Guide to Letters of Credit
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Parties to the Transaction

There are four main parties to a basic documentary letter of credit transaction. Note that each party has multiple names. The name used for each party to the transaction depends upon who is speaking. Businesspeople like to use the names buyer, seller, buyer's bank and seller's bank. The banks prefer to use the names applicant, beneficiary, issuing bank, and advising bank. The four parties are:

The Buyer (Applicant/Importer)

The buyer initiates the documentary credit process by applying to his bank to open a documentary credit naming the seller as the beneficiary. The buyer, therefore, may be called the buyer in commercial terms, the importer in economic terms, and the applicant in banking terms. They are all one and the same.

The Issuing (Buyer's) Bank

Upon instructions from the buyer, the issuing bank (typically the buyer's regular business bank) issues a documentary credit naming the seller as the beneficiary and sends it to the advising bank (typically the seller's bank).

The Advising (Seller's) Bank

Upon instructions from the issuing bank and the buyer, the advising bank (typically the seller's bank) advises the seller of the credit. The advising bank is typically the seller's regular business bank and is in the seller's country.

The Seller (Beneficiary/Exporter)

The seller receives notification (advice) of the credit from the advising bank, complies with the terms and conditions of the credit, and gets paid. The seller is the beneficiary of the documentary credit. The seller, therefore, may be called the seller in commercial terms, the exporter in economic terms, and the beneficiary in banking terms. They are all one and the same.

Basic Documentary Credit Procedure

The documentary credit procedure involves the step-by-step exchange of documents giving title to the goods for either cash or a contracted promise to pay at a later time. There are four basic groupings of steps in the procedure.

Click on one of the four choices below to display the group and its steps:

ISSUANCE

Issuance describes the process of the buyer's applying for and opening a documentary credit at the issuing bank and the issuing bank's formal notification of the seller through the advising bank.

AMENDMENT

Amendment describes the process whereby the terms and conditions of a documentary credit may be modified after the credit has been issued.

UTILIZATION

Utilization describes the procedure for the seller's shipping of the goods, the transfer of documents from the seller to the buyer through the banks, and the transfer of the payment from the buyer to the seller through the banks (settlement).

SETTLEMENT

Settlement (a subpart of utilization) describes the different ways in which payment may be effected to the seller from the buyer through the banks.

Note: Issues relating to applying for a documentary credit, confirmed vs. unconfirmed credits, special types of credits, settlement, correspondent and confirming banks are discussed below.


Basic Documentary Credit Procedure: Settlement

Settlement (Availability)

Settlement and availability refer to the availability of proceeds (funds) to the beneficiary (seller) after presentation of documents under the credit. Each of the following forms of payment availability must be specified in the original credit, and be accepted by the seller. For example, if the original agreement between the buyer and seller calls for a sight credit (immediate availability of funds to the seller) and a usance credit (funds available in 30, 60 or 90 days) is prescribed in the credit presented to the seller, the seller may reject the credit and the transaction.

The Sight Credit (Settlement by Payment)

In a sight credit (confirmed sight credit) the value of the credit is available to the beneficiary as soon as the terms and conditions of the credit have been met (as soon as the prescribed document package has been presented to and checked by the confirming bank). When foreign exchange is at issue, several days may pass between the time of beneficiary's presentation of documents and the actual transfer of funds to the beneficiary's account.

In a sight credit (unconfirmed), the value of the credit is made available to the beneficiary once the advising bank has received the funds from the issuing bank.

The Usance Credit (Settlement by Acceptance)

In a usance credit the beneficiary presents the required document package to the bank along with a time draft drawn on the issuing, advising, or a third bank for the value of the credit. Once the documents have made their way to the buyer and found to be in order, the draft is accepted by the bank upon which it is drawn (the draft is now called an acceptance) and it is returned to the seller who holds it until maturity.

The seller has the option of selling the acceptance by discounting its value. The discount charged will be in some proportion to the time to maturity of the draft and the perceived risk associated with its collection. The buyer pays the draft at maturity to its holder.

The Deferred Payment Credit (Settlement by Negotiation)

In a deferred payment credit the buyer accepts the documents and agrees to pay the bank after a set period of time. Essentially, this gives the buyer time (a grace period) between delivery of the goods and payment. The issuing bank makes the payment at the specified time, when the terms and conditions of the credit have been met.

Deferred payment credits are often used in transactions involving food or drugs that require inspection prior to import and approval by a government agency. In this case the bank will release the documents to the importer/buyer against a trust receipt. The bank holds the title documents to the goods and still owns the merchandise. Once the goods have been approved by the government agency, the bank transfers the titles documents to the buyer, charges the buyer's account, and pays the seller.




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