LC REQUIRING PRESENTATION OF 3/3 ORIGINAL NON-NEGOTIABLE BILL OF LADING QUESTION Dear Mr. Old Man, Happy Lunar New Year! We have a question related to the bill of lading as follows, I hope to receive your advice: Field 46A (Documents required) stipulates: FULL SET OF CLEAN ON-BOARD OCEAN BILL OF LADING IN 3/3 ORIGINAL NON-NEGOTIABLE, MADE OUT TO THE ORDER OF PT. BANK MANDIRI (PERSERO) TBK., MARKED FREIGHT PREPAID, … Read More
SHOULD THE CONCEPT OF “NEGOTIATION” CONTINUE TO EXIST IN THE UCP? Nguyen Huu Duc The recent UCP revision process has had debates on the question “Should the concept of “negotiation” continue to exist in the future UCP revision?”. Some experts believe that ICC should remove the type of letter of credit available by negotiation from the upcoming UCP revision, while many experts believe that the concept of “negotiation” should continue to … Read More
LIỆU KHÁI NIỆM “CHIẾT KHẤU” CÓ NÊN TIẾP TỤC TỒN TẠI TRONG UCP? Về vấn đề chiết khấu (negotiation) trong giao dịch thư tín dụng, gần 20 năm trước Mr. Old Man đã có nhiều bài viết đăng trên các tạp chí ngành tài chính – ngân hàng như: Bàn về vấn đề chiết khấu trong giao dịch thư tín dụng (Tạp chí Ngân hàng số 10 tháng 5/2007); Bàn về thuật ngữ … Read More
CAN THE ISSUING BANK AUTHORIZE THE REIMBURSING BANK TO REIMBURSE DIRECTLY TO THE BENEFICIARY’S ACCOUNT? QUESTION Dear Mr. Old Man, I ‘d like to ask you about rules or practice related to settlement process to beneficiary as follow: Related parties in the LC: Bank A: as issuing bank Bank B: as presenting bank Beneficiary C in the LC Can bank A remit directly to beneficiary C‘s account rather than transfer to bank B’s account indicating … Read More
CAN AN AIR WAYBILL BE ISSUED TO ORDER BLANK ENDORSED? Intro In documentary credit practice, it is not uncommon to see LC requirements drafted with a strong “bill of lading mindset”, even when the mode of transport is air. One such recurring requirement is the presentation of an air waybill issued “to order” and blank endorsed. This raises an important question: Is such a requirement correct, and does it make … Read More
WHETHER A DUPLICATE INSURANCE DOCUMENT IS TREATED AS AN ORIGINAL QUESTION Dear Mr. Old Man, So sorry to keep asking your opinion of these matters sir but can you please give me any suggestions when an applicant requests a duplicate insurance policy in the LC itself. So my question is: Is duplicate insurance policy even valid and can be used to make claims if need be? What about the original … Read More
BANK GUARANTEE: THE STATEMENT MAY BE IN THE DEMAND OR IN A SEPARATE DOCUMENT ACCOMPANYING THE DEMAND QUESTION Hi Mr. Old Man. A guarantee stipulates following conditions(part): The guarantor will pay beneficiary on receipt of XXX’s written demands made to the Bank stating that in XXX’s opinion the Vendor (a) fails to observe, perform or discharge any of its obligations under the Order or (b) becomes insolvent, bankrupt or go into liquidation or otherwise put in a … Read More
CAN THE FIRST BENEFICIARY REQUEST TO TRANSFER THE LC FOR AN AMOUNT LOWER THE ORIGINAL AMOUNT? QUESTION Hi Mr. Old Man. I would like to seek your professional opinion. Master LC amount USD770,000 47a show invoice amount USD1,070,000,USD770,000 paid by LC,USD300,000 prepayment. First beneficiary request transfer LC, transferred LC amount USD720,000 47a show invoice USD800,000,USD720,000 paid by LC,USD80,000 prepayment. Can the advising bank accept the first beneficiary ‘s request? Thanks!! Kevin — ANSWER Hi, According to … Read More
CAN AN SBLC BE ISUED IN FAVOUR OF MORE THAN ONE BENEFICIARIES? QUESTION Dear Mr. Old Man, Our customer (ABC, Singapore) has a draft SBLC to be issued in their favour and the applicant’s name is XYZ, Taiwan. No other special instruction stated in the SBLC. In the event of default of payment by applicant, the beneficiary will activate this SBLC to claim on the issuing Bank. Our customer is asking if … Read More
WHETHER AN INSURANCE DOCUMENT CAN INDICATE THAT COVER IS SUBJECT TO A DEDUCTIBLE CLAUSE QUESTION Dear Mr. Old Man, LC requires: FULL SET OF ORIGINAL INSURANCE POLICY/CERTIFICATE IN ASSIGNABLE FORM AND ENDORSED IN BLANK FOR 110PCT SHIPMENT VALUE, COVERING ALL RISKS, SHOWING CLAIM PAYABLE IN VIETNAM IN INVOICE CURRENCY AND SHOWING TOTAL NUMBER OF ORIGINALS ISSUED. The presented insurance policy shows: DEDUCTIBLE: 0.3% OF THE SUM INSURED OF THE WHOLE CONSIGNMENT. Can we raise … Read More