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Oil Companies Look to Join Climate Debate

May 28, 2015 Guest Author

After years of resistance, oil executives are raising global-warming issue ahead of summit

By BILL SPINDLE and FRANCIS X. ROCCA, of the Wall Street Journal.

Oil companies are ratcheting up their involvement in the debate over climate change as governments, activists, churches and some big investors gear up for a global summit on the issue at the end of the year in Paris.

The stated goal of the summit is to keep manmade warming limited to two degrees Celsius above preindustrial levels, but governments remain far apart on how to achieve it.

Meeting such a goal will require far-reaching changes in energy-consumption patterns and likely efforts to put a cost on carbon use, many experts say. Activists have long focused much of their effort on trying to rein in the use of resource companies’ bread and butter: carbon-emitting fossil fuels.

RELATED Interview -- Mining Interest on C&C

Pope Francis is planning to weigh in on the environment in an encyclical—a letter intended to develop and explain Catholic teaching—due within the next few weeks, which has made Rome one of the focal points in the global-warming debate. Exxon Mobil Corp.recently dispatched one of its senior lobbyists and a planning executive to Rome in an attempt to brief the Vatican on its outlook for energy markets.

For years, shareholder activists have urged resource companies to curb emissions. More recently, some big investors are taking global warming into consideration in their portfolio building. The Church of England and Norway’s sovereign-wealth fund, one of the world’s biggest institutional investors, have sold off shares in pure-play coal companies.

‘We have to stop being defensive.’

—Total CEO Patrick Pouyanné

At the same time, some of the resource companies’ own shareholders are pushing them to scale back their dependence on carbon-based fuels, worried about the future financial impact of heightened global-warming regulation. Oil, mining and coal companies also are anticipating rules to limit emissions that would make oil and natural gas more costly, potentially reducing demand for the fuels.

This has led to a change in behavior. Where in the past executives could be dismissive of the climate-change debate or leap to defend their companies, industry officials are now raising the issue themselves and proposing remedies such as the imposition of a carbon tax.

“We have to stop being defensive,” Total SA Chief Executive Patrick Pouyanné told a major industry conference in Houston last month. “In the end, it won’t be solved by diplomacy only, but by private players, economic players like us.”

Total, Saudi Aramco, Eni SpA, BG PLC, Royal Dutch Shell PLC and others have formed an industry group specifically to add their collective voice to the climate debate, and they are trying to bring other leading international oil-and-gas companies into the group.

“Business is engaged in a way I’ve never seen before,” said Rachel Kyte, head of the climate-change division of the World Bank.

Similarly, the mining industry’s “approach to sustainable development has evolved,” said Gary Goldberg, chief executive of Newmont Mining Corp., one of the world’s biggest gold-mining companies. “It still needs to be addressed globally, and you still need to come up with a global solution.”

In February, Shell Chief Executive Ben van Beurden told a group of executives decked out in tuxedos and formal gowns at an oil-and-gas conference in London that they could no longer keep a “low profile on the issue” of climate change ahead of United Nations-sponsored talks in Paris this year that could result in new global carbon-emissions limits.

“We have to make sure that our voice is heard by members of government, by civil society and the general public,” he said.

The Vatican is another important constituency. In an unusually explicit mix of the political and pastoral, Pope Francis has said he wants his encyclical about the environment to come out before the Paris climate meeting, so that it can “make a contribution” to deliberations there.

“The minute the word got out that the pope was working on this, we had a lot of people contributing,” said Cardinal Peter Turkson of Ghana, who heads the Vatican office in charge of drafting the encyclical. “We listened to everybody who had something to say: physicians, academicians, students; people in all walks of life, including people from the oil industry.”

The Exxon briefing took place over a small private lunch at the home of a U.S. diplomat in the U.S. Embassy to the Holy See. A second Exxon lobbyist who is based in Italy attended the meeting, Exxon said.

The meeting also was attended by Curtis McKenzie, a Canadian national with experience in finance and the oil-and-gas industry. Mr. McKenzie has had several duties in Cardinal Turkson’s office, including administrative and research tasks and media relations, all on a voluntary basis. Such arrangements happen occasionally in Vatican offices, some of which serve much like mini-think tanks.

Vatican officials weren’t present, Mr. McKenzie said. He said he isn’t directly involved in work related to the encyclical. A lay member of the Franciscan religious order and a university professor also attended the meeting, but neither has connections to the Vatican, he said.

The encyclical pointedly wasn’t discussed at the meeting, Exxon and Mr. McKenzie said. The Exxon planning official gave a 16-slide PowerPoint presentation covering the company’s broad outlook for the global industry and energy use—a talk Exxon spokesman Alan Jeffers said its executives have delivered hundreds of times this year, including to another group of legislators and government officials, on the same trip to Rome.

Exxon said that interacting with the Vatican isn’t unusual for the company. “Exxon Mobil has a long-standing relationship with the Vatican and our people have had numerous interactions with Vatican officials over the years,” Mr. Jeffers said in an emailed comment.

Exxon and others are increasingly engaged with shareholders voicing concerns about the impact of carbon regulations on the value of their assets. Their argument: If governments rein in carbon emissions, companies may not be able to extract all the oil or metal they claim as reserves.

In response, Exxon published two reports a year ago arguing that governments are unlikely to impose restrictions that will slow economic growth. That virtually assures that fossil fuels will remain valuable, Exxon says.

Rex Tillerson, Exxon’s chairman and chief executive, told thousands of executives and industry officials at a recent industry conference that “everyone agrees” that even three decades from now about 80% of the world’s energy supply will come from fossil fuels.

“We think we’re in a business the world needs,” he said. “What we have to do is deliver in a way that is acceptable to the public.”

—Daniel Gilbert and John W. Miller contributed to this article.

Write to Bill Spindle at [email protected]

In Blogs, Business, Energy, Mining, Oil & Energy, World Tags Alan Jeffers, Ben van Beurden, carbon emissions, Curtis McKenzie, Exxon, Gas, Oil, Oil and Gas, Pope Francis, Rex tillerson, Vatican
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Revolving Letter Of Credit: Ladies Italian Unfashionable Dresses

May 27, 2015 Roy Becker

Revolving Letters Of Credit, Tenor, Draft, Discount Charges, Applicant, Bankers’ Acceptance, Self-Liquidating

REVOLVING LETTER OF CREDIT

An importer requested a bank to issue a letter of credit for ladies fashion dresses from Italy. When the importer completed the application for the letter of credit, he indicated the tenor of the drafts at 180 days sight with discount charges for the applicant. Additionally, the letter of credit was issued as a revolving letter of credit with the balance reinstated on the first day of each month until the letter of credit expired six months later. This allowed the beneficiary to make shipments each month equal to the amount of the letter of credit.

BANKERS' ACCEPTANCES INCREASED THE RISK

This arrangement permitted the bank to make payment to the supplier in Italy upon receipt of the required shipping documents. The bank would then delay payment to the buyer for 180 days and the buyer agreed to pay for the cost of interest during the 180 days period. Initially, everything went as planned. The bank received documents and found them in compliance with the terms of letter of credit. They remitted the payment to Italy, created a “Banker's Acceptance” for 180 days, and charged the cost of financing to the buyer. The bank released the documents so the buyer could clear the goods through customs, sell the dresses and collect the money before the due date of the draft.

WHERE IS THE PAYMENT?

The bank waited for the clock to wind down to the payment date, 180 days later. And wait they did. On the 180th day, when the bank requested payment from the buyer, they learned the buyer could not pay. The buyer informed the bank that he was preparing to file for bankruptcy and the unsold dresses were in a warehouse. Since the bank had a lien on the assets of the company, the bank’s lending officer began arrangements to seize them. Unfortunately, the only assets available were the ladies fashion dresses, now 180 days old and no longer in season. The bank’s loss increased exponentially because by the time they realized they had a problem with the shipment made in the first month, they had already obligated themselves for shipments made the subsequent five months.

HOW REAL IS "SELF-LIQUIDATING?"

The bank ultimately sold the dresses. The recovery of funds amounted to less than 50% of the bank’s loan and they took a loss for the balance of the unpaid loan. While letters of credit seem self-liquidating and self-securing because of the underlying transactions, banks need to cautiously ascertain the value of goods and determine if they can be readily liquidated, or face the resulting consequences as illustrated in this lesson. Once it becomes known that a bank has distressed merchandise, the value of the merchandise drops significantly. Bankers, who do not have expertise in selling merchandise, eagerly find a buyer as quickly as possible even if it results in a loss. This lesson illustrates why banks should be very cautious when issuing letters of credit; It carries the same risk as when a customer applies for a loan. Usually banks prefer not to rely on the underlying transaction as collateral. They typically will want some other collateral as well and often will require the applicant to secure the letter of credit with cash in an account at the bank.

In Blogs, Business, Featured Stories, World Tags application for the letter of credit, bankers acceptances, compliance with the terms of letter of credit, importer, Letter of credit, revolving letter of credit, Roy Becker, self liquidating, transaction as collateral
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Nevada to Have First Autonomous Trucks in America

May 10, 2015 Keenan Brugh

Daimler Trucks North America is the first to get approval for self-driving commercial vehicles in the United States. The Freightliner Inspiration Truck, and other trucks like it, could have massive implications for the future of transportation. The Inspiration truck features a system called Highway Pilot, which uses stereoscopic cameras and radar sensors to give it an autonomous autopilot mode when cruising on the highway. The truck can steer to stay between lane markers and adjust its speed and braking to maintain a safe following distance behind other cars on the road all while the driver is free to do other things.inspiration_post

It’s considered a “level 3” autonomous vehicle, meaning it enables hands-off highway driving under certain circumstances, but requires a driver to be present, ready to take the helm in an emergency or to pass other vehicles in the truck’s path. The driver is likewise required to assume control of the vehicle when exiting the highway, driving over local roads and pulling up to the loading dock for making or taking deliveries.

For the record, a “level 4″ vehicle would be able to perform all driving functions and monitor roadway conditions for an entire trip, truly freeing up the valuable resource of human time.

Daimler executives are being careful to allay fears of human employment disruption. “We don’t want to get rid of drivers,” says Sven Ennerst, head of Daimler Trucks’ development department. Daimler continues by repeatedly saying the technology won’t can’t change lanes on its own, it won’t be market-ready for a decade, and could never fully replace human drivers.

The reality remains that that it is a big step towards addressing a massive market need: safe and reliable transportation.

Some large freight carriers have already started incorporating innovative new safety features like blind spot monitoring, adaptive cruise control, and lane departure warnings. The economic case for these technologies is clear.

“Commercial vehicles are a safety issue,” says Xavier Mosquet, head of Boston Consulting Group’s North America automotive division. “And therefore anything that can get commercial vehicles out of trouble has a lot of value.”

With America's driver shortage continuing to worsen, good truck drivers cost more these days. Costs are also rising for companies that cut corners and hire unsafe drivers. Liability in a commercial truck accident is increasingly falling on the shipper.

 

HWP - Highway PilotWorld Premiere Freightliner Inspiration Truck

In order to get the autonomous vehicle license plate from the state of Nevada, Daimler needed to prove the system could safely cover 10,000 miles on its own. This was done on test tracks in Germany and on quiet roads in Nevada.

Daimler ran a small study (16 drivers on a test track) to see how this autonomous system affects drivers. EEG readings showed they were 25 percent less tired than they were when they had to steer themselves.

Customers are very much interested in this system, according to Daimler. That’s no surprise: Making driving a job for the computer can reduce accidents, improve fuel efficiency, and maybe keep trucks on the road for longer, says Noël Perry, an economist who specializes in transportation and logistics. “They all love this.”

Additional Reading:

http://www.newscientist.com/article/dn27485-autonomous-truck-cleared-to-drive-on-us-roads-for-the-first-time.html#.VVDGtNNVhBd

http://www.wired.com/2015/05/daimler-built-worlds-first-self-driving-semi/

In Automotive, Blogs, Business, Featured Stories, Industry, Innovation, Region, Science & Technology, State, World Tags autonomous vehicles, driver shortage, Self-driving, trucking
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Business Roundtable Hails Introduction of Bipartisan Trade Promotion Authority Bill

April 17, 2015 James Wilson

America’s Business Leaders Urge Swift Congressional Approval of TPA Legislation to Advance U.S. Trade Agreements

Washington – Business Roundtable, representing CEOs of U.S. companies from every sector of the economy, today commended Senators Orrin Hatch (R-UT) and Ron Wyden (D-OR) and Representative Paul Ryan (R-WI) for their introduction of a bipartisan bill to update and renew Trade Promotion Authority (TPA). Approval of legislation to modernize TPA is a top priority for Business Roundtable.

“The United States is currently pursuing one of the most robust and diverse trade agendas in many years, so we urge Congress and the President to work together to enact TPA legislation as soon as possible,” said Tom Linebarger, Chairman and Chief Executive Officer, Cummins Inc., and Chair, Business Roundtable International Engagement Committee.

“Trade Promotion Authority strengthens the hands of U.S. negotiators and will help ensure the best possible outcome in the Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership, Trade in Services Agreement and future trade deals. These trade agreements provide enormous benefits to the United States by increasing the number of consumers for the products made in our country.”

Updating the 2002 TPA law also provides an important opportunity for Congress and the President to work together to shape a strategic vision and goals for U.S. trade policy.

“Creating opportunities for American companies to reach customers through 21st century trade agreements can help fuel our economy and keep the United States globally competitive,” Linebarger said. “Passing TPA as soon as possible is critical to helping create new trade and growth opportunities for the U.S. economy, supporting jobs for American workers and farmers and strengthening communities across the United States.”

As part of its TPA advocacy efforts, Business Roundtable leads theTrade Benefits America Coalition, a broad-based alliance of more than 250 business and agricultural associations and companies dedicated to the pursuit of U.S. trade agreements and passage of modernized TPA. To learn more, visit www.tradebenefitsamerica.org.

Business Roundtable released an economic growth agenda earlier this year that includes tax reform, expanded trade opportunities, immigration reform, fiscal stability and infrastructure investment. Learn more about the Business Roundtable position on Trade Promotion Authority here and our 2015 growth agenda here.

In Business, Featured Stories, World Tags BRT, business roundtable
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Income Tax Versus Consumption Tax: A Taxing Tale

April 15, 2015 Contributor

Changing the U.S. income tax system to a consumption tax system is appealing. The Senate Finance Committee is considering the consumption-tax idea. It's thought that this method of taxing would boost economic growth. Consumption tax would tax money spent instead of income earned. John D. McKinnon further explains consumption tax in his article, "Tax Proposals Would Move U.S. Closer to Global Norm." Below is that article.

As lawmakers have examined a tax overhaul, “it becomes extremely difficult to see a political path to accomplish it” within the confines of the current income-tax system, said Sen. Ben Cardin (D., Md.), co-chairman of a Finance Committee working group negotiating a possible overhaul of business taxes.

As a result, the idea of a consumption tax “is getting a great deal more respect, and it is in the discussions,” he said.

Mr. Cardin introduced legislation last year to create a type of consumption tax known as a value-added tax and at the same time lower business taxes and scrap income taxes completely for lower-income Americans.

Republicans on the working group also are interested in the concept, including a proposal put forward recently by GOP Sens. Marco Rubio of Florida and Mike Lee of Utah. That plan would make several changes to the tax code that would move the nation closer to a consumption-based system.

Many GOP members “believe that there are economic benefits to moving away from taxation of income and toward taxation of consumption,” a Senate aide said. That includes Republican John Thune of South Dakota, co-chairman of the working group along with Mr. Cardin, the aide said.

As the name implies, consumption-style taxes hit the money taxpayers spend, rather than income they receive. One prominent feature of consumption systems is that they generally tax savings and investment lightly or not at all. That, in turn, encourages more investment and innovation, and ultimately more growth, many economists contend.

The U.S. tax system already has some features of a consumption system, such as tax-advantaged retirement-savings accounts and lower rates for investment income. In general, though, the consumption-tax proposals being floated would go much further.

The plans vary widely in their details. They include European-style value-added taxes, a type of sales tax that is collected along each stage of the production process; traditional sales taxes; and taxes on carbon-based pollution.

Some of these proposals would have consumers pay another tax in addition to existing state and local sales taxes, while others would merely reshape the current system to tilt it more toward consumption.

The discussions are in early stages. The likelihood that senators will agree on a consumption tax—or any major overhaul—in current negotiations remains slim. Introducing such a different tax system also brings the fear of the unknown.

Still, the talks open up a possible new direction in slow-moving discussions about rewriting the U.S. tax system. Enactment of a broad-based federal consumption tax would align the U.S. with a global trend. In the U.S., most of those taxes now are in the form of state and local sales taxes.

Until now, efforts in Congress to revamp the tax system largely have focused on rewriting the income-tax rules. The most prominent was a plan put forward last year by then-Ways and Means Chairman Dave Camp (R., Mich.) that would have lowered rates for businesses and individuals while paring back deductions.

But that approach, some lawmakers contend, faced a basic mathematical problem, particularly on the business side: The U.S. corporate tax rate is the highest in the developed world, and lowering it substantially would require eliminating a large number of tax breaks to avoid adding to budget deficits. That could offset any economic benefit of lower rates.

Many experts believe moving to a consumption tax would ease the difficult policy task, at least on paper. While there is still lively debate about the relative merits of income and consumption taxes, some economists believe consumption taxes encourage more savings and lead to faster economic growth.

Some liberals are concerned that consumption taxes affect poor people disproportionately, while unduly benefiting the rich, unless adjustments are made. For their part, conservatives fear that some types of consumption tax—particularly value-added taxes—would make it too easy to dial up government revenue collection.

Some lawmakers also worry about the potential impact on the federal deficit, particularly if Congress relies too much on estimates of a future economic boost.

Both of the leaders of the tax-writing committees in Congress, Rep. Paul Ryan (R., Wis.) and Sen. Orrin Hatch (R., Utah), say they are intrigued by the consumption-tax approach, while acknowledging some potential drawbacks.

“There’s a lot of merit” to a consumption-tax system, said Ryan spokesman Brendan Buck. As the House Ways and Means Committee thinks long-term about a tax overhaul, the consumption-tax approach is one that will be considered, he added.

The Obama administration declined to comment. President Barack Obama’s aides have been critical of some consumption-tax proposals, particularly sales-tax ideas that they view as unfair to lower- and middle-income households.

“I would not count on consumption-tax regimes to replace the income tax, given the need for [more] revenue,” said Harry Stein of the liberal Center for American Progress.

Write to John D. McKinnon at [email protected]

In Blogs, Business, Featured Stories, Nation, World Tags business taxes, consumption tax, D-, Finance Committee, GOP Sens- Marco Rubio, income tax, legislation, Md-, Mike Lee of Utah, Mr- Cardin, Sen- Ben Cardin, senate finance committee, tax overhaul, tax proposals, U-S- lawmakers, U-S- tax, U-S- tax systems
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The Connection with Cuba (O La Conexión con Cuba)

April 9, 2015 Keenan Brugh

The United States and Cuba, long frozen in a political stalemate lasting more than half a century, could finally be turning towards a more open and collaborative relationship with each other. This is exciting news for both citizens and businesses looking to travel, exchange culture and develop trade opportunities. On December 17, 2014 both Barack Obama and Raul Castro held simultaneous press conferences announcing their intention to begin normalizing diplomatic and trade relations. Given the deep and stormy history, reconnecting with Cuba serves as an important and symbolic step for connecting with the rest of Latin America.

While discussions likely started well before December, the administrations no doubt had this week in mind when they made their original announcement.  Starting Friday, April 10th is an important meeting for the entire Western Hemisphere: the Summit of the Americas hosted in Panama City.

In preparation for this week's summit and for an upcoming business trip, the Chamber of the Americas brought in an internationally renowned expert on US-Cuba relations, Arturo Lopez-Levy. In addition to being a professor on Latin American politics and comparative politics, the Cuban-American has in fact written the book on "Raul Castro and the New Cuba". ICOSA Media and the Colorado Business Roundtable would like to thank Gil Cisneros and Laura Frigo from the Chamber of the Americas for bringing in such a high caliber expert on this timely subject.

While the luncheon was not filmed, he covers a small selection of the same perspective below in this interview following the December 17th announcements. For future events and for information regarding the upcoming trip to Cuba, please visit http://www.chamberoftheamericas.com/

You can read more about US-Cuba relations from Arturo's perspective here or by following him on twitter @turylevy

In Blogs, Business, Nation, World Tags Cuba, Diplomatic relations, international affairs, Raul, US-Cuba
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Documentary Collection: Importing Veterinary Tools From Pakistan

April 7, 2015 Roy Becker

Trade Acceptance, Bankers’ Acceptance, Draft, Collection, Letter Of Credit, Beneficiary


DOCUMENTARY COLLECTION: TRADE ACCEPTANCES

As in any business, trade buzzwords exist in the international arena and each has its own particular and sometimes peculiar meaning, such as “trade acceptances” and “bankers’ acceptances.” In keeping with the theme of this book, let’s develop some scenarios rather than furnish dry academic definitions.

EXTENDING CREDIT TERMS

An importer in the United States purchased veterinary tools from a supplier in Pakistan. He developed a high level of trust after several years of a satisfactory working relationship. As a result, the supplier extended 90 days terms to the importer.

The supplier wanted to strengthen his balance sheet to impress his banker in order to obtain financing. He requested an obligation from the buyer to provide something a little stronger than “foreign accounts receivable” on his financial records. At the time of each shipment, the supplier prepared typical shipping documents plus a draft drawn on the buyer payable in 90 days.

The supplier presented the draft with attached shipping documents to his bank on a collection basis. The supplier’s bank couriered the documents to the buyer’s bank in the United States, which then requested the buyer to acknowledge his obligation to pay in 90 days by accepting the draft. The bank stamped the face of the draft with a stamp which said, “Accepted,” and asked the buyer for a signature and date on the draft. At this point the buyer has a legal obligation to pay when it matures in 90 days.

TRADE ACCEPTANCES VS BANKERS' ACCEPTANCES

This is known as a “trade acceptance” to distinguish it from a “bankers’ acceptance,” drawn and accepted by a bank.

Bankers’ acceptances most commonly occur in letter of credit transactions. The terms of the letter of credit require the beneficiary to present a draft for acceptance and state that it is payable at some future date. When a bank accepts a draft, they obligate themselves to pay at maturity. Investors generally perceive that bankers’ acceptances carry less risk than trade acceptances. In fact, a secondary market exists for bankers’ acceptances, which allows investors to readily buy and sell them. No established secondary market exists for trade acceptances.

In Blogs, Business, Featured Stories, World Tags bankers acceptances, Documentary Collection, extending credit terms, foreign accounts receivable, international, Letter of credit, Trade aceptancesi
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Letter of Credit: History of the Red Clause

April 4, 2015 Roy Becker

Red Clause, Letter Of Credit, Beneficiary, Draft, Applicant


RED CLAUSE RESULTED IN $70,000 SAVINGS ANNUALLY

A US company importing mosaic ceramic tile sent an annual payment on January 1st to their Italian supplier for the entire year’s purchases. The supplier always performed and presented no obvious risk of nonperformance.

When the US company learned of the red clause letter of credit, they realized it could save them money. Issuing a red clause letter of credit to the supplier would enable them to borrow money from their own bank and pay interest instead of using the importer’s money interest free. After issuing a letter of credit with the red clause, they estimated that they saved $70,000 the first year.

WHY IS IT CALLED "RED CLAUSE?"

A red clause letter of credit, originally so called because of a clause printed in red ink on the face of the letter of credit, permits the beneficiary to obtain advance funds from the letter of credit with the intent to repay the funds at the time he presents documents for payment. The red clause typically restricts the advance to a certain percentage of the letter of credit, say 30%. When the beneficiary presents documents for payment, the bank uses 30% to repay the loan and the beneficiary receives the remaining 70%.

ORIGINS OF THE RED CLAUSE

Several versions of the history of the red clause letter of credit have circulated. Jim Harrington believed it began in the Philippine Islands. The Philippines established home-based businesses to produce lace tablecloths. Eager buyers filled a demand of a ready market in the United States. Buying agents would call on home-based businesses throughout the Philippine Islands agreeing with each to order a certain quantity of tablecloths.

The agents discovered they could get better prices by paying for a portion of the goods in advance because the households needed money for living expenses and also to purchase needles and thread to make the tablecloths. The red clause allowed the agent to borrow from the Philippine bank, pay the households and then store the tablecloths until he had enough to make a shipment and draw a draft against the LC. The proceeds of the draft paid off the borrowed money.

The applicant of the letter of credit should understand the risk: The beneficiary could get the advance and disappear with the money. In that case, the bank which made the advance has recourse to the applicant. As in any other transaction, a high level of trust reduces the risk.

Because of the risk, buyers rarely use red clause letters of credit. However, buyers such as the mosaic tile importer, who have to pay cash up-front, may consider the red clause letter of credit as a viable alternative.

In one of his workshops, Jim Harrington stated that he wanted to put to rest a myth. With a twinkle in his eye, he explained that the red clause has nothing to do with lobsters whose claws turn red when placed in boiling water.

In Blogs, Business, Featured Stories, World Tags Letter of credit, Roy Becker
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Letter of Credit Rules: Comparing Apples with Oranges

March 31, 2015 Roy Becker

UCP, Letter Of Credit


LETTER OF CREDIT RULES

The rules for Letters of Credit, the UCP (Uniform Customs and Practices for Documentary Credits), states, “The description of the goods, services or performance in a commercial invoice must correspond with that in the credit” (Article 18 c). Banks typically have interpreted this to mean a verbatim description, letter for letter, and punctuation for punctuation, in accordance with the letter of credit.

The UCP further provides, “In documents other than the commercial invoice, the description of the goods, services or performance, if stated, may be in general terms not conflicting with their description in the credit” (Article 14 e).

APPLES, ORANGES AND FRUIT

Note the use of the words, “not conflicting.” If a letter of credit states “Apples” as the merchandise description, then the invoice must read “Apples.” Other documents, such as the bill of lading, may state “Fruit,” and be considered acceptable because "Fruit" does not conflict with “Apples.”

A bill of lading which states, “Oranges” does conflict and is unacceptable. Interpretation of this policy is more difficult for a banker who has no knowledge of the merchandise or if the merchandise is highly technical.

In recent years I have seen documents prepared by freight forwarders showing all documents, not just the invoice, with the merchandise description identical to the letter of credit. Undoubtedly, this safe method leaves no need on the part of the bank to interpret the description from document to document.

An uncertain bank will take the safe, conservative approach, and ask for replacement documents, refuse payment, or obtain a waiver of the discrepancy from the applicant, if the documents do not strictly match the letter of credit.

In Blogs, Business, Featured Stories, Information, World Tags Article 14e, article 18c, banker, bill of lading, freight forwarders, goods, international logistics, International shipping, Letters of credit, merchandise descripton, refuse payment, replacement documents, UCP, Uniform Customs and Practices for Documentary credits
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Business Leaders to Congress: Pass Long-Term Ex-Im Bank Reauthorization

March 27, 2015 Guest Author
Dear Speaker Boehner, Leader McConnell, Leader Pelosi and Leader Reid:

On behalf of the Business Roundtable, I write urging passage of a multi-year reauthorization of the U.S. Export-Import (Ex-Im) Bank as soon as possible before its short-term extension expires at the end of June.  Such a long-term reauthorization is urgently needed to address growing uncertainty among U.S. companies, of all sizes, that rely on Ex-Im Bank to enable their exports.

In today’s highly competitive global marketplace, there are more than 60 export credit agencies (ECAs) providing their own exporters with aggressive financing packages to compete for and win international sales.  Ex-Im Bank is critical to helping American companies and workers fairly compete for such sales.  It does so by seeking to offset at least some of the financing provided by foreign ECAs to foreign competitors.

Ex-Im Bank has long played an important role in helping support U.S. exports and jobs.  For example, in FY2014, it provided financing for $27.5 billion worth of U.S. exports through its approval of over 3,700 transactions for U.S. companies, including more than 3,300 for small businesses.  These exports supported an estimated 164,000 American jobs at these companies as well as companies in their U.S. supply chains.  Since its founding in 1934, Ex-Im Bank has supported more than $600 billion of U.S. exports.

Ex-Im Bank carries out its mission at very little risk to taxpayers.  Borrowers have defaulted on less than two percent of all Ex-Im Bank loans since its creation and only 0.175% of loans in FY2014  – rates well below those of most commercial banks.  In FY2014, Ex-Im Bank generated more than $674 million for the U.S. Treasury (from fees or interest charged for its services) after covering its expenses.

If Congress fails to reauthorize Ex-Im Bank, it will threaten the ability of thousands of U.S. companies to compete for international sales and put hundreds of thousands of U.S. jobs at risk. With more than 95 percent of the world’s population and 80 percent of the world’s purchasing power outside the United States, Congress should not make it harder for U.S. companies to compete for and win sales around the world.  Failure to reauthorize Ex-Im Bank would unfairly advantage foreign competitors that will continue to get significant financing from their countries’ own export-import banks.
For the above reasons, Business Roundtable urges you to act quickly to pass a multi-year reauthorization of Ex-Im Bank to help support U.S. exports and the American companies of all sizes and workers that depend on them.

 

Sincerely,
Thomas Linebarger
Chairman and CEO, Cummins Inc.
Chair, International Engagement Committee, Business Roundtable
In Business, Featured Stories, Industry, World
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Letter Of Credit Discrepancy Created A New Market For Greek Candy

March 27, 2015 Roy Becker

Letter Of Credit, Shipment Date, Applicant, Negotiate Documents


LETTER OF CREDIT REQUIRED A LATEST SHIPPING DATE

A US importer applied to a New York bank for a letter of credit for candy from a supplier in Greece. The letter of credit stipulated a shipment date which would insure arrival of the candy in time for a particular Greek festival.

LETTER OF CREDIT PAYMENT REFUSED

Unfortunately, the supplier dispatched the candy one day after the latest date allowed for shipment. When the issuing bank noted this discrepancy, they contacted the applicant for approval to pay, but the applicant declined because the late shipment meant missing the festival date. The Greek bank was notified that payment had been refused.

Since the Greek bank had negotiated the documents and already paid the supplier, they were now the sweet owner of the candy and promptly contacted the New York bank for assistance in finding a new buyer for it.

"NEGOTIATING" A LETTER OF CREDIT

Let’s clarify the technical term “negotiate.” According the UCP, “Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank” (Article 2).

In other words, a bank other than the issuing bank may purchase the beneficiary’s documents before the issuing bank receives the documents and consents to payment. This provides an advantage for the beneficiary who receives the money faster. It also provides income to the negotiating bank by collecting fee income plus a fee to compensate them for the cost of “float,” or interest on the money, which they paid but have not yet collected from the issuing bank.

The negotiating bank, however, takes the risk of the issuing bank not paying. In this story, why the negotiating bank chose to purchase discrepant documents remains unclear. Apparently, unable or unwilling to recover the payment from the beneficiary, they solicited the issuing bank’s assistance in the matter.

CREATING A NEW MARKET FOR THE CANDY

Fortunately, the story ends well. The New York bank discovered an agent who was willing to sell the candy for a 20% commission. He traveled the country and successfully established ecstatic buyers for the candy. After he kept 20%, the New York bank remitted over $143,000 more than the draft amount to the Greek bank and the agent launched a new market for the candy.

Thank you to Jim Harrington for another entertaining story.

In Blogs, Business, Featured Stories, Industry, World Tags advance funds, beneficiary, buyer, consent to payment, Discrepancy, float, Greek Candy, insure arrival, issuing bank, Letter of credit, letter of credit payment refused, negotiate, negotiating bank, negotiating letter of credit, nominated bank, payment refused, shipping date, suppplier, U-S- importer, UCP, US importer
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Mobile Apps Track Your Location More Often Than You Think

March 24, 2015 Contributor

A Carnegie Mellon University study shows that roughly every three minutes or 50 meters location data is collected by mobile apps. Over a two-week time frame the research concluded that a dozen or so popular Android apps excessively collected location data. Apps such as Groupon, the Weather Channel and Google Play are mentioned in the article below, written by Elizabeth Dwoskin. The research comes at a time of increasing concern about electronic privacy. A 2014 Pew survey found that more than 90 percent of Americans feel they’ve lost control over personal data. While savvy users understand that using mobile devices entails some privacy tradeoffs – for example, a navigation app will reveal their location to the app’s publisher – most don’t realize the extent to which such information is collected and distributed, the researchers said.

CellPhoneTrackingNumbersThe researchers recruited 23 users of Android version 4.3 from Craigslist and the Carnegie Mellon student body. Participants were allowed to use their own choice of apps after installing software that noted app requests for a variety of personal information; not only location but also contacts, call logs, calendar entries, and camera output. They weren’t told the purpose of the study and were screened to weed out people who had a technical background or strong views about privacy.

The researchers found that even apps that provided useful location-based services often requested the device’s location far more frequently than would be necessary to provide that service, the researchers said. The Weather Channel, for example, which provides local weather reports, requested device location an average 2,000 times, or every 10 minutes, during the study period. Groupon GRPN +0.46%, which necessarily gathers location data to offer local deals, requested one participant’s coordinates 1,062 times in two weeks.

“Does Groupon really need to know where you are every 20 minutes?” asked Norman M. Sadeh, a Carnegie Mellon professor who co-authored the study. “The person would have to be accessing Groupon in their sleep.”

Groupon and the Weather Channel did not respond to requests for comment.

App publishers have ample incentive to gather as much location data as they can. Marketers pay 10% to 20% more for online ads that include location information, said Greg Stuart, chief executive of the Mobile Marketing Association. In previous research, Sadeh and his colleagues found that when an app requests location, 73% of the time it shares the information with an advertising network.

Location data can make ads more relevant to consumers, by making it possible to draw inferences about what audience members are interested in, Stuart said. The data can be used to show an ad for a store to a potential customer who is nearby, a technique that boosts store traffic 40%, according to Mobile Marketing Association research. Or it can be used to present ads for store items to shoppers who are already inside. Users often aren’t aware that their location played a role in being shown a particular ad, Stuart added.

Among the software that handled the most location data were programs pre-installed on the device that couldn’t be easily deleted. Google Play Services, which distributes information to a variety of apps, computed location an average 2,200 times during the study period.

Google declined to comment.

In addition to tallying app requests for personal data, the Carnegie Mellon researchers explored a conundrum: Despite these widespread worries about information leaks, few users take actions that would plug them, such as downloading privacy software or adjusting their device’s settings.

The researchers sent to study participants a daily message – a “privacy nudge,” as Sadeh called it – telling them how many times apps collected their personal data. After receiving the nudges daily, 95% of participants reported reassessing their app permissions and 58% chose to restrict apps from collecting data.

Privacy nudges no longer can be implemented on Android. Operating system updates since the study was concluded removed the software that gave the researchers access to logs of app requests for personal information.

 

In Blogs, Business, Information, World Tags android app, android privacy, app, Carnegie Mellon, cell phone privacy, cell phone tracking, device privacy, Information, mobile, mobile app, mobile app location tracking, mobile app tracking, personal data, privacy
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Letter Of Credit Rule #1: Strict Compliance: What Are Adzing Machines?

March 22, 2015 Roy Becker

Letter Of Credit, Issuing Bank, Strict Compliance

LETTER OF CREDIT: STRICT COMPLIANCE

One cardinal rule of letters of credit always prevails: strict compliance. Early in my career as an international banker, a lawyer wisely told me, “Roy, when processing a letter of credit, your job is to compare; not interpret.” That advice has helped me on numerous occasions to keep issues in perspective.

It would have helped another banker in this lesson, too, if she had received the same advice.

Before the electronic computer age, international banks typically communicated with each other by telex. A bank in Greece issued a letter of credit by telex and advised it through a New York bank. Upon receipt of the letter of credit, the New York bank followed their policy to re-type the information on their own letterhead and send it to the beneficiary.

BAD JUDGMENT

As the typist transferred the information onto the bank’s letterhead, she came across the merchandise description, which read, “1,000 adzing machines.” In her best judgment, the bank in Greece had made a mistake, so she altered it to read, “1,000 adding machines.”

Upon receipt of the letter of credit, the beneficiary shipped the adding machines and presented documents to the New York bank, which made payment because the documents correctly complied with the terms of the letter of credit.

ISSUING BANK REFUSED TO PAY

The New York bank couriered the documents to the issuing bank in Greece which promptly refused to honor them because their customer had indeed ordered 1,000 adzing machines, an ancient wood-working tool.

The bank in Greece held the New York bank responsible and returned the shipment. The New York bank, left holding the bag so to speak, ended up with 1,000 adding machines. Unable to sell them to recover their losses, the bank made a decision to use the adding machines in their next promotional offer.

"COMPARE, NOT INTERPRET"

If the bank had simply instructed their letter of credit staff to compare, not interpret, this story would have had an uneventful ending and would have never made it into this blog.

In Blogs, Business, Featured Stories, World Tags adzing machin, credit rule, international bank, international banker, issuing bank, Letter of credit, srict compliance, telex
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Letter of Credit Non-payment Resulted in Paper Slippers Becoming a Tax Deduction

March 17, 2015 Roy Becker

Letter Of Credit, Beneficiary, Applicant

LETTER OF CREDIT ISSUED FOR THE PAYMENT

A New York bank issued a letter of credit for the importation of paper slippers used in medical clinics and hospitals. The patients donned the disposable slippers as they strolled through sanitary areas of the hospital. The merchandise description on the letter of credit read as follows: “paper slippers with soles double-stitched.”

"DISCREPANCIES" IN THE DOCUMENTS

The documents presented by the beneficiary did not properly indicate double-stitched soles. The issuing bank inadvertently overlooked this requirement and honored the beneficiary’s request for payment.

When the applicant received the slippers and inspected the incorrect documents, he rejected them, demanding that the issuing bank refund their money. Since the bank had already paid the beneficiary, the bank became the unwilling owner of single-stitched paper slippers with little hope of selling them to recover their loss.

DONATE THE SLIPPERS

An official at the bank ingeniously suggested they donate the slippers to a Veterans Administration hospital and capture a tax deduction. The savings resulting from the tax deduction nearly compensated the bank for its loss.

Another lesson learned, thanks to Jim Harrington.

In Blogs, Business, Featured Stories, Information, Intelligence, World Tags Applicant, beneficiary, compensate, donate, Letter of credit, merchandise descripion, Payment, recover loss, refund money, rejected, request for payment, Roy Becker, tax deduction
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Hubble Sees A Smiling Lens | NASA

March 16, 2015 Contributor

In the center of this image, taken with the NASA/ESA Hubble Space Telescope, is the galaxy cluster SDSS J1038+4849 — and it seems to be smiling. You can make out its two orange eyes and white button nose. In the case of this “happy face”, the two eyes are very bright galaxies and the misleading smile lines are actually arcs caused by an effect known as strong gravitational lensing.

Galaxy clusters are the most massive structures in the Universe and exert such a powerful gravitational pull that they warp the spacetime around them and act as cosmic lenses which can magnify, distort and bend the light behind them. This phenomenon, crucial to many of Hubble’s discoveries, can be explained by Einstein’s theory of general relativity.

In this special case of gravitational lensing, a ring — known as an Einstein Ring — is produced from this bending of light, a consequence of the exact and symmetrical alignment of the source, lens and observer and resulting in the ring-like structure we see here.

Hubble has provided astronomers with the tools to probe these massive galaxies and model their lensing effects, allowing us to peer further into the early Universe than ever before. This object was studied by Hubble’s Wide Field and Planetary Camera 2 (WFPC2) and Wide Field Camera 3 (WFC3) as part of a survey of strong lenses.

A version of this image was entered into the Hubble’s Hidden Treasures image processing competition by contestant Judy Schmidt.

Article provided by Nasa.gov

Image Credit: NASA/ESA Caption: ESA

In Blogs, Featured Stories, World Tags ESA, galaxy, Hubble, NASA, Smile, Space Telescope
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The Strong Dollar Is Weighing On Major U.S. Exporters

March 16, 2015 Contributor

Kate Davidson, of the Wall Street Journal published today that the stronger U.S. dollar can hurt exporters in the areas of capital spending and hiring plans. The following is her article on that subject. The stronger U.S. dollar has hurt exporters and could dampen their investment plans for next year, top business executives said in a new survey.

The quarterly Duke University/CFO Magazine Global Business Outlook Survey, released Wednesday, polled about 1,000 business executives–mostly CFOs–around the world.

Two out of three big U.S. exporters–those with at least one-fourth of their total sales overseas–said the appreciation of the dollar has had a negative impact on their businesses. And nearly one-fourth of big exporters said they have reduced their capital spending plans as a result.

Executives across many sectors–from construction to manufacturing to healthcare–pointed to the strengthening U.S. dollar against most major currencies as an emerging risk that has developed over the past six months.

“We are in a midst of an ugly contest to see whether the eurozone, Japan or Canada can depreciate the most against the U.S. dollar, and China is probably next,” said Campbell R. Harvey, a professor at the Duke Fuqua School of Business and a founding director of the survey. “U.S. exporters are being punished by these competitive depreciations and this will lead to lower profits and less employment.”

Nearly one-third of business executives expect the value of the dollar to increase 10% relative to the euro, according to the survey. Among executives who expect at least 10% dollar appreciation, 13.8% said currency values will have a negative effect on capital spending plans, and 8.6% expect a negative effect on hiring plans. (The survey was conducted through March 6; the dollar has strengthened further since then.)

A robust dollar and a strengthening economy are giving Americans more buying power, especially for products made overseas. At the same time, growth in Europe and Japan is lackluster and output in several major emerging markets is cooling, undercutting demand for U.S. products abroad.

That has led to a record high U.S. trade deficit and has implications for the overall health of the U.S. economy. Total exports as a share of gross domestic product have grown steadily over the past several decades, and export stagnation could undermine growth.

That’s one reason Federal Reserve officials are looking carefully at growth trends as they mull when to raise interest rates.

Fed officials expect the increase in the foreign-exchange value of the dollar will be a persistent source of restraint on U.S. net exports, according to minutes from the central bank’s latest policy meeting, and a few participants pointed to the risk that the dollar could appreciate further.

Also in the Duke survey:

  • About 70% of U.S. companies said they expect to increase wages by at least 3%. Wage growth should exceed 3% in the tech, services and consulting, manufacturing and health care sectors; wages in the energy, retail and communications sectors are expected to increase less than 2%.
  • On a scale from 0 to 100, U.S. CFOs rate the economic outlook at 65, the most optimistic expectation for the U.S. economy since 2007.
  • Only 23% of European CFOs believe the European Central Bank’s quantitative easing program will actually increase inflation.

Written By: Kate Davidson of The Wall Street Journal

In Blogs, Business, World Tags economic, European Central Bank, U-S- exporters, U-S- net exports
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Growing up in the shadow of Everest

March 12, 2015 Contributor

Google maps has reached Everest. Earlier today Google published photos of a 10-day trek through the Khumbu region. The article below is that story. Phortse, Khumbu Region, Nepal

Apa Sherpa is a Sherpa mountaineer who holds the world record for reaching the summit of Mount Everest 21 times—more than any other person. In 2009, Apa founded the Apa Sherpa Foundation, a nonprofit that works to provide better educational and economic opportunities to the young people of the Khumbu region. In March 2014, Apa Sherpa, Google Earth Outreach, and the Nepalese nonprofit Story Cycle, embarked on a 10-day trek through the Khumbu region, supporting local people to enhance the digital representations of their communities on Google Maps. We hope the project will empower the Apa Sherpa Foundation, Story Cycle, other nonprofits, and Sherpa community members to tell their stories through Google Maps. -Ed.

 

Apa Sherpa on the summit of Everest with a memorial to Sir Edmund Hillary who passed away in 2008. Photo credit: Apa Sherpa Foundation

I was born in 1960 in Thame, a small town in the Khumbu region of Nepal, which is home to Mount Everest, the world’s tallest peak. Even though I grew up in the shadow of the mountain, I dreamt of being a doctor instead of a climber. That dream was never realized. When I was 12, my father passed away, and I had to find work to support my family. So I began carrying goods up the mountain as part of an expedition team. At 30, a dream that had never been mine came true: I summited Everest for the first time as a porter.

Our region is famous for being home to Everest, but it’s also the home of the Sherpa community and has been for centuries. The region has much more to offer than just the mountain. So last year, I guided the Google Maps team through my home region to collect Street View imagery that improves the map of our community. Now you can find Thame on the map and explore other communities nestled at the base of Everest, like Khumjung and Phortse.

Phortse Thakiri Chholing Gomba, Monastery, Nepal
Partnering with Google Maps allowed us to get important local landmarks on the map and share a richer view of Khumbu with the world, including local monasteries, lodges, schools and more, with some yaks along the way! My hope is that when people see this imagery online, they’ll have a deeper understanding of the region and the Sherpa people that live there.

 

Map of Thame, Apa Sherpa’s hometown, before the Google Mapping project [above] and added locations [below]

When people ask what it feels like to reach the top of Mount Everest, I say “heaven.” But I haven’t summited the mountain 21 times because I love climbing. I earned this world record in pursuit of a greater goal: to provide a good education and a better, safer life for my kids. My hope is that my children and future generations have many choices for employment outside of mountaineering. Through the Apa Sherpa Foundation, I now work to improve educational access by funding the Lower Secondary School in my hometown to give children other options for their future, so they can pursue their dreams to be doctors—or anything else they want to be, like mine, so many years ago.

Your online trip to my home awaits you on Google Maps. And if you ever get the chance to visit the Khumbu region in person, come stay at the Everest Summiteer Lodge that I built with my own hands. We’ll be ready to welcome you.

Namaste, Apa Sherpa

In Blogs, Featured Stories, Information, World Tags Apa Sherpa Foundation, everest, Google Maps, Khumbu, Nepal, Sherpa, Summiteer lodge
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Getting Past the Partisan Passions of Netanyahu’s Speech

March 4, 2015 Contributor

National security need not become hyperpoliticized in today’s Washington

"Tuesday’s speech to Congress by Israeli Prime Minister Benjamin Netanyahu will be half foreign-policy event, half partisan spectacle, which raises a question: Is this a sign that national security, once thought to be at least slightly above the political fray, is becoming just another exercise in today’s polarized Washington?"

Answer: not necessarily.

By Gerald F. Seib of the WSJ

Let’s be honest. Foreign-policy debates have always been tinged with partisanship. And on the key questions of the hour—a nuclear deal with Iran and the battle against Islamic State extremists—there’s more crossing of partisan lines than current rhetoric suggests.

Still, there’s a danger that this week’s spectacle will inject a big new dose of partisanship into areas where it’s better left at bay. Once Mr. Netanyahu leaves town, it will be time for cooler heads in both parties to prevent that from happening.

The danger arises for two reasons, unique to the Netanyahu visit. The first is that this week’s event is out of the norm. It isn’t routine for a House speaker of one party to invite a foreign head of government to address Congress without consulting with a White House controlled by the other party. That’s particularly true when everyone knows the point of the speech will be to try to stop a presidential initiative—in this case the nuclear deal with Iran that the administration is trying to negotiate.

 

So this was inevitably going to be seen as a partisan act, as it would have been if the roles were reversed. It’s not hard to imagine what the Republican reaction would have been if a House Speaker Nancy Pelosi had invited a European head of state to address a joint session of Congress to question President George W. Bush’s request for authorization to go to war in Iraq.

The second reason this moment feels different is that the controversy affects American support for Israel’s government, an area that both sides have at least tried to keep above partisanship.

Add to those factors the sometimes “toxic” relationship between the Republican Congress and President Barack Obama and you have the makings of a broader partisan overlay, says Richard Haass, president of the Council on Foreign Relations and one of the few figures who maintains good lines of communications with both parties. The danger, he adds, is that “resentment from one issue carries over into the other,” getting in the way of, for example, Republicans’ working with Democrats on free-trade issues.

That doesn’t have to be the case, though. History provides ample evidence that the country can move beyond partisan splits on big foreign-policy issues. Republican isolationists battled Democratic President Franklin Roosevelt over providing aid to Britain before the U.S. entered World War II, for example, and the historic congressional vote on the Lend-Lease Act authorizing the aid fell largely along party lines.

When Congress faced a similarly dramatic moment in relations with Israel, in 1981 at the dawn of Republican Ronald Reagan’s presidency, the debate again had political overtones. The issue then was the Reagan administration’s decision to sell advanced Awacs radar planes to Saudi Arabia, a move Israel vehemently opposed. The sale was approved in the Senate largely along party lines, when Mr. Reagan prevailed on fellow Republicans to fall in line. (Irony of the week: Today, Israel probably is happy Congress approved that Awacs sale because the Saudis now are aligned with Israel in staunchly opposing Iran’s growth as a regional power.)

And congressional votes authorizing both wars with Iraq—the first sought by President George H.W. Bush and the second by the younger Mr. Bush—fell heavily along partisan lines.

More telling are the times when partisanship has been shoved aside in big foreign-policy debates. During the Cold War, arms-control treaties were pushed through Congress by leading foreign-policy thinkers of both parties, working in unison. Democratic President Bill Clinton relied on Republican votes to get free-trade deals through Congress. By the end of his presidency, Lyndon Johnson could count more on Republicans than Democrats for support of his policies in the Vietnam War.

And in 2001, the resolution authorizing use of force against al Qaeda passed both houses of Congress on a combined vote of 508 to 1.

The key is to get past the partisan emotions let loose this week and back to a national-security debate driven as much by conviction as party loyalty. That should be doable.

On an actual Iran deal, for example, Mr. Obama may find himself in the odd position of being supported by Republican Sen. Rand Paul—and opposed by Democratic Sen. Chuck Schumer. And on the equally important question of authorizing the fight against Islamic State, Republicans are more likely to back Mr. Obama than are many Democrats. Which isn’t a bad thing for the system.

Write to Gerald F. Seib at [email protected]

In Blogs, Nation, News, World Tags congress, Council on Foreign Relations, Democrats, foreign head of government, Foreign policy, free trade, House speaker, Iran, Iraq, Israeli Prie Minister Benjamin Netanyahu, Nancy Pelosi, Netanyahu, Nuclear, partisan, President Barack Obama, President George W- Bush, Republican, Richard Haass, Washington
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Putin’s Culture of Fear and Death

March 3, 2015 Contributor

Boris Nemtsov threw his big body, big voice and big heart into the uphill battle to keep democracy alive in Russia.

Garry Kasparov, speaks openly about Putin's Russia. ___________

By GARRY KASPAROV As posted on WSJ March 1, 2015

Boris Nemtsov, my longtime friend and colleague in the Russian opposition, was murdered in the middle of Moscow on Friday night. Four bullets in the back ended his life in sight of the Kremlin, where he once worked as Boris Yeltsin ’s deputy prime minister. Photos showed a cleaning crew scrubbing his blood off the pavement within hours of the murder, so it is not difficult to imagine the quality of the investigation to come.

Vladimir Putin actually started, and ended, the inquiry while Boris’s body was still warm by calling the murder a “provocation,” the term of art for suggesting that the Russian president’s enemies are murdering one another to bring shame upon the shameless. He then brazenly sent his condolences to Boris’s mother, who had often warned her fearless son that his actions could get him killed in Putin’s Russia. Boris was a passionate critic of Mr. Putin’s war in Ukraine and was finishing a report on the presence of Russian soldiers in the ravaged Donbas region, a matter that the Kremlin has spared no effort to cover up. But the question “Did Putin give the order?” rings as hollow today as when journalist Anna Politkovskaya was gunned down in 2006, the same year that Putin critic Alexander Litvinenko was poisoned in London—or when a Malaysia Airlines passenger jet was shot down over eastern Ukraine last year.

Certainly the arrogance of the assassins is a notable clue. They could have chosen many dark and out-of-the-way places along the same route Boris took but instead sent a message by selecting a prominent and heavily surveilled spot. Opposition leaders are always watched closely by Russia’s security services before public rallies—Boris had been planning a protest against the Ukraine war on Sunday—so how could these trained bloodhounds not notice that someone else was following him? Regardless of whether President Putin gave the order, there is no doubt that he is directly responsible for creating the conditions in which these outrages occur with such terrible frequency.

The early themes in Mr. Putin’s reign—restoring the national pride and structure that were lost with the fall of the Soviet Union—have been replaced with a toxic mix of nationalism, belligerence and hatred. By 2014 the increasingly depleted opposition movement, long treated with contempt and ridicule, had been rebranded in the Kremlin-dominated media as dangerous fifth columnists, or “national traitors,” in the vile language lifted directly from Nazi propaganda.

Mr. Putin openly shifted his support to the most repressive, reactionary and bloodthirsty elements in the regime. Among them are chief prosecutor Alexander Bastrykin, who last week declared that the Russian constitution was “standing in the way of protecting the state’s interests.” In this environment, blood becomes the coin of the realm, the way to show loyalty to the regime. This is what President Putin has wrought to keep his grip on power, a culture of death and fear that spans all 11 Russian time zones and is now being exported to eastern Ukraine.

Boris Nemtsov was a tireless fighter and one of the most skilled critics of the Putin government, a role that was by no means his only possible destiny. A successful mayor in Nizhny-Novgorod and a capable cabinet member and parliamentarian, he could have led a comfortable life in government as a token liberal voice of reform. But Boris was unqualified to work for the Putin regime. He had principles, you see, and could not bear to watch our country slide back into the totalitarian depths.

And so Boris launched his big body, big voice and big heart into the uphill battle to keep democracy alive in Russia. We worked together after he was kicked out of Parliament in 2004, and by 2007 we were close allies in the opposition movement. He was devoted to documenting the crimes and corruption of Mr. Putin and his cronies, hoping that they would one day face a justice that seemed further away all the time.

Boris and I began to quarrel after Mr. Putin returned as president in 2012. To me, the Putin return signaled the end of any realistic hopes for a peaceful political path to regime change. But Boris was always optimistic. He would tell me I was too rash, that “you have to live a long time to see change in Russia.” Now he will never see it.

We cannot know exactly what horror will come next, only that there will be another and another while President Putin remains in power. The only way his rule will end is if the Russian people and the elites understand that they have no future as long as he is there. Right now, no matter how they really feel about Mr. Putin and their lives, they see him as invincible and unmovable. They see him getting his way in Ukraine, taking territory and waging war. They see him talking tough and making deals with Angela Merkel and François Hollande. They see his enemies dead in the streets of Moscow.

Statements of condemnation and concern over the Nemtsov murder quickly poured forth from the same Western leaders who have done so much to appease the Kremlin in recent days, weeks and years. If these leaders truly wish to honor my fearless friend, they should declare their support for the many tens of thousands of marchers who turned Sunday’s protest rally into a funeral procession. Western leaders should declare in the strongest terms that Russia will be treated like the criminal rogue regime it is for as long as Mr. Putin is in power. Call off the sham negotiations. Sell weapons to Ukraine that will put an unbearable political price on Mr. Putin’s aggression. Tell Russian oligarchs, every one of them, that there is no place their money will be safe in the West as long as they serve the Putin regime.

The response so far hasn’t been encouraging. Given President Putin’s sordid record, calls from Western leaders for him to “administer justice” could almost be considered sarcastic. Western media inexplicably continue to air, unchallenged, statements by his cadre of propagandists. Many reports credulously cite Mr. Putin’s high approval rating at home, as if such a concept has any meaning in a police state. Meanwhile, the Russian media churn out preposterous and insulting conspiracy theories about the death of a man they had called an enemy of the state.

We may never know who killed Boris Nemtsov, but we do know that the sooner President Putin is gone, the better the chances are that the chaos and violence Boris feared can be avoided.

Mr. Kasparov is the chairman of the New York-based Human Rights Foundation. His book on Vladimir Putin, “Winter Is Coming,” will be published by Public Affairs in the fall.

In Blogs, Featured Stories, Nation, News, Politics, World Tags aggression, Alexander Bastrykin, Alexander Litvinenko, Angela merkel, Anna Politkovskaya, Boris Nemtsov, Boris Yeltsin, Four bullets, Francois Hollande, Friday night, Garry Kasparov, Kasparov, Kremlin, Moscow, Mr Putin, murdered, Nizhny-Novgorod, President Putin, Putin regime, Putin's russia, Russian opposition, Russion, Ukraine, Vladimir Putin
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Does The Letter Of Credit Police The Transaction? Which Seems Better? New Or Reconditioned?

March 2, 2015 Roy Becker

Letter Of Credit, Confirming Bank, Issuing Bank, UCP

LETTER OF CREDIT WAS PAID BY THE BANK This insightful story, told by Jim Harrington, concerns a company that builds equipment for manufacturing cans used in the food and beverage industry. The manufacturer received a letter of credit to pay for a shipment of one machine. Since the documents complied with the terms of the letter of credit, the confirming bank in the Unites States made payment and sent the documents to the issuing bank in Brazil. The issuing bank in Brazil inspected the documents and also honored the payment.

BUYER CLAIMED IT WAS A USED MACHINE, NOT NEW

When the goods arrived in Brazil, the buyer discovered that the vintage machine, manufactured in the 1920s, did not meet the conditions of the contract, which indicated a new machine.

BANKS DEAL IN DOCUMENTS, NOT IN GOODS

When the buyer complained to the issuing bank in Brazil, the bank explained that they deal in documents, not in goods, and that the buyer had no claim against the bank because the documents complied with the terms of the Letter of Credit. As a courtesy, the issuing bank sent a message to the confirming bank, which in turn contacted the beneficiary to inform him of the mistake. Upon checking his records, the beneficiary discovered that through a computer error, a reconditioned machine left their warehouse instead of a new machine.

A GOOD DEAL FOR THE BUYER

The beneficiary contacted the buyer in Brazil with an offer to return the used machine in exchange for a new one, or alternatively, accept a credit of $100,000 and keep the old machine. Upon careful thought, the buyer determined that the more stringent manufacturing specs in the 1920s made the reconditioned machine of better quality than a new one, so he decided to keep the old one and accepted the $100,000 credit.

LETTER OF CREDIT RULES WERE FOLLOWED

The rules for processing letters of credit (UCP) clearly indicate that with a letter of credit, “Banks deal with documents and not with the goods, services or performance to which the documents may relate” (Article 5). Any disputes regarding the goods are handled directly between the buyer and seller, properly leaving the bank as an independent paymaster.

In Blogs, Business, Featured Stories, World Tags bank, beneficiary, brazil, conditions, confirming bank, goods, ICO Terms, International shipping, Letter of credit, manufacturing, shipment, UCP
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