Thư tín dụng hết hạn khi ngân hàng ngừng hoạt động vì bất khả kháng: Thanh toán hay từ chối? Phân tích Điều 36 UCP 600 từ một thảm họa thực tế Nguyễn Hữu Đức Tóm tắt Các sự kiện bất khả kháng như thiên tai, chiến tranh, khủng bố có thể buộc ngân hàng phải ngừng hoạt động, làm gián đoạn việc xuất trình và xử lý chứng từ theo thư tín dụng (L/C). Điều 36 UCP 600 quy … Read More
Mr. Old Man đi xem phim Mưa đỏ Hôm nay, nhân lễ kỷ niệm 80 năm Quốc khánh 2/9, cả nhà Mr. Old Man rủ nhau đi xem Mưa đỏ – bộ phim đang làm nóng rạp chiếu và nghe đâu còn “hot” hơn cả Địa đạo của Bùi Thạc Chuyên mà Mr. Old Man đã xem hồi tháng Tư. Mưa đỏ do nhà văn Chu Lai viết … Read More
Understanding UCP 600 Sub-article 30(c) – The 5% Tolerance Rule Intro Article 30(c) of UCP 600 looks short, but it’s one of those rules that makes bankers and traders scratch their heads. Let’s unpack sub-article 30(c) together, with an example to make it real. _____ QUESTION Hi, Article 30(c) of UCP 600 states: Even when partial shipments are not allowed, a tolerance not to exceed 5% less than the amount … Read More
Can the Issuing Bank Raise the Same Discrepancy Again? Sometimes in LC practice, the simplest questions open the door to tricky details. Here’s one of those situations: a beneficiary fixes most discrepancies but forgets one. Can the issuing bank bring up that same old discrepancy again? Let’s see. ____ Question (from Chanchal): Dear Sir, Simple question. If the issuing bank sent advice of refusal to the negotiating bank with … Read More
Stolen BLs and Blank Endorsements: Can a Thief Really Claim the Goods? Intro: In trade finance, order bills of lading blank-endorsed are powerful documents—they can pass title simply by delivery. But what if one is stolen? Could a thief fill in a name above the blank endorsement and walk away with the cargo? This question gets to the heart of document security, carrier responsibility, and the limits of what a thief can … Read More
Accepted Drafts under LC: Keep Them, Return Them, or Forget Them? – Roshani asks, Mr. Old Man answers – When it comes to letters of credit available by acceptance, one of the classic debates is: what happens to the draft once it’s accepted? Some bankers insist it should go back to the beneficiary as proof, others shrug and say the bank’s SWIFT message is more than enough. Throw in a few … Read More
Is $0.01 Overdrawn a Discrepancy? Intro In trade finance, documentary checks often come down to decimals. A difference of just 0.01 in the presented invoice total versus the LC amount may seem trivial, but banks operate under strict rules of compliance. The following Q&A looks at whether such a minor discrepancy should be considered a valid discrepancy under UCP 600 and banking practice. QUESTION Dear … Read More
LC Available by Negotiation vs LC Available by Payment: What’s the Difference? Intro In trade finance, the little phrases in an LC like “available by negotiation” or “available by payment” can make a world of difference to the beneficiary. While both are standard availability options under UCP 600, they don’t work the same way in practice—and sometimes, banks issue LCs with unusual terms that leave the beneficiary puzzled. __________ QUESTION Dear Mr. … Read More
FOB, CFR, CIF vs. Container Shipments: Why Theory and Practice Don’t Always Match Intro Dear friends, one of the recurring debates in Incoterms is whether FOB, CFR and CIF should ever be used for containerized shipments. The theory says “no,” but in practice, traders and banks keep using them every day without issue. Let’s look at why the theory clashes with practice, and what happens with FCL and LCL cargoes. _________ Question One … Read More
LC Amendment at the Last Minute: Can an Overdrawn Invoice Still Be Covered? Intro Dear friends, sometimes in trade finance we face the “extra cargo” problem: the ship takes a little more than expected, the invoice comes out higher than the LC value, and the documents are presented. The question is—can the LC still be amended at this stage? Let’s unpack this based on UCP 600 and ICC practice. _______ Question Sir, What … Read More