SlideShare a Scribd company logo
1 of 6
Download to read offline
AZMIR LATIF
Letter Of Credit of Garment Merchandising
A Letter of Credit is a payment term generally used for international sales transactions. It is basically a
mechanism, which allows importers/buyers to offer secure terms of payment to exporters/sellers in which a
bank (or more than one bank) gets involved. The technical term for Letter of credit is 'Documentary Credit'.
At the very outset one must understand is that Letters of credit deal in documents, not goods. The idea in an
international trade transaction is to shift the risk from the actual buyer to a bank. Thus a LC (as it is
commonly referred to) is a payment undertaking given by a bank to the seller and is issued on behalf of the
applicant i.e. the buyer. The Buyer is the Applicant and the Seller is the Beneficiary. The Bank that issues
the LC is referred to as the Issuing Bank which is generally in the country of the Buyer. The Bank that
Advises the LC to the Seller is called the Advising Bank which is generally in the country of the Seller.
The specified bank makes the payment upon the successful presentation of the required documents by the
seller within the specified time frame. Note that the Bank scrutinizes the 'documents' and not the 'goods' for
making payment. Thus the process works both in favor of both the buyer and the seller. The Seller gets
assured that if documents are presented on time and in the way that they have been requested on the LC the
payment will be made and Buyer on the other hand is assured that the bank will thoroughly examine these
presented documents and ensure that they meet the terms and conditions stipulated in the LC.
Typically the documents requested in a Letter of Credit are the following:
1.L/c application from
2.Valid trade license.
3. Import registration corticated (lrc)
4.Tin or inmates declaration
5.Memorandum of association
6.Indent pr Performa Invoice
7.Photographs
8.Bank guarantee certificate
9.Agreement form
10.Insurance coverage
11.Commercial invoice
12.Transport document such as a Bill of lading or Airway bill,
13. Insurance document;
14.Inspection Certificate
15.Certificate of Origin
But there could be others too.
Letters of credit (LC) deal in documents, not goods. The LC could be 'irrevocable' or 'revocable'. An
irrevocable LC cannot be changed unless both the buyer and seller agree. Whereas in a revocable LC
changes to the LC can be made without the consent of the beneficiary. A 'sight' LC means that payment is
made immediately to the beneficiary/seller/exporter upon presentation of the correct documents in the
required time frame. A 'time' or 'date' LC will specify when payment will be made at a future date and upon
presentation of the required documents.
Essential Principles Governing Law Within the United States, Article 5 of the Uniform Commercial
Code (UCC) governs L/Cs. Article 5 is founded on two principles:
(1) the L/C,s independence from the underlying business transaction, and
(2) strict compliance with documentary requirements.
1) Strict Compliance
AZMIR LATIF
How strict compliance? Some courts insist upon literal compliance, so that a misspelled name or
typographical error voids the exporter's/beneficiary's/seller's demand for payment. Other courts require
payment upon substantial compliance with documentary requirements. The bank may insist upon strict
compliance with the requirements of the L/C. In the absence of conformity with the L/C, the Seller cannot
force payment and the bank pays at its own risk. Sellers should be careful and remember that the bank may
insist upon strict compliance with all documentary requirements in the LC. If the documents do not
conform, the bank should give the seller prompt, detailed notice, specifying all discrepancies and shortfalls.
2) The Independence Doctrine
Letters of credit deal in documents, not goods. L/Cs are purely documentary transactions, separate and
independent from the underlying contract between the Buyer and the Seller. The bank honoring the L/C is
concerned only to see that the documents conform with the requirements in the L/C. If the documents
conform, the bank will pay, and obtain reimbursement from the Buyer/Applicant. The bank need not look
past the documents to examine the underlying sale of merchandise or the product itself. The letter of credit
is independent from the underlying transaction and, except in rare cases of fraud or forgery, the issuing
bank must honor conforming documents. Thus, Sellers are given protections that the issuing bank must
honor its demand for payment (which complies with the terms of the L/C) regardless of whether the goods
conform with the underlying sale contract.
3 Most Common Reasons why Letters of Credit Fail
1) Time Lines:
The letter of credit should have an expiration date that gives sufficient time to the seller to get all the tasks
specified and the documents required in the LC. If the letter of credit expires, the seller is left with no
protection. Most LC s fail because Sellers/Exporters/Beneficiaries were unable to perform within the
specified time frame in the LC. Three dates are of importance in an LC:
a) The date by when shipment should have occurred. The date on the Bill of Lading.
b) The date by when documents have to be presented to the Bank
c) The expiry date of the LC itself.
A good source to give you an idea of the timelines would be your freight forwarding agent. As a seller
check with your freight forwarding agent to see if you would be in a position to comply.
2) Discrepancy within the Letter of Credit:
Letters of credit could also have discrepancies. Even a discrepancy as small as a missing period or comma
can render the document invalid. Thus, the earlier in the process the letter of credit is examined, the more
time is available to identify and fix the problem. This is another common reason why LCs fail.
3) Compliance with the Documents and Conditions within the Letter of Credit.
Letters of credit are about documents and not facts; the inability to produce a given document at the right
time will nullify the letter of credit. As a Seller/Exporter/Beneficiary you should try and run the compliance
issues with the various department or individuals involved within your organization to see if compliance
would be a problem. And if so, have the LC amended before shipping the goods.
Learning the Terminology of Exporting
INCOTERMS (TRANSPORTATION)
Shipping terms set the parameters for international shipments, specify points of origin and destination,
outline conditions under which title is transferred from seller to buyer, and determine which party is
responsible for shipping costs. They also indicate which party assumes the cost if merchandise is lost or
AZMIR LATIF
damaged during transit. To provide a common terminology for international shipping, INCOTERMS
(International Commercial Terms) have been developed under the auspices of the International Chamber
of Commerce.
All letters of credit contain these elements:
 A payment undertaking given by the bank (issuing bank)
 On behalf of the buyer (applicant)
 To pay a seller (beneficiary)
 A given amount of money
 On presentation of specified documents representing the supply of goods
 Within specific time limits
 These documents conforming to terms and conditions set out in the letter of credit
 Documents to be presented at a specified place.
The stages of the letter of credit:
1. Buyer and seller agree terms, including means of transport, period of credit offered (if any), latest date
of shipment, Incomer to be used
2. Buyer applies to bank for issue of letter of credit. Bank will evaluate buyer's credit standing, and may
require cash cover and/or reduction of other lending limits
3. Issuing bank issues L/C, sending it to the Advising bank by airmail or (more commonly) electronic
means such as telex or SWIFT
4. Advising bank establishes authenticity of the letter of credit using signature books or test codes, then
informs seller (beneficiary). Advising bank MAY confirm L/C, i.e. add its own payment undertaking
5. Seller should now check that L/C matches commercial agreement, and that all its terms and conditions
can be satisfied, (e.g. all documents can be obtained in good time.) If there is anything that may cause a
problem, an AMENDMENT must be requested.
6. Seller ships the goods, then assembles the documents called for the L/C (invoice, transport document
AZMIR LATIF
etc.) Before presenting the documents to the bank, the seller should check them for discrepancies with the
L/C, and correct the documents where necessary.
7. The documents are presented to a bank, often the Advising bank. The Advising bank checks the
documents against the L/C. If the documents are compliant, the bank pays the seller and forwards the
documents to the Issuing bank
8. The Issuing bank now checks the documents itself. If they are in order (and it is a sight L/C), it
reimburses the seller's bank immediately
9. The Issuing bank debits the buyer and releases the documents (including transport document), so that
the buyer can claim the goods from the carrier.
Different kinds of L/C :
1. Revocable L/C/irrevocable L/C
2. Confirmed L/C/unconfirmed L/C
3. Sight L/C/since L/C
4. Transferable L/C/untransferable L/C
5. Divisible L/C/indivisible L/C
6. Revolving L/C
7. L/C with T/T reimbursement clause
8. Without recourse L/C/with recourse L/C
9. Documentary L/C/clean L/C
10. Deferred payment L/C/anticipatory L/C
11. Back to back L/Reciprocal L/C
12. TSraveller's L/C(or: circular L/C)
1. Unconfirmed LC:
If your credit is unconfirmed neither the advising bank or any nominated bank commits to pay under the
credit. Therefore no cash cover is required at the point of establishing the LC, saving possible interest
charge on borrowed funds. Payment can be made to the supplier at any time within the validity of the LC,
before or after shipment as agreed by both the buyer and seller. Unconfirmed LC also eliminates the
˜confirmation charge" which is the most significant overseas bank charge.
2. Documentary L.C:
A documentary L.C is one which provides for bills to be accompanied by the documents of title to goods.
Such as bill of lading, invoice and the marine insurance policy of insurance etc
3. Clean letter of credit:
If there is no condition attach to the bill and the issuing bank makes payment up to a limit of credit, the
letter of credit is called clean or open letter of credit. It is payable to the exporter according to his will.
4. Fix Letter of credit:
The amount of this type of letter of credit remains the same within a fix period. When the original fixed
amount is used fresh credit is necessary. In other words, a fixed L.C. is that which is available for a fixed
total amount payable in one or more than one drafts.
5. Confirmed LC:
Confirmation of LC could be backed by dollar or local currency borrowings or by outright payment of
cash. The LC may be confirmed from the beginning of the transaction or at any point in the life of the LC.
AZMIR LATIF
6. Revolving LC:
If you deal with a particular supplier on a very regular basis, you may save administrative time, effort and
bank charges by setting up a revolving credit. This can be set up to revolve either by time or amount to
mirror workflow, such as production runs or growth seasons. The major advantage being the savings made
in local bank charges by grouping various LC under one Revolving LC.
7. Standby LC:
Like a bank guarantee, a standby LC is payable on first demand, usually against the beneficiary's simple
declaration of non-performance, accompanied by minimal support documentation. This offers the seller
maximum control over the claims process. This is ideal for contracts involving regular monthly/periodic
shipments. The supplier may wish to be secured against default in payment in open account trading or Bills
for collection. Standby LC reduces the bank charges associated with LC transactions, while still providing
maximum security for the supplier on various shipments. No cash cover is required for import transactions
and payments are made when due eliminating both interest expense and exchange rate risk. Standby LC
combines the security associated with LC with the flexibility and reduced cost associated with Bills for
collection transactions.
8. An irrevocable LC:
An irrevocable LC cannot be changed unless both the buyer and seller agree. Whereas in a revocable LC
changes to the LC can be made without the consent of the beneficiary. A 'sight' LC means that payment is
made immediately to the beneficiary/seller/exporter upon presentation of the correct documents in the
required time frame. A 'time' or 'date' LC will specify when payment will be made at a future date and upon
presentation of the required documents.
AZMIR LATIF
Step-by-step process:
- Buyer and seller agree to conduct business. The seller wants a letter of credit to guarantee payment.
- Buyer applies to his bank for a letter of credit in favor of the seller.
- Buyer's bank approves the credit risk of the buyer, issues and forwards the credit to its correspondent bank
(advising or confirming). The correspondent bank is usually located in the same geographical location as
the seller (beneficiary).
- Advising bank will authenticate the credit and forward the original credit to the seller (beneficiary).
- Seller (beneficiary) ships the goods, then verifies and develops the documentary requirements to support
the letter of credit. Documentary requirements may vary greatly depending on the perceived risk involved
in dealing with a particular company.
- Seller presents the required documents to the advising or confirming bank to be processed for payment.
- Advising or confirming bank examines the documents for compliance with the terms and conditions of
the letter of credit.
- If the documents are correct, the advising or confirming bank will claim the funds by:
 Debiting the account of the issuing bank.
 Waiting until the issuing bank remits, after receiving the documents.
 Reimburse on another bank as required in the credit.
- Advising or confirming bank will forward the documents to the issuing bank.
Issuing bank will examine the documents for compliance. If they are in order, the issuing bank will debit
the buyer's account.
- Issuing bank then forwards the documents to the buyer.
FINALLY LETTERS OF CREDIT SIMPLY
DEFINED AS In simple terms, a letter of credit is a bank
undertaking of payment separate from the sales or other
contracts on which it is based. It is a way of reducing the
payment risks associated with the movement of goods.
Expressed more fully, it is a written undertaking by a bank
(issuing bank) given to the seller (beneficiary) at the
request, and in accordance with the buyer’s (applicant)
instructions to effect payment — that is by making a
payment, or by accepting or negotiating bills of exchange
(drafts) — up to a stated amount, against stipulated
documents and within a prescribed time limit.
Compiled By
Engr. Azmir Latif
BSc. & MSc.Engr.(Textile)

More Related Content

More from Azmir Latif Beg

Industrial Textile Processing
Industrial Textile ProcessingIndustrial Textile Processing
Industrial Textile Processing
Azmir Latif Beg
 

More from Azmir Latif Beg (20)

Non Destructive Testing (NDT)
Non Destructive Testing (NDT)Non Destructive Testing (NDT)
Non Destructive Testing (NDT)
 
Cotton Fiber Properties
Cotton Fiber PropertiesCotton Fiber Properties
Cotton Fiber Properties
 
Apparel Merchandising-BASIC CONCEPT ON NEGOTIATION OF APPAREL COSTING AND PRO...
Apparel Merchandising-BASIC CONCEPT ON NEGOTIATION OF APPAREL COSTING AND PRO...Apparel Merchandising-BASIC CONCEPT ON NEGOTIATION OF APPAREL COSTING AND PRO...
Apparel Merchandising-BASIC CONCEPT ON NEGOTIATION OF APPAREL COSTING AND PRO...
 
Letters of credit (L/C) in Textile Business
Letters of credit (L/C) in Textile BusinessLetters of credit (L/C) in Textile Business
Letters of credit (L/C) in Textile Business
 
Merchandising Transactions and Managing Payment Risk
Merchandising Transactions and Managing Payment RiskMerchandising Transactions and Managing Payment Risk
Merchandising Transactions and Managing Payment Risk
 
Steam distribution system, utilization and design
Steam distribution system, utilization and designSteam distribution system, utilization and design
Steam distribution system, utilization and design
 
Test Methods for Textile Testing
Test Methods for Textile TestingTest Methods for Textile Testing
Test Methods for Textile Testing
 
Anti Mold Finishing
Anti Mold FinishingAnti Mold Finishing
Anti Mold Finishing
 
IR Spectroscoy in Textile
IR Spectroscoy in TextileIR Spectroscoy in Textile
IR Spectroscoy in Textile
 
Fourier Transform Infrared Spectrometry (FTIR) and Textile
Fourier Transform Infrared Spectrometry (FTIR) and TextileFourier Transform Infrared Spectrometry (FTIR) and Textile
Fourier Transform Infrared Spectrometry (FTIR) and Textile
 
Safety of Toys or Apparel or others articles
Safety of Toys or Apparel or others articlesSafety of Toys or Apparel or others articles
Safety of Toys or Apparel or others articles
 
Flat Knitting Machine
Flat Knitting MachineFlat Knitting Machine
Flat Knitting Machine
 
Braiding Machine
Braiding MachineBraiding Machine
Braiding Machine
 
Ball Warping Process
Ball Warping ProcessBall Warping Process
Ball Warping Process
 
Air jet and Rapier loom
Air jet and Rapier loomAir jet and Rapier loom
Air jet and Rapier loom
 
Air jet loom picanol
Air jet loom picanolAir jet loom picanol
Air jet loom picanol
 
Feeder stripe, Engineering stripe and Auto stripe mechanism
Feeder stripe, Engineering stripe and Auto stripe mechanismFeeder stripe, Engineering stripe and Auto stripe mechanism
Feeder stripe, Engineering stripe and Auto stripe mechanism
 
Color fastness properties of different reactive dyes
Color fastness properties of different reactive dyesColor fastness properties of different reactive dyes
Color fastness properties of different reactive dyes
 
Textile softener
Textile softenerTextile softener
Textile softener
 
Industrial Textile Processing
Industrial Textile ProcessingIndustrial Textile Processing
Industrial Textile Processing
 

Recently uploaded

Mckinsey foundation level Handbook for Viewing
Mckinsey foundation level Handbook for ViewingMckinsey foundation level Handbook for Viewing
Mckinsey foundation level Handbook for Viewing
Nauman Safdar
 
The Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai Kuwait
The Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai KuwaitThe Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai Kuwait
The Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai Kuwait
daisycvs
 
Challenges and Opportunities: A Qualitative Study on Tax Compliance in Pakistan
Challenges and Opportunities: A Qualitative Study on Tax Compliance in PakistanChallenges and Opportunities: A Qualitative Study on Tax Compliance in Pakistan
Challenges and Opportunities: A Qualitative Study on Tax Compliance in Pakistan
vineshkumarsajnani12
 

Recently uploaded (20)

Marel Q1 2024 Investor Presentation from May 8, 2024
Marel Q1 2024 Investor Presentation from May 8, 2024Marel Q1 2024 Investor Presentation from May 8, 2024
Marel Q1 2024 Investor Presentation from May 8, 2024
 
Putting the SPARK into Virtual Training.pptx
Putting the SPARK into Virtual Training.pptxPutting the SPARK into Virtual Training.pptx
Putting the SPARK into Virtual Training.pptx
 
Cannabis Legalization World Map: 2024 Updated
Cannabis Legalization World Map: 2024 UpdatedCannabis Legalization World Map: 2024 Updated
Cannabis Legalization World Map: 2024 Updated
 
PHX May 2024 Corporate Presentation Final
PHX May 2024 Corporate Presentation FinalPHX May 2024 Corporate Presentation Final
PHX May 2024 Corporate Presentation Final
 
How to Get Started in Social Media for Art League City
How to Get Started in Social Media for Art League CityHow to Get Started in Social Media for Art League City
How to Get Started in Social Media for Art League City
 
JAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR ESCORTS
JAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR  ESCORTSJAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR  ESCORTS
JAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR ESCORTS
 
Berhampur 70918*19311 CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDING
Berhampur 70918*19311 CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDINGBerhampur 70918*19311 CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDING
Berhampur 70918*19311 CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDING
 
PARK STREET 💋 Call Girl 9827461493 Call Girls in Escort service book now
PARK STREET 💋 Call Girl 9827461493 Call Girls in  Escort service book nowPARK STREET 💋 Call Girl 9827461493 Call Girls in  Escort service book now
PARK STREET 💋 Call Girl 9827461493 Call Girls in Escort service book now
 
UAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur Dubai
UAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur DubaiUAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur Dubai
UAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur Dubai
 
Lucknow Housewife Escorts by Sexy Bhabhi Service 8250092165
Lucknow Housewife Escorts  by Sexy Bhabhi Service 8250092165Lucknow Housewife Escorts  by Sexy Bhabhi Service 8250092165
Lucknow Housewife Escorts by Sexy Bhabhi Service 8250092165
 
Phases of Negotiation .pptx
 Phases of Negotiation .pptx Phases of Negotiation .pptx
Phases of Negotiation .pptx
 
Mckinsey foundation level Handbook for Viewing
Mckinsey foundation level Handbook for ViewingMckinsey foundation level Handbook for Viewing
Mckinsey foundation level Handbook for Viewing
 
Call 7737669865 Vadodara Call Girls Service at your Door Step Available All Time
Call 7737669865 Vadodara Call Girls Service at your Door Step Available All TimeCall 7737669865 Vadodara Call Girls Service at your Door Step Available All Time
Call 7737669865 Vadodara Call Girls Service at your Door Step Available All Time
 
HomeRoots Pitch Deck | Investor Insights | April 2024
HomeRoots Pitch Deck | Investor Insights | April 2024HomeRoots Pitch Deck | Investor Insights | April 2024
HomeRoots Pitch Deck | Investor Insights | April 2024
 
Pre Engineered Building Manufacturers Hyderabad.pptx
Pre Engineered  Building Manufacturers Hyderabad.pptxPre Engineered  Building Manufacturers Hyderabad.pptx
Pre Engineered Building Manufacturers Hyderabad.pptx
 
Falcon Invoice Discounting: Empowering Your Business Growth
Falcon Invoice Discounting: Empowering Your Business GrowthFalcon Invoice Discounting: Empowering Your Business Growth
Falcon Invoice Discounting: Empowering Your Business Growth
 
Uneak White's Personal Brand Exploration Presentation
Uneak White's Personal Brand Exploration PresentationUneak White's Personal Brand Exploration Presentation
Uneak White's Personal Brand Exploration Presentation
 
Escorts in Nungambakkam Phone 8250092165 Enjoy 24/7 Escort Service Enjoy Your...
Escorts in Nungambakkam Phone 8250092165 Enjoy 24/7 Escort Service Enjoy Your...Escorts in Nungambakkam Phone 8250092165 Enjoy 24/7 Escort Service Enjoy Your...
Escorts in Nungambakkam Phone 8250092165 Enjoy 24/7 Escort Service Enjoy Your...
 
The Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai Kuwait
The Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai KuwaitThe Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai Kuwait
The Abortion pills for sale in Qatar@Doha [+27737758557] []Deira Dubai Kuwait
 
Challenges and Opportunities: A Qualitative Study on Tax Compliance in Pakistan
Challenges and Opportunities: A Qualitative Study on Tax Compliance in PakistanChallenges and Opportunities: A Qualitative Study on Tax Compliance in Pakistan
Challenges and Opportunities: A Qualitative Study on Tax Compliance in Pakistan
 

Letter of credit for garments industry

  • 1. AZMIR LATIF Letter Of Credit of Garment Merchandising A Letter of Credit is a payment term generally used for international sales transactions. It is basically a mechanism, which allows importers/buyers to offer secure terms of payment to exporters/sellers in which a bank (or more than one bank) gets involved. The technical term for Letter of credit is 'Documentary Credit'. At the very outset one must understand is that Letters of credit deal in documents, not goods. The idea in an international trade transaction is to shift the risk from the actual buyer to a bank. Thus a LC (as it is commonly referred to) is a payment undertaking given by a bank to the seller and is issued on behalf of the applicant i.e. the buyer. The Buyer is the Applicant and the Seller is the Beneficiary. The Bank that issues the LC is referred to as the Issuing Bank which is generally in the country of the Buyer. The Bank that Advises the LC to the Seller is called the Advising Bank which is generally in the country of the Seller. The specified bank makes the payment upon the successful presentation of the required documents by the seller within the specified time frame. Note that the Bank scrutinizes the 'documents' and not the 'goods' for making payment. Thus the process works both in favor of both the buyer and the seller. The Seller gets assured that if documents are presented on time and in the way that they have been requested on the LC the payment will be made and Buyer on the other hand is assured that the bank will thoroughly examine these presented documents and ensure that they meet the terms and conditions stipulated in the LC. Typically the documents requested in a Letter of Credit are the following: 1.L/c application from 2.Valid trade license. 3. Import registration corticated (lrc) 4.Tin or inmates declaration 5.Memorandum of association 6.Indent pr Performa Invoice 7.Photographs 8.Bank guarantee certificate 9.Agreement form 10.Insurance coverage 11.Commercial invoice 12.Transport document such as a Bill of lading or Airway bill, 13. Insurance document; 14.Inspection Certificate 15.Certificate of Origin But there could be others too. Letters of credit (LC) deal in documents, not goods. The LC could be 'irrevocable' or 'revocable'. An irrevocable LC cannot be changed unless both the buyer and seller agree. Whereas in a revocable LC changes to the LC can be made without the consent of the beneficiary. A 'sight' LC means that payment is made immediately to the beneficiary/seller/exporter upon presentation of the correct documents in the required time frame. A 'time' or 'date' LC will specify when payment will be made at a future date and upon presentation of the required documents. Essential Principles Governing Law Within the United States, Article 5 of the Uniform Commercial Code (UCC) governs L/Cs. Article 5 is founded on two principles: (1) the L/C,s independence from the underlying business transaction, and (2) strict compliance with documentary requirements. 1) Strict Compliance
  • 2. AZMIR LATIF How strict compliance? Some courts insist upon literal compliance, so that a misspelled name or typographical error voids the exporter's/beneficiary's/seller's demand for payment. Other courts require payment upon substantial compliance with documentary requirements. The bank may insist upon strict compliance with the requirements of the L/C. In the absence of conformity with the L/C, the Seller cannot force payment and the bank pays at its own risk. Sellers should be careful and remember that the bank may insist upon strict compliance with all documentary requirements in the LC. If the documents do not conform, the bank should give the seller prompt, detailed notice, specifying all discrepancies and shortfalls. 2) The Independence Doctrine Letters of credit deal in documents, not goods. L/Cs are purely documentary transactions, separate and independent from the underlying contract between the Buyer and the Seller. The bank honoring the L/C is concerned only to see that the documents conform with the requirements in the L/C. If the documents conform, the bank will pay, and obtain reimbursement from the Buyer/Applicant. The bank need not look past the documents to examine the underlying sale of merchandise or the product itself. The letter of credit is independent from the underlying transaction and, except in rare cases of fraud or forgery, the issuing bank must honor conforming documents. Thus, Sellers are given protections that the issuing bank must honor its demand for payment (which complies with the terms of the L/C) regardless of whether the goods conform with the underlying sale contract. 3 Most Common Reasons why Letters of Credit Fail 1) Time Lines: The letter of credit should have an expiration date that gives sufficient time to the seller to get all the tasks specified and the documents required in the LC. If the letter of credit expires, the seller is left with no protection. Most LC s fail because Sellers/Exporters/Beneficiaries were unable to perform within the specified time frame in the LC. Three dates are of importance in an LC: a) The date by when shipment should have occurred. The date on the Bill of Lading. b) The date by when documents have to be presented to the Bank c) The expiry date of the LC itself. A good source to give you an idea of the timelines would be your freight forwarding agent. As a seller check with your freight forwarding agent to see if you would be in a position to comply. 2) Discrepancy within the Letter of Credit: Letters of credit could also have discrepancies. Even a discrepancy as small as a missing period or comma can render the document invalid. Thus, the earlier in the process the letter of credit is examined, the more time is available to identify and fix the problem. This is another common reason why LCs fail. 3) Compliance with the Documents and Conditions within the Letter of Credit. Letters of credit are about documents and not facts; the inability to produce a given document at the right time will nullify the letter of credit. As a Seller/Exporter/Beneficiary you should try and run the compliance issues with the various department or individuals involved within your organization to see if compliance would be a problem. And if so, have the LC amended before shipping the goods. Learning the Terminology of Exporting INCOTERMS (TRANSPORTATION) Shipping terms set the parameters for international shipments, specify points of origin and destination, outline conditions under which title is transferred from seller to buyer, and determine which party is responsible for shipping costs. They also indicate which party assumes the cost if merchandise is lost or
  • 3. AZMIR LATIF damaged during transit. To provide a common terminology for international shipping, INCOTERMS (International Commercial Terms) have been developed under the auspices of the International Chamber of Commerce. All letters of credit contain these elements:  A payment undertaking given by the bank (issuing bank)  On behalf of the buyer (applicant)  To pay a seller (beneficiary)  A given amount of money  On presentation of specified documents representing the supply of goods  Within specific time limits  These documents conforming to terms and conditions set out in the letter of credit  Documents to be presented at a specified place. The stages of the letter of credit: 1. Buyer and seller agree terms, including means of transport, period of credit offered (if any), latest date of shipment, Incomer to be used 2. Buyer applies to bank for issue of letter of credit. Bank will evaluate buyer's credit standing, and may require cash cover and/or reduction of other lending limits 3. Issuing bank issues L/C, sending it to the Advising bank by airmail or (more commonly) electronic means such as telex or SWIFT 4. Advising bank establishes authenticity of the letter of credit using signature books or test codes, then informs seller (beneficiary). Advising bank MAY confirm L/C, i.e. add its own payment undertaking 5. Seller should now check that L/C matches commercial agreement, and that all its terms and conditions can be satisfied, (e.g. all documents can be obtained in good time.) If there is anything that may cause a problem, an AMENDMENT must be requested. 6. Seller ships the goods, then assembles the documents called for the L/C (invoice, transport document
  • 4. AZMIR LATIF etc.) Before presenting the documents to the bank, the seller should check them for discrepancies with the L/C, and correct the documents where necessary. 7. The documents are presented to a bank, often the Advising bank. The Advising bank checks the documents against the L/C. If the documents are compliant, the bank pays the seller and forwards the documents to the Issuing bank 8. The Issuing bank now checks the documents itself. If they are in order (and it is a sight L/C), it reimburses the seller's bank immediately 9. The Issuing bank debits the buyer and releases the documents (including transport document), so that the buyer can claim the goods from the carrier. Different kinds of L/C : 1. Revocable L/C/irrevocable L/C 2. Confirmed L/C/unconfirmed L/C 3. Sight L/C/since L/C 4. Transferable L/C/untransferable L/C 5. Divisible L/C/indivisible L/C 6. Revolving L/C 7. L/C with T/T reimbursement clause 8. Without recourse L/C/with recourse L/C 9. Documentary L/C/clean L/C 10. Deferred payment L/C/anticipatory L/C 11. Back to back L/Reciprocal L/C 12. TSraveller's L/C(or: circular L/C) 1. Unconfirmed LC: If your credit is unconfirmed neither the advising bank or any nominated bank commits to pay under the credit. Therefore no cash cover is required at the point of establishing the LC, saving possible interest charge on borrowed funds. Payment can be made to the supplier at any time within the validity of the LC, before or after shipment as agreed by both the buyer and seller. Unconfirmed LC also eliminates the ˜confirmation charge" which is the most significant overseas bank charge. 2. Documentary L.C: A documentary L.C is one which provides for bills to be accompanied by the documents of title to goods. Such as bill of lading, invoice and the marine insurance policy of insurance etc 3. Clean letter of credit: If there is no condition attach to the bill and the issuing bank makes payment up to a limit of credit, the letter of credit is called clean or open letter of credit. It is payable to the exporter according to his will. 4. Fix Letter of credit: The amount of this type of letter of credit remains the same within a fix period. When the original fixed amount is used fresh credit is necessary. In other words, a fixed L.C. is that which is available for a fixed total amount payable in one or more than one drafts. 5. Confirmed LC: Confirmation of LC could be backed by dollar or local currency borrowings or by outright payment of cash. The LC may be confirmed from the beginning of the transaction or at any point in the life of the LC.
  • 5. AZMIR LATIF 6. Revolving LC: If you deal with a particular supplier on a very regular basis, you may save administrative time, effort and bank charges by setting up a revolving credit. This can be set up to revolve either by time or amount to mirror workflow, such as production runs or growth seasons. The major advantage being the savings made in local bank charges by grouping various LC under one Revolving LC. 7. Standby LC: Like a bank guarantee, a standby LC is payable on first demand, usually against the beneficiary's simple declaration of non-performance, accompanied by minimal support documentation. This offers the seller maximum control over the claims process. This is ideal for contracts involving regular monthly/periodic shipments. The supplier may wish to be secured against default in payment in open account trading or Bills for collection. Standby LC reduces the bank charges associated with LC transactions, while still providing maximum security for the supplier on various shipments. No cash cover is required for import transactions and payments are made when due eliminating both interest expense and exchange rate risk. Standby LC combines the security associated with LC with the flexibility and reduced cost associated with Bills for collection transactions. 8. An irrevocable LC: An irrevocable LC cannot be changed unless both the buyer and seller agree. Whereas in a revocable LC changes to the LC can be made without the consent of the beneficiary. A 'sight' LC means that payment is made immediately to the beneficiary/seller/exporter upon presentation of the correct documents in the required time frame. A 'time' or 'date' LC will specify when payment will be made at a future date and upon presentation of the required documents.
  • 6. AZMIR LATIF Step-by-step process: - Buyer and seller agree to conduct business. The seller wants a letter of credit to guarantee payment. - Buyer applies to his bank for a letter of credit in favor of the seller. - Buyer's bank approves the credit risk of the buyer, issues and forwards the credit to its correspondent bank (advising or confirming). The correspondent bank is usually located in the same geographical location as the seller (beneficiary). - Advising bank will authenticate the credit and forward the original credit to the seller (beneficiary). - Seller (beneficiary) ships the goods, then verifies and develops the documentary requirements to support the letter of credit. Documentary requirements may vary greatly depending on the perceived risk involved in dealing with a particular company. - Seller presents the required documents to the advising or confirming bank to be processed for payment. - Advising or confirming bank examines the documents for compliance with the terms and conditions of the letter of credit. - If the documents are correct, the advising or confirming bank will claim the funds by:  Debiting the account of the issuing bank.  Waiting until the issuing bank remits, after receiving the documents.  Reimburse on another bank as required in the credit. - Advising or confirming bank will forward the documents to the issuing bank. Issuing bank will examine the documents for compliance. If they are in order, the issuing bank will debit the buyer's account. - Issuing bank then forwards the documents to the buyer. FINALLY LETTERS OF CREDIT SIMPLY DEFINED AS In simple terms, a letter of credit is a bank undertaking of payment separate from the sales or other contracts on which it is based. It is a way of reducing the payment risks associated with the movement of goods. Expressed more fully, it is a written undertaking by a bank (issuing bank) given to the seller (beneficiary) at the request, and in accordance with the buyer’s (applicant) instructions to effect payment — that is by making a payment, or by accepting or negotiating bills of exchange (drafts) — up to a stated amount, against stipulated documents and within a prescribed time limit. Compiled By Engr. Azmir Latif BSc. & MSc.Engr.(Textile)