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DOCUMENTS PRESENTED DIRECTLY TO THE ISSUING BANK

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QUESTION

Dear Mr. Old Man,

The issuing bank do not process the documents presented directly from L/C's beneficiary. They are return the document to BEN and requested to present the documents through the advising bank.

I don't think the bank was right in this matter; please give me your idea/instruction for this

Awaiting your feedback as soon as possible.

Thanks and best regards,
TH
——–

ANSWER

Hi,

According to sub-article 6 (a) UCP 600, a credit available with a nominated bank is also available with the issuing bank. So, the beneficiary may present the documents directly to the issuing bank bypassing the nominated bank. However, if this is the case, the issuing bank would be entitled to seek certain assurances prior effecting payment, e.g., to contact the named nominated bank (in case of restricted letter of credit) to ensure that no other drawing has been made which conflict with the presentation made directly to the issuing bank, or to request the beneficiary to present the original letter of credit to check if any related drawing has been made.

Unless the credit excludes sub-article 6 (a) UCP 600 and/or stipulates that the documents must be presented to the issuing bank through the advising bank, the fact that the issuing bank returns the documents received and requests the beneficiary to re-present the documents through the advising bank is not in accordance with the spirit of ICC opinion R518/TA519, and hence, not acceptable

What if by the time the beneficiary receives the documents returned by the issuing bank, the letter of credit has expired or the period of presentation is over?

Anyway, the isuing bank must honour the comlying documents irrespective of whether or not the beneficiary agrees to re-present the documents through the advising bank.

Kind regards,
Mr. Old Man

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2 Comments

  1. anonymous

    August 29, 2013 at 9:08 am

    Anonymous writes:"if this is the case, the issuing bank would be entitled to seek certain assurances prior effecting payment, e.g., to contact the named nominated bank (in case of restricted letter of credit) to ensure that no other drawing has been made which conflict with the presentation made directly to the issuing bank," I understand your explanation. The question is that by which way issuing bank could avoid this risk, meanwhile they still do not violate the sub-article 6 (a) UCP 600?

    Reply

  2. mroldmanvcb

    August 29, 2013 at 4:08 pm

    Exactly.

    Reply

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