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A letter of credit
is the most common payment instrument used in foreign trade because
it offers protection to both parties in the transaction. When the
process of the L/C is followed, the instrument ensures payment for
the supplier, and shipment for the buyer, as well as allowing for
provisions to control the quality and quantity of the goods for
the importer. These 14 steps overview how an L/C works:
Step 1: The buyer
and seller agree terms, including means of transport, period of
credit offered, latest date of shipment and the relevant Inco-term
to be used.
Step 2: The buyer
applies to the bank for a letter of credit to be issued.
Step 3: The bank
will then evaluate the buyer's credit rating, and may require cash
cover and/or reduction of other lending limits.
Step 4: The issuing
bank will issue a letter of credit. This will be sent to the advising
bank by airmail, telex or SWIFT.
Step 5: The advising
bank will establish authenticity of the letter of credit using signature
books or test codes, then informs seller (beneficiary).
Step 6: The advising
bank may confirm the letter of credit, i.e. add its own payment
undertaking.
Step 7: The seller
should check that the letter of credit matches the commercial agreement,
and that the terms and conditions can be satisfied in goodtime.
Step 8: If there
is anything that may cause a problem, an amendment should be requested.
Step 9: The seller
ships the goods and gathers together all the documents asked for
in the letter of credit including the invoice, bill of lading, insurance
policy certificate, as well as the certificates of origin and quality.
Step 10: Before
presenting the documents to the bank, the seller should check them
for discrepancies against the letter of credit, and correct the
documents where necessary.
Step 11: The documents
are presented to one of the banks, usually the advising bank.
Step 12: The advising
bank checks the documents against the letter of credit. If the documents
are compliant, the bank pays the seller and forwards the documents
to the issuing bank.
Step 13: The issuing
bank will also check the documents. If they are in order the issuing
bank will reimburse the seller's bank immediately.
Step 14: The issuing
bank debits the buyer and releases the documents (including transport
document), so that the buyer can claim the goods from the carrier.
It should be noted
that the letter of credit refers to documents representing the goods,
and not the physical goods themselves. The banks do not examine
the goods on behalf of their customers but instead only care about
the documents representing the goods.
The following
problems frequently occur when letters of credit are used and can
be prevented with due care:
Tip:
Exporters and importers must coordinate the wording of all documents
before submission, using the same criteria that the banks apply.
Ensure that all the terms used match.
The banks use
limited discretion in matching the terms and conditions of the L/C
against documents presented. There is often little room for judgment.
For example, suppose that a letter of credit describes goods as
"cocoa butter with a maximum fat content of 15%". However
the exporter presents a commercial invoice referring to the goods
as "cocoa butter with 12% fat content". Common sense would
suggest that this consignment would be accepted; yet some banks
will reject the documents on the grounds of a discrepancy in the
goods description.
Tip:
Often the letter of credit fails to anticipate an aspect of the
transaction. To avoid such problems, exporters need an understanding
of the different types of commercial document (transport document,
insurance document, etc.) and the things on each document that may
matter to a bank in the context of presentation under a letter of
credit.
For example a
common requirement on a letter of credit is for a 'clean on-board
bill of lading' - a document supplied by the shipping company attesting
that the goods were received in apparently good condition, and were
loaded in the ship's hold. However if the goods are hazardous or
flammable, they will be put on the deck of the ship instead of the
hold, and the bill of lading will be marked 'on deck'. This is not
an on-board bill of lading, so the bank can reject the documents.
Tip:
Time limits can be missed when presenting required documents. The
parties must be aware of up to three time constraints - the expiry
date of the credit, the latest shipping date and the maximum time
allowed between dispatch and presentation.
Upon first advice
of the letter of credit, check that all its terms and conditions
can be complied with within the prescribed time limits. If the letter
of credit calls for documents supplied by third parties, make reasonable
allowance for the time this may take to organize. After dispatch
of the goods, check all the documents both against the terms of
the credit and against each other for internal consistency.
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