A reader recently asked whether a confirming bank typically requires an issuing bank to incorporate protective clauses into a documentary credit before agreeing to add its confirmation. The question focused on clauses relating to sanctions compliance, force majeure, fraud or illegality, and country and transfer risk. This is an interesting practical question because, in international banking practice, confirming banks generally …

Banks occasionally issue letters of credit that exclude one or more provisions of UCP 600. However, merely excluding an article without explaining the intended consequence may create uncertainty for beneficiaries and banks handling the credit. The following question examines the effect of excluding articles 7(c) and 12(b) of UCP 600. Question Dear Mr. Old Man, An L/C contains the following …

A reader asked whether an Air Waybill (AWB) can be presented under a documentary credit where the goods move by air to the destination airport and then by truck to the applicant’s warehouse under DDP terms. The question raises an interesting distinction between what UCP 600 permits from a document examination perspective and what is normally achievable in practice. Question …

UCP 600 sub-article 12(c) makes it clear that the receipt, examination and forwarding of documents by a nominated bank do not constitute honour or negotiation. However, this raises an interesting question: if a nominated bank merely examines and forwards documents to the issuing bank without honouring or negotiating, is it still acting on its nomination? Pieter Muus raised this issue …

Một bạn đọc gửi câu hỏi về quy trình xử lý khi một Domestic L/C có sự tham gia của ngân hàng thông báo, ngân hàng được chỉ định và ngân hàng xác nhận. Đây là tình huống khá thú vị, nhưng cũng cho thấy sự khác biệt giữa lý thuyết và thực tế vận hành. Question Em chào anh …

Một bạn đọc gửi câu hỏi về trường hợp doanh nghiệp Singapore mở tài khoản tại ngân hàng Việt Nam và muốn sử dụng dịch vụ nhờ thu chứng từ theo URC 522. Đây là tình huống kết hợp giữa quy tắc quốc tế về nhờ thu và quy định quản lý ngoại hối của Việt Nam. Question Dear Mr. …

The question occasionally arises where both the applicant and beneficiary maintain accounts with the same bank. The applicant wants a usance LC, while the beneficiary wishes to obtain immediate funds by discounting complying documents. Can the issuing bank simply make the credit available with itself by negotiation? Question Hi Mr. Old Man, Can a bank issue an LC available with …

One of the most common misconceptions in documentary credit practice is that once an issuing bank nominates a bank to accept drafts or incur a deferred payment undertaking, that nominated bank is automatically obliged to perform that role. A reader recently raised an interesting question regarding credits available with a nominated bank by acceptance and by deferred payment. The answer …

One reader recently sent Mr. Old Man four questions about confirmed LCs. By the time he finished reading them, he realized they were not four questions at all, but at least fourteen! Since many trade finance practitioners encounter similar issues—particularly regarding a Confirming Bank’s obligation to honour or negotiate—Mr. Old Man decided to answer them all in one article. Hopefully, …

Trust Receipt financing is a common facility used in import trade, yet many practitioners still associate it exclusively with the bank’s control over the bill of lading or other title documents. But what happens when the bank no longer holds those documents? Can Trust Receipt financing still be granted? A reader recently raised this practical question.   Question Hi Sir, …