: 可转让信用证 It allows the beneficiary to transfer the amount partly or wholly of the L/C to one or more than one parties, i.e., the second beneficiary.

l Non-transferable L/C: 不可转让信用证The beneficiary can’t transfer the L/C to other parties.

6.Acceptance L/C: 承兑信用证 this kind of L/C is accepted by the bank. When the beneficiary presents the time draft to the bank, the bank will accept it and pay the price on the due date.

7.Negotiation L/C: 议付信用证 The opening bank invites other bank to buy draft and /or documents. This kind of L/C allows the beneficiary to negotiate the purchase price from an indicated bank or any bank.

l Open negotiation L/C 公开议付用证

l Restricted negotiation L/C 限制性仪付信用证

8.Revolving L/C: 循环信用证 When the export sale is not an isolated transaction but the overseas buyer is a regular customer of the exporter, the buyer will arrange a revolving credit in favor of the seller. The buyer gives the bank standing instructions to arrange for a credit in favor of the exporter, which at no time shall exceed a fixed maximum.

9.Reciprocal L/C: 对开信用证 When the two parties conclude a transaction in which they act as importers and exporters mutually and the trades are related and equal or almost equal. The two parties open Ls/C in favor of each other. So the two Ls/C are conditioned on each other. The features of reciprocal L/C:

l The two Ls/C must be valid simultaneously.

l The drawer and beneficiary of one L/C are usually the drawee and payer of another L/C.

l The opening bank of one L/C is usually the advising bank of another.

10.Back to back L/C: The exporter sends the L/C established by the importer in his favor to a bank as sole security, requiring the local bank to reopen an L/C in favor of the actual exporter. The L/C opened by the importer is called the original L/C, while the second L/C issued in favor of the actual exporter at the request of the exporter is called the subsidiary L/C.

10. Anticipatory credit: 预支信用证 It is called the packing credit. The opening bank allows the beneficiary to collect the purchase price against the draft or other evidence, but he must give a receipt and an undertaking to present the required shipping documents within the validity of the credit.

11. Standby L/C: 备用信用证 It is also called the commercial paper L/C, which is a guaranty issued by the opening bank on behalf of the applicant declaring that the bank will undertake certain obligations. It is a special L/C which Northern American countries usually use instead of a letter of guarantee. The roles assumed by the standby not only include making payment but also include guaranteeing to perform a contract, making repayment for loan, and fulfilling other agreed obligations.

12. Letter of guarantee (L/G): 银行保函 It is a written document issued by the bank on behalf of the importer or exporter in favor of the latter or the former guaranteeing to undertake payment, conclusion or performance of a contract, etc.

㈦Differences between the standby L/C and the common L/C:

1.The L/C is usually used only in specific trade, while the standby L/C is used only in the case of non-performance of duty by the applicant, such as non-delivery, non-payment, non-repayment for loan or refusing to sigh the contract after winning the tender or refusing to pay the performance bond, etc.

2.The L/C is suitable for the goods business, while the standby L/C is suitable for many kinds of business accept the goods.

3. Under the L/C, the opening bank shall pay the price according to the shipping documents that is consistent with the stipulation in L/C; while under the standby L/C, the opening bank shall pay according to the certificate that proves the applicant fail to carry out the contract. ㈧Combination of different mode of payment 各种支付方式的选用

https://www.360docs.net/doc/8b4484053.html,bination of Remittance and L/C 信用证与汇付的结合

In this case the partial amount is paid by L/C, the balance is settled by remittance.

https://www.360docs.net/doc/8b4484053.html,bination of L/C and collection 信用证与托收的结合

In this case, the partial amount is paid by L/C, the balance is settled by collection. The exporter will draw two drafts, the amount under the L/C will be paid against a clean draft, while the full set of shipping documents will be attached to the sight draft under collection.

https://www.360docs.net/doc/8b4484053.html,bination of collection, remittance and L/C 信用证与托收、汇付的结合

As to full sets of equipment, big machinery, vessels, airplanes etc., owing to the large amount and a long production period, the buyer, according to the procedures of production and delivery, usually adopts the combined modes of collection, remittance and L/C

Differences between progressive payment and deferred payment:

延期付款和分期付款的区别

l In the case of progressive payment, the importer pays the purchase price in an agreed mode periodically. When the exporter fulfils the duty of delivery, the importer has already or nearly paid off the price value, so it is called cash on spot delivery. In the case of deferred payment, most of the purchase price is amortized in a long period after the delivery of the goods, so it is a credit given to the importer by the exporter, but the importer shall undertake the interest resulting from the deferred payment.

l In the case of progressive payment, the importer will not obtain the whole title to the goods until he pays off the last part of the purchase price. In the case of deferred payment, the goods will be transferred to the importer automatically as soon as the exporter performs the delivery of the goods.

https://www.360docs.net/doc/8b4484053.html,bination of collection and standby L/C or L/G 备用信用证与托收的结合

Collection has risks for exporter, so the exporter shall adopts the combined