Home Uncategorized LC AT SIGHT VS DP

LC AT SIGHT VS DP

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Dreamwoods's Query
Explain L/C at sight in English

I have to explain L/C at sight to my customer in English, who can help?
The define, how to operate,and what the application have to paid for it, and when the money cut from their account.

Also, the different with D/P on paid and paid time for the importer.
Anyone can help me?

——————-
Mr. Old Man's Response
LC at sight versus D/P

Dear Dreamwoods,

LC at sight has two types: (i) LC available by negotiation of draft at sight i.e., (sight) negotiation LC; and (ii) LC available by sight payment; i.e., (sight) payment LC.

For the former, the beneficiary may obtain the payment right at the time of presentation by negotiating the sight draft and the documents with the nominated bank. The issuing bank must pay/reimburse upon receipt of the complying documents.

For the latter, the beneficiary is paid at sight, i.e., right at the time the complying documents (sight draft not required) are presented to the issuing bank or the nominated bank.
Of course in both cases, the issuing bank/nominated bank has five banking days from the day of receipt the documents to examine the documents and determine if they are complying with the LC.

Normally the issuing bank will debit the applicant/buyer's account right at the time the payment/reimbursement is made to the beneficiary/negotiating bank.

The main difference between payment by LC at sight and payment by D/P is as follows:

With payment by LC sight (subject to UCP 600), the beneficiary has a guarantee of payment by the issuing bank provided the documents presented are complying, whereas with D/P (subject to URC 522), the beneficiary is paid only when the buyer agrees to take up the documents. In the event for some reason, e.g., the price of the goods falls down and the buyer does not want to receice the goods and hence refuses to take up the documents, the collecting/presenting bank may hold the documents at the remitting bank's disposal and risks or return them to the remitting bank or the principal (buyer).

The beneficiary (seller) normally prefers the payment to be effected by LC as said the payment is guaranteed by the issuing bank and is to be effected at sight when the complying documents are presented, whereas the buyer prefers D/P as said the buyer may refuse the documents or delay taking up the documents/payment until the goods arrive at destination port.

The above is just an explanation in brief. You should read more to explain to your customers.

Best regards,
Nguyen Huu Duc …

19 Comments

  1. IEDoubter

    December 20, 2010 at 12:12 pm

    Hello Mr. Nguyen,How do I post new query to you in this site?

    Reply

  2. IEDoubter

    December 20, 2010 at 12:12 pm

    Hello Mr Old Man,I have heard that while importing into India: if the cargo shipment source port country does not match the commercial invoicing country then importer will face issues clearing the cargo from the customs. Could you please throw some light on this – any reasons,workarounds, advise on the same?Thank you very much,IE doubter

    Reply

  3. mroldmanvcb

    December 20, 2010 at 3:12 pm

    Dear IE Doubter,Sorry but I’m not an Indian. Yet, I relay your question to my friend in India for his answer.Send your question to my email: [email protected] and I'll answer and post it onto my blog for further comments if any from other experts.Best regards,Mr. Old Man

    Reply

  4. anonymous

    December 21, 2010 at 12:12 pm

    IE Doubter writes:Thank you – appreciate it.At least from your mail it seems that this problem is India specific i.e. it is not there in the market where you have exposure?I hope your Indian friend can help me on this.

    Reply

  5. mroldmanvcb

    December 21, 2010 at 1:12 pm

    Dear IE Doubter,Below is the response from India——————————–Dear Sir, So far I know, Customs require to match the country of origin mentioned in the Country of Origin (COO) Certificate and Invoice for two reasons : i. To check if there is a bar on COOii. To check if there is any duty concession or additional duty to be paid for a particular COO. There are some cargo where this does not apply and hence COO is not important and not required. As regards ports the port can be any country but then COO should be submitted if the port of shipment is in different country. The detail procedure can be forwarded but only it will take some time say by next week. Regards D Sinha

    Reply

  6. anonymous

    December 22, 2010 at 1:12 pm

    IE Doubter writes:Hello Mr.Old Man,The points i. and ii. simply explain the sigificance of COO (which is unarguably a must-have export document esp if COO and port of shipment are different).They dont answer the actaul question: why COO country is matched with Invoicing country (at least to me..).Thank youIE Doubter

    Reply

  7. abrar2

    December 22, 2010 at 7:12 pm

    You might want to explore this link from the Government of India Ministry of Commerce and Industry Department of Commerce: http://www.infodriveindia.com/content/exim/dgft/exim-procedures/2009-2014/exim-procedure2009-2014.pdf Having gone through it, I have not come across any requirement which stipulates that the country of shipment must be consistent with the country of exporter

    Reply

  8. anonymous

    December 23, 2010 at 1:12 pm

    IE Doubter writes:Hello Abrar,Thats true. Now I dont where to search foe this infomation or verify if its actually true.Thank you,IE Doubter

    Reply

  9. mroldmanvcb

    December 24, 2010 at 1:12 pm

    IE Doubter,Hope the below answer from D. Sinha satifies you:——– There is absolutely no restriction whatsoever in respect of country of origin and port of shipment and any sort of mismatch shall not come on the way for proper assessment.However, in respect of goods where antidumping duty or safeguard duty is imposed assessing officers should be satisfied with the "originated in / export from" conditions before final assessment. Hope this meets your answer. Regards D Sinha

    Reply

  10. anonymous

    December 25, 2010 at 1:12 pm

    IE Doubter writes:Thank you to Mr. Old Man and Mr.Sinha.Unfortunately doubt prevails as no mention of invoicing country in response.As an eg.COO: CanadaPort of Shipment: CanadaInvoicing country(Me as middleman): SingaporeDestination port: India.My client in India claims he has faced issued when Port of Shipment and Invoicing country not the same.Please shed your experiance on the same.Thank you,IE Doubter

    Reply

  11. mroldmanvcb

    December 26, 2010 at 11:12 am

    As the first beneficiary, you have the right to substitute your own invoice showing invoicing country as yours. Not sure if your client's claim is true.

    Reply

  12. Jenny

    October 11, 2016 at 8:35 am

    Hi Mr Nguyen, I would like to see more of new posts in this site.

    Reply

    • mroldman

      October 11, 2016 at 9:01 pm

      There have been nearly 1000 posts already. Keep on reading the old posts and there will be new ones.

      Reply

  13. m3mpower

    April 21, 2017 at 4:58 pm

    Hi Mr Old Man

    Could you explain what is LC Irrevocable?
    Also, you say the issuing bank has 5 bank days to examine the documents, but after that, how long does the issuing bank have to pay the beneficiary’s bank ?

    Thank you in advance

    Reply

    • mroldman

      April 21, 2017 at 6:37 pm

      I am in abroad. So, just quick answer.
      LC cannot be amended or cancelled without the agreement of the issuing bank, the confirming bank if any and the beneficiary. That is to say the issuing bank’s payment undertaking is irrevocable. It cannot cancel its payment undertaking under the L/C.

      Theoretically the issuing bank must honor when documents comply. Though it has 5 banking days to determine the compliance of the documents, the issuing bank may honor on the 2nd banking day or the 3rd banking day after receipt of complying documents, but normally not later than the 7th banking days.

      Reply

      • m3mpower

        April 24, 2017 at 4:46 am

        Hi Mr Old Man
        Thank you for your reply.
        But is Irrevocable at sight or not ? or is there various options?
        Also, what is the difference between confirmed and not?
        Also, it cannot be cancelled without agreement of issuing bank, confirming bank and beneficiary, but what about beneficiary’s bank ?
        What happens if LC is open, then customer asks the beneficiary to cancel the LC?

        Thank you

        Reply

        • mroldman

          May 1, 2017 at 8:47 pm

          As said it must be agreed by the beneficiary , the issuing bank and the confirming bank (if any). If these concerned parties ok to the cancellation and confirm their agreement then the L/C is deemed to be cancelled.

          Reply

  14. Xender

    October 10, 2017 at 11:14 pm

    sir.

    i want to know, if the documents on DP term as sent with clear instruction to release only against Payment.
    if the collecting bank has released all shipping documents along with endorsed in favor of consignee without collecting payment (good faith).

    what are the obligations and responsibilities of the collecting bank ?

    can Remitting bank (Seller Bank) claim from the Collecting Bank (Buyer)? if yes.

    please advise for platform?

    Reply

    • mroldman

      October 11, 2017 at 9:58 am

      Hi,

      URC 522 clearly articulates the responsibilities of a collecting bank when handling a collection subject to those rules.
      If the instruction is to deliver documents against payment and the collecting bank has delivered without obtaining payment from the drawee, it is responsible for payment of full amount.

      ICC ever gave an opinion on a similar case where the collection instruction was to deliver documents against payment, but the collecting bank has released the documents against partial payment without authorization from the remitting bank. ICC concluded that the collecting bank is responsible for payment of the remaining amount (R612/TA551rev).

      Kind regards,
      Mr. Old Man

      Reply

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