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Letters of Credit
a) A Letter of Credit (LC) is one of the most widely used
modes of settling international trade debts. It is also convenient and common method
of obtaining short term finances from the banks.
b) LCs are broadly classified as follows:
i) Sight Letters of Credit (DP)
ii) Usance Letters of Credit (DA)
In case of Sight LC, the draft is drawn at sight and the relevant documents are
held by the importing bank until retired (released) by the customers. In the case
of Usance LCs, the draft is drawn for a certain period (number of days) clearly
mentioning in the LC, payable by the customer on due date.
Third Party LC
Documentary Letters of Credit established on behalf of third parties (parties other
than the principal obligor) represent an additional element of risk. Therefore,
if imports on behalf of third parties are anticipated, the line description should
clearly state. Additionally, the customer should clearly state on the LC Application,
“the LC is issued at customer’s risk and liability”.
Deferred Payment Credits
Normally the terms of a documentary credit will include
an instruction to the beneficiary to draw bills of exchange, and issuing bank will
guarantee that such bills will be honoured, provided all the other terms of the
credit are met.
However, in deferred payment credits, there is no need for the exporter to draw
a bill of exchange. The issuing bank simply undertakes that payment will be made
on a fixed or determinable future date, provided the other conditions have been
fulfilled.
Although the exporter does not draw a bill of exchange, in all respects these credits
are identical to other documentary credits and some banks, in practice, will negotiate
the documents providing they are entirely satisfied with the standing of the issuing
bank. One benefit of deferred credits is that they avoid the need for payment of
stamp duty on bills of exchange. All credits must clearly indicate whether they
are available by sight payment, by acceptance or by deferred payment.
Shipping Guarantees
a) Policy The issuance of shipping guarantees
to cover missing documents under our own documentary Letters of Credit and documentary
collections will be subject to the requirement set forth in this section. Issuance
of shipping guarantee will require a sub-limit under LC.
b) Customer Documentation In all cases involving shipping guarantees, the customer
will sign our standard shipping guarantee application, which includes an irrevocable
undertaking that the customer will accept the relative documents when received,
regardless of discrepancies.
c) Security Shipping guarantees related to sight/Usance documents under LCs and
collection will be issued against cash collateral. Cash collateral should be kept
in local currency unless requested by the customer, since it will be refunded as
soon as the shipping guarantee is received back by the Bank.
d) Missing Invoices In case of documentary collections when the invoices are not
available with the Bank the value of merchandise for issuance of shipping guarantees
will be established on the basis of supporting documents relating to price alongwith
an undertaking to indemnify the Bank in case of any fluctuation in price resulting
in a shortfall in value. In such cases approval of appropriate authority will be
required.
e) Open Ended The requirement for a fixed expiry date will be considered as waived
in all cases since carriers and Customs Department do not accept shipping guarantees
with a stated expiration date.
f) Decontrol Shipping guarantees can be decontrolled after settlement of documents
in the following scenarios:
• Return of original shipping guarantee instrument.
• On settlement of documents related to Airway Bills.
• When original Bill of Lading (B/L) is with us, and provided
two follow-ups have been sent to the importer with an interval of 2 weeks each.
• The original B/L should be kept in the file to serve as an evidence
in the event the shipping agent inquire or call on the shipping guarantee. Credit
Committee approval for the amount of the transaction
should be taken. |
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