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Documentary Collections Frequently Asked Questions

In domestic trade, a seller generally ships the goods and sends the bill of lading and invoice directly to the buyer. The buyer takes possession of the goods upon their arrival and settles the payment obligation as agreed. This open account payment method may also be used in international trade. Frequently, however, in international trade the seller wants to control the goods until the overseas buyer has paid or has formally promised to pay. The documentary collection is a banking service that can be used to achieve this goal.

What are the "collections" in documentary collections?

"Collections" are bank collections, the delivery through banking channels of various commercial and shipping documents for release to a buyer against either payment or acceptance When a drawee acknowledges in writing on the face of the draft that the buyer will pay the draft at maturity. of financial instruments.

What are the "documents" in documentary collections?

"Documents" are financial or commercial instruments, such as bills of exchange (drafts), payments receipts, checks, promissory or demand notes, or other similar instruments. Alternatively, commercial or shipping documents, such as invoices, bills of lading, shipping receipts, title documents, and commercial certificates (weight, origin, packing, etc.) are not considered financial documents.

How does documentary collection work?

A documentary collection is a payment mechanism in which a seller uses a bank as his or her "agent" in collecting payment from a buyer located overseas. After shipping the goods, the seller submits a draft (a demand for payment) and the relevant shipping documents to his or her bank, along with instructions to release the documents to the buyer upon the buyer's payment or acceptance of the draft. The seller's bank sends the documents, draft, and collection instructions to a branch or correspondent bank in the buyer's country. This bank carries out the seller's collection instructions and, upon receipt of payment from the buyer, remits payment to the seller's bank for credit to the seller.

What are clean versus documentary collections?

Clean collections are those collections of financial documents without attached commercial documents. Documentary collections may or may not have attached financial documents.

Who are the parties to a collection?

The collection parties consist of the "principal" (seller or exporter), or the party who requests the collection process through his or her bank. The seller's bank is called the "sending bank" or "remitting bank." The "collecting bank" is any other bank involved in executing the collection function. The "presenting bank" is that collecting bank which makes the ultimate proposal for acceptance or payment of documents to the final party (buyer or importer) under the collection order. The final party is also known as the "drawee."

What are foreign collections?

Foreign collections through banks is a time proven, low-cost method of collecting money. Collections abroad can involve a variety of items in the form of documents that companies or individuals are trading for a payment or a promise of payment of money. Banks are entrusted with these items for their proper release when acceptance or money is obtained as instructed. The charge for this service is usually a nominal flat fee, plus out of pocket expenses.

What are the benefits of collections?

Collections ensure that merchandise is consigned through a carrier in such a way that the buyer cannot obtain the merchandise without payment or other considerations. Therefore, as the documents of title (negotiable bills of lading) or instructions to release goods are presented within the banking collection system, the seller has more security than open account trading. Through the bank collection system, the seller can direct that the merchandise or documents of title not be released until the buyer pays the collection (D/P, documents against payment) or accepts a time draft (D/A, documents against acceptance).

Release of documents against accepted time drafts in the true sense is open account with the support of a negotiable instrument to pay at a future date. This buyer-accepted draft is known as a trade acceptance. The primary advantage of an accepted draft over open account is that the seller now has a written agreement to pay from the buyer. This may help the buyer in the event of litigation. Under the bank collection procedure, buyers cannot inspect the merchandise; however, they can demand to inspect copies of the documents for acceptability before payment or time draft acceptance. Thus, bank collections operate as a payment method of compromise between open account and letters of credit.

How are collections sent?

Collections may be sent to collecting banks by courier service (such as Airborne, FedEx, DHL), express air mail, or regular air mail. In the past, it was customary for sellers to deliver documents to their bank for transmittal, as mentioned. A precise letter of instruction, which the seller's bank could transcribe on its collection letter, would accompany the documents. Today, however, many banks provide a service called direct documentary collections. This is an arrangement that enables the seller to send documents, draft and collection letters to the buyer's bank. The purpose is to save time that would otherwise be required to pass the collection through the seller's bank first. The seller sends a copy of the collection letter to his or her bank, which follows up on the collection.

What is the International Chamber of Commerce Uniform Rules for Collections?

The International Chamber of Commerce Uniform Rules for Collections govern the rights and responsibilities of the parties in most countries. They are published in the Uniform Rules for Collections, 1995 Revision, ICC Publication No. 522 (also known as "URC 522"), available from the International Chamber of Commerce (http://www.iccwbo.org).

The ICC rules are validated by the fact that most countries accept them. Courts in those countries will apply the rules unless contradictory laws or a unique set of facts require a different interpretation. In a collection transaction, a bank acts as an agent for the seller. It is bound by the seller's instructions and acts at its own risk if it takes actions not covered by the instructions.

How is payment obtained?

As with letters of credit, the basic instrument through which payment is obtained in documentary collections is a draft. This is an order for the payment of money drawn by one party, the drawer, on another, the drawee. Drafts may be payable at sight (upon presentation) or at a fixed future date, such as 60 days from presentation. A properly executed draft is a negotiable instrument. Drafts are referred to as bills of exchange in most parts of the world outside the U.S. A time draft that has been accepted by the drawee is called a trade acceptance. (See Banker's Acceptances.)

The documents accompanying the draft are those required by customs authorities in both countries in addition to those stipulated by the buyer (the importer). Failure to provide proper documentation could place the shipment in jeopardy. For example, without certain documentation such as a certificate of origin the merchandise in question might be held in customers.

A bill of lading is the title document for the goods shipped. In most cases, a negotiable bill of lading is used and title is transferred by a simple endorsement of the bill of lading. In the case of air shipments, the bills of lading are non-negotiable. To prevent the buyer from obtaining possession of the merchandise without paying or accepting a time draft, the seller (exporter) may consign the shipment to the collecting bank, provided that the bank gives approval in advance. Another alternative is to consign the goods to an impartial third party or agent. If either option is not possible, the documentary collection device may not be advisable when a straight or non-negotiable bill of lading or an air waybill Non-negotiable bill of lading that applies to air cargo. is used. (See Bills of Lading.)

While the seller or its bank may select the collecting bank, the transaction may be expedited by using the buyer's bank in that role. Typically, the seller's instructions list the documents transmitted and state the conditions under which they are to be given to the buyer. The seller's instructions also state the channel through which proceeds are to be remitted, and indicate which party is responsible for paying bank charges.

If the seller has an office or local representative in the buyer's country, this should be indicated in addition to listing a contact to be made there in the event of any problems.

How are bank collection fees handled?

In addition to the protection provided by the retention of title by the seller, documentary collections have other advantages. The fees are usually lower than those charged for letters of credit and the collecting bank's assistance expedites payment over that which would be obtained by open account. It should also be noted that foreign collecting banks usually deduct their fees from the funds received from the buyer before remitting payment to the seller.

Foreign collecting bank processing fees can be surprisingly high in some countries. These fees are largely unregulated. Sellers should know how much the fees would be and factor this cost into the price of the product. The seller can ask its bank to find out what the collecting bank will charge for its services.

If the costs are unusually high arrangements should be made to have the buyer pay all or part of the fees. If the collection letter does not specify which party is to pay, the fees will be deducted from the amount to be remitted to the seller.

What are the advantages and disadvantages of collections?

Documentary collections are widely used to settle trade transactions. They are the primary terms of sale when a long-standing relationship exists between the buyer and seller and particularly when the buyer is an authorized dealer or distributor for the seller. In practice, the most common disadvantage is the delay when local funds are exchanged into dollars or other hard currencies desired by the sellers for sales to developing countries. Those delays are often the fault of the exchange control authorities, not the foreign buyer or even the buyer's bank.

When the goods being shipped are perishable or manufactured to a buyer's unique specifications, this settlement method may not be advisable. Rejection of the merchandise could result in a loss to the seller. Any delay in delivering perishable merchandise could also result in a loss to the seller.

How are collections monitored?

To trace the status of collections, remitting banks set up tickler files to send letters or faxes or other forms of inquiry requesting information from the collecting bank. The inquiries are called "tracers" in the U.S., and are sent at determined intervals. The interval time depends on the urgency involved, mail time, shipping time or speed of carrier delivery, and special instructions from the remitting bank's customer. Replies to tracers are called status reports and they are passed on to the seller as part of the collection service.

Banks that have automated their collections handling may be in a better position to send tracers at appropriate intervals due to automatic processing. Automation can more easily provide weekly or monthly status report summaries in addition to the individual item notification. This is especially important for high volume customers and such reports can be made as frequently as the export desires.

How are collections financed?

Collections may be financed by the exporter's bank. The drafts themselves, being negotiable instruments, may be purchased by the bank, with or without recourse to the exporter. The financing may also be arranged in the same manner as accounts receivable. To guard against the risk of rejection of the goods shipped, funds may be advanced only after acceptance of the draft by the drawee or, if advanced earlier, with full recourse to the exporter prior to acceptance. The bank must be satisfied with the credit risk represented by the exporter and importer and the elements of country risk.

In some cases, arrangements may be made to have the importer's bank add its guarantee or aval to the instrument, thus strengthening the credit. Insurance against certain credit and political risks is also available through the Ex-Im Bank and certain private insurance companies.

Edited by Michael Dennis, author of "Credit and Collection Handbook" available at the NACM Bookstore.

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