1、 International political, economic and cultural exchange inevitably leads to credits and debts owed by one country to another.The international settlement involves both tangible and intangible trades, foreign investments, funds borrowed from or lent to other countries and so forth. To be more specif
2、ic, international payments and settlements can also be necessary financial activities rendered from commercial payments, payments for the services rendered, payments between governments, and the transfer of funds among countries.1.1 Definition International payments and settlements are financial act
3、ivities conducted among different countries in which either payments are effected or funds are transferred from one country to another for the purpose of settling accounts, debts, claims, etc.1.2 Types of International Settlement Usually international settlement is divided into three broad categorie
4、s: remittance, collection and letter of credit. Negotiable instruments, however, ways of international settlement and documents used in the international settlement sometimes constitute the framework of international settlement. For example, the following payment terms can be read in the sales contr
5、acts. (1)The supplier agrees that the buyer will effect payments under the term of T/T against receipt of B/L by fax.(2) Hong Kong suppliers agree that the buyer will effect payments under the term of CAD(Cash against Documents).(3) Only in case of new suppliers and first order to them, the buyer mi
6、ght agree to effect payments under L/C termsThe L/C charges on the buyers side will be born by the buyer and the L/C charges on suppliers side will be born by the supplier. The Bill of Lading is made out to order and notify the buyer.(4) In case that the supplier still insist on L/C terms even after
7、 the first order, the supplier agree to take over all L/C charges on him as well as the buyers side. In those cases we request a Bill of Lading. 1.3History and Development of International SettlementTracing back the history of international settlement, the medium of exchange originated from coins. L
8、ater on, commercial drafts and other credit instruments emerged and became popular to meet the needs of the constantly increasing business activities in both geographical regions and volume of the international trade.Depending on the creditability of financial institutions, both buyers and sellers a
9、re usually willing to complete their settlement through banks respectively, and a financial arrangement could be reached then. Therefore, many banks have focused on their business of international settlement and trade finance.Most of the international payments originate from transactions in the worl
10、d trade. With the enormous amount of international trade activities, the volume of the international settlement has reached trillions of US dollars nowadays. Banks; as a result, are focusing more and more on the development of the business because it is a major resource of profit.1.4 International C
11、ustoms and PracticesThe International Chamber of Commerce is the world business organization. It is the only representative body that speaks with authority on behalf of enterprises from all services in every part of the world.(1)International Practices concerning Bills: Bill of Exchange Act, 1882, J
12、eva Uniform Bill Act.(2) International Practices concerning Settlement:(Uniform Rules for Collection, ICC Publication No: 522), Uniform Customs and Practice for Commercial Documentary Credits,1993 Revision, ICC Publication No. 500). (3) International Practices concerning Documents: Hague Rules, Hamb
13、urg Rules, International Convention Concerning the Transport of Goods by Rail, Agreement on International Rail-Road through Transport of Goods, Uniform Rules for a Combined Transport Documents, Institute Cargo Clauses, ICC, International Rules for Interpretation of Trade Terms, Incoterms2000 and UNC
14、ITRAL Arbitration Rule.Instruments2.1General IntroductionBills of Exchange, cheques, and promissory notes are all known as negotiable instruments. It is a fundamental principle of property law that we cannot obtain a better title than that possessed by the person from whom we received it. There is a
15、lways the risk that that person has no title to the property because he has stolen it or obtained it from some other person who got improperly. The true owner, on discovering the property and proving his right to it, can demand the property be restored to him. Our remedy is to look for the person fr
16、om which we received the property and try to get our money back. That person will in turn claim from his immediate transferor, this tracing right goes on up to the unfortunate one who bought the property from the thief.2.2 Bills of ExchangeA Bill of Exchange (draft) is a commercial instrument. It is an unconditional order in writing, addressed by one person to another,signed by the p
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