Mr Old Man Q&A DEDUCTION OF DISCREPANCY WITHOUT GIVING NOTICE OF REFUSAL By Mr Old Man Posted on December 26, 2018 2 min read 2 0 3,471 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUESTION Dear Mr. Old Man, On behalf of the beneficiary we made presentation to the issuing bank for payment. The issuing bank paid and sent us an MT910 (Confirmation of Credit) stating that USD100 being discrepancy fee was deducted. The issuing bank had not sent us its notice of refusal. I want to know whether the issuing bank was correct when deducting the discrepancy fee without giving their notice of refusal? Thank you. Y.M —- ANSWER Hi, It is recognized that issuing banks would honour the discrepant documents without giving its notice of refusal and that they would also deduct discrepancy fee when effecting payment or reimbursement and advise the same to the presenting bank or the nominated bank by sending an MT 756 (Advice of Reimbursement or Payment) which also includes information about specific discrepancies and the fee deducted. In response to a query similar to yours, ICC stated that an issuing bank is required to indicate the discrepancies in its advice of taking up the documents, and especially where an indication of the deduction of a discrepancy fee is given. Please refer to TA700 (R741) and TA795rev for full opinions. Conclusion: The issuing bank in question was not correct when deducting the discrepancy fee without giving its notice of refusal or without indicating specific discrepancies in its confirmation of credit. Kind regards, Mr. Old Man
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?