Letter of Credit
Letter of Credit
Letter of Credit
SENIOR OFFICER
AGRANI BANK LTD
RAJBARI BR., RAJBARI
CELL NO-01725308970
FACEBOOK-MB ALAM ARIF
Sheet-3
Letter of Credit
The terms and conditions of the original credit must be indicated exactly in the transferred
credit. However, in order to keep the workability of the transferable letter of credit below
figures can be reduced or curtailed.
letter of credit amount
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any unit price of the merchandise (if stated)
the expiry date
the presentation period or
the latest shipment date or given period for shipment.
The first beneficiary may demand from the transferring bank to substitute his name for that
of the applicant. However, if a document other than invoice required in the transferable
credit must be issued in a way to show the applicant's name, in such a case that requirement
must be indicated in the transferred credit.
Transferred credit can not be transferred once again to any third beneficiary according to the
request of the second beneficiary.
Confirmed Letter of Credit
After discussing the benefits of the confirmation in a letter of credit transaction, let us
examine the points that need to be take into consideration regarding the confirmed letters of
credit.
UCP 500,which is the previous letters of credit rules published by ICC, was indicated that a
letter of credit may be either revocable or irrevocable. UCP 500 assumed that a letter of
credit is irrevocable in default of the indication whether it is revocable or irrevocable.
Current letter of credit rules, UCP 600, do not cover revocable letters of credit. This point is
made clear in article 3 of UCP 600 :
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Irrevocable Letter Of Credit : Irrevocable Letter Of Credit (ILOC) is a letter of credit
type which can not be cancelled or amended by the issuing bank without the agreement of
the parties of the letter of credit transaction. For example, issuing bank has no power to
modify letter of credit terms if beneficiary does not find them acceptable. In other words,
every amendmend at least requires beneficiary's acceptance in order to be effective.
Irrevocable letters of credit give much more payment security to the beneficiaries than
revocable letters of credit because of the reasons explained above. As a result irrevocable
letters of credit are the types of LCs that dominantly seen on the market place.
Banks will only add their confirmation to the irrevocable letters of credit. A confirming bank
is not obligated to add its confirmation to any amendmend. Also, transferable letters of credit
should not be issued in a revocable form.
Letters of credits are transmitted through banks via a secure and authanticated system which
is called SWIFT. There are various swift message types for different situations. For example
banks use MT700 ( Message Type 700 ) when issuing a letter of credit. We will examine
SWIFT messages detailly later on. Here we want to explain one section of MT700 swift
message (Issue of a Documentary Credit) which contains the information regarding the type
of the documentary credit.
In order to understand the letter of credit type we need to check Field 40A in a MT700 swift
message. This field contains the necessary information regarding the form of the
documentary credit. There are seven possiblities as seen below.
1. The buyer (applicant) and the seller (trader) conclude their sales contract and buyer
agree to request its bank to issue a transferable documentary credit, in favour of the trader
2. The buyer requests the issuance of an irrevocable transferable documentary credit.
3. The issuing bank transmits the documentary credit details to an advising bank.
4. The advising bank advises the documentary credit to the trader (first beneficiary).
5. The trader/first beneficiary requests the advising bank transfer part or full of the
documentary credit to a supplier in the same country or in another country .
6. The transferring bank makes the transferred part or full of the documentary credit to the
second beneficiary, by issuing a transferred credit.
7. The transferred credit is advised to the second beneficiary.
8. The second beneficiary ships the goods in accordance with the requirements of the
transferred credit.
9. The second beneficiary prepares all of the documents stipulated in the transferred credit.
10.The second beneficiary sends the documents to the transferring bank.
11.When the transferring bank receives the documents, the trader (first beneficiary) will be
requested to present its own invoice and draft, if any.
12. The invoice and draft (if any) of the trader/first beneficiary, together with all of the
other documents, are sent to the issuing bank.
13. Issuing bank when receive the a comply document reimbursement tranfering bank as
transfering bank instruction
14. + Transferring bank reimburses second beneficiary bank as their instruction
+ Transferring bank credit first beneficiary/ trader account
55.What are the various parties involved in a letter of credit and discuss their role?
Who are the parties involved in a Letter of Credit LC
The major parties involved in a letter of credit are discussed below. We can classify mainly
eight main parties involved in a Letter of Credit.
Applicant of Letter of Credit.
Applicant is one of the main parties involved in a Letter of Credit.
Applicant is the party who opens Letter of Credit. Normally, buyer of goods is the Applicant
who opens letter of credit with his bank as per the terms and conditions of Purchase order
and business contract between buyer and seller. So Applicant is one of the major parties
involved in a Letter of credit.
LC Issuing Bank
Issuing Bank is one of the other main parties involved in an LC.
Issuing Bank is the bank who opens letter of credit. Letter of credit is created by issuing bank
who takes responsibility to pay amount on receipt of documents from supplier of goods
(beneficiary under LC).
Beneficiary party
Beneficiary is one of the main parties under letter of credit. Beneficiary is the party under
letter of credit who receives amount under letter of credit. The LC is opened on Beneficiary
partys favor. Beneficiary party under letter of credit submits all required documents with is
bank in accordance with the terms and conditions under LC.
Advising Bank
Advising bank, as a part of letter of credit takes responsibility to communicate with
necessary parties under letter of credit and other required authorities. The advising bank is
the party who sends documents under Letter of Credit to opening bank.
Confirming Bank
Confirming bank as a party of letter of credit confirms and guarantee to undertake the
responsibility of payment or negotiation acceptance under the credit.
Negotiating Bank
Negotiating Bank, who negotiates documents delivered to bank by beneficiary of LC.
Negotiating bank is the bank who verifies documents and confirms the terms and conditions
under LC on behalf of beneficiary to avoid discrepancies
Reimbursing Bank
Reimbursing bank is the party who authorized to honor the the reimbursement claim of
negotiation/ payment/ acceptance.
Second Beneficiary
Second beneficiary who represent the first beneficiary or original beneficiary in their
absence, where in the credits belongs to original beneficiary is transferable as per terms.
A letter of credit fraud is a type of scam in which the scammer attempts to make money via
faulty business transactions or tells victims that a letter of credit is an investment.
1. One way of performing letter of credit fraud is to create a fake company. The scammer
will tell the victim that he or she is a representative for a company that can ship goods to the
victim at very low costs. After the victim signs the letter of credit, the scammer goes to a
bank and collects the money. The company will then typically disappear, and the victim
either will receive nothing or will receive vastly inferior goods.
2. The second method of performing a letter of credit fraud is to tell the victim that the letter
represents an investment. The scammer tells the victim that he or she will receive a high
interest rate from purchasing the fake letter of credit. Letters of credit are not investments,
however, and cannot be used as such.
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Some Of The Problems Normally Encountered By Banks In Handling Letter Of Credit
The following are some of the problems normally encountered by banks in handling
letter of credit. How would you address these problems within the framework of
UCPDC-600?
a) Your exporter customer has submitted shipping documents for negotiations after the last
date of negotiation stipulated in the LC.
Solution : Article 16 Discrepant Documents, Waiver and Notice
a. the issuing bank may refuse to honour or negotiate.
c. must give a single notice to that effect to the presenter.
d. The notice must be given no later than the close of the fifth banking day following the day
of presentation.
e. may return the documents to the presenter at any time.
b) You receive a letter of credit from a foreign bank for advising to one of your customers
engaged in export trade but you are unable to verify the authenticity of the credit.
Solution : Article 9 Advising of Credits and Amendments
f. If a bank is requested to advise a credit or amendment but cannot satisfy itself as to the
apparent authenticity of the credit, the amendment or the advice, - it must so inform,
without delay, the bank from which the instructions appear to have been received.
- If the advising bank or second advising bank elects nonetheless to advise the credit or
amendment, it must inform the beneficiary or second advising bank that it has not been able
to satisfy itself as to the apparent authenticity of the credit, the amendment or the advice.
c) You are asked by your foreign correspondents to advise a credit to your customer. The
customer wants you to add your confirmation to the credit although the opening bank has not
specifically asked you to do so.
Solution : Article 8 Confirming Bank Undertaking
d. If a bank is authorized or requested by the issuing bank to confirm a credit but is not
prepared to do so, - it must inform the issuing bank without delay and may advise the credit
without confirmation.
d) Your bank has received an amendment advice from the letter of credit issuing bank for
advising it to the beneficiary. You find from your record that the original letter of credit was
advised through another bank, not your bank.
Solution : Article 9 Advising of Credits and Amendments
e. If a bank is requested to advise a credit or amendment but elects not to do so, - it must so
inform, without delay, the bank from which the credit, amendment or advice has been
received.
59. Discuss the responsibilityand rights of Opening Bank/ Issuing Bank under
confirmed L/C
According to UCP 600 - Article 7
Issuing Bank Undertaking
1. 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:
1. sight payment, deferred payment or acceptance with the issuing bank;
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2. sight payment with a nominated bank and that nominated bank does not pay;
3. 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;
4. 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;
5. negotiation with a nominated bank and that nominated bank does not negotiate.
2. An issuing bank is irrevocably bound to honour as of the time it issues the credit.
3. 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 purchased before maturity. An issuing bank's undertaking to reimburse a
nominated bank is independent of the issuing bank's undertaking to the beneficiary.
Right of issuing bank------
a. When a nominated bank acting on its nomination, a confirming bank, if any, or the
issuing bank determines that a presentation does not comply, it may refuse to honour
or negotiate.
b. When an issuing bank determines that a presentation does not comply, it may in its
sole judgement approach the applicant for a waiver of the discrepancies. This does not,
however, extend the period mentioned in sub-article 14(b)
c. When a nominated bank acting on its nomination, a confirming bank, if any, or the
issuing bank decides to refuse, it must give a single notice to that effect to the
presenter
The notice must state:
i. that the bank is refusing to honour or negotiate; and,
ii. each discrepancy in respect of which the bank refuses to honour or negotiate; and
iii. a) that the bank is holding the documents pending further instructions from the
presenter; or
b) the issuing bank is holding the documents until it receives a waiver from the
applicant and a gees to accept it, or receives further instructions from the presenter prior to
agreeing to accept a waiver; or
c) the link is returning the documents; or
d) the bank is acting in accordance with instructions previously received from the
presenter.
d. The notice required in sub-article 16 (c) must be given by telecommunication or, if
that is not possible, by other expeditious means no later than the close of-the fifth
banking day following the day of presentation.
e. A nominated bank acting on its nomination, a confirming bank, if any , or the issuing
bank may, after Providing notice requiring ring by sub-article 16(c) (iii) (a) or (b),
return the documents to the presenter at any time.
60. Discuss the duty and responsibility of Advising Bank/ Corresponding Bank
Correspondent bank (usually in the exporter's country) of an issuing bank (usually in the
importer's country) that receives a letter of credit (L/C) from the issuing bank for
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authenticating it and informing ('advising') the exporter (the L/C's beneficiary) that a L/C has
been opened by the importer in the exporter's favor
An advising bank (also known as a notifying bank)
advises a beneficiary (exporter) that a letter of credit (L/C) opened by an issuing bank for
an applicant(importer) is available.
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a. Unless a nominated bank is the confirming bank, an authorization to honour or
negotiate does not impose any obligation on that nominated bank to honour or
negotiate except when expressly agreed to by that nominated bank and so
communicated to the beneficiary.
b. By nominating a bank to accept a draft or incur a deferred payment undertaking, an
issuing bank authorizes that nominated bank to prepay or purchase a draft accepted or
a deferred payment undertaking incurred by that nominated bank.
c. Receipt or examination and forwarding of documents by a nominated bank that is not
a confirming bank does not make that nominated bank liable to honour or negotiate,
nor does it constitute honour or negotiation.
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.
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.
d. 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 38
Transferable Credits
a.A bank is under no obligation the transfer a credit accept to the extent and in the manner
expressly consented to by that bank.
b. For the purpose of this article: Transferable credit means a credit that specifically states it
is transferable. A transferable credit may be made available in whole or in part to another
beneficiary (second beneficiary) at the request of the beneficiary (first beneficiary).
Transfering bank means a nominated that transfers the credit or, in a credit available with
any bank, a bank that specifically authorized by the issuing bank to transfer and that transfers
the credit.An issuing bank may be a transferring bank. Transferred credit means a credit that
has been made available by the transferring bank to second beneficiary.
c. Unless otherwise agreed at the time of transfer, all charges (such as commissions, fees,
costs or expenses) incurred in respect of a transfer must be paid by the first beneficiary.
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d. A credit may be transferred in part to more than one second beneficiary provided partial
drawings or shipments are allowed. a transferred credit cannot be transferred at the request
of a second beneficiary to any subsequent beneficiary. The first beneficiary is not considered
to be a subsequent beneficiary.
e.Any request for transfer must indicate if andunder what conditions amendments may be
advised to the second beneficiary.The transfered credit must clearly indicate those
conditions.
f. If a credit is transfered to more than one second beneficiary, rejection of an amendment by
one or more second beneficiary does not invalidate the acceptance by any other seconds
beneficiary, respect to which the transfered credit will be amendment accordingly.For any
second beneficiary that rejected the amendment, the tramsfered credit will remain
unamended.The transfered credit must accurately reflect the terms and the conditions of the
credit, including confirmation, if any with the exeption of:
The amount of the credit,
Any unit price stated therein,
The expiry date,
The period for presentation, or
the latest shipment date or given periodfor shipment, If the name of the applicant is
specifically required by the credit to appear in any document other than the invoice, such
requirement must be reflected in the transfered credit.
h. The first beneficiary has the right substitute its own invoice and draft, if any, for those of
a second beneficiary for an amount not in excess of that stipulated in the credit,and upon
such substitution the first beneficiary can draw under the credit for the difference, if any,
between it is invoice and the invoice of a second beneficiary.
i. If the first beneficiary is to present it is own invoice and draft, if any, but fails to do so on
first demand, or if the invoices presented by the first beneficiary create discrepancies that
did not exist in the presentation made by the second beneficiary fails to correct them on
firstdemand, the transferring bank has the right to present the documents are as received
from the second beneficiary to the issuing bank, without further responsibility to the first
beneficiary.
j. The first beneficiary may, in it is request for transfer, indicate that honour or negotiation is
to be effected to a second beneficiary at the place to which the credit has been transfered, up
to and including the expiry date of the credit.This is without prejudice to the right of the first
beneficiary in accordance with sub-article 38 (h).
k. Presentation of documents by or on behalf of a second beneficiary must be made to the
transfering bank
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