Terminology

The English name "etter of credit"derives from the French word "ccreditation" a power to do something, which in turn is derivative of the Latin word "ccreditivus" meaning trust  Application any defence relating to the underlying contract of sale. This is as long as the seller performs their duties to an extent that meets the requirements contained in the L/C.

Some of the Documents Called for under a L/C

1.Financial Documents

Bill of Exchange, Co-accepted Draft

2.Commercial Documents

Invoice, Packing list

3.Shipping Documents

Transport Document, Insurance Certificate, Commercial, Official or Legal Documents

4.Official Documents

License, Embassy legalization, Origin Certificate, Inspection Cert , Phyto-sanitary Certificate

5. Transport Documents

Bill of Lading (ocean or multi-modal or Charter party), Airway bill, Lorry/truck receipt, railway receipt, CMC Other than Mate Receipt, Forwarder Cargo Receipt, Deliver Challan...etc

6.       Insurance documents

Insurance policy, or Certificate but not a cover note.

The price of LCs

All the charges for issuance of Letter of Credit, negotiation of documents, reimbursements and other charges like courier are to the account of applicant or as per the terms and conditions of the Letter of credit. If the LC is silent on charges, then they are to the account of the Applicant. The description of charges and who would be bearing them would be indicated in the field 71B in the Letter of Credit.

Risks of L/C

General Risks

1.       If goods are being offered for sale at a price that is too good to be true, then it probably is too good to be true¡¯

Fraud Risks

1.The payment will be obtained for nonexistent or worthless merchandise against presentation by the Beneficiary of forged or falsified documents.

2.       Credit itself may be forged.

Sovereign and Regulatory Risks

Performance of the Documentary Credit may be prevented by government action outside the control of the parties.

Legal Risks

Possibility that performance of a Documentary Credit may be disturbed by legal action relating directly to the parties and their rights and obligations under the Documentary Credit

Force Majeure and Frustration of Contract

Performance of a contract ¨C including an obligation under a Documentary Credit relationship ¨C is prevented by external factors such as natural disasters or armed conflicts

Risks to the Applicant

1. Non-delivery of Goods
2. Short Shipment
3. Inferior Quality
4. Early /Late Shipment
5. Damaged in transit
6. Foreign exchange
7. Failure of Bank viz Issuing bank / Collecting Bank

Risks to the Issuing Bank

1. Insolvency of the Applicant
2. Fraud Risk, Sovereign and Regulatory Risk and Legal Risks

Risks to the Reimbursing Bank

no obligation to reimburse the Claiming Bank unless it has issued a reimbursement undertaking.

Risks to the Beneficiary

1. Failure to Comply with Credit Conditions
2. Failure of, or Delays in Payment from, the Issuing Bank
3. Credit Issued by Party other than Bank

Risks to the Advising Bank

The Advising Bank¡¯s only obligation ¨C if it accepts the Issuing Bank' instructions ¨C is to check the apparent authenticity of the Credit and advising it to the Beneficiary

Risks to the Nominated Bank

Nominated Bank has made a payment to the Beneficiary against documents that comply with the terms and conditions of the Credit and is unable to obtain reimbursement from the Issuing Bank

Risks to the Confirming Bank

If Confirming Bank¡¯s main risk is that, once having paid the Beneficiary, it may not be able to obtain reimbursement from the Issuing Bank because of insolvency of the Issuing Bank or refusal of the Issuing Bank to reimburse because of a dispute as to whether or not payment should have been made under the Credit