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SMICE BULLETIN BOARD 

From May 6, 2020


As we return  to normal operations while  SARS COVID 19 restriction are lifted, worthy questions asked by PCT’s, updates to doctrine  news  and personal opinions of SMICE  will be advised below in short form in a manner only understood  by those who have purchased the FTNX doctrine of trade 2015 onwards. 


INSPECTION AT PORT OF LOADING

MAY 7, 2020

May be applied by the agent  of the supplier or end buyer  at port of loading but not the end buyer personally while actual loading takes place and is completed; is a strict rule that must not be broken. PSI (In personam type)  is paid for this reason whether its secure  at port of loading or from place of production/mine. 


FACE MASK DEMANDS  

MAY 8, 2020

Many ‘cowboy’ suppliers of ‘face masks’ are asking for upfront deposit as high as 50%. Many are also  promising very fast delivery by air cargo. Such request for upfront cash payment MUST not be entertained. Either a supplier is ‘export’ ready  with ‘In Rem ISO’  certification in hand or they are not. If they cannot accept a UCP endorsed DLC. No deal! 


BUSINESS  WITH CHINA 

MAY 8, 2020

 Despite rumours and inappropriate remark made by some  countries,  trade with China continues to apply with FTNX and PCT’s ‘without prejudice.’ COVID 19  was an accident; to say anything else ‘just to sell papers’ is both reckless and  foolish. China is very capable to address health issues within Wuhan, which I’m  sure they will, just like USA did when San Fransisco introduced the much feared  HIV to the world, or  when Africa did the same when Ebola was discovered etc.etc. It happened–this time in China; let China fix the problem and lets get on with business. Information must be shared and inquiry should be allowed, to appease the world that China is on top of the situation; albeit such an inquiry will not produce any benefit  as it applies to easing  the matters of the pandemic. If China want to act aggressively for other reasons, then its China who has the most to lose.FTNX will trade with China ‘on our just terms’ on the premise that ‘business is business.’ China’s ‘trust bank’ is at a long time low at their own doing, as  such  strict bonded  procedures will apply or no business would be possible. 


DELAY PORT OF LOADING 

MAY 8, 2020

Up to 3 months delivery delay at some  busy ports may be evident, accordingly offering  a LDD rather than a P.G may be a more friendlier and sound  approach when sourcing supply. 


NO CRUDE  OIL DEALS  

MAY 8, 2020

Forget about crude oil supply for the moment, unless you have secure storage facilities,  as  over 12 KSA ships full of crude oil sit idle at USA ports and tanks at Cushing USA are full to the brim. Refined  fuels like ULSD is the best product to trade in at this time.


IRON ORE 

MAY 9, 2020

Iron ore  followed by coal will continue to prevail as a top exportable product to source in 2020. As for ‘climate change’  I’m sure the rhetoric will commence once COVID 19 issues subsides.


SANCTIONS 

MAY 9, 2020

If a PCT is located in a country holding sanctions with USA, then western banking access will not be possible - but  applying FTNX procedures  MUST still apply if the trade is conducted with a country not holding sanctions with i.e: Russia as Russian banks accept UCP endorsed DLC’s. 


BREACH OF CONTRACT AGAIN!

MAY 13, 2020

China has suspended beef imports  from Australia citing certification issues ( excuses). Four abattoirs all geared  up for exports will need to soon close if they issue is not resolved quickly.  Year of profits and infrastructure development  wiped off with one single  unwarranted action. Why ? Politics? May-be ! Improper or unacceptable trade procedures? For sure! This is  what happens when an exporter pander to the needs of the importer  so as to ‘close a deal’ in a manner beyond what is normally  deemed as acceptable; with  many concessions served. We see it all the time. In essence, no matter the deal or country,  no short cuts, no delivery at DAP, application  of strict proper procedures, without government involvement in such deals–is always the best basis. The use of safe ICC UCP 600 endorsed DLC  to pay for goods must always be apparent; has become an unconditional matter. China’s arrogance will come back to bite them another day, for today however it’s the exporter  doing impractical business with China, are then entities who are going to suffer form such ‘excuses.’ Placing all eggs in one basket is always a precarious situation. Serving smaller  new markets in other countries  has much more value than serving one large market. The chances of a  ‘total crash’  are much more remote. China will breach a contract on a whim is another issue; which could take year and billions  of diallers to settle.( if ever?) 


ALL BELLIGERENT BUYERS MUST PAY BY DLC AND PG 

MAY 13, 2020

FTNX will seek from  belligerent  buyers from any country, a DLC for payment of goods and up to  10.0% P.G deposit  for  “intentionally breaking a contract without a legitimate reason” is the new norm in 2020. I strongly suggest other  countries  vary their contract conditions accordingly. A DLC from a Chinese bank in China cannot be accepted without  the DLC being confirmed form another bank  ‘not in China.’ For now a confirmed DLC out of Hong Kong  is still acceptable, as situation which may change with little notice. Update July 4, 2020. DLC out of Hong Kong must now also be issued as confirmed, as China new security laws are in effect as China moves to control the whole region. Doing business in China has become a precarious affair; a country who has failed to honour their agreements with England and Hong Kong will not honour a trade contract, incoterms or UCP rules– may also be assumed. A Buyers Performance Guarantee may also be invoked when doing with China.    


FINAL TRUMPET BLOWING FOR TRUMP 

MAY 17, 2020

Trump announces that the USA will have a cure for COVID-19 by years end. If he fails, America will look incompetent to the rest of the world. USA will be deemed to be nothing more than, ‘a circus run by clowns.’ If he succeeds, then the status of USA as the most powerful country in the world would be upheld.  Trump  is playing the Machiavellian card. An untruth can  be readily forgiven by the people; if  he wins; and condemned accordingly if he fails  to find  a cure. 


FIRST DELIVERY DELAYS 

MAY 17, 2020

It would be  prudent that the  first delivery  shipment of any contracted business have some added tolerance factors  to allow the supplier and end buyer  to ‘fix the routine’ found in the contract.  The first delivery shipment should have a  higher discount applied to the goods, that was offered in the rest of the contract, and that the buyer must not collect on the suppliers P.G on first shipment delivery for any delays therein.  Currently some port have  berthing delays of up to 4 months.  First delivery is given a special status  pertaining to ‘establishment the first delivery routine’ would save a lot of issues and angst between the transacting parties. Once all the issues  of first delivery are ironed out, the expectations thereafter follow contacting terms and conditions.


TRANSFER FEE  DLC

MAY 17, 2020

Supplier may be asked by the FTNX (PCT) to pay for the transfer fee, when a PCT is ready to transfer the letter of credit into its accounts. This aspect serves a specific puropose. It allows the supplier  to  claim the DLC immediately and verifies that the DLC has gone to the named supplier  and account  applied on contract. These are security feature that a PCT can readily apply at its discretion.  The End buyer will be asked to pay for the transfer fee is the normal expectation , when the end buyer has received an excellent below market price basis for goods ordered. When there is very little incentive ( margin) for the end buyer ( price is high), this is when the supplier may be asked  to pay for the transfer fee instead, which is an allowable and acceptable aspect. A PCT must stipulate this aspect on its offer to procure, if the intention is for the supplier to pay for the TF. Under UCP banking  rules ‘the beneficiary’ to the UCP DLC  is the supplier, not the PCT to which the rules states that the ‘beneficiary’ shall pay for the TF ‘unless otherwise agreed upon.’ The differing perspective comes from the correct status  of the PCT  who is the ‘buyer’ to the supplier  and therefore not the ‘producer’ of the goods being sold to its end buyer. Since the PCT must negotiate and secure the offer from the supplier as buyer, it is at this time that the PCT can readily assess who should pay the TF, based on the buy price. In the majority of cases (90%+)  a good price for goods is secured, and thus   the standard application does not justify the added expenses of suggesting that the supplier also pay for the TF. The PCT must never pay for the TF from its own pocket.


THE END BUYER AND PRE-ADVISED DLC

MAY 17, 2020

FTNX will accept  a pre-advised  DLC in most cases (Quid Pro Quo) if the bank of the end buyer is prepared  issue such a financial instrument. It is the duty for the end buyer to first and out if a PAIDLC can be issued by their bank. To sign a contract only to find that the bank will not issues a PAIDLC  is a breach of contract,  if a normal IDLC is not advised instead. FTNX has terminated contract is the past  due to this aspect, at cost to the end buyer (compensation). The end buyer serves a PAIDLC; FTNX surrenders its PPIC (evidence of supply)  in return  which  removes the PA status and converts the instrument into an active  credit. A PA DLC is ‘irrevocable’ just like a normal DLC  and cannot be cancelled once the PPIC is served-as some end  buyer have tried to do. An end buyer with good credit history with its bank is the type of entity who is able to opens a PAIDLC. Under UCP rules , a UCP adhering bank has the option to issue or not issue a PA-IDLC.


SUPPLIER MUST MAKE AN OFFER

MAY 18, 2020

 We have seen some very poor document in our time; especially offers. There is NO contract without an offer, this means even if a contract is signed  without an offer the contract is invalid. Six elements are needed to form contract. The 6 elements are as follows;  (a) Intention, (b) Offer (c) Valuable consideration (d) Legal capacity (e) Genuine consent  and (f) Legality ( objects agree upon). In (f) other tests must  also be satisfied as to the ability or capacity to  enter into and sign a contract,  in where corporation rules via its MOU,  international or even domestic  laws could play a role in disallowing certain people from entering into contract; i.e:  Aliens, infants,  corporation, lunatics, a drunken person, married women, bankrupted, Parolee, criminals, and Convicts. A PCT must observe these elements and aspects before considering  entering two a commodity transaction as a ‘Buyer/Seller.’


MAIL ORDER

MAY 18, 2020

We have noticed some PCT applying a ‘mail order ‘ business on the side. Mail order business was big business long before the internet, which means anyone can apply such business with no training. A Person makes a claim that they have a product to sell locally, when in fact all they are doing is processing the delivery of ordered  goods directly from the  manufacturer  in another country based on the issuance of a pro forma invoice.  Instead of receiving the goods in ‘5 days’ as claimed, the customer receives the goods 4 or 5 weeks later, in where the supplier is simply filling up  FCL ( defined as a HCL) with many smaller orders. False description of goods and excessive delivery time  way ‘beyond the scope’ are genuine grounds for a refund.


NEW IMPORT RULES CHINA

MAY 22, 2020 

“THE BUYER MAY NOW ASK CUSTOMS TO INSPECT GOODS”  means, “ The Chinese importers will have no choice ‘but to ask customs’ to intentionally inspect good and look for ‘added issues.’

It’s a new internal Chinese ‘pop up’ rule coming into effect from June 1, 2020 made to ensure that, ‘certain suppliers’  have goods intentionally delayed for weeks or months, before clearing customs in China which has nothing do with  PSI inspection of goods, signed contract nor ‘delivery.’ A concerned importer could have asked inspection services in country of loading to do added analysis of  goods for certain i.e;  toxins or undesirables content; but this is not what is being sought. Customs do not offer analytical services, because they are not ‘experts’  in such matters. Hence China is simply being arrogant and belligerent towards some countries by creating such a new rule (the first of many) Solution? When selling goods into China  ensure only FOB or FCA Incoterms is offered. To offer CIF and especially DAP incoterms to Chinese importers is considered a precarious offer.  If they are going to intentionally delay aspects unloading, then they  will be applying such delays for their own orders. China has lost trust of the economic community.  It’s time to move away from selling large revolving shipments of goods to China and  commence trading in smaller lots of much wanted products to other countries and continents like Africa and the EC. Changing the sourcing aspect to  least 10 FCL’s minimum  or 12,500 MT single shipments  is now considered a viable option-even for FTNX, in where a PCT should only offer large revolving deal as they becomes evident, is the new norm. It will make PCT  more busier over the longer term, than simply wasting a whole lot energy on revolving deals,  on country who has now increasingly  turned belligerent. Single  FCL should be avoided. A new extended FOB contract model  exclusively made for , when dealing with Chinese buyers  and sellers will soon be available via SMICE.  Normal contracting modes applies otherwise for all other countries is now accepted practice for all PCT’s.


AUSTRALIA IN FRONT

JUNE 23, 2020

Australia retains its AAA credit rating  during this SARS Cov 2 Pandemic and is only 1 of ten countries in the worlds to do so. This  aspect indirectly also reinforces the continuing aspect  that Australian banks are amongst the top  100 safe  banks of the world  when it comes  enacting on matters of finical instruments.


CORONAVIRUS 

JUNE 22, 2020

 Perhaps its time Governments  told its people the true nature of the COVID 19 virus and why its important to follow safe guidelines. The pathogen is actually SARS Cov 2 which is  around Ten times more deadlier than the common flu. What else people should be aware of, is that for all our advancements in medicine, while many ‘treatments’ are available only a few cure for a virus  outright has ever been  created, taking decades to administer - and that was for  small pox and Hep C. In fact medical experts can offer no answer nor remedy for this virus is also the truth. There will  no vaccination for SARS anytime in the near future. Only a false prophet  would assure its citizens  otherwise. The virus is very small and very simple in design.   It can  subsist  in a whole host of situation  including oceans (except;  for the ‘Dead Sea’ where salt content of the water at 35% kills all viruses and bacteria). It may be that a simple  solution  is needed to combat a simple bug. Looking in the ‘shallows’ can also be productive sometimes.  Since the ‘experts’ can’t help perhaps opinion and ideas from the public may. My two cents worth  are as follows of which I am practising.  Salt may be an answer in controlling  this virus. Copper bracelets of another era for the treatment or Arthritis; door nobs/handles  and copper bench top at the checkout, in retail areas may be other concept also worth testing, as ‘easy to get’  Copper sheets  is a metal that naturally kills viruses. Salt  laden face masks  may also  be a good idea.  As for trade; business has slowed down since early 2020 , but exports must still continue. The work/deals  are still out there, the efforts needs to secure such is now greater. Smaller revolving period and  smaller  NBC/FCL single shipment  of goods is the current trading aspect. PCT ’s now need to  ensure genuine delivery times are stated  as delays of  up to 4 months  on physical deliveries are becoming  common.


BRAZIL TRADE

JULY 1, 2020

In the last few months  a huge increase in exports from Brazil has been recorded  with 37% of all agricultural products from Brazil being sold to China. This in itself now suggests that the world is heading  into precarious ‘supply’ waters once more. We have a pandemic ; what’s next ?  I think the world will face famine of global proportions in the near future if the we all fail to ‘unite’ when facing an aggressive  foe growing increasingly belligerent.  When one country alone  depends on such a high amount of food imports  in where is shuns traditional suppliers like  USA and Australia as some kind of political retaliation, then traditional markets unable to sell  its agricultural goods overseas, will cease producing such goods. When a major exporter like Brazil records sustained crop failures; a perfect storm eventuates, suddenly and quickly. “After the plague and famine  comes ‘fire’ from the sky. It has  happened before, it will happen again.” India  needs to bolster its ties with Australia and New Zealand to ensure production levels in Australia for agricultural/farmed products  are maintained and guarantee itself a readily available  future supply of grains and pulses, as countries move away from a ‘China’ that is quickly becoming  estranged with the rest of the world. The world has much more real events to worry about  now than the much lauded future pertaining to climate change and emission. Australia should also get rid of sanctions especially those applied to Russia and allow grievances to be served by a universal forum applying a set of  laws agreed upon by members, and an adjudication process to settle differences quickly and swiftly based on a very simply assumptions arrived at applying the principles of  ‘right and wrong.’ The first act to stabilise the world immediately is to GROT (Get Rid of Trump.) The second immediate concern  is to work out way  to effectively  live with SARS Cov II. To try and defeat what which  has survived through history and is deemed  indestructible is a wasted effort. We cannot always  arrive at the crumbling edges of a precipice, only to pull back from the brink of collapse.



 
 
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