生 铁 出 口 计 划 书

作者:任文超

业务概述

    生铁是钢铁工业的主要原料,中国作为钢铁生产大国,也是钢铁原料的主要供应国。利用我方稳定的外贸出口渠道,结合可靠的供货资源,实现年出口10-20万吨生铁,贸易额达到USD1000-2000万元的目标。

技术描述

    利用买方用户提供的融资条件,即红色条款预付款信用证,在完善工厂担保及银行保函的前提下,获得出口融资款,从而为出口的顺利的进行铺平道路。

程序

    由买方开出红色条款信用证(按每批USD300-500万计),预付款比例80-90%。受益人在接到信用证后,从议付行开与预付款金额相等的银行保函(保函格式附后)。开证行收到银行保函后,议付行即可支取预付款给受益人办理购货,发运等手续。信用证可提前90-180天开出。计划到明年年底前完成10-15万吨生铁出口,总计出口金额约USD1500万左右。

工厂

华信钢铁有限公司、山东临沂钢铁厂、海南昌江鑫达钢铁厂、张家口市沙城铁厂沙华钢铁有限公司、天津市永通钢铁有限责任公司、山西万山钢铁有限公司等。

保证条件

    利用外贸已建立的稳定出口渠道,以及与国内工厂形成的默契配合关系。目前主要国外客户有韩国浦项、瑞士柏瑞钢铁公司、日本三井、香港来宝资源有限公司等,其商誉均为世界一流;国内工厂出口的产品质量已在这些客户中赢得了很高的声誉,工厂的生产能力均处在10-25万吨的中等规模。
    通过红条款信用证,取得出口融资,稳定工厂的流动资金来源,利用稳定的订单系统,相信在把握好市场价格的情况下,我们的运作一定会取得良好的收益。

上海国际金融研究所



任文超(琪三)
二OO二年一月二十二日

附:红条款信用证项下银行保函格式

红条款信用证项下银行保函格式

To: ... (Bank)

Dear Sir,

With reference to the contract No. ... signed on .... (hereinafter referred to as the "Contract") between ....(hereinafter referred to as Buyer) and ...(hereinafter referred to as Supplier) under which you, ....(bank) shall on behalf of Buyer effect an advance payment of ....(amount) (hereinafter referred to as "Advance Payment") to the supplier in part payment for the total delivery to Buyer on FOB basis by the supplier of ...(quantity) of metallurgical pig iron (hereinafter referred to as "Pig iron") as per the following schedule with such quality and specifications as described in the annex attached hereto:

1. Schedule
(1) .... Metric ton (+/-10%) on or before ....
(2) .... Metric ton (+/-10%) on or before....
....
The dates in the above schedule shall be defined as delivery dates.

2. We ....(bank) at the request of the supplier hereby unconditionally and irrevocably undertake to pay you on first demand irrespective of the validity and the effects of the contract in the event of
(1)Non-delivery (as defined in the annex attached hereto) the following amounts(hereinafter referred to as the "monthly sum"):
a. up to ... per month on or before ...
b. up to ... per month on or before ...
...
or
(2) A shortfall when the value of the Pig iron (as described in the annex attached hereto) deliverred monthly as per the above schedule is not up to the monthly sum, you may claim on us under this guarantee the difference to cover the shortfall.

3. Any claim made under this guarantee must be present to ...(bank) at ... against a presentation of your written statement in tested telex form or authenticated swift certifying the sum demaned is properly due by the supplier by reason of non-delivery and/or short delivery of the Pig iron to Buyer as per the above schedule under the Contract and stipulating specific details of the non-delivery.

4. Our liability under this guarantee will be limited to ...(amount) in aggregate and will be limited to the respective monthly sum as to the claims for each schedule month. Regardless, whether this guarantee is returned to us or not the liability under this guarantee will be reduced by 
(1) Any payment effected under this guarantee, and/or
(2) Your tested telex confirming receipt from us of full set of original bill(s) of lading by respect of the Pig iron. In which case, our liability will be reduced as per manner below:
a. up to ... per month after ...
b. up to ... per month after ...
...
5. Your rights and benefits (including your right to claim) under this guarantee is not assignable except with our consent and written notice of such assignment to us.

6. This guarantee shall come into force upon
(1) Our tested confirmation that the supplier has received the advance payment form you within ... working days from the issuance date of this bank guarantee and
(2) Your tested confirmation that the rights and obligations as stipulated in paragraph 4.5 and 6 under this guarantee are binding on your good selves and the bank guarantee will become automatically null and void after ...(hereinafter referred as to the "Expiry date") in China.

7.We undertake to effect payment of any claim made under this guarantee by T/T reimbursement to you value within 3 days upon receipt by us of your tested telex or authenticated swift confirming their receipt of the compliant documents and that the originals of these documents have been forwarded to us.

8. This guarantee shall be covered by and construed in accordance with the laws of ... currently in force.

9.Any dispute arising our of this guarantee or a breach shall be submitted to and finally settled by Arbitration Conducted in Beijng by the China Internatoinal Economic & Trade Arbitration Commission (hereinafter referred to as "CIETAC") in accordance with the arbitration rules of CIETAC for the time being in force. And award or determination of the arbitration shall be final non-appealable and conclusive upon the parties. The cost of the arbitration shall be borne by the losing party unless otherwise determined by the arbitration award.

10.This guarantee is subject to the uniform rules for demand guarantee of the international chamber of commerce (Publication No.458) save for article 30 of the same.

Annex
1.The Pig Iron
The word Pig iron when used in the contract as well as in this guarantee means the pig iron produced by ... in China of the following quality and specifications.
...
2.Non-delivery
Under this guarantee non-delivery means the failure of the supplier to delivery the requested quantity of the pig iron or any part thereof as per schedule hereof.
It shall be conclusively deemed that an event of non-delivery has occurred if full set of the original bill(s) of lading in respect of the relevant monthly delivery of pig iron is not received by you on or before the 10th day after the scheduled delivery deadline defined under this guarantee.
3.Delivery Deadline
Under this guarantee delivery deadline means the 15th day of the calendar under month for the respective monthly delivery of the pig iron and the additional pig iron as per the schedule hereof.