11 Letter of Credit
11 Letter of Credit
11 Letter of Credit
Problems:
- Country risk
- Opening bank’s low rating
- Customer’s slow rating
- High charges etc.
How the exporter can minimize the problems —
By insisting for confirmed L.C.
Course of action when an exporter has
Presented documents which do not Conform to
the credit:
d) Exporter may ask the advising bank to send
documents to issuing bank on collection basis.
b) Exporter can ask the negotiating bank to negotiate
the discrepant documents against indemnity or
guarantee of the exporter.
c) The advising bank can approach the issuing bank
for waiver of discrepancies.
Flow Chart– Letter of Credit
Cycle
Importer 1- Exporter
(account party) (beneficiary)
Contract
2 7 4 5 9
3
Importer’s Bank
6 Exporter’s bank
(Adv,/
(issuing bank)
Nominated bank)
8
Explanation of Flow chart:
2. Contract between exporter and importer
3. Applicant (Importer) approaches the
bank
4. Importer’s bank issues L/C and advises it
to the advising bank.
5. Advising bank advises L/C to the
exporter
6. After shipment, exporter submits
Explanation of Flow chart:
2. Advising bank sends documents to
issuing bank
3. Issuing bank shall debit account of
importer under advice to him and
transmit proceeds to advising bank.
4. Advising bank shall credit account of
exporter.
5. The advising bank shall intimate the
exporter and send credit advice to him.
LETTER OF CREDIT
Uniform Customs and
Practice
Govern
ed by
UCP
600
• International Chamber of Commerce
(ICC), is a World Business Organization,
its headquarters are based at Paris, it has
developed and designed standards, rules
and reference guides for international
trade. UCP 600 is also designed by ICC
and the rules contained in therein govern
letter of credit transactions worldwide.
UCP 600 became effective from 1st
July 2007
• UCP 600 is comprised of 39 Articles.
These are a comprehensive and
practical working aid to bankers,
lawyers, importers, and exporters,
transport executives, educators, and
all others who are engaged and
interested in letter of credit
• International Chamber of Commerce
(ICC), is a World Business Organization,
its headquarters are based at Paris, it has
developed and designed standards, rules
and reference guides for international
trade. UCP 600 is also designed by ICC
and the rules contained therein govern
letter of credit transactions worldwide.
UCP 600 became effective from 1st
July 2007
• UCP 600 is comprised of 39 Articles.
These are a comprehensive and
practical working aid to bankers,
lawyers, importers, and exporters,
transport executives, educators, and
all others who are engaged and
interested in letter of credit
UCP 600 - Article 1
• The Uniform Customs and Practice for
Documentary Credits, 2007 Revision, ICC
Publication no. 600 ("UCP“) are rules
that apply to any documentary credit
("credit") (including, to the extent to
which they may be applicable, any
standby letter of credit) when the text of
the credit expressly indicates that it is
subject to these rules. They are binding
on all parties thereto unless expressly
UCP 600 - Article 2
Definitions
• Advising bank: means the bank that
advises the credit at the request of the
issuing bank.
• Applicant: means the party on whose
request the credit is issued.
• Banking day: means a day on which a
bank is regularly open at the place at
which an act subject to these rules is to
UCP 600 - Article 2
Definitions
• Beneficiary: means the party in whose
favour a credit is issued.
• Complying presentation: means a
presentation that is in accordance with
the terms and conditions of the credit,
the applicable provisions of these rules
and international standard banking
practice.
UCP 600 - Article 2
Definitions
• Confirmation: means a definite
undertaking of the confirming bank, in
addition to that of the issuing bank, to
honor or negotiate a complying
presentation.
• Confirming bank: means the bank that
adds its confirmation to a credit upon the
issuing bank‘s authorization or request.
UCP 600 - Article 2
Definitions
• Credit: means any arrangement,
however named or described, that is
irrevocable and thereby constitutes a
definite undertaking of the issuing bank
to honour a complying presentation.
UCP 600 - Article 2
Definitions
• Honour means:
a. to pay at sight if the credit is available by
sight payment.
b. to incur a deferred payment undertaking
and pay at maturity if the credit is available
by deferred payment.
c. to accept a bill of exchange ("draft") drawn
by the beneficiary and pay at maturity if the
credit is available by acceptance.
UCP 600 - Article 2
Definitions
• Issuing bank: means the bank that
issues a credit at the request of an
applicant or on its own behalf.
• 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
UCP 600 - Article 2
Definitions
• Nominated Bank: means the bank with
which the credit is available or any bank
in the case of a credit available with any
bank.
• Presentation: means either the delivery
of documents under a credit to the
issuing bank or nominated bank or the
documents so delivered.
• Presenter: means a beneficiary, bank or
UCP 600 - Article 3
For the purpose of these rules:
• Where applicable, words in the singular
include the plural and in the plural
include the singular.
• A credit is irrevocable even if there is
no indication to that effect.
• A document may be signed by
handwriting, facsimile signature,
perforated signature, stamp, symbol or
any other mechanical or electronic
UCP 600 - Article 3
• A requirement for a document to be
legalized, visaed, certified or similar will
be satisfied by any signature,
• mark, stamp or label on the document
which appears to satisfy that
requirement.
• Branches of a bank in different countries
are considered to be separate banks.
UCP 600 - Article 3
• Terms such as "first class", "well known",
"qualified", "independent", "official",
"competent" or "local" used to describe
the issuer of a document allow any issuer
except the beneficiary to issue that
document.
• Unless required to be used in a
document, words such as "prompt",
"immediately" or "as soon as possible”
UCP 600 - Article 3
• The expression "on or about" or similar
will be interpreted as a stipulation that an
event is to occur during a period of five
calendar days before until five calendar
days after the specified date, both start
and end dates included.
• The words "to", "until", "till", "from" and
"between" when used to determine a
period of shipment include the date or
dates mentioned, and the words "before"
and "after" exclude the date mentioned.
UCP 600 - Article 3
• The words "from" and "after" when used
to determine a maturity date exclude the
date mentioned.
• The terms "first half" and "second half" of
a month shall be construed respectively
as the 1st to the 15th and the 16th to the
last day of the month, all dates inclusive.
•
UCP 600 - Article 3
• The terms "beginning", "middle" and
"end" of a month shall be construed
respectively as the 1st to the 10th, the
11th to the 20th and the 21st to the last
day of the month, all dates inclusive.
UCP 600 - Article 4
Credits v. Contracts
a. A credit by its nature is a separate
transaction from the sale or other
contract on which it may be based. Banks
are in no way concerned with or bound by
such contract, even if any reference
whatsoever to it is included in the credit.
Consequently, the undertaking of a bank
to honour, to negotiate or Contd..
UCP 600 - Article 4
Credits v. Contracts
or to fulfill any other obligation under the
credit is not subject to claims or defenses
by the applicant resulting from its
relationships with the issuing bank or the
beneficiary.
UCP 600 - Article 4
Credits v. Contracts
• A beneficiary can in no case avail itself of
the contractual relationships existing
between banks or between the applicant
and the issuing bank.
UCP 600 - Article 4
Credits v. Contracts
b. An issuing bank should discourage any
attempt by the applicant to include, as an
integral part of the credit, copies of the
underlying contract, proforma invoice and
the like.
UCP 600 - Article 5
Documents v. Goods, Services or
Performance
• Banks deal with documents and not with
goods, services or performance to which
the documents may relate.
UCP 600 - Article 6
Availability, Expiry Date and Place
for Presentation
a. A credit must state the bank with which
it is available or whether it is available
with any bank. A credit available with a
nominated bank is also available with the
issuing bank.
b. A credit must state whether it is
available by sight payment, deferred
UCP 600 - Article 6
Availability, Expiry Date and Place
for Presentation
c. A credit must not be issued available by
a draft drawn on the applicant.
UCP 600 - Article 6
Availability, Expiry Date and Place
for Presentation
d.
• (i) A credit must state an expiry date for
presentation. An expiry date stated for
honour or negotiation will be deemed to
be an expiry date for presentation.
UCP 600 - Article 6
Availability, Expiry Date and Place
for Presentation
d.
• (ii). The place of the bank with which the
credit is available is the place for
presentation. The place for presentation
under a credit available with any bank is
that of any bank. A place for presentation
other than that of the issuing bank is in
UCP 600 - Article 6
Availability, Expiry Date and Place
for Presentation
e. Except as provided in sub-article 29 (a),
a presentation by or on behalf of the
beneficiary must be made on or before
the expiry date.
UCP 600 - Article 7
Issuing Bank Undertaking
a. Provided that the stipulated documents
are presented to the nominated bank or
to the issuing bank and that they
constitute a complying presentation, the
issuing bank must honour if the credit is
available by:
• i. sight payment, deferred payment or
acceptance with the issuing bank;
UCP 600 - Article 7
Issuing Bank Undertaking
a. ii. sight payment with a nominated bank
and that nominated bank does not pay;
• iii. deferred payment with a nominated
bank and that nominated bank does not
incur its deferred payment undertaking
or, having incurred its deferred payment
undertaking, does not pay at maturity;
UCP 600 - Article 7
Issuing Bank Undertaking
a. iv. acceptance with a nominated bank
and that nominated bank does not accept
a draft drawn on it or, having accepted a
draft drawn on it, does not pay at
maturity;
• v. negotiation with a nominated bank and
that nominated bank does not negotiate.
b. An issuing bank is irrevocably bound to
honour as of the time it issues the credit.
UCP 600 - Article 7
Issuing Bank Undertaking
c. An issuing bank undertakes to reimburse
a nominated bank that has honoured or
negotiated a complying presentation and
forwarded the documents to the issuing
bank. Reimbursement for the amount of a
complying presentation under a credit
available by acceptance or deferred
payment is due at maturity, whether or
not the nominated bank prepaid or
UCP 600 - Article 7
Issuing Bank Undertaking
c. An issuing bank's undertaking to
reimburse a nominated bank is
independent of the issuing bank's
undertaking to the beneficiary.
UCP 600 - Article 8
Confirming Bank Undertaking
a. Provided that the stipulated documents
are presented to the confirming bank or
to any other nominated bank and that
they constitute a complying presentation,
the confirming bank must:
• i. honour, if the credit is available by
– a. sight payment, deferred payment or
acceptance with the confirming bank;
UCP 600 - Article 8
Confirming Bank Undertaking
a. i. honour, if the credit is available by:
– b. sight payment with another
nominated bank and that nominated
bank does not pay;
– c. deferred payment with another
nominated bank and that nominated
bank does not incur its deferred
payment undertaking or, having
incurred its deferred payment
UCP 600 - Article 8
Confirming Bank Undertaking
Honour, if the credit is available
by:
– d. acceptance with another nominated
bank and that nominated bank does not
accept a draft drawn on it or, having
accepted a draft drawn on it, does not
pay at maturity;
– e. negotiation with another nominated
UCP 600 - Article 8
Confirming Bank Undertaking
Contract Of Guarantee
A contract of guarantee is a contract to perform the
promise or discharge the liability of a third person in
case of his default. The person who gives the
guarantee is called the “surety”; the person in respect
of whose default the guarantee is given is called the
“principal debtor”, and the person to whom the
guarantee is given is called the “creditor”. A
guarantee may be either oral or written.
Uniform Rules for Contract
Guarantee
• Nature of a Contract of Guarantee
Primary Contract.
Primary contract between Principal Debtor and
Creditor.
Secondary Contracts.
The Contract between surety and creditor and
Contract between surety and principal debtor
Uniform Rules for Contract
Guarantee
• Distinguishing features between
Indemnity and Guarantee
Number of Parties
Number of contracts
Existence of liability
Purpose
Nature of liability--- Primary Vs
Secondary
Uniform Rules for Contract
Guarantees
• Purpose of guarantees
Seeking/ Providing-- Credits/
Finances
Inviting Tenders– Applying for
tenders
Ensuring Performance
Types of Contract
Guarantees
Tender Guarantees
Performance Guarantees
Uniform Rules for Contract
Guarantees
• Tender Guarantee– In this type of
guarantee, the guarantor
undertakes, that in the event of
default by the tenderer (Principal) in
fulfillment of his obligations resulting
from submission of tender, to make
payment to the beneficiary within the
limits of a stated sum of money.
Uniform Rules for Contract
Guarantee
Tender Guarantee:
Tender guarantees ensure that the party submitting
the tender will not withdraw his tender before
adjudication and that he will accept and sign the
contract if and when awarded to him.
The beneficiary that is the party awarding the
contract may claim under the guarantee up to the
stated sum in the event of default by the
contractor.
Uniform Rules for Contract
Guarantee
Tender Guarantee: Contd…
The tender guarantees is issued by the
contractor’s bank at his request in favor of
contract awarding party ( the beneficiary)
It is usually one percent to five percent of tender
value
Tender guarantee has a fixed expiry date
Uniform Rules for Contract
Guarantee
Performance Guarantee:
It is an undertaking given by a bank etc.,
(Guarantor) whereby the guarantor undertakes to
make payment to the beneficiary within the limits
of stated sum of money on non performance of
certain contractual obligations of the contract. It
is usually for a fixed percentage of 5 % to 10% of
contract value.
Uniform Rules for Contract
Guarantee
• Parties in performance
Guarantee
Guarantor
Principal (Tenderer)
Beneficiary (the Party inviting
tender)
Uniform Rules for
Demand Guarantees