ICC Opinion TA 952 (still under discussion) raises an interesting issue: two open-ended guarantees issued in 2007, subject to URDG 458 and French law. The underlying obligations are confirmed as fulfilled, but the beneficiary no longer exists. The questions are whether URDG 758 has any effect and, more importantly, how such guarantees can be cancelled. This reminded me of a …

Intro Banks often face questions where documents show multiple modes of communication—fax, email, courier—and applicants or beneficiaries wonder which one prevails. Priya brings us a classic case: LC requires Shipment Advice by email, but the document mentions fax as well. Let’s untangle this. QUESTION Dear Mr. Old Man, LC requires Shipment Advice to be sent via email to the insurance …

Intro Invoices are always a hot spot in LC presentations. Readers often ask me whether certain “extras” on an invoice might cause problems under UCP 600. Recently, Priya sent me a good one: handling charges. Let’s see how this plays out. QUESTION Dear Mr. Old Man, I came across an invoice where the goods are kitchen equipment. The invoice gives …

Intro FOB is one of the most familiar trade terms in Incoterms® 2020. By the book, it’s always the buyer who arranges and pays for the vessel. But trade practice often colors outside the lines. A reader recently asked whether it’s possible for the beneficiary (seller) to be the charterer under an FOB sale. Let’s unpack this scenario. _________ Question …

Intro In trade finance practice, LC confirmations can sometimes get tricky—especially when MT 710 is involved, and the fields seem to give mixed signals. One reader sent in a great case about an MT 710 with “adding our confirmation” in Field 40B, but “without” in Field 49. Let’s walk through the logic step by step. ________ Question Dear Mr. Old …

In trade finance, life is rarely as straightforward as the manuals suggest. Real transactions often bring up situations that don’t quite fit the “standard” rules. One such puzzle is deciding whether an LC payment should go out via MT202 (bank-to-bank transfer) or MT103 (customer credit). The following Q&A, based on a real-life case in Vietnam, illustrates how to untangle this …

Intro One common question in documentary credit practice is whether a beneficiary can bypass the nominated bank and present documents directly to the issuing bank. This situation often arises close to expiry dates, during holidays, or in domestic LCs. But once the documents land on the issuing bank’s desk, another set of questions follow: how does the issuing bank handle …

In documentary credit practice, a recurring question is whether a bill of lading must be issued at the port of loading or even in the country of shipment. With today’s centralized carrier systems and documentation hubs, the place of issuance may be far away from the actual port. But does this matter under UCP 600? Let’s see. ___ QUESTION Hi, …

In documentary credit operations, one of the recurring issues is when the presented commercial invoice shows an amount higher than that permitted under the letter of credit. Should the bank pay the full invoice value or restrict payment to the LC amount? Sub-article 18(b) of UCP 600 provides important guidance in this regard. Question Dear Mr. Old Man, We appreciate …

Intro In documentary credit practice, banks deal not with common sense but with strict compliance. Even if a document seems more reliable than what was asked for, the key question remains: does it match the LC conditions exactly? Question An L/C stated in Field 47A: “AT LEAST 14 DAYS DEMURRAGE AND DETENTION FREE AT DESTINATION TO BE CONFIRMED ON B/L …