How
can the exporter be guaranteed against non-payment
by the importer?
When it comes to doing business with overseas buyers,
the exporter bears the risks when the importer fails
to pay for the consignment he has made, since there
is no means to enforce the payment from the importer
under the different sovereignty with different rules
and regulations, and business customs. However,
if a bank can guarantee the payment from the importer,
the exporter can be assured of getting payment for
his goods. Letter of credit (L/C) is the bank's
guarantee that they will pay the exporter in the
event of the importer becoming insolvent. The bank's
guarantee is provided by issuing a L/C to the importer.
L/C (Letter of Credit) serves
to facilitate smooth transaction in international
trade. Therefore, it is extensively used around
the world. Exporters are recommended to do business
on L/C basis particularly when doing business
with foreigners with whom the exporter has little
knowledge of their financial standing.
What
is the mechanism of L/C?
The parties connected with L/C are (A) importer,
(B) L/C issuing bank on the side of importer,
(C) exporter and (D) notifying bank (negotiation
bank on the side of exporter). (See Flow Chart:
Opening a L/C).
The mechanism of opening a L/C
is as follows:-
- When a sales contract is
made between the exporter and the importer,
both sides agree to do business on an L/C basis.
- The importer requests the
issuing bank to issue an L/C.
- If the issuing bank determines
that the importer's financial standing is acceptable,
the bank will issue the L/C to the exporter
(beneficiary of L/C). The bank may request the
importer to make a deposit (security) in order
to guarantee themselves.
- The issuing bank notifies
the exporter through the correspondent bank
(notifying bank ) by telegram first and then
sends the original L/C to the exporter.
- The exporter executes the
shipment according to the conditions of the
L/C.
- The exporter presents the
Bill of Exchange (Draft) based on the condition
of the L/C together with a full set of the shipping
documents and applies for negotiation of the
documentary bill at the exporter's bank (negotiating
bank).
- The negotiating bank checks
the conditions of L/C and shipping documents.
If the conditions of L/C are found to be consistent
with the shipping documents, the bank pays the
exporter. However, the exporter has to be very
careful as the bank is not able to honor the
Bill of Exchange, if there is any discrepancy
between the conditions of L/C and the documents
attached. If a discrepancy occurs, the exporter
has to inform the importer and have him request
the issuing bank for an amendment to the L/C
accordingly.
What
are Sight L/C, Acceptance L/C and Cash L/C?
If the L/C terms demand that the Bill of Exchange
drawn by the exporter is the type which requires
the importer to pay at sight, i.e. when the bill
is presented to him by the reimbursing bank, L/C
with such terms is called Sight L/C. On the other
hand, the L/C which has terms allowing the importer
a deferred payment is called Acceptance L/C. If
the L/C terms require the importer to pre-arrange
the amount of money for the import to be transferred
from his bank to either the branch or correspondent
bank in the exporter's country, so that the money
can be paid from that account when the exporter
presents the documents to the bank, such L/C is
called cash L/C.
What
is Irrevocable L/C?
Under Irrevocable L/C terms, L/C cannot be cancelled
or withdrawn after is has been opened and notified
to the exporter (who is the beneficiary of L/C)
as long as there is no agreement on cancellation
or withdrawal among the applicant of L/C, opening
bank and the beneficiary. However, in the case
of Revocable L/C, it can be cancelled anytime
upon the applicant's request. Therefore, L/C should
be irrevocable from the exporter's point of view.
The exporter has to be aware that any L/C received
which does not specify either as being revocable
or irrevocable, will be regarded as being revocable.
What
is the Confirmed L/C?
The confirmed L/C is the one which is confirmed
and guaranteed by a third party bank for the payment
in the event that the opening bank becomes bankrupt.
The exporter can be assured of a safe transaction
if the L/C is confirmed by a leading bank.
What
is the Non-transferable L/C?
The beneficiary (exporter) can transfer the Transferable
L/C to a third party, but he is unable to do this
with the Non-transferable L/C.
What
is the Restricted L/C?
Under the terms of a Restricted L/C (sometimes
called special L/C), only a specific bank which
is usually the notifying bank can purchase a bill
of exchange from the exporter. However, under
the terms of a General L/C, the purchasing bank
is not specified, hence the exporter can present
the bill of exchange to any bank and receive payment.
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