Letter of Credit:Elements of a Letter of Credit, Commercial Invoice, Tips for Exporters

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Management of Financial Institutions - MGT 604

Lecture # 29

Letter of Credit

Commercial Letter of Credit

Commercial letters of credit have been used for centuries to facilitate payment in

international trade. Their use will continue to increase as the global economy evolves.

Letters of credit used in international transactions are governed by the International

Chamber of Commerce Uniform Customs and Practice for Documentary Credits. The

general provisions and definitions of the International Chamber of Commerce are binding

on all parties. Domestic collections in the United States are governed by the Uniform

Commercial Code.

A commercial letter of credit is a contractual agreement between a bank , known as the

issuing bank, on behalf of one of its customers, authorizing another bank, known as the

advising or confirming bank, to make payment to the beneficiary. The issuing bank, on the

request of its customer, opens the letter of credit. The issuing bank makes a commitment to

honor drawings made under the credit. The beneficiary is normally the provider of goods

and/or services. Essentially, the issuing bank replaces the bank's customer as the payee.

Elements of a Letter of Credit

A payment undertaking given by a bank (issuing bank)

On behalf of a buyer (applicant)

To pay a seller (beneficiary) for a given amount of money

On presentation of specified documents representing the supply of goods

Within specified time limits

Documents must conform to terms and conditions set out in the letter of credit

Documents to be presented at a specified place

Beneficiary

The beneficiary is entitled to payment as long as he can provide the documentary evidence

required by the letter of credit. The letter of credit is a distinct and separate transaction from

the contract on which it is based. All parties deal in documents and not in goods. The

issuing bank is not liable for performance of the underlying contract between the customer

and beneficiary. The issuing bank's obligation to the buyer, is to examine all documents to

insure that they meet all the terms and conditions of the credit. Upon requesting demand for

payment the beneficiary warrants that all conditions of the agreement have been complied

with. If the beneficiary (seller) conforms to the letter of credit, the seller must be paid by the

bank.

Issuing Bank

The issuing bank's liability to pay and to be reimbursed from its customer becomes absolute

upon the completion of the terms and conditions of the letter of credit. Under the provisions

of the Uniform Customs and Practice for Documentary Credits, the bank is given a

reasonable amount of time after receipt of the documents to honor the draft.

The issuing banks' role is to provide a guarantee to the seller that if compliant documents

are presented, the bank will pay the seller the amount due and to examine the documents,

and only pay if these documents comply with the terms and conditions set out in the letter of

credit.

Management of Financial Institutions - MGT 604

Typically the documents requested will include a commercial invoice, a transport document

such as a bill of lading or airway bill and an insurance document; but there are many others.

Letters of credit deal in documents, not goods.

Advising Bank

An advising bank, usually a foreign correspondent bank of the issuing bank will advise the

beneficiary. Generally, the beneficiary would want to use a local bank to insure that the

letter of credit is valid. In addition, the advising bank would be responsible for sending the

documents to the issuing bank. The advising bank has no other obligation under the letter of

credit. If the issuing bank does not pay the beneficiary, the advising bank is not obligated to

pay.

Confirming Bank

The correspondent bank may confirm the letter of credit for the beneficiary. At the request

of the issuing bank, the correspondent obligates itself to insure payment under the letter of

credit. The confirming bank would not confirm the credit until it evaluated the country and

bank where the letter of credit originates. The confirming bank is usually the advising bank.

Letter of Credit Characteristics

Negotiability

Letters of credit are usually negotiable. The issuing bank is obligated to pay not only the

beneficiary, but also any bank nominated by the beneficiary. Negotiable instruments are

passed freely from one party to another almost in the same way as money. To be negotiable,

the letter of credit must include an unconditional promise to pay, on demand or at a definite

time. The nominated bank becomes a holder in due course. As a holder in due course, the

holder takes the letter of credit for value, in good faith, without notice of any claims against

it. A holder in due course is treated favorably under the UCC.

The transaction is considered a straight negotiation if the issuing bank's payment obligation

extends only to the beneficiary of the credit. If a letter of credit is a straight negotiation it is

referenced on its face by "we engage with you" or "available with ourselves". Under these

conditions the promise does not pass to a purchaser of the draft as a holder in due course.

Revocability

Letters of credit may be either revocable or irrevocable. A revocable letter of credit may be

revoked or modified for any reason, at any time by the issuing bank without notification. A

revocable letter of credit cannot be confirmed. If a correspondent bank is engaged in a

transaction that involves a revocable letter of credit, it serves as the advising bank.

Once the documents have been presented and meet the terms and conditions in the letter of

credit, and the draft is honored, the letter of credit cannot be revoked. The revocable letter

of credit is not a commonly used instrument. It is generally used to provide guidelines for

shipment. If a letter of credit is revocable it would be referenced on its face.

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Management of Financial Institutions - MGT 604

The irrevocable letter of credit may not be revoked or amended without the agreement of

the issuing bank, the confirming bank, and the beneficiary. An irrevocable letter of credit

from the issuing bank insures the beneficiary that if the required documents are presented

and the terms and conditions are complied with, payment will be made. If a letter of credit is

irrevocable it is referenced on its face.

Transfer and Assignment

The beneficiary has the right to transfer or assign the right to draw, under a credit only when

the credit states that it is transferable or assignable. Credits governed by the Uniform

Commercial Code (Domestic) maybe transferred an unlimited number of times. Under the

Uniform Customs Practice for Documentary Credits (International) the credit may be

transferred only once. However, even if the credit specifies that it is nontransferable or no

assignable, the beneficiary may transfer their rights prior to performance of conditions of

the credit.

Sight and Time Drafts

All letters of credit require the beneficiary to present a draft and specified documents in

order to receive payment. A draft is a written order by which the party creating it, orders

another party to pay money to a third party. A draft is also called a bill of exchange.

There are two types of drafts: sight and time. A sight draft is payable as soon as it is

presented for payment. The bank is allowed a reasonable time to review the documents

before making payment.

A time draft is not payable until the lapse of a particular time period stated on the draft. The

bank is required to accept the draft as soon as the documents comply with credit terms. The

issuing bank has a reasonable time to examine those documents. The issuing bank is

obligated to accept drafts and pay them at maturity.

Standby Letter of Credit

The standby letter of credit serves a different function than the commercial letter of credit.

The commercial letter of credit is the primary payment mechanism for a transaction. The

standby letter of credit serves as a secondary payment mechanism. A bank will issue a

standby letter of credit on behalf of a customer to provide assurances of his ability to

perform under the terms of a contract between the beneficiary. The parties involved with the

transaction do not expect that the letter of credit will ever be drawn upon.

The standby letter of credit assures the beneficiary of the performance of the customer's

obligation. The beneficiary is able to draw under the credit by presenting a draft, copies of

invoices, with evidence that the customer has not performed its obligation. The bank is

obligated to make payment if the documents presented comply with the terms of the letter of

credit.

Standby letters of credit are issued by banks to stand behind monetary obligations, to insure

the refund of advance payment, to support performance and bid obligations, and to insure

the completion of a sales contract. The credit has an expiration date.

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Management of Financial Institutions - MGT 604

The standby letter of credit is often used to guarantee performance or to strengthen the

credit worthiness of a customer. In the above example, the letter of credit is issued by the

bank and held by the supplier. The customer is provided open account terms. If payments

are made in accordance with the suppliers' terms, the letter of credit would not be drawn on.

The seller pursues the customer for payment directly. If the customer is unable to pay, the

seller presents a draft and copies of invoices to the bank for payment.

The domestic standby letter of credit is governed by the Uniform Commercial Code. Under

these provisions, the bank is given until the close of the third banking day after receipt of

the documents to honor the draft.

Procedures for Using the Tool

The following procedures include a flow of events that follow the decision to use a

Commercial Letter of Credit. Procedures required to execute a Standby Letter of Credit are

less rigorous. The standby credit is a domestic transaction. It does not require a

correspondent bank (advising or confirming). The documentation requirements are also less

tedious.

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.

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Management of Financial Institutions - MGT 604

Standard Forms of Documentation

When making payment for product on behalf of its customer, the issuing bank must verify

that all documents and drafts conform precisely to the terms and conditions of the letter of

credit. Although the credit can require an array of documents, the most common documents

that must accompany the draft include:

Commercial Invoice

The billing for the goods and services. It includes a description of merchandise, price, FOB

origin, and name and address of buyer and seller. The buyer and seller information must

correspond exactly to the description in the letter of credit. Unless the letter of credit

specifically states otherwise, a generic description of the merchandise is usually acceptable

in the other accompanying documents.

Bill of Lading

A document evidencing the receipt of goods for shipment and issued by a freight carrier

engaged in the business of forwarding or transporting goods. The documents evidence

control of goods. They also serve as a receipt for the merchandise shipped and as evidence

of the carrier's obligation to transport the goods to their proper destination.

Warranty of Title

A warranty given by a seller to a buyer of goods that states that the title being conveyed is

good and that the transfer is rightful. This is a method of certifying clear title to product

transfer. It is generally issued to the purchaser and issuing bank expressing an agreement to

indemnify and hold both parties harmless.

Letter of Indemnity

Specifically indemnifies the purchaser against a certain stated circumstance.

Indemnification is generally used to guaranty that shipping documents will be provided in

good order when available.

Common Defects in Documentation

About half of all drawings presented contain discrepancies. A discrepancy is an irregularity

in the documents that causes them to be in non-compliance to the letter of credit.

Requirements set forth in the letter of credit cannot be waived or altered by the issuing bank

without the express consent of the customer. The beneficiary should prepare and examine

all documents carefully before presentation to the paying bank to avoid any delay in receipt

of payment. Commonly found discrepancies between the letter of credit and supporting

documents include:

Letter of Credit has expired prior to presentation of draft.

Bill of Lading evidences delivery prior to or after the date range stated in the credit.

Stale dated documents.

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Management of Financial Institutions - MGT 604

Changes included in the invoice not authorized in the credit.

Inconsistent description of goods.

Insurance document errors.

Invoice amount not equal to draft amount.

Ports of loading and destination not as specified in the credit.

Description of merchandise is not as stated in credit.

A document required by the credit is not presented.

Documents are inconsistent as to general information such as volume, quality, etc.

Names of documents not exact as described in the credit. Beneficiary information

must be exact.

Invoice or statement is not signed as stipulated in the letter of credit.

When a discrepancy is detected by the negotiating bank, a correction to the document may

be allowed if it can be done quickly while remaining in the control of the bank. If time is

not a factor, the exporter should request that the negotiating bank return the documents for

corrections.

If there is not enough time to make corrections, the exporter should request that the

negotiating bank send the documents to the issuing bank on an approval basis or notify the

issuing bank by wire, outline the discrepancies, and request authority to pay. Payment

cannot be made until all parties have agreed to jointly waive the discrepancy.

Tips for Exporters

Communicate with your customers in detail before they apply for letters of credit.

Consider whether a confirmed letter of credit is needed.

Ask for a copy of the application to be fax to you, so you can check for terms or

conditions that may cause you problems in compliance.

Upon first advice of the letter of credit, check that all its terms and conditions can be

complied with within the prescribed time limits.

Many presentations of documents run into problems with time-limits. You must be

aware of at least three time constraints - the expiration date of the credit, the latest

shipping date and the maximum time allowed between dispatch and presentation.

If the letter of credit calls for documents supplied by third parties, make reasonable

allowance for the time this may take to complete.

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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