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AVAL OR AVALISATION

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QUESTION

Dear Sir

We are a new exporter. Currently we are supplying only 14 MT potatoes to Sri Lanka on contract basis (DA 07 days).

To reduce risk from next big shipment we like to be covered by pour Aval.

Our Question is:

1.How to establish Aval?

2. Do we have to mention Aval in our contract? If yes exactly what to mention on the sales contract?

3.Under Aval contract how will we be sure that buyer bank has guranteed our Bill of exchange?

4. Who will bear the Aval additional cost?

5. Is Avalization costly for Buyer?

All docs from our current shipment is attached for your study.

Regards

Maji

Trade World

Dhaka, Bangladesh
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ANSWER

Dear Maji,

Where import collection bills are drawn on usance terms, e.g., D/A 60 days sight, the remitting bank would authorize the release of the documents to the importer against acceptance, coupled with the importer’s bank avalisation of the bill of exchange.

If the exporter expects to deliver the documents to the importer against the latter’s acceptance avalised by the importer’s bank, this terms of delivery should be included in the remitting bank’s collection instructions to the collecting bank.

If the importer agrees to this terms of payment, it should be incorporated in the payment terms of the sale contract, e.g., 60 days D/A with Bill of Exchange to be avalised by the collecting bank.

Please note that the collecting bank may refuse to handle the collection with such delivery instructions. If so, the exporter may bear the risk of losing the physical possession of the goods as the goods have been shipped to the importer’s country. So, to avoid this problem, before signing the sale contract or before shipment, the exporter should request the importer to furnish the exporter with the importer’s bank confirmation that it is willing to avalise the importer’s acceptance.

A reputable bank’s avalisation will help guarantee the payment.

Who will bear avalization costs depends on the agreement between the exporter and the importer, but it is usually for the importer’s account as it is him that requests his bank to avalise the acceptance. This should be included in collection instructions.

Please approach your bank for detailed consultancy.

Good luck.

Mr. Old Man

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2 Comments

  1. Mrig

    December 24, 2015 at 7:45 pm

    Dear Sir,

    Kindly confirm if AVAL is applicable for Sight Collections also. Is there any clause which specifically restricts this or as a practice we don’t do it.

    Regards
    Mrig

    P.S : For all my doubts regarding LC, I rely on this site. Many thanks for the wonderful site

    Reply

    • mroldman

      December 25, 2015 at 4:14 pm

      Dear Mrig,
      Thank you for your compliment.
      AVAL is like a payment undertaking added to the usance bill of exchange by the collecting bank.
      I think AVAL is NOT applicable to sight collections (i.e. D/P).
      As implied by the term “Documents against Payment” which means no money, no documents, in acordance the remitting bank’s instructions, the collecting bank will release the documents to the drawee only when receiving the payment from the drawee and will remit the proceeds as per the remitting bank’s instructions same day or in one or two banking days. So, there’s no need for sight draft to be avalized by the collecting bank.
      Sorry but there is no clause or article in URC 522 dealing with avalization.
      Kind regards,
      Mr. Old Man

      Reply

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