Thursday 26 February 2015

Letter of Credit Terms

Acceptance Draft -  payable at a fixed or determinable future date, upon the 
face of which the drawee has acknowledged in writing his or her obligation to
pay at maturity. See also "banker's acceptance" and "trade acceptance".

Account Party - The party instructing the bank to open a letter of credit and on
whose behalf the bank agrees to make payment. In most cases, the account
party is the importer/buyer, and is also known as the applicant.

Advice of Fate - Notification of the status of a collection that is still outstanding.
When a draft bears this phrase, the time begins to run from its date. The date of
maturity is therefore fixed and does not depend on the date of acceptance of the
draft.

Advising Bank - A bank that accepts a letter of credit from the issuing bank,
verifies its authenticity, and forwards it to the beneficiary. The advising bank
does not take on any payment obligations.

After Sight - When a draft bears this phrase, the time begins to run from the
date of its acceptance.

Air Waybill (of lading) - A signed receipt and a contract to deliver goods by
air. Such bills are non-negotiable and do not convey title to the goods as do “To
Order” bills of lading used by ocean and land carriers. The title passes to the
party to whom the goods are consigned (the Consignee).

Amendment - Change to terms of a letter of credit. Beneficiary has the right to
refuse the amendment under an irrevocable letter of credit.

Applicant - See "account party".

Assignment of Proceeds - A request by the beneficiary to pay all or part of the
funds due to him to a third party. This instrument does not transfer rights in the
letter of credit nor the title to the goods.

Back-to-Back Letter of Credit (L/C) - Letter of credit issued for the account
of a buyer who is already holding an L/C in his or her favor. The back-to-back
L/C is issued in favor of the supplier to cover the same shipment as stipulated in
the credit already held by the buyer. Terms of both L/Cs, except for the amount
and expiration date, are so similar that the same documents presented under the
back-to-back credit are subsequently applied against the credit in favor of the
buyer. However, the buyer/beneficiary of the first credit substitutes this draft
and invoice for those presented by the supplier. See also “letter of credit”.

Banker’s Acceptance - Form of credit created when a bank “accepts” a time
draft typically drawn on the bank by a seller of goods.  By accepting a draft, the
bank is obligated to pay the face amount at a specified time in the future, usually
six months or less after acceptance. A seller of merchandise can sell the banker's
acceptance for an amount less than face value and have immediate use of funds.
See also “acceptance”.

Bank Draft - A check drawn by a bank on another bank payable to the seller at
the request of the buyer. The check may be denominated in U.S. Dollars or most
foreign currencies.

Beneficiary - The party who receives payment as stipulated in a letter of credit.
This party is usually the seller/exporter.

Bill of Exchange - Formal written order addressed by one person (drawer) to
another (drawee), signed by the drawer, and directing the drawee to pay on
demand or at a fixed or determinable future time, a certain sum in money to the
order of a specified person (payee).

Bill of Lading (Air, Ocean, Railroad, Truck) - A document of title issued by
the carrier (transport company) or its agent. Bill of lading is a receipt for the
merchandise in transit, as well as a contract for delivery to a specified party at a
specified destination.

“BLANK ENDORSED” - A negotiable bill of lading in which the title to the
merchandise is passed on to another party by means of an endorsement. The
holder of the “blank endorsed” bill of lading is entitled to take possession of the
merchandise.

“CLEAN BILL OF LADING” - One in which the goods are described as having
been received by the carrier in “apparent good order and condition” and without
qualification. “LATE PRESENTATION” (STALE): A bill of lading is presented to
a bank for payment or negotiation after the stipulated date in the letter of credit,
or later than 21 days after the date of its issuance.

“NEGOTIABLE OR ‘TO ORDER’” - A bill of lading in which the merchandise is
consigned directly “to order” or “to the order of” a designated party, usually the
shipper or a bank. The phrase “to order” or “to the order of (a designated party)”
signifies negotiability permitting the title of the merchandise to be transferred
many times by means of appropriate endorsements.

“NOTIFY” - This phrase requires the carrier to notify a designed party upon
arrival of the merchandise, but does not transfer title of the merchandise to that
party.

“STRAIGHT OR NON-NEGOTIABLE” - A bill of lading in which the
merchandise is consigned directly to a designated party, generally the buyer, but
not to his “order”. Delivery of the merchandise is made only to the designated
party, usually without surrendering the bill of lading.

“THROUGH” - A bill of lading issued by a shipping company or their agent
covering more than one mode of transportation.

Cash Against Documents (CAD) - Payment for goods in which an
intermediary (usually a bank) releases title documents to the buyer upon payment
in cash.

Cash in Advance (CIA) - A term of trade in which the exporter does not ship
goods until payment is received; offers the least risk to sellers and the most risk
to buyers.

Clean Draft - A sight or time draft (bill of exchange) which is not accompanied
by additional documents.  Also referred to as "Clean Collection".

Collecting Bank - Bank that acts as an agent for a remitting bank that wishes to
have its collections handled. The collecting bank demands payment from the
buyer and handles the funds received as instructed; generally the funds are sent
back to the remitting bank.

Commercial Invoice - A written and signed list of merchandise and/or services
with associated quantities, prices and expenses. It contains the terms of the sale
and is prepared by the seller to show the total amount owed by the buyer.

Confirmed Credit - A letter of credit in which the issuing bank’s obligation to
pay is backed (confirmed) by a second bank.

Deferred Letter of Credit (L/C) - Letter of credit that calls for payment at a
future date, but does not require a draft. See also “letter of credit” and “usance
letter of credit”.

Direct Collection - Method of payment for goods in which the seller sends a
draft drawn on the buyer, the shipping documents, invoices, insurance
certificates, other appropriate documents directly to the buyer’s bank for
collection. Only an information copy of the advice is sent to the exporter’s bank
to establish and monitor the collection transaction for the seller.

Discrepancy - Any deviation from the terms and conditions of a letter of credit
or from the documents presented under the letter of credit.

Documentary Credit - A letter of credit issued to support the movement of
merchandise supported by shipping documents presented by the beneficiary to
the Issuing Bank for payment or acceptance.

Documents Against Acceptance (D/A) - Instructions given by a shipper to his
or her acceptance bank that the documents attached to a time draft for collection
are deliverable to the drawee/payer against his or her acceptance of the draft.

Documents Against Payment (D/P) - Instructions given by a shipper to his or
her bank that the documents are deliverable to the drawee/payer only against his
or her payment of the draft.

Draft - A draft is a formal demand for payment. It is an unconditional order in
writing, addressed by one party (drawer) to another party (drawee), requiring
the drawee to pay, at a designated or determinable future date, a specified sum in
lawful currency (either in dollars or other currency) to the order of a named
party (the Payee). In international trade, drafts are also known as “Bills of
Exchange.”

Eurodollars - A term used for U.S. dollars held on deposit or traded anywhere
else in the world except in the USA.

Eximbank (Export-Import Bank of the United States) - A U.S. government
agency that offers insurance/guarantees of commercial or political risks
associated with U.S. export transactions. These programs encourage U.S.
exports by reducing the exporter’s risk.

Expiry or Expiration Date - The date on which the draft and documents drawn
under a letter of credit must be presented to the negotiating, accepting, paying,
or issuing bank in order to effect payment. The issuing bank’s obligation ceases
on that date if the letter of credit is a “straight credit.” If the letter of credit is a
“negotiable credit,” the issuing bank must honor the credit, provided the
complying documents were submitted prior to the expiry (or expiration) date.

Foreign Exchange - The process of trading the currency of one country for
that of another.

Foreign Exchange Exposure - A situation in which a U.S. company,
selling/purchasing in a currency other than U.S. Dollars, runs the risk of
receiving a reduced dollar amount or paying an increased dollar amount due to a
fluctuating exchange rate.

Forward Transactions - Foreign exchange transactions settling between three
business days and one year (and sometimes longer).

Freight Forwarder - An independent business that arranges for the shipment of
export cargo and completes the necessary export documentation on behalf of the
exporter.

Irrevocable Letter of Credit (L/C) - Letter of credit that cannot be changed or
cancelled without the consent of all parties involved. Almost all L/Cs are
irrevocable unless otherwise stated on L/C. See also “letter of credit”.

Issuing Bank - Bank that draws up and issues the letter of credit and that
makes payment according to the conditions

Letter of Credit - An instrument issued by a bank, at the request of the
applicant, promising to pay the beneficiary upon his presentation of stipulated
documents in accordance with the terms and conditions of the credit.

“CONFIRMED”: A letter of credit issued by one bank to which another bank
added its irrevocable confirmation to pay, thereby obligating itself in the same
manner as the opening bank.

“STAND-BY”: A letter of credit that generally guarantees payment due for an
unfulfilled obligation on the part of the applicant or another party. It is payable
upon presentation of a draft, as well as a signed statement or certification by the
beneficiary that the applicant has failed in his obligation.

Maturity Date - The date on which negotiable instruments become due for
payment.

Negotiate - Take action to verify that the documents presented under an L/C
conform to the requirements in order to release funds to the seller.

Negotiating Bank - The bank that reviews the documents required in the letter
of credit for compliance with its terms and remits payment to the beneficiary.
The bank may be specifically named in the letter of credit, or may be a bank
chosen by the seller.

Opening Bank - See "Issuing Bank".

Paying Bank - Bank that effects payment of documents negotiated under a letter
of credit, customarily the buyer's bank. It is usually also the negotiating bank,
unless the L/C allows another bank to negotiate or the paying bank is unable to
negotiate. See also "negotiating bank".

Presentation - Presentation for acceptance or payment on a collection or letter
of credit.

Proforma Invoice - An invoice sent in advance of shipment, to enable the buyer
to obtain an import permit or exchange permit or both. The proforma invoice
gives a close approximation of the weights and values of the intended shipment.

Protest - Legal process of demanding payment of a negotiable item from the
maker who has refused to pay.

Red Clause - Clause in a letter of credit that authorizes the advising/negotiating
bank to make an advance payment to the beneficiary before presentation of
shipping documents, usually against a simple receipt.

Reimbursing Bank - The bank names in a letter of credit as the bank authorized
by the issuing bank to honor claims presented by the paying, accepting, or
negotiating bank.

Revocable Letter of Credit (L/C) - A letter of credit that can be modified or
canceled by the issuing bank without the beneficiary’s consent unless the
negotiation of complying documents has already taken place. The issuing bank
must honor the draft(s) negotiated before the notice of revocation has been made.

Spot Transaction - Foreign exchange transaction in which foreign currency is
bought at the current rate of exchange and delivered within two business days
after the transaction date.

Spread - The difference between the buying (bid) rate and the selling (offer) rate
of any foreign currency for any particular period.

Standby Letter of Credit (L/C) - Letter of credit issued to back an obligation
of the applicant, but typically not intended to be the primary method of payment.
Usually payable against drafts and statements, but not against commercial
documents. See also “letter of credit”.

Trade Acceptance - Draft drawn by the seller of goods on the buyer and
accepted by the buyer for payment at a specified future date. See also
“acceptance”.

Transferable Letter of Credit (L/C) - Letter of credit that permits the
beneficiary to transfer all or some of the rights and obligations under the credit to
a second beneficiary. See also “letter of credit”.

UCP - Uniform Customs and Practices for Documentary Credits. Publication
issued by the International Chamber of Commerce (2007 revision, ICC
Publication No. 600, or “UCP 600”) that outlines the rules and guidelines
involved in a letter of credit transaction.

Usance (Time) Credit - Letter of credit that calls for payment against drafts
calling for payment at some specified date in the future. Gives buyers time to sell
the goods to get the funds to reimburse the issuer.

Usance Letter of Credit (L/C) - Letter of credit that calls for payment at a
future date -- generally within six months -- and requires a draft drawn on the
issuing/paying bank for the amount of the invoice. See also “letter of credit”.

Value (Settlement) Date - Contracted date on which the foreign exchange is to
be delivered or received.

Incoterms 2010

3 General Transport
3.1 EXW – Ex Works (named place)
3.2 FCA - Free Carrier (named place of delivery)
3.3 CPT – Carriage Paid To (named place of destination)
3.4 CIP – Carriage and Insurance Paid to (named place of destination)
3.5 DAT – Delivered at Terminal (named terminal at port or place of destination)
3.6 DAP – Delivered at Place (named place of destination)
3.7 DDP – Delivered Duty Paid (named place of destination)

4 Sea and Inland Waterway Transport
4.1 FAS – Free Alongside Ship (named port of shipment)
4.2 FOB – Free on Board (named port of shipment)
4.3 CFR – Cost and Freight (named port of destination)
4.4 CIF – Cost, Insurance and Freight (named port of destination)
5 Allocations of costs to buyer/seller according to Incoterms 2010
6 Previous terms from Incoterms 2000 eliminated from Incoterms 2010
6.1 DAF – Delivered at Frontier (named place of delivery)
6.2 DES – Delivered Ex Ship
6.3 DEQ – Delivered Ex Quay (named port of delivery)
6.4 DDU – Delivered Duty Unpaid (named place of destination)

CDCS Sample Test 5/25 with Answers

1. Letter of credit issued by the issuing bank does not expressly states that it is subject to UCP 600 rules
         
a) Advising bank may advise the same to the beneficiary after authentication
b) Advising bank should ignore L/c received
c) Advising bank may advise the credit to beneficiary after authentication and
    may seek clarification from the issuing bank
d) A  or C

2. UCP 600 uses terms like "banks", "banking days" and "international standard banking practice". Would this imply that UCP 600 couldn't be applicable to credits issued by non-banks?

a) Yes
b) No

3. Are domestic letters of credit covered under the UCP rules or not ?
a) Yes
b) No

4. If letter of credit is silent about applicable rules, which rules will apply ?

a) Latest version of UCP 600
b) UCP 500

c) Not subject ICC rules

5. Can a non-bank can issue a letter of credit subject ICC rules under UCP 600 ?

a) Yes
b) No

6. We issued letter of credit by SWIFT before 1st of July 2007 stating that it is subject to “UCP LATEST VERSION”. When we receive documents under this credit after July 1st 2007, which version of UCP will the credit be subject UCP 500 or UCP 600 ?

a) UCP 500
b) UCP 600
c) Seek clarification from applicant

7. An issuing bank becomes bound by the terms of an amendment to a documentary credit at the time at which the :

a) Beneficiary accepts the amendment whether expressly or by implication
b) Reimbursing bank agrees to the applicant’s request for an amendment
c) Advising bank advises the amendment to the beneficiary
d) Issuing bank issues the amendment to the advising bank

8. Letter of credit issued on 20th December 2008 indicates latest of date of shipment as : “immediate”.  L/c expiry date is 30th April 2009 and period for presentation is 15 days

a) Beneficiary must ship the goods on or before 30th April 2009
b) Beneficiary must ship the goods on or before 15th April 2009
c) Beneficiary must effect shipment within 21 days
d) Beneficiary must effect shipment within a 5 banking days

9. L/c requires presentation of certificate of origin issued by local chamber of commerce.

a) Certificate of origin must show title as “certificate of origin issued by Local
    chamber of commerce  and must evidence certificate of origin issued by
    chamber of commerce at  beneficiary’s place
b) Certificate of origin may show title as “certificate of origin” but must evidence
    the such certificate is issued by a chamber of commerce at place of
    dispatch/taking in charge/shipment
c) Certificate of origin presented need not be titled but must be issued by chamber
    of commerce of the same country
d) All above are incorrect

10. L/c requires shipment advise must be sent to applicant as soon as possible after shipment and beneficiary certificate to this effect to be presented

a) Beneficiary sent shipment advise within 5 banking days upon shipment and
    certificate presented to this effect
b) Beneficiary sent shipment advise within 10 days but certificate presented
    evidences that shipment advise has been sent as soon as possible
c) Beneficiary sent shipment advise on the same day of shipment and certified
    that shipment advise has been sent on the same day
d) All above are incorrect

11. As per L/c dated 1st Dec 2008, shipment to be effected between 10th of Dec 2008 and  20th of Dec 2008.

a) Beneficiary must effect shipment on or before 20th Dec 2008
b) Shipment effected any day between 11th of Dec to 20th of Dec acceptable
c) Shipment effected any day between 10th of Dec to 20th of Dec acceptable
d) Only A is incorrect

12. L/c requires shipment to be effected “On or about 25th of Dec 2008. 25th Dec 2008 is closed due to Christmas in beneficiary’s country.

a) Shipment effected between 21st Dec and 30st Dec acceptable
b) Shipment effected between 20th Dec and 31st Dec acceptable
c) Shipment effected on 25th Dec is acceptable
d) A & C correct

13. Prior to advising a documentary credit to the beneficiary, the advising bank is responsible for :

a) Effecting payment against conforming documents
b) Checking the apparent authenticity of the documentary credit
c) Notifying the issuing bank that the documentary credit is being advised
d) Checking that the reimbursement method is effective?

14. A documentary credit states that shipment must be made on or about 27th June. Which of the following shipment dates would be acceptable?

1) 20th June
2) 27th June
3) 02nd July
4) 03rd July



a) 1 and 2 only
b) 1 and 4 only
c) 2 and 3 only
d) 3 and 4 only

15. Latest date of shipment as per L/c  is : “by end of Dec 2008.

a) Shipment only to be effected between 21st Dec and 31st Dec
b) Shipment only to be effected between 20th Dec and 31st Dec
c) Shipment may be effected on or before 31st Dec 2008
d) Shipment only to be effected 25th Dec to 31st Dec 2008


16. As per L/c issued on 12th Feb 2009, latest date of shipment was “On or about” 15th March 2009. Which of the following is the shipment under the L/c ?

a) 10th to 20th of Mar 2009
b) 11th to 19th of  Mar 2009
c) Any time before 15th of March 2009
d) None of the above correct


17. Which of the following is correct option for the second half of Feb 2008

a) 16th to 28th Feb
b) 15th to 28th Feb
c) 11th to 20th Feb
d) 16th to 29th Feb

18. If an L/c states shipment to be effected on or about 06 March, it will mean shipment to be effected between

a) 01st March – 11th March
b) 01st March – 10th March
c) 02 March – 11th March
d) Any time on or before 06 March

19. Which of the following statement is true?

a) If an L/c states shipment to be effected on the first half of March it will mean   
    Ist -16th of the March
b) If an L/c states shipment to be effected at the end of March, it will mean 20th to
    31st March
c) If an L/c states shipment to be effected in the middle of March, it will mean 11th
     to 20th of March
d) All of the above

20. For instalment shipment, L/c says, there must be 20 days difference between two shipments. Which of the following comply:

a) Ist shipment on 1st Jan & 2nd shipment 21st Jan
b) Ist shipment on 1st Jan & 2nd shipment 19th Jan
c) Ist shipment on 1st Jan & 2nd shipment 20th Jan
d) None of above




21. Applicant of the credit, require to include copy of proforma invoice as an integral part of the credit.

a) Issuing may include the same as required by the credit without any hesitation
b) Issuing may should discourage applicant but may include if applicant insist for
    the same
c) Issuing bank should refuse to include proforma invoice as an integral part of the
   credit
d) Only C above is correct

22. A confirming bank has advised an amendment but remained silent about confirmation status of that particular amendment. What can be inferred from such action of the confirming bank?

a) The amendment is confirmed
b) The amendment is not confirmed
c) Beneficiary must seek clarification from the confirming bank
d) None

23. Can a name of the applicant be changed after it has been issued through amendment

a) Yes
b) No

24. If a letter of credit calls for an invoice to be certified by chamber of commerce

a) Invoice should bear the stamp of chamber of commerce
b) Invoice should be signed by chamber of commerce
c) Invoice should have a label of chamber of commerce
d) Any of the above will suffice

25. A documentary credit states shipment should be made on or about 10th Mar 09. Which of the following shipment dates are NOT acceptable

a) 04 Mar 09
b) 07 Mar 09
c) 14 Mar 09
d) 10 Mar 09



ANSWERS

  1. D
  2. B
  3. A
  4. C
  5. A
  6. A
  7. D
  8. A
  9. D
  10. B
  11. D
  12. D
  13. B
  14. C
  15. A
  16. A
  17. D
  18. A
  19. C
  20. A
  21. B
  22. A
  23. A
  24. D
  25. A