ENDORSEMENT OF DRAFTS UNDER A LETTER OF CREDIT – WHO OWNS THE PROCEEDS QUESTION Dear Mr. Old Man, I have 2 questions that need your expertise clarification: 1/ Does the act of endorsement of drafts by the LC beneficiary to presenting bank mean the transfer of beneficial right? 2/ Must the beneficiary endorse the draft to the presenting bank to authorize it to claim reimbursement/payment from the issuing bank? Thank you so much … Read More
DOCUMENTS PRESENTED UNDER AN EXPIRED L/C QUESTION Hi Mr. Old Man, Our bank presented documents under a Letter of Credit that had already expired. The issuing bank replied, saying that since the L/C had expired, they would treat the documents as a collection. Two weeks later, they messaged again to say they had released the documents to the applicant upon acceptance, and payment would be made … Read More
THE KIDS OF TRUONG DINH — A Bicycle, a Field, and a Moment in Time — A Chance Encounter Exactly ten years ago, I pedaled into Truong Dinh Hamlet and stumbled upon a group of kids playing tag on a rice field, freshly cleared after harvest. Curious Eyes and a Light Bike When they saw a stranger stop his bicycle by the roadside, their curiosity … Read More
WHO PAYS THE DISCOUNTING CHARGES IN A DEFERRED PAYMENT LC? QUESTION Hi, An LC for USD 1,000,000 is issued with these key terms: Usance LC: 180 days from date of negotiation 41D: Available with any bank in the beneficiary’s country by negotiation 71D: All charges are on account of the applicant The beneficiary asks the negotiating bank to discount the bill at 3% per annum. Who is responsible for paying … Read More
COURT INJUNCTION TO SUSPEND L/C PAYMENT QUESTION Dear Mr. Old Man, Our bank issued a deferred payment L/C. The documents presented were fully compliant. Upon confirming compliance, our bank incurred its deferred payment undertaking and notified the foreign bank accordingly. The buyer accepted the obligation to pay on the due date and received the documents to collect the goods. However, when the goods were received, they … Read More
FUN BIKING MOMENTS IN AMSTERDAM With a population of around 17.4 million people and a staggering 25 million bicycles, along with a world-class cycling infrastructure, the Netherlands rightfully holds the title of the number one cycling nation in the world. Amsterdam, the capital city, truly is a cycling paradise where bikes seem to dominate the streets. In Amsterdam, you’ll see cyclists enjoying absolute freedom — … Read More
PARTIAL PAYMENT ON DISCREPANT DOCUMENTS QUESTION Dear Mr. Old Man, The presenting bank submitted documents under a documentary credit to the issuing bank for payment. However, the documents were found to be discrepant, and the issuing bank rightfully refused them and notified the applicant. The applicant later informed the issuing bank that he was willing to pay only 50% of the claimed amount. In this … Read More
MISSING ĐÔNG GIANG – A JOURNEY OF MEMORY AND MOUNTAIN ROADS By Mr. Old Man Getting lost, but finding a bond I still remember my first time, about ten years ago, when I biked to Ngầm Đôi. On the way back, sun-drunk and disoriented, I somehow ended up all the way in Đông Giang. That “accidental” detour turned into a quiet bond. Every now and then, the memory calls me back—back … Read More
The Third Return to the Lost Village The gate of Vân Village. A place of memories beneath Hải Vân Pass I still call Hòa Vân leprosy village – or simply Vân Village – nestled at the foot of Hải Vân Pass, “the lost village.” Today, it’s little more than a ruin: crumbling houses, moss-covered walls, and weeds reclaiming the ground. Nearly a decade ago, with support from … Read More
WHETHER THE ISSUING BANK CAN PREPAY OR PURCHASE ITS OWN ACCEPTED DRAFT OR ITS OWN DEFERRED PAYMENT UNDERTAKING QUESTION Dear Mr. Old Man, Hope this mail finds you well. I have a question that needs your expertise clarification: Can the issuing bank prepay or purchase its own accepted draft or its own deferred payment undertaking under UCP 600 sub-article 12(b)? Thank you. Frank —— ANSWER Hi Frank, UCP 600 Article 12(b) permits a nominated bank that has accepted … Read More