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DEDUCTION OF DISCREPANCY WITHOUT GIVING NOTICE OF REFUSAL

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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

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2 Comments

  1. Phuong Mai

    January 18, 2019 at 9:59 pm

    If our bank (issuing bank) sent MT756 and MT202 at the same time to the presenting bank (still within 5 working days after the date of receiving docs), is is correct? or we must send MT799 or MT734 before getting the applicant’s waiver for discrepancies? Incase, we sent MT 799 or MT734, and then the applicant accept the docs and made payment, is necessary for our bank to send MT202 and MT756 at the same time?

    Reply

    • Mr Old Man

      January 22, 2019 at 2:57 am

      MT 756 is sent by the issuing bank to the bank from which it has received documents or by the reimbursing bank to the bank from which it has received a reimbursement claim. It may also be sent by the bank nominated to pay/accept/negotiate/incur a deferred payment undertaking to the bank from which it has received documents.

      MT 756 is used to advise the Receiver about reimbursement or payment, to that bank, for a drawing under a documentary credit for which no specific reimbursement instructions or payment provisions were provided.

      When the issuing bank decides to pay or reimburse, MT 202 and MT 756 can be sent at the same time.

      If the documents contain discrepancies the issuing bank decides to refuse the documents pending the applicant’s waiver, it may send MT 734 to the presenting bank advising of the same.

      If the documents contain discrepancies and the applicant agrees to waive the discrepancies before the issuing bank MT 734 to the presenting bank and the issuing bank accepts the waiver, there’s no need for the issuing bank to send MT 734 unless it wants to earn discrepancy fee.

      Reply

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