Professional Documents
Culture Documents
Chapter 7 - Method of Doc. Credit
Chapter 7 - Method of Doc. Credit
Chapter 7
METHOD OF DOCUMENTARY
CREDIT
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7.3. PARTICIPANTS
- Applicant (Người đề nghị / yêu cầu): The party on whose
request a credit is issued, and is usually importer.
- Beneficiary (Người thụ hưởng): The party in whose favour
a credit is issue (benefits from credit), receives a conditional
undertaking of honour from issuing bank, and is often exporter.
- Issuing Bank (Ngân hàng phát hành): The bank that
issues a credit at the request of an applicant or on its own
behalf, usually the bank serving importer.
- Advising Bank (Ngân hàng thông báo): The bank that
advises the credit to beneficiary at the request of issuing bank,
usually a branch or correspondent bank of issuing bank in the
exporter’s country and may be the bank serving exporter.
7.3. PARTICIPANTS
- Nominated Bank (Ngân hàng được chỉ định): The specific
bank/ any bank with which the credit is available by payment,
acceptance, deferred payment, or negotiation (as indicated in
field 41 of L/C), which includes:
+ Paying Bank (Ngân hàng thanh toán)
+ Accepting Bank (Ngân hàng chấp nhận)
+ Deferred Undertaking Bank (Ngân hàng cam kết trả chậm)
+ Negotiating Bank (Ngân hàng thương lượng / chiết khấu)
- Confirming bank (Ngân hàng xác nhận): The bank that
adds its confirmation to a credit upon the issuing bank’s
authorization or request.
- Reimbursing Bank (Ngân hàng hoàn tiền): The bank that
holds the account of issuing bank, and follows the requests of
issuing bank to reimburse nominated bank. Reimbursement
transactions must comply with the rules of URR issued by ICC.
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7.3. PARTICIPANTS
* Nominated bank: To facilitate for beneficiary, issuing bank
(IB) nominates a bank located in the beneficiary's country to
act on behalf of IB in examining documents presented by the
beneficiary and performing responsibility when documents are
complying. This bank is called Nominated bank (NB).
Therefore, beneficiary presents documents to NB, and if
documents are complying, NB will perform the nominated
responsibility for beneficiary.
* In L/C, field 41 "Available with… by…" indicates:
Name of NB + by + responsibility of NB
- Name of NB: There are two ways to express it.
+ Nominated namely (Chỉ định đích danh).Ex: Bank A by….:
Bank A is NB, and beneficiary presents documents to Bank A.
+ Nominated namelessly (Chỉ định vô danh/ Chỉ định bất
kỳ). Ex: Anybank by…: Any bank can be NB, and beneficiary
has the right to present documents to any bank.
7.3. PARTICIPANTS
- Responsibility of NB: There are 4 types of responsibility.
+ Payment (Thanh toán): Ex: Bank A/any bank by
payment: NB is Bank A/ any bank called Paying bank (NH
thanh toán). If documents presented by beneficiary to Bank
A/ any bank are complying, Bank A/ any bank must pay at
sight to beneficiary.
+ Acceptance (Chấp nhận): Ex: Bank A/ any bank by
acceptance: NB is Bank A/ any bank called Accepting
bank (NH chấp nhận). If documents presented by
beneficiary to Bank A/ any bank are complying, Bank A/ any
bank must accept draft and pay at maturity.
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7.3. PARTICIPANTS
+ Def Payment (Cam kết trả chậm): Ex: Bank A/ any bank by
def payment: NB is Bank A/ any bank called Deferred
undertaking bank (NH cam kết trả chậm). If documents
presented by beneficiary to Bank A/ any bank are complying,
Bank A/ any bank must make an undertaking of deferred
payment and pay at maturity (no issue of draft in this case).
+ Negotiation (Thương lượng/ Chiết khấu): Ex: Bank A/ any
bank by negotiation: NB is Bank A/ any bank called
Negotiating bank (NH thương lượng/ chiết khấu). If
documents presented by beneficiary to Bank A/ any bank are
complying, Bank A/ any bank must negotiate/ discount
documents and make advance payment to beneficiary. Then,
NB will claim reimbursement from issuing bank (claim for
paying at sight or paying at maturity).
7.3. PARTICIPANTS
* There are 2 types of negotiation:
+ Negotiation with recourse (Chiết khấu có truy đòi): If
issuing bank refuses to pay NB, NB has the right to demand
payment from beneficiary.
+ Negotiation without recourse (Chiết khấu miễn truy đòi): If
issuing bank refuses to pay NB, NB bears the loss of money
and is not entitled to demand payment from beneficiary.
** Example: 41: Available with … by…: Bank A by payment /
advising bank by acceptance / any bank by negotiation.
- In practice, NB is usually advising bank.
- NB has the right not to perform the nominated responsibility
and is unnecessary to advise issuing bank or beneficiary.
- L/C may not indicate NB (there is no field 41 or filed 41 is left
blank). In this case, if there is no confirming bank, beneficiary
must present documents directly to issuing bank for payment.
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7.3. PARTICIPANTS
* Confirming bank (CB):
-CB is the second bank for undertaking of honour to beneficiary,
so if L/C is confirmed, it is very safe for beneficiary because
they have two banks undertaking to honour irrevocably.
- CB is also a nominated bank (nominated by issuing bank) but
is separated due to its special operations.
- Beneficiary (exporter) is not sure about the undertaking to
honour of issuing bank, so they require an additional
undertaking to honour of other bank. Therefore, CB acts as the
guaranteeing bank of issuing bank and is trusted by exporter,
so it is often the advising bank in practice.
- If there is CB in L/C, beneficiary presents documents to CB
and CB must honour beneficiary if the documents are
complying. CB then sends the documents to issuing bank to
claim reimbursement.
7.3. PARTICIPANTS
* Confirming bank (CB):
- CB is obligated to perform its responsibility when it is
presented documents by beneficiary, and is not allowed to
refuse (unlike nominated bank).
- If CB performs the responsibility of negotiation, it must be
negotiation without recourse because CB undertakes to honour
irrevocably to beneficiary and has the same responsibility as
issuing bank. If CB determines the compliance of documents
and has already honoured or negotiated, it cannot claim
reimbursement later.
- In L/C, field 49 "Confirmation Instructions" indicates whether
there is CB. Field 49 has three options: + WITHOUT: no CB.
+ CONFIRM: there is surely a CB and in this case, issuing
bank has previously agreed with CB to confirm L/C. Usually, CB
is also advising bank. If it is not advising bank, the name of CB
will be indicated in field 47 of L/C.
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7.3. PARTICIPANTS
* Confirming bank (CB):
+ MAY ADD: there is CB but issuing bank has not yet agreed
with advising bank (AB) on confirming L/C. When receiving L/C,
AB will discuss with beneficiary. If agreeing to confirm, AB will
clearly states in L/C advice as “We advise and confirm L/C
No…”. If AB does not agree to confirm, it only indicates “We
advise L/C No…”, without mentioning the confirmation.
* Reimbursing bank: Issuing bank (IB) may not have an
account relationship with nominated bank (NB). In this case, IB
must nominate another bank that has an account relationship
with both IB and NB to act on behalf of IB to reimburse NB. This
bank is called the reimbursing bank (RB).
RB only relates to the process of claiming and reimbursing
money among banks, so only staff of international payment
department of bank are interested in, while exporters and
importers do not need to pay attention to this bank.
7.3. PARTICIPANTS
- Three types of bank including nominated bank (NB),
confirming bank (CB), and reimbursing bank may appear or
not appear in L/C.
- If an L/C does not have CB and NB, it is called L/C (is)
available with issuing bank (L/C có giá trị tại NHPH):
beneficiary presents documents directly to issuing bank for
honour.
- If an L/C has a CB and/ or a NB, it is called L/C (is) available
with nominated bank (L/C có giá trị tại NHĐCĐ): beneficiary
presents documents to NB or CB for honour.
** Note: There may be the case that the bank serving
beneficiary (holding beneficiary's account) plays all three roles:
advising bank, nominated bank, and confirming bank.
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8. Honour/ Refuse
9. Reimburse / Refuse
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Issuing bank
Application for
L/C issuance L/C
Applicant Beneficiary
(Importer) (Exporter)
Foreign trade
contract
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EXERCISE:
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++ L/C TTR not allowed (L/C không cho phép đòi tiền bằng
điện/ L/C đòi tiền bằng thư):
- Field 78 states: "Upon receipt of the documents...“.
- Nominated bank sends a cover letter together with documents
to issuing bank for examination. If documents are comlying,
issuing bank will send an authorisation to reimburse to
reimbursing bank for payment to nominated bank.
- This method is much safer for issuing bank because they will
only make payment to nominated bank when they know that
documents is complying.
- Therefore, L/C TTR not allowed is widely used in practice.
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. L/C amendment
. L/C cancellation
Solve problem
. Handling of claim message
. Handling of advising discrepancies
Issuing bank
File documents
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Con. Con.
IMPORTER 1 INTERMEDIARY 2 EXPORTER
(Applicant) (First Ben.) (Second Ben.)
1 3 4 6
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IMPORTER INTERMEDIARY EXPORTER
(Applicant) (First Ben.) (Second Ben.)
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19 18 15 10 8 17
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ISSUING Trans. Bank ADVISING
Advising Bank
BANK (Original L/C) BANK
13 16
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1 3 4 6
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18 17 16 13 12 8 11
14 9
Iss. Bank Ad. B of Or. LC Ad. Bank of
Ori. L/C -Is. B of BTB LC BTB L/C
15 10
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3. FOR BANKS:
a. Advantages: .
- Documentary credit is a modern banking service that brings a
significant income to banks.
- Through the documentary credit method, banks have many
opportunities to develop other banking services such as
advisory services, commercial financing services, forex trading
services... By providing many kinds of services, it will
contribute to the good implementation of customer policies, so
enhancing the reputation and brand of banks.
- Documentary credit is the international payment method that
requires linking many foreign banks in implementation
process. Therefore, if this method develops, it will help expand
international banking activities.
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3. FOR BANKS:
b. Disadvantages:
- Payment risk from importer: this is the biggest risk of
issuing bank. Even though importer is unable to pay,
issuing bank still has to pay exporter.
- Operational risks arise throughout the entire process
of documentary credit implementation, including:
drafting, issuance, advice, confirmation of L/C;
document examination; payment, acceptance,
document negotiation; and reimbursement…
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