QUERY FROM WARLORD9609
Hi mr old man,
Listen please, I tried to write a new blog in your forum but I dont know how to write a new post.
would you please help me in LC, its simple for you I think, but for me its not
It would be appreciated if you can reply me asap, ty.
LC from Sudan.
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MT : 710
Sender : Bank S, Qatar
Receiver : Bank C, UAE
Form of Documentary Credit : Irrevocable Transferrable
Adding our Confirmation
Applicable Rules UCP latest version
Date & Place of Expiry 100421 – Qatar
Issuing Bank Bank U, SUdan
Issue date 15.03.2010
Applicant ABCD, Sudan.
Beneficary XYZ, UAE
Available with Bank S By def Payment
360 days from B/L date
Latest Date of Shipment 100331
Description of goods Cars, LCD.
Delivery terms :CFR Portsudan Sea Port as per Incoterms2000
Documents required :
1) Signed Commercial Invoice in 3 originals.
2) Full set Clean shipped of Board shipping co.
Additional Conditions :
1) Insurance covered Locally by buyer.
2) Bill of Lading Issued or Signed by N.V.O.C.C and/or Freight forwarder are not acceptable, Article 14 D is not applicable in this credit.
3) All documents must mention the LC Number.
4) Third party documents acceptable.
5) Any documents presented at out counters on approval/collection and/or with discrepancies will be subject to acceptance of ourselves and or applicant, and shall charge usd.100 from proceeds.
6) All documents must be forwarded to us through the negotiating Bank and not directly from the beneficiary.
7) Our confirmation charges of USD.153,000/- are on beneficiary account.
8) Any transfer under this letter of credit is to be approved by the issuing Bank and the confirming Bank and this approval is to be conveyed by ourselves.
Field 49 Confirmation Instructions ( Without).
Field 78 instr to payg/aceptg/negotg Bank : we Bank S add our confirmation to the captioned Letter of Credit, and undertake to honour negotiating Bank claim (s) in accordance with their instructions on due date provided that all documents presented at our counters are in strict compliance with this LC terms and conditions.
Field 72 : This Lc is subject to UCPDC (1993 revision) ICC No.500.
Guys, the beneficiary came into our counter requesting us to be available with Bank because the confirming bank does not want to negotiate it, the confirmation bank wants only to add confirmation,from My side I see there is no problem, but I what to know your comments, and my main question is ( would you negotiate LC MT710 even though its confirmed by other Bank that is not you?
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COMMENT
Dear old friend,
It turns out to be that you are a member of www.letterofcreditforum.com .
Welcome to Mr. Old Man’s blog! Hope you’ll find it interesting and helpful.
If you want to lo post your comments to blogs on myopera.com you must be a member of http://myopera.com. You seems to have been a member of myopera.com already.
Regarding your question, I wish to answer as follows:
The captioned LC is available with the confirming bank (Bank S) by deferred payment 360 days from BL, so in this case, only the confirming bank is authorized to prepay or purchase a draft accepted or a deferred payment undertaking incurred by the confirming bank. Please refer to UCP 600 sub-article 12 (b), which says “ By nominating a bank to accept a draft or incur a deferred payment undertaking, an issuing bank authorizes that nominated bank to prepay or purchase a draft accepted or a deferred payment undertaking incurred by that nominated bank”.
Notwithstanding the confirming bank’s reimbursement undertaking in Field 78 that they will undertake to honour negotiating Bank claim (s) in accordance with their instructions on due date provided that all documents presented at our counters are in strict compliance with this LC terms and conditions, it is prudent and wise for your bank to accept to purchase the deferred payment undertaking only after:
1) Bank S has incurred its deferred payment undertaking.
2) Bank S has authorized your bank to purchase its deferred payment undertaking.
However, if the beneficiary is a reliable customer in term of financial standing and creditworthiness, your bank may decide to negotiate the documents on a with recourse basis whether or not the confirming bank has incurred its deferred payment undertaking.
By the way, it seems that the LC is issued improperly:
1) Field 41A specifies LC is available with Bank S by deferred payment, whereas in Field 78 the confirming bank undertakes to honour negotiating Bank claim (s) in accordance with negotiating bank's instructions on due date provided that all documents presented at their counters are in strict compliance with this LC terms and conditions.
2) Field 40E (Applicable Rules) specifies UCP latest version, whereas Field 72 says “This is subject to UCP DP (1993 revision) ICC No. 500”.
Please note that with regard to discounting deferred payment undertaking, under UCP 500 the nominated bank is not allowed to prepay or purchase its own deferred payment undertaking, whereas UCP 600 turns green light for the nominated bank to do so. Please refer to Banco Santander case.
Best regards,
Mr. Old Man (Nguyen Huu Duc) …
anonymous
April 29, 2010 at 10:04 pm
Vijaya Kumar writes:Dear Old Man,Thanks a lot for your immediate reply, this is appreciated ^^
kokonut81
May 6, 2010 at 8:05 pm
Dear Mr. Old Man, May you give ur opinion on this.. If the advising bank request for LC amendment to state "credit to be available with ABC bank (advising bank) by deferred payment 30 days from BL date" and the LC was opened without confirmation, then wld my bank have authorized ABC bank to prepay or purchase a draft accepted or incur a deferred payment undertaking?If yes, what wld be the risks involved. If not, then why wld the advising bank wish to do this, rather than the usual " credit to be available with any bank for negotation" Appreciate your advice on this. Thanks lots.
mroldmanvcb
May 7, 2010 at 8:05 am
Hi,* The nominated bank that has acted its nomination, i.e., incurred a DPU and paid at maturity, shall be entitled to reimbursement from the issuing bank if the documents forwarded to the issuing bank constitutes a complying presentation. The nominated bank that has incurred a DPU and paid at maturity (including prepaid before maturity may bear the risk of non-reimbursement from the issuing bank in the following scenarios:- Documents forwarded to the issuing bank are not complying; – The issuing bank is unable to pay due to various reason, e.g., bad financial standing.* The advising bank wants the LC to be restrictedly available with them as they will have the opportunity to benefit from services that they provide to the beneficiary:- Documents are normally to be presented at their counter, so they can earn handling fees.- As a nominated bank under a deferred payment LC, the nominated bank is authorized to prepay or purchase its own DPU and fully protected under UCP 600.* Under an LC available with any bank by negotiation, the beneficiary may present the documents to any bank for negotiation, not restrictedly to the advising bank, so the advising bank is not sure whether the beneficiary is to present the documents to the advising bank for negotiation or not.Best regards,Mr. Old Man
anonymous
May 7, 2010 at 5:05 pm
Zac writes:Hi Mr Old Man,Thanks for your reply. So in other words, by agreeing to amend and/or issuing a LC indicating "credit available with ABC bank (advising bank) by deferred payment), my bank has nominated the ABC bank the authority to incur DPU, purchase draft? If ABC bank has incurred DPU and paid at maturity but issuing bank fails to reimburse, then wat wld be ABC bank's recourse to recover the money?In fact, many issuing banks do not wish to nominate a bank for deferred payment is to preclude fraud, right?
mroldmanvcb
May 7, 2010 at 6:05 pm
1. Yes2. If the documents are complying but the issuing bank fails to reimburse, you may take legal action against the issuing bank to recover the money.3. That is just one of the reasons. The other reason may be that the bank nominated under deferred payment LC is not willing to act on its nomination.
anonymous
May 9, 2010 at 6:05 pm
Zac writes:Thanks Mr. Old Man for your answers!
kokonut81
May 11, 2010 at 12:05 pm
Hi Mr Old Man, I've a qn that needs your opinion. My bank wants to issue a import LC supported by a export LC. While the export LC is a restricted LC and not advise through my bank, how can my bank ensures the authenticity of the export LC without the original export LC being sighted/lodged with my bank? Currently, I have a copy of MT700 of the LC given to me by my customer. On a side not, I've registered with myopera but unsure how to start a new post. Can you help?Thank you.
mroldmanvcb
May 11, 2010 at 1:05 pm
Ask the applicant who is the beneficiary of the export LC to arrangement an amendment allowing the LC to be available with your bank or with any bank, and then ask him to hand over the original LC and amendments to your bank.Just click the item "blog" then click "add new post", of course, on your blog, not mine.
kokonut81
May 12, 2010 at 9:05 pm
Thanks! I've another query. My bank has issued an usance OIL LC for my customer. Hence, the negotiating bank presented a set of import docs to my bank's counters which my bank has sent a swift MT756 back to negotiating bank yesterday to confirm acceptance of the usance bill. The docs negotiated were invoice and LOI. Today, my customer told me that he is able to retrieve the original BL from the beneficiary and present directly to my bank to further endorse to them. Can this procedure be done because by right, the original BL has to route to us via negotiating bank, correct? My problem wld also be how to redeem the LOI, and revert to negotiating bank using this way. For accepted usance bill, is it advisable to release the import BL to my customer for him to present to his buyer(on open account sales)?Appreciate your time and efforts.
mroldmanvcb
May 14, 2010 at 5:05 pm
Your bank has accepted the bill, so it must pay at maturity though the documents presented are discrepant (missing original BL).It is understood that your bank has issued a LOI to enable the applicant to take delivery of the cargo. I don't know if the LOI contains a clause stating the condition with regard to the expiration of the LOI. Normally, the LOI shall expire when a duly endorsed BL is presented to the carrier.No need to ask the applicant to revert the BL to the negotiating bank or the beneficiary.If the applicant has fulfiled his obligations (paid or promised to pay or deposit money to pay at maturity…) toward your bank under the contract for opening LC, you may release the BL to enable him to take delivery of the cargo.
anonymous
May 14, 2010 at 9:05 pm
Zac writes:Hi Mr Old Man, Apologies for not being clear enough. The LOI I am referring to is not LOI/shipping guarantee for the release of cargo. The LOI is referring to LOI for payment under LC. This LOI for payment does include a clause to the bank that it wld be considered null and void upon presentation of original BL. My qn wld be how to address the issue of LOI cancellation with negotiating bank if the original BL arrives directly at my bank's counter from my customer instead of from negotiating bank (usually nego bank wld therefore state in their advice that the LOI has been cancelled due to the presentation of original BL).
mroldmanvcb
May 16, 2010 at 4:05 pm
Hi Zac,Sorry for not understanding your point correctly. As far as I know, in oil trade the LC will be payable against presentation of either:(i) the shipping documents including the original BL; or (ii) the invoice and LOI. The LOI will become null and void upon presentation of the shipping documents including the original BL.It is true that the original BL should be presented to the issuing bank via the beneficiary’s bank, i.e., negotiating bank. However, in this particular case, I think there is no need to ask the applicant to revert the BL to the beneficiary in order for the beneficiary to represent to your bank via the negotiating bank. Your bank has confirmed the acceptance of the usance bill, therefore, it must pay at maturity anyway. Just send a message to the negotiating bank confirming that your bank has received the original BL and that your bank will pay the usance bill at maturity, hence, the LOI is now treated as null and void. If needed, you may ask the negotiating to confirm the beneficiary’s consent of cancellation under an authenticated swift.Hope it can help you.Best regards,Mr. Old Man
kokonut81
May 16, 2010 at 9:05 pm
Thanks a lot, Mr Old Man. In other words, the critical point is that my bank has expressly communicated to the negotiating bank that we wld pay the bill at maturity, right? However, what if there are discrepancies found on BL? Wld there be any implications to my bank?Btw, I realised that there are a lot to learn in this specialised trade and at times, we always encounter ambiguity on issues and sometimes confusion. So I like your solutions and found it practical. On a side note, I believe you also have a wealth of knowledge on legal cases envolving around trade finance. Do you mind recommending some good books to me?
mroldmanvcb
May 16, 2010 at 11:05 pm
To tell the truth, I am not familiar with LOI under LC for oil import. I think it depends on how your bank's payment undertaking is structured in the L/C. The undertaking "We shall honour upon receipt of the shipping documents complying with the LC terms and conditions" can help your bank avoid paying the discrepant documents.Sorry but I am not an expert on legal cases. You are recommended to visit http://www.dcprofessional.com . It's a pay website, but you have two week free trial. You'll find more than 900 legal case summaries from 1996 to 2009 and hundreds of DOCDEX decisions, and over 700 ICC opinions.You'll like it.Regards,Mr. Old Man
anonymous
July 17, 2010 at 8:07 pm
Jahfer writes:Can you please expline the clause " Negotiation under reserve or Guarantee is not allowed".i hope it will very easy for you.
mroldmanvcb
July 17, 2010 at 11:07 pm
Hi Jahfer,Negotiation under reserve is understood as the action where the negotiating bank has negotiated the documents containing "minor” discrepancies which are believed to be possibly waived by the issuing bank/applicant). Like negotiation with recourse, negotiation under reserve is made against an agreement or a letter of indeminity (guarantee) under which the beneficiary undertakes to reimburse the negotiating bank the advance amount plus interest if the issuing bank refuses to take up the discrepant documents. The negotiating bank may state in the covering letter sent to the issuing bank that the documents have been negotiated under reserve, and may also list the discrepancies.The clause “negotiation under reserve or guarantee is not allowed” means that the negotiating bank is not allowed to negotiate DISCREPANT documents under reserve or against guarantee. Good night,Mr. Old Man
anonymous
April 14, 2011 at 7:04 pm
Gurmeet singh writes:Dear Sir, i am working with LC 30 days with overseas buyer. i have sent shipment to my buyer and submitted all the LC dox into my bank. after 7 day i have received advice from overseas bank under ( SWIFT COAD MT756 ). That your payment is 39999.12 USD $ our comm and other charges are 170.00 USD $ balance payment we will transfer dated 6/04/2011. what we have received the payment from overseas bank LESS 8000USD $. so you are requested to guide us what i have to do with this overseas bank. you can send us E-mail on :- singhoverseas@gmail.com. my call no is +919828969000.Awaiting your reply.Thanks & best rgds.Gurmeet singh kapoor .
mroldmanvcb
April 15, 2011 at 12:04 pm
on business. To answer later.
anonymous
April 15, 2011 at 4:04 pm
Mr. Old Man writes:IT IS UNREASONABLE FOR THE OVERSEAS ISSUING BANK TO DEDUCT SUCH AN AMOUNT FR THE PROCEEDS. SO PLS ASK YR BANK TO REQUEST THE ISSUING BANK TO CLARIFY THE AMOUNT UNREASONABLY DEDUCTED. GOOD LUCK!
mroldman
March 9, 2014 at 10:09 am
Reblogged this on MR. OLD MAN.
NEGOTIATION UNDER A CREDIT AVAILABLE BY DEFERRED PAYMENT | MR. OLD MAN
March 9, 2014 at 10:11 am
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