Letter of credit and its operation procedures in banks

A TERM PAPER
ON

LETTER OF CREDIT AND ITS OPERATION PROCEDURES IN BANKS

Course code: FB-509 Course Title: Principles and Practices of Banking

SUBMITTED TO

Abdullah Al Mahmud
Lecturer Department of Banking Faculty of Business Studies University of Dhaka
[Submitted for the partial fulfillment of the requirements of the degree in Master of Business Administration (Banking)]

PREPARED AND SUBMITTED BY Md. Ataur Rahman Md. Abu Zamih Md. Abul Kalam Azad Ms. Rukshana Alam ID: 50917063 ID: 50917063 ID: 50815012 ID: 50917066

Submission Date: July 22, 2010

University of Dhaka
Department of Banking
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Letter of credit and its operation procedures in banks

Chapter I

INTRODUCTION
Letter of Credit (L/C) is a very important issue of foreign exchange management because without L/C import and export cannot be possible. Importer and Exporter do not know each other. For this reason settlement of payment cannot be possible without the arrangement of Bank particularly in foreign trade. Therefore import/Export also cannot be possible if no L/C can be made through Bank. So L/C is a very important issue in foreign trade. L/C is a guarantee of a bank (Issuing Bank) on behalf of the importer in a trade in favor of the exporter to pay a certain sum of money under some specific terms and conditions. So, an L/C is a negotiable instrument (A form of documentary credit) that carries a promise of payment with the fulfillment of certain conditions. An L/C can be used in foreign trade as well as for local payments. While a letter of credit is issued for a guarantee in a specific transaction, a standby letter of credit is a general letter providing a guarantee for a specific period of time. Most letters of credit are irrevocable, but occasionally a letter of credit is revocable; that is, it can be canceled by the bank without notifying the beneficiary. So it is very important for every business people and all concerned to know what the letter of credit is, how it works and how it helps in international trade. Keeping in mind the above stated fact the present study was taken to cover the following aspects:
i.

Helps to know all about of a letter of credit. How letter credit works in international trade payment. How a third party i.e., the bank can help in export and import business.

ii.

iii.

Letter of credit and its operation procedures in banks

Chapter II

DESCRIPTION
2. LETTER OF CREDIT AND ITS OPERATION PROCEDURES IN BANKS: 2.1 OPENING WORDS: One of the important functions of commercial banks is to finance import and export trades. In international trade, because of distance involved, buyers and sellers do not know each other. It is difficult for them for appreciate each others integrity and credit worthiness, and, apart from this, it is also difficult to know various regulations prevailing in their respective countries regarding imports and exports. Thus, the buyer wants to be assured of goods and the seller to be assured of payments. Commercial banks, therefore, assure these things to happen simultaneously by opening letter of credit guaranteeing payment to seller and delivery of goods to buyer. By opening a letter of credit on behalf of a buyer in favor of a seller, commercial bank undertakes to make payment to a seller subject to submission of documents drawn in strict compliance with letter of credit terms giving title of goods to the buyer. It is a conditional guarantee. The letter of credit, thus, constitutes one of the most important methods of financing foreign trade. In fact a letter of credit carries a promise or an undertaking by the issuing banker which is valued and honored on a global basis. Similarly, the buyer is interested that he gets possession of goods before he pays for them and he is able to make sure that the goods are exactly those he ordered. It is important to decide in advance how a seller is going to get payment before handling over possession of goods and how the buyer is going to get constructive possession of the goods before making payment. This is more so because the parties are located in two different countries separated by distance, with different political, legal, monetary and trading system and possibly without knowing each other well. The two trading partners wish to reconcile the conflicting interests and converging them into one acceptable solution. This object led to research for a system which is mutually convenient, reliable and safe, taking into account their own individual problems, apprehensions and requirements.

Letter of credit and its operation procedures in banks

The solution resulted in the evolution of Documentary Credit method where a bank acts as a fiduciary delivery of goods by the seller to the buyer and payment being made by the buyer on presentation of documents complying with the terms and conditions of the credit. 2.2 LETTER OF CREDIT: A letter of credit is a document issued by a bank which provides a guarantee of funding for a business. Letters of credit are used particularly in overseas transactions, where a company in one country wishes to purchase goods or services from a company in another company. The bank reviews the buyer's credit and provides a guarantee of payment in case of default by the buyer. The person receiving the letter of credit is considered the "beneficiary." A letter of credit may be a commercial or non-commercial one. When it relates to a mercantile transaction, i.e., buying and selling of goods, it is called a commercial letter of credit. When it does not relate to any mercantile transaction but only conveys an order of opening banker to his overseas correspondent to pay to a third party named in the order within a specified period of time, against drafts drawn upon him by that party upto a stated amount, it is non-commercial, and is called circular letter of credit. A commercial credit may be clean or documentary. If the letter undertakes to honor bills without conditions, it is called a clean letter of credit. If in a commercial letter of credit the banker undertakes to honor bills drawn under it only on tender of the documents of title to the goods to which such bills relate, such as, bill of lading and other shipping documents, the letter is called a Documentary Letter of Credit, or simply Documentary Credit. A letter of Credit or Documentary Credit is an arrangement whereby the obligation to pay to the supplier is undertaken by the bank. Documentary credits therefore are an arrangement by banks for settling international commercial transactions. provide a form of security for the parties involved.

Letter of credit and its operation procedures in banks

ensure payment provided that the terms and conditions of the credit have been fulfilled. mean that payment by such means is based on documents only, and not on merchandise or services involved.

2.3 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

2.4 TYPES OF COMMERCIAL LETTER OF CREDITS: We can divide L/Cs into two broad categories. Revocable L/C The terms and conditions of L/C can be changed at any time without the consent of or notice of the beneficiary. In case of seller (Beneficiary) revocable credit involves risk. A revocable credit may be amended or cancelled by the issuing bank prior notice to the beneficiary. On the other hand revocable credit gives the buyer maximum flexibility. This kind of L/C does not exist in our country.

Irrevocable L/C The terms and conditions of L/C cannot be changed. This kind of L/C exists in Bangladesh. It is a definite undertaking of the issuing Bank, provided that the stipulated documents are presented to the nominated Bank. Once this commitment has been entered into, the bank cannot disown its responsibility without the agreement of the beneficiary. A unilateral amendment or cancellation, as in the case of a revocable credit is not possible in case irrevocable, unconfirmed credit. Since under the documentary credit a debt relationship exists only between the issuing bank and beneficiary, it is advisable to 5

Letter of credit and its operation procedures in banks

assess the issuing banks standing as well as the sovereign and transfer risk of the country involved. Types of documentary credits according to payment methods Sight Payment Credit The payment is made as soon as documents shown to the issuing Bank and payment received from importer. Instruction is given to reimbursing bank to give payment.

Deferred Payment Credit The payment of this kind of L/C is made after 30, 60, 90, 120 or 180 days soon as documents shown to the issuing Bank. The credit with deferred payment differs only slightly in its effect on the beneficiary from the credit with time draft. It is also called USANCE L/C. Special types of Documentary Letter of credit Revolving Credit A Revolving credit is one where under the terms and conditions thereof the amount of the credit is renewed or reinstated without specific amendment to the credit being needed. It can revolve in relation to time or value. But credit the revolves in relation to value is not in common use. Back to Back Credit Another special type of L/C is issued in Bangladesh that is called Back-to-Back (B to B) L/C where the applicant opens an L/C against another export L/C. These B to B L/Cs are USANCE L/Cs. 2.5 IN AN L/C CYCLE, THE FOLLOWING ARE THE COMMON PARTIES Importer: The party that imports goods, also knows as applicant, buyer, consignee. Exporter: The party that sells or export goods, also known as seller, beneficiary.

Letter of credit and its operation procedures in banks

Issuing Bank: The Importers bank that issues the L/C. It is also called L/C opening Bank. Advising Bank: The responsibility of this Bank is To authenticate the issuing Bank Verbally tells the exporter that the Advising Bank cannot authenticate the issuing Bank but the exporter is well known to the advising bank. Issuing bank must have a BKE (Bilateral Key Exchange) arrangement with the advising bank.

Negotiating Bank: The bank that the Exporter after receiving the L/C negotiates it along with other documents for receiving the proceeds from the issuing bank. Add Confirming Bank: Being suspicious about the payment, sometimes the exporter may ask for confirmation of the payment from a bank of his own country a bank giving such confirmation is called confirming bank that takes a confirmation charge from the issuing bank. Reimbursement Bank: This is the bank that the L/C issuing bank maintains its nostro account with. Upon instruction from the Issuing Bank, the reimbursement bank makes transfer of funds to the negotiating bank.

2.6 ADVANTAGES OF A LETTER OF CREDIT TO THE BENEFICIARY: A letter of credit is an instrument, which facilitates trade transactions between two parties who are not known to each other. The major advantages derived by the seller or the beneficiaries of a letter of credit are as follows:
1)

Certainty of payment and avoidance of risk Though the exporter may be quite unfamiliar with the importer, the letter of credit provides him an absolute assurance that the bills of exchange drawn under the letter of credit will be honored.

Letter of credit and its operation procedures in banks

2)

Immediate negotiation of the bills is possible under letter of credit Bills drawn under the letter of credit are readily negotiated by the advising/confirming banker or any other banker, because of the firm undertaking given by the opening banker. The seller (or exporter) is able to realize the amount of the bill immediately by negotiating it with any banker. Security against Exchange Restriction The opening banker issues a letter of credit after having been satisfied that the exchange control regulates of his own country do not impose any restriction on the transfer of money for the purpose in question. The availability of necessary foreign exchange in the importers country for honoring the bill is taken for granted. The transfer risks are thus avoided and the exporter need not investigate into the foreign exchange regulations in the importers country. Advance may be obtained The exporter may obtain an advance from the bank on the basis of a letter of credit for the purpose of procuring and processing or manufacturing the goods to be exported.

3)

4)

2.7 ADVANTAGES OF LETTER OF CREDIT TO THE BUYER: 1) The issuing banker lends the benefit of his own credit to the importer, who is enabled to import the good which is otherwise not possible.
2)

The letter of credit gives an assurance to the importer that the bills of exchange drawn under the letter of credit will be honored only when they are strictly in accordance with the conditions laid down in the letter of credit and the documents required therein are duly enclosed.

2.8 MECHANISM OF LETTER OF CREDIT: 8

Letter of credit and its operation procedures in banks

The following diagram brings out clearly the operation of letter of credit.

Contract of Sale (1)

Exporter London (Beneficiary)

Ships Goods to (5)

Importer Dhaka (Applicant)

Forwards L/C to (4)

Presents Docs and Obtains Payment from (6)

Recovers Amount From and Deliver Docs (8)

Applies for opening of L/C (2)

Midland Bank London Advising / Negotiating bank

Sent Docs and Obtains Reimbursement (7)

Modern Bank Dhaka (Issuing Bank)

Opens L/C and sends it to (3)

Fig 01: Diagrammatic representation of the operation of letter of credit

2.9 AVAILABILITY:

Letter of credit and its operation procedures in banks

A letter of credit being an irrevocable undertaking of the issuing bank makes available the Proceeds, to the Beneficiary of the Credit provided, stipulated documents strictly complying with the provisions of the letter of credit, UCP 600 and other international standard banking practices, are presented to the issuing bank, then:

i.if the Credit provides for sight payment by payment at sight against compliant presentation ii.if the Credit provides for deferred payment by payment on the maturity date(s) determinable in accordance with the stipulations of the Credit; and of course undertaking to pay on due date and confirming maturity date at the time of compliant presentation

iii.a.if the Credit provides for acceptance by the Issuing Bank by acceptance of Draft(s) drawn by the Beneficiary on the Issuing Bank and payment at maturity of such tenor draft, or

iii.b. if the Credit provides for acceptance by another drawee bank by acceptance and payment at maturity Draft(s)drawn by the Beneficiary on the Issuing Bank in the event the drawee bank stipulated in the Credit does not accept Draft(s) drawn on it,

or by payment of Draft(s) accepted but not paid by such drawee bank at maturity;

iv. if the Credit provides for negotiation by another bank by payment without recourse to drawers and/or bona fide holders, Draft(s) drawn by the Beneficiary and/or document(s) presented under the Credit, (and so negotiated by the nominated bank )

Negotiation means the giving of value for Draft(s) and/or document(s) by the bank authorized to negotiate, viz the nominated bank. Mere examination of the documents and forwarding the same to the letter of credit issuing bank for reimbursement, without giving of value / agreed to give, does not constitute a negotiation.

2.10 SOME OF THE DOCUMENTS CALLED FOR UNDER A LETTER OF CREDIT:

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Letter of credit and its operation procedures in banks

Financial Documents Bill of Exchange, Co-accepted Draft

Commercial Documents Invoice, Packing list

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

Official Documents License, Embassy legalization, Origin Certificate, Inspection Certificate, Phytosanitary certificate

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

Insurance documents Insurance policy, or Certificate but not a cover note.

2.11 LEGAL PRINCIPLES GOVERNING DOCUMENTARY CREDITS:

One of the primary peculiarities of the documentary credit is that the payment obligation is abstract and independent from the underlying contract of sale or any other contract in the transaction. Thus the banks obligation is defined by the terms of the credit alone, and the sale contract is irrelevant. The defences of the buyer arising out of the sale contract do not concern the bank and in no way affect its liability. Article 4(a) UCP states this principle clearly. Article 5 the UCP further states that banks deal with documents only, they are not concerned with the goods (facts). Accordingly, if the

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Letter of credit and its operation procedures in banks

documents tendered by the beneficiary, or his or her agent, appear to be in order, then in general the bank is obliged to pay without further qualifications. The policies behind adopting the abstraction principle are purely commercial and reflect a partys expectations: firstly, if the responsibility for the validity of documents was thrown onto banks, they would be burdened with investigating the underlying facts of each transaction and would thus be less inclined to issue documentary credits as the transaction would involve great risk and inconvenience. Secondly, documents required under the credit could in certain circumstances be different from those required under the sale transaction; banks would then be placed in a dilemma in deciding which terms to follow if required to look behind the credit agreement. Thirdly, the fact that the basic function of the credit is to provide the seller with the certainty of receiving payment, as long as he performs his documentary duties, suggests that banks should honour their obligation notwithstanding allegations of misfeasance by the buyer. Finally, courts have emphasised that buyers always have a remedy for an action upon the contract of sale, and that it would be a calamity for the business world if, for every breach of contract between the seller and buyer, a bank were required to investigate said breach. The principle of strict compliance also aims to make the banks duty of effecting payment against documents easy, efficient and quick. Hence, if the documents tendered under the credit deviate from the language of the credit the bank is entitled to withhold payment even if the deviation is purely terminological. 2.12 LEGAL BASIS FOR LETTERS OF CREDIT Although documentary credits are enforceable once communicated to the beneficiary, it is difficult to show any consideration given by the beneficiary to the banker prior to the tender of documents. In such transactions the undertaking by the beneficiary to deliver the goods to the applicant is not sufficient consideration for the banks promise because the contract of sale is made before the issuance of the credit, thus consideration in these circumstances is past. In addition, the performance of an existing duty under a contract cannot be a valid consideration for a new promise made by the bank: the delivery of the goods is consideration for enforcing the underlying contract of sale and cannot be used, as it were, a second time to establish the enforceability of the bank-beneficiary relation.

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Letter of credit and its operation procedures in banks

Legal writers have failed to satisfactorily reconcile the banks undertaking with any contractual analysis. The theories include: the implied promise, assignment theory, the novation theory, reliance theory, agency theories, estoppels and trust theories, anticipatory theory, and the guarantee theory. Davis, Treitel, Goode, Finkelstein and Ellinger have all accepted the view that documentary credits should be analyzed outside the legal framework of contractual principles, which require the presence of consideration. Accordingly, whether the documentary credit is referred to as a promise, an undertaking, a chose in action, an engagement or a contract, it is acceptable in English jurisprudence to treat it as contractual in nature, despite the fact that it possesses distinctive features, which make it sui generis. A few countries including the US (see Article 5 of the Uniform Commercial Code) have created statutes in relation to the operation of letters of credit. These statutes are designed to work with the rules of practice including the UCP and the ISP98. These rules of practice are incorporated into the transaction by agreement of the parties. The latest version of the UCP is the UCP600 effective July 1, 2007. The previous revision was the UCP500 and became effective on 1 January 1994. Since the UCP are not laws, parties have to include them into their arrangements as normal contractual provisions.

2.13 RISK SITUATIONS IN LETTER-OF-CREDIT TRANSACTIONS Fraud Risks

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

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Letter of credit and its operation procedures in banks

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

Risks to the Applicant

Non-delivery of Goods Short Shipment Inferior Quality Early /Late Shipment Damaged in transit Foreign exchange Failure of Bank viz Issuing bank / Collecting Bank

Risks to the Issuing Bank

Insolvency of the Applicant 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

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

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Letter of credit and its operation procedures in banks

Risks to the Advising Bank

The Advising Banks only obligation if it accepts the Issuing Banks instructions 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 Banks 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

Other Risks in International Trade

A Credit risk is a risk from change in the credit of an opposing business. An Exchange risk is a risk from a change in the foreign exchange rate. A Force majeure risk is 1. a risk in trade incapability caused by a change in a country's policy, and 2. a risk caused by a natural disaster. Other risks are mainly risks caused by a difference in law, language or culture. In these cases, the cargo might be found late because of a dispute in import and export dealings.

2.14 OPENING OF LETTER OF CREDIT:

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Letter of credit and its operation procedures in banks

Import section of any bank deals with L/C opening and post import financing i.e. LIM & LTR. Now the procedure from opening L/C to disbursement against L/C is given below. Application for Opening L/C: At first, an importer will request banker to open L/C along with the following documents. 1. An application 2. Indent or Performa Invoice 3. Import Registration Certificate (IRC) 4. Taxpayer Identification Number (TIN) 5. Insurance cover note with money receipt 6. A bank account. 7. Membership of chamber of commerce Indent or Performa Invoice: Indent or Performa invoice is the sale contract between seller and buyer in import-export business. There is slight difference between indent and Performa invoice. The sales contract, which is direct correspondence between importer and exporter, is called Performa invoice. There is no intermediary between them. On the other hand, there may be an agent of exporter in importers country. In this regard, if the sale contract is occurred between the agent of exporter and importer then it is called indent. Delivered Forms by Banker to Importer: After scrutinizing above-mentioned documents carefully, officer delivers the following forms to be filled up by importer and banker should check: Whether the goods to be imported is permissible or not. Whether the goods to be imported is demandable or not.

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Letter of credit and its operation procedures in banks

The forms are: Import Mercendised Permit Form (IMP). L/C Application Form (L/CAF). L/C Authorization Form (L/CAF). Preparation of L/C by Banker: Banks officer prepares L/C when above mentioned forms are to be submitted by customer or importer. Before preparing L/C bank officer scrutinizes the application in the following manner.

The terms and conditions of the L/C must be complied with UCPDC 600 and Exchange Control & Import Trade Regulation.

Eligibility of the goods to be imported. The L/C must not be opened in favor of the importer.

Radioactivity report in case of food item.

Survey reports or certificate in case of old machinery is required. Bank of the importer is called L/C Issuing Bank. Then issuing bank inform its corresponding bank, called Advising Bank or Confirming Bank located in exporters country to advice and the credit forward to the exporter and simultaneously officer makes L/C opening vouchers. Desk Work: One debit voucher to be passed.

Corresponding credit voucher to be passed (Margin, commission, postage, stamp, F.C.C. and others).

Liability voucher to be passed.

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Letter of credit and its operation procedures in banks

Accounting treatment: L/C Applicants A/C or Customers A/C Margin A/C Commission A/C VAT on Commission A/C Postage A/C Stamp A/C F.C.C. (foreign corresponding charge) A/C Telex charge A/C Other A/C Customers liability A/C Bankers liability A/C Cr. Dr. Cr. Dr. Cr. Cr. Cr. Cr. Cr. Cr. Cr.

Forwarding Documentary Credit by Advising or Confirming Bank: There are usually two banks involved in a documentary credit operation. The issuing bank and the 2nd bank, the advising bank, is usually a bank in the sellers country. The issuing bank asks another bank to advise or confirm the credit. If the 2nd bank is simply advice or credit, it will mention that when it forwards the credit to seller, such a bank is under no commitment or obligation to pay the seller. If the advising bank is also confirming the credit, this mention that the confirming bank, regardless of any other consideration, must pay accept or negotiate without recourse to seller. Then the bank is confirming bank.

Submission of Necessary Documents by Exporter to the Negotiating Bank: As soon as the seller / exporter receives the credit and is satisfied that he can meet its terms and conditions, he is in position to load the goods and dispatch them. The seller

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Letter of credit and its operation procedures in banks

then

sends

the

documents

evidencing

the

shipment

to

the

bank.

Exporter will submit those documents in accordance with the terms and conditions as mentioned in L/C. Generally the documents observed by me in the foreign exchange department are: o Bill of exchange o Commercial invoice o Bill of lading o Certificate of origin o Packing list o Clean report of finding (CRF) o Weight list o Insurance cover note o Pre-shipment certificate SOME RELEVENT DEFINITIONS Bill of Exchange: According to the section 05, Negotiable Instruments (NI) Act, unconditional order signed by the maker, directing a certain person to pay [on or to the order of a certain person or to the bearer of the instrument. It may be either at sight or certain day sight. At sight means making payment whenever documents will reach in the issuing bank. Commercial Invoice: Commercial Invoice issued by exporter is the accounting document by which the seller charges the goods to buyer.

Bill of lading:

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Letter of credit and its operation procedures in banks

A bill of lading is a document usually stipulated in a credit when exporter dispatches the goods. It is an evidence of a contract of carriage, is a receipt for the goods and is a document of title to goods. It also constitutes a document that is or may be, needed to support an insurance claim.

The Documents Sent to the Issuing Bank through the Negotiating Bank: The negotiating bank carefully checks the documents provided by the exporter against the credit, and if the documents meet all the requirement of the credit, the bank will pay, accept, or negotiate in accordance with the terms and conditions of the credit. Then the bank sends the documents to the L/C opening bank.

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. 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.

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Letter of credit and its operation procedures in banks

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.

Making the Payment of Foreign Bill through the Reimbursing Bank: The L/C issuing bank getting the documents checks immediately and if they are in order and meet the credit requirements, it will arrange to make payment against L/C through reimbursement bank and will send the importer the document arrival notice. But if there is any discrepancy in the documents, the L/C issuing bank send message to the negotiating bank to rectify it under its risks and responsibilities. 2.15 POST-IMPORT FINANCING: If there is no available in cash in importers hand, he can rrequest the bank to grant loan against the documents for the purpose of post import finance. There are two following forms of post import finance available. LIM (Loan against imported merchandise).

LTR (Loan against trust receipt).

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Letter of credit and its operation procedures in banks

On the arrival of goods and lodgment of import documents, importer may request the bank for clearance of goods from the port (custom) and keep the same to bank godown. Proper sanction from the competent authority is to be obtained before clearance of consignment. For giving these types of loan, officer makes loan proposal and sends it to H/O for approval. After getting approval from H/O, bank grants loan in the form of either LTR or LIM. Accounting treatment: LIM/LTR creation: LTR/LIM (Importer) A/C PAD A/C After payment of the loan or delivery of goods: Partys A/C LTR/LIM A/C Interest A/C Dr. Cr. Cr. Dr. Cr.

By and large, it is mentioned herewith that bank only deals with the documents, not with goods & services in case of foreign exchange business.

2.16 A CASE STUDY (PRACTICAL L/C OPERATION PROCEDURE)

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Letter of credit and its operation procedures in banks

M/S Popular Computer a composite limit holder of Al-Arafah Islami Bank Ltd. M/S Popular Computer was operating its business locally in the ICT sector in Bangladesh since 1997. In 2009, Mr. Nasiruddin, proprietor of M/S Popular Computer, wants to import computer and its accessories from China. In this regard he contacted over internet with a computer hardware exporting company in China named TNN Pacific (Pte.) Ltd. After fruitful discussion, they were agreed to create a business relationship and signed a contract regarding this. M/S Popular Computer collected a proforma invoice from TNN Pacific (Pte.) Ltd. and came to our bank premises to open a L/C favoring TNN Pacific (Pte.) Ltd., China to 1000 pcs Computer Monitor. Total price was USD. 48000. Now the roles played by the bankers are as follows: Submission of Required Documents by the Importer: When Mr. Nasiruddin, proprietor of M/S Popular Computer, came to the banker, the banker said him that you have to submit the following documents a) IRC (Import Registration Certificate) b) Trade License c) VAT Certificate d) TIN Certificate e) Membership Certificate from the concerned authority f) Proforma Invoice g) Application to the Branch Manager h) Credit Report of TNN Pacific (Pte.) Ltd. Then the M/S Popular Computer provided all the above mentioned documents to the banker. L/C Margin Development: After receiving the above necessary documents, the banker discussed with the importer about the security against the L/C. After discussion, M/S Popular Computer and the banker came into an agreement that it has to give 20% of the L/C value as cash security i.e., margin. The L/C value was USD. 48000 equivalent Tk. 33,12,000/= ($1 = Tk. 69.00). The 20% margin of Tk. 33,12,000/= stands at Tk. 6,62,400/=. The L/C commission and other charges of the bank stands at Tk. 15000/=

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Letter of credit and its operation procedures in banks

Now the importer deposited total Tk. 6,77,400/= (margin Tk. 6,62,400/= + commission along with other charges Tk. 15000/=) in his current account maintained with the bank. Taking Charge Documents from the Importer: M/S Popular Computer wants to open a sight L/C under commercial sector favoring TNN Pacific (Pte) Ltd. Now the importer has to sign all the charge documents supplied by the bank. The charge documents comprise of the following: Demand Promissory Note (DP Note) Demand Promissory Delivery Letter Letter of Credit Application Form Letter of Credit Authorization Form for Commercial Importer (LCAF) Import Form (IMP Form) Letter of Guarantee (Personal Guarantee) After receiving the signed charge documents from the importer then the banker collected CIB report of M/S Popular Computer from Bangladesh Bank. It was found that the importer has no overdue liability in other banks. Insurance of Merchandise for Risk Coverage: M/S Popular Computer collected Marine Insurance Cover Note from Islami Commercial Insurance Co. Ltd. Opening of L/C: After completing all the above mentioned formalities, the bank has opened a sight L/C for USD. 48000 favoring TNN Pacific (Pte.) Ltd., China through SWIFT. The latest date of shipment was 30/05/10. L/C sent to the Advising Bank: The advising bank mentioned in the L/C was Standard Chartered Bank (SCB), Shanghai, China. After getting the L/C the SCB, Shanghai advised the L/C to TNN Pacific (Pte) Ltd. (exporter).

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Letter of credit and its operation procedures in banks

Shipment: After receiving the L/C, TNN Pacific (Pte) Ltd. manufactured the goods and shipped the goods within 30/05/10 through shipping line named Hanjin Shipping Lines Ltd. The Hanjin Shipping Lines Ltd. issued the Bill of Lading. Negotiation: The exporter prepared all the following documents Bill of Exchange Commercial Invoice Packing List Bill of Lading Certificate of Origin Shipment Advice After preparing all the documents, the exporter presented the documents at the counter of HSBC, Shanghai for negotiation. The HSBC, Shanghai acted as a Negotiating Bank of the exporter. After scrutinizing the documents the HSBC found that docs are complied with L/C terms and conditions. The HSBC, Shanghai negotiate the docs and sent it to the L/C issuing bank i.e., Al-Arafah Islami Bank Ltd. for payment. Payment: The issuing bank scrutinized the documents and found that the document is fully complied as per L/C terms and conditions. Now the issuing bank intimated the importer i.e., M/S Popular Computer that we have received the documents against your L/C and document is discrepancy free document. Then the importer took the delivery of documents after making payment for the remaining L/C value. After receiving the full amount from the importer, the issuing bank deliver the documents to the importer. Then the issuing bank made payment to the negotiating bank within five working days by issuing a payment instruction to SCB, New York.

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Reimbursement: The issuing bank issued payment instruction as per payment instruction of negotiating bank to SCB, New York in which the issuing bank, Al-Arafah Islami Bank Ltd., maintained a NOSTRO account and the SCB, New York played the role of reimbursing bank. After receiving payment instruction from Al-Arafah Islami Bank Ltd. the SCB, New York debit the NOSTRO account of Al-Arafah Islami Bank Ltd. and made payment to the negotiating bank i.e., HSBC, Shanghai. In this way, the negotiating bank received their payment against the L/C. These are all about a case of Al-Arafah Islami Bank Ltd. regarding a L/C operation.

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Chapter III

SUMMARY AND CONCLUSION

Letters of credit make it possible to do business worldwide. The use of the letters of credit as a tool to reduce risk has grown substantially over the past decade. Letters of credit accomplish their purpose by substituting the credit of the bank for that of the customer, for the purpose of facilitating trade. Commercial letters of credit are used primarily to facilitate foreign trade. The commercial letter of credit is the primary payment mechanism for a transaction. The bank will issue the credit on behalf of a customer to provide assurances of his ability to perform under the terms of a contract. Upon receipt of the letter of credit, the credit professional should review all items carefully to insure that what is expected of the seller is fully understood and that he can comply with all the terms and conditions. When compliance is in question, the buyer should be requested to amend the credit. In international trade bank acts as a third party for making hassle free business transaction between importers and exporters. There are usually two banks involved in a documentary credit operation. The issuing bank and the 2nd bank, the advising bank, is usually a bank in the sellers country. The issuing bank asks another bank to advise or confirm the credit. Upon receipt of the letter of credit the exporter ensures shipment of goods as per credit terms and processes all relevant documents in order to submit to the negotiating bank for negotiation. Upon scrutinizing the documents the negotiating bank forward the document to the issuing or reimbursing bank for getting payment. After receiving the documents at its counter during business hour the negotiating bank have made payment after scrutinizing the documents with strict compliance of the respective letter of credit. Thus commercial letter of credit uses as a very important tool for settling international commercial transactions.

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REFERENCES

Chowdhury, L.R. 2006. A Textbook on Foreign Exchange. Second Edn. Paradise Printers, 44/C-1, Azimpur, Dhaka. pp. 342-345. http://biztaxlaw.about.com/od/glossaryl/g/letterofcredit.htm http://en.wikipedia.org/wiki/Letter_of_credit http://www.crfonline.org/orc/cro/cro-9-1.html http://www.creditguru.com/guestarticleLC.htm http://www.creditguru.com/guestarticleLC.htm https://www.key.com/pdf/sampleloc.pdf http://www.reportbd.com/articles/84/1/Types-amp-Parties-of-LC-Letter-of Credit/Page1.html

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