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Copyright © International Chamber of Commerce (ICC). All rights reserved.
( Source of the document: ICC Digital Library )
abusive draw: drawing on a standby letter of credit/demand guarantee when no violation of the underlying contract has occurred.
acceptance: time draft “accepted” by the party upon whom it is drawn by so endorsing the front of the draft. Acceptance constitutes an unconditional obligation on the part of the accepting party to pay the draft at maturity. A draft accepted by a bank is referred to as a “banker’s acceptance” whereas one accepted by a company is referred to as a “trade acceptance”.
accessory guarantee: type of guarantee under which the guarantor joins with one of the parties to the contract and agrees to fulfil that party’s obligations if necessary, effectively co-signing the contract. As opposed to an independent or demand guarantee, under an accessory guarantee the guarantor also acquires rights under the contract and may resort to terms in the contract to dispute claims against the guarantee. Also referred to as a “contract guarantee”. Banks in the United States are generally prohibited by law from issuing accessory guarantees, but banks in other countries are not. US banks instead issue demand guarantees or standby letters of credit.
account party: party for whom a letter of credit is opened. “Account party” and “applicant” are generally synonymous, but sometimes one party will agree with the issuing bank to make all payments under a letter of credit showing the name of another party (often two affiliated companies). Banks may refer to one of these parties as the applicant and the other as the account party, but there is no consistency among banks regarding which is which.
advance payment: funds given by the buyer of goods to the seller prior to shipment, often just a percentage of the value of the goods with the remainder paid after shipment.
advance payment bond: bond, guarantee or standby letter of credit given by a seller receiving an advance payment to the buyer to assure that the funds will be returned if goods are never shipped.
advising bank: bank that receives a letter of credit from the issuing bank for authentication and delivery to the beneficiary. The advising bank is usually a correspondent or branch of the issuing bank located in the vicinity of the beneficiary.
air waybill: document signed by an airline to show receipt of goods for air transportation from and to the airports indicated.
applicant: party requesting that a letter of credit be opened.
approval, documents sent on: treatment of letter of credit documents under which the nominated negotiating, paying or accepting bank does not certify that the documents meet the requirements of the L/C, but rather forwards the documents to the issuing bank with a request that it examine the documents, obtain waiver of any discrepancies and pay (or authorize acceptance). [Page138:]
assignment of proceeds: legal mechanism by which the beneficiary of a letter of credit may pledge the proceeds of future drawings to a third party. Assigning proceeds involves giving the letter of credit to a bank, which will hold the L/C until drawn upon, along with irrevocable instructions to the bank to disburse proceeds, when generated, in a specified way, e.g. “pay 75% of each drawing to XYZ company”. The bank will acknowledge the assignment to the assignee but has no obligation to actually pay any funds to the assignee unless the L/C is drawn upon by the beneficiary and payment is received from the issuing or confirming bank. An assignment of proceeds is not an assignment or transfer of the letter of credit and the assignee acquires no rights to perform under the L/C in order to generate funds.
authority to pay: see “cable for authority to pay”.
aval: guarantee added by a bank to an accepted time draft by endorsing the front of the draft “per aval”. The avalizing bank becomes obligated to pay the draft at maturity if the drawee/acceptor fails to do so.
avalized draft: trade acceptance to which an aval has been added.
B/A: abbreviation for “banker’s acceptance”.
B/L: abbreviation for “bill of lading”.
banker’s acceptance: time draft that has been drawn on and accepted by a bank. In a large and active market, investors buy and sell bankers’ acceptances at rates similar to, and often below, LIBOR. Rates are low due to the low risk of default on the part of a bank and the fact that there is generally an underlying trade transaction, the proceeds of which are pledged to cover the acceptance when it matures.
beneficiary: party in whose favour a letter of credit is issued, who is entitled to present documents required by the L/C and receive payment.
bid bond: bond, guarantee or standby letter of credit that accompanies a bid, issued for an amount that will be forfeited if the bidder wins the bid but then reneges.
bill of exchange: a draft.
bill of lading: document signed by a transportation company (“carrier”) to show receipt of goods for transportation from and to the points indicated. International law distinguishes bills of lading from waybills in that a bill of lading is a title document issued to order of a “consignee”, who can then transfer title (legal ownership of the goods) by endorsement and delivery (“negotiation”) of the bill of lading. Someone must present the bill of lading at the point of delivery in order to claim the goods. A waybill is not negotiable in this way, and the transportation company will simply deliver the goods to the consignee. A transport document issued “consigned to order of…” is a negotiable bill of lading, whereas one issued simply “consigned to…” is a non-negotiable waybill. See also “multimodal transport document”, “ocean bill of lading” and “port-to-port bill of lading”.
bond: see specific types: “advance payment bond”, “bid bond” and “performance bond”.
C&F: abbreviation for “cost and freight (… named port of destination)”. Also CFR.
CAD: abbreviation for “cash against documents”.
CFR: abbreviation for “cost and freight (… named port of destination)”. Also C&F.
CIF: abbreviation for “cost, insurance and freight (… named port of destination)”.
CIP: abbreviation for “carriage and insurance paid to (… named place of destination)”.
CPT: abbreviation for “carriage paid to (… named place of destination)”.
cable for authority to pay: request for permission to pay a letter of credit drawing despite discrepancies, sent electronically by the negotiating bank to the issuing bank.
carriage and insurance paid to (… named place of destination) : shipping term included in a contract of sale (abbreviated as CIP) meaning that the seller agrees to arrange and pay for transportation and cargo insurance over the goods to the named destination, such costs being included in the price of the goods. Nonetheless, all risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time that the goods have been delivered to the carrier, is transferred from the seller to the buyer when the goods have been delivered into the custody of the carrier.
carriage paid to (… named place of destination): shipping term included in a contract of sale (abbreviated as CPT) meaning that the seller agrees to arrange and pay for transportation of the goods to the named destination, such costs being included in the price of the goods. Nonetheless, all risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time that the goods have been delivered to the carrier, is transferred from the seller to the buyer when the goods have been delivered into the custody of the carrier. It is up to the buyer to arrange cargo insurance.
carrier: any person who, in a contract of transportation, undertakes to perform, or to procure at his own responsibility the performance of, transportation by rail, road, sea, air, inland waterway or a combination of such modes. See “multimodal transport document” for further discussion.
case-of-need: agent of the exporter located in the country of the importer who is to be notified by the presenting bank under a draft collection of any difficulties in collecting payment. The case-of-need may be given the power to change the collection instructions or even the draft amount, or may just be expected to make arrangements to store the goods and locate an alternate buyer. Whatever authority the case-of-need has should be specified in the collection instructions letter.
cash against documents: term (abbreviated as CAD) for documentary collection instructions requesting the presenting bank to deliver documents only upon receipt of payment from the drawee/importer. Synonymous with “documents against payment”.
clean bill of lading: bill of lading that bears no clause or notation that expressly declares a defective condition of the goods and/or the packaging.
clean draft: draft (bill of exchange) that is not accompanied by documents.
clean letter of credit: letter of credit that calls for presentation of nothing more than a draft to trigger payment. The term is sometimes used (inaccurately) to mean “standby letter of credit”.
collecting bank: any bank other than the remitting bank involved in the collection of a draft and/or documents.
combined transport: see “multimodal transport document”.
commercial letter of credit: letter of credit intended to act as the vehicle of payment for goods sold by one party to another.
commercial risk: risk that the buyer of goods cannot or will not pay the seller when payment is due.
confirmed letter of credit: letter of credit to which the advising bank has added its own independent undertaking to honour presentation of the required documents, i.e. to pay the beneficiary at sight or at maturity, as specified by the L/C. See also “silent confirmation”.
confirming bank: bank that has added its confirmation to a letter of credit. This term is sometimes also used loosely to refer to a bank that has issued a commitment to purchase letter of credit documents without recourse, a practice referred to as a “silent confirmation”.
consignee: party into whose possession goods are to be delivered. See also “bill of lading”.
consignment: term of sale under which a seller delivers goods to the buyer but retains legal ownership of the goods until they are resold by the buyer. The buyer is responsible for remitting payment to the seller at the time of resale to the end-buyer.
contract guarantee: see “accessory guarantee”.
contract risk: risk that the buyer of goods will renege on the contract (as opposed to simply being unable to pay).
cost and freight (… named port of destination): shipping term included in a contract of sale (abbreviated as CFR or C&F) meaning that the seller agrees to take full responsibility for delivering the goods to the port of loading, clearing the goods for export and arranging and paying for transportation of the goods to the named port of discharge, such costs being included in the price of the goods. Nonetheless, all risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time that the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass the ship’s rail at the port of loading. It is up to the buyer to arrange marine insurance for the ocean voyage and transportation from the port of discharge.
cost, insurance and freight (… named port of destination): shipping term included in a contract of sale (abbreviated as CIF) meaning that the seller agrees to take full responsibility for delivering the goods to the port of loading, clearing the goods for export and arranging and paying for transportation and marine insurance over the goods to the named port of discharge, such costs being included in the price of the goods. Nonetheless, all risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time that the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass the ship’s rail at the port of loading. It is up to the buyer to arrange transportation from the port of discharge.
country risk: risk incurred by a seller of goods that a buyer in a different country will not be able to pay for the goods due to political or economic conditions in his that country. The two components of country risk are “political risk” and “transfer risk”.
credit insurance: insurance against losses due to inability or failure of the insured’s customers to pay for goods sold by the insured. The insurance normally covers a specified percentage of each loss beyond a deductible indicated in the policy. Insurance is available covering a variety of risks, e.g. political and transfer risks (“country risks”) and financial risks (“commercial risks”). However, even “comprehensive” insurance will not cover nonpayment for contract disputes.
credit risk: risk incurred by a seller of goods that the buyer cannot or will not pay for them. See also “commercial risk”, “contract risk”, “financing risk”, “political risk” and “transfer risk”.
cumulative revolving letter of credit: revolving letter of credit that permits the seller to carry over any amounts not drawn into successive periods.
D/A: abbreviation for “documents against acceptance”.
D/P: abbreviation for “documents against payment”.
days of grace: the number of days the acceptor of a draft may go past due before being judged in default and triggering any guarantor to pay on the acceptor’s behalf. When an avalized draft is sold to a forfaiter, the forfaiter will incorporate the days of grace into the financing period.
deferred payment: payment made a set period of time following shipment or presentation of shipping documents, as opposed to immediately or “at sight”. A distinction is drawn between a letter of credit that is available for deferred payment and one that is available for acceptance of time drafts in that no drafts are involved under a deferred payment L/C. Without accepted drafts, the beneficiary’s ability to sell or “discount” his right to payment to a lender or investor is restricted.
deferred reimbursement: arrangement under a letter of credit under which the issuing bank agrees up front with its customer, the applicant, to pay the beneficiary upon presentation of the documents required in the L/C but to defer charging the applicant until a later date, thereby financing the purchase of goods under the L/C, usually for the expected amount of time the applicant needs in order to resell the goods.
demand guarantee: type of guarantee that is payable immediately upon presentation of documents specified, without inquiry as to the validity of the documents or into compliance with the underlying contract, as opposed to an “accessory guarantee”. Also referred to as an “independent guarantee”.
direct collection: service for handling export draft collections in which the exporter’s bank provides the exporter with forms that bear the bank’s own letterhead for mailing documents to the buyer’s bank for collection. To the buyer’s bank, it will appear that the documents were sent from the exporter’s bank, but time and expense are saved by bypassing unnecessary processing at the exporter’s bank.
discrepancies: in the context of letters of credit, term used to describe deviations between documents presented and requirements set in the letter of credit or inconsistencies among the documents themselves.
dishonour: failure or refusal by the drawee to accept a draft presented for acceptance or pay a draft presented for payment.
documentary credit: synonymous with “letter of credit”.
documentary draft collection: process for collecting payment in a sale of goods in which a legal demand for payment from the buyer is made by a bank acting as the collecting agent for the seller. The demand is made by presenting a draft. The collecting bank is also entrusted with documents to be delivered in accordance with accompanying instructions, usually once the draft is either paid or accepted. These documents are generally needed by the buyer to show title to the goods and/or clear customs.
documentary letter of credit: somewhat redundant term used to refer to commercial letters of credit. The term is redundant in that all letters of credit are documentary. See “letter of credit” and “commercial letter of credit”.
documents against acceptance: term for documentary draft collection instructions requesting the presenting bank to deliver documents only upon acceptance of the draft (bill of exchange) by the drawee/importer. See also “acceptance”.
documents against payment: term for documentary collection instructions requesting the presenting bank to deliver documents only upon receipt of payment from the drawee/importer. Synonymous with “cash against documents”.
draft: written demand for payment of a specified amount addressed to a named party, referred to as the “drawee”, and signed by the “drawer”. A draft may demand payment immediately upon presentation (“at sight”) or on a specified maturity date and must also specify a party to be paid (the “payee”). Most drafts are “negotiable”, meaning the payee’s right to payment can be transferred by the payee to another party by endorsement and delivery of the draft. Also referred to as a “bill of exchange”.
draft collection: process for collecting payment in a sale of goods in which a legal demand for payment from the buyer is made by a bank acting as the collecting agent for the seller. The demand is made by presenting a draft. See also “draft” and “documentary draft collection”.
drawee: party to whom a draft is addressed and from whom payment is demanded, or, in a documentary collection with no draft, party from whom payment is requested in exchange for delivery of documents.
EMC: abbreviation for “export management consultant”.
ETC: abbreviation for “export trading company”.
eUCP: short name for the Supplement to UCP 600 for Electronic Presentation, a 12-article supplement to the UCP containing rules for electronic presentation of documents under letters of credit. An L/C subject to the UCP is not automatically subject to the eUCP – it must explicitly invoke the eUCP. Making an L/C subject to the eUCP is meaningless unless the L/C also allows for electronic presentation of documents.
EXW: abbreviation for “ex works (… named place)”.
evergreen letter of credit: standby letter of credit with an initial expiration date but containing a clause that states that it will be automatically extended for additional periods unless the issuing bank provides notice to the beneficiary stating otherwise.
ex factory: synonymous with “ex works”.
ex works (… named place) : shipping term included in a contract of sale (abbreviated as EXW) meaning that the seller fulfils his obligation to deliver when he has made the goods available at his premises (i.e. works, factory, warehouse, etc.) to the buyer. In particular, he is not responsible for loading the goods for export, unless otherwise agreed. The buyer bears all costs and risks involved in taking the goods from the seller’s premises to the desired destination.
expiry date: last date on which documents may be presented or corrected in order to comply with a letter of credit. Presentation must be made to the bank indicated in the L/C.
export letter of credit: term used by an exporter to describe a commercial letter of credit in his favour or by a bank to describe a letter of credit issued by a bank other than itself. The same L/C will be referred to as an “import letter of credit” by the importer and the issuing bank.
export management consultant: individual or company that assists other companies in identifying potential foreign markets for their goods, often named as a sales agent or representative of the company being served and paid a commission for each sale.
export trading company: company that buys and sells goods with the objective of taking advantage of market opportunities around the world.
FCA: abbreviation for “free carrier (… named place)”.
FCR: abbreviation for “forwarder’s cargo receipt”.
FOB: abbreviation for “free on board (… named port of shipment)”.
factoring: service of assuming the credit risk of another party’s sales, generally including collecting payment when due. Factors often provide or arrange limited-recourse financing against the accounts receivable they are guaranteeing, referred to as “purchasing receivables”.
financing risk: term used to describe the increasing uncertainty that the buyer of goods will have the capacity to pay when payment is due the longer the time period he is given to make payment.
forfait: purchase of negotiable instruments, most often avalized drafts, without recourse. The forfaiter assumes the credit risk of being able to collect payment when due.
forwarder’s cargo receipt: document issued by a freight forwarder or freight consolidator indicating goods have been received from the seller and are being held at the disposal of the buye r. Go ods are gene r a l ly re c e ived in the s e l l e r’s count r y and the forwarder/consolidator will arrange shipment, and possibly consolidation with other goods, to the buyer according to the buyer’s instructions.
free carrier (… named place): shipping term included in a contract of sale (abbreviated as FCA) meaning that the seller fulfils his obligation to deliver when he has handed over the goods, which are cleared for export, into the charge of the carrier, freight consolidator or freight forwarder named by the buyer at the named place or point.
free on board (… named port of shipment): shipping term included in a contract of sale (abbreviated as FOB) meaning that the seller fulfils his obligation to deliver when the goods have passed over the ship’s rail at the named port of shipment, all costs of inland transportation and loading being included in the price of the goods. The buyer bears all costs and risks of loss of or damage to the goods from that point onwards.
freely available letter of credit: letter of credit that indicates it is “available with any bank by negotiation”. By including this wording, the issuing bank authorizes the beneficiary to present documents to the bank of his choice for examination and collection of payment and authorizes that bank to advance funds prior to collection if desired by the beneficiary.
freight forwarder: company that, as an agent for the shipper, arranges transportation for goods. Many freight forwarders offer additional services such as preparing export documentation, arranging for goods to be packed into shipping containers, arranging for goods to clear customs, etc.
full set: all signed originals of a document. For example, bills of lading are often issued in three originals, all having the same validity for claiming goods at the place of delivery.
grace period: see “days of grace”.
ISP98: abbreviation for “International Standby Practices”, specifically the 1998 version, which is a compilation of rules drafted specifically for standby credits.
import letter of credit: term used by an importer to describe a commercial letter of credit he has asked a bank to issue or by a bank to describe a letter of credit it has issued. The same L/C will be referred to as an “export letter of credit” by the exporter and all other banks.
independent guarantee: synonymous with “demand guarantee”.
instalment letter of credit: letter of credit calling for multiple shipments within specified date ranges.
insurance: see “credit insurance” and “marine cargo insurance”.
International Standard Banking Practice (ISBP): compendium of standards for the examination of documents under the UCP 600, published by the International Chamber of Commerce in 2007 (ICC Publication No. 681).
International Standby Practices (ISP): international standards of practice for demand guarantees and standby letters of credit established for bankers by the International Chamber of Commerce. The term “standby” is used in the rules to include both letters of credit and demand guarantees, but it should be kept in mind that, like all ICC
publications, the ISP only applies to standbys that include language incorporating the ISP. irrevocable letter of credit: letter of credit that cannot be amended or cancelled without agreement of both the beneficiary and the issuing bank. Any letter of credit subject to the UCP 600, the ISP or US law is irrevocable unless it specifies otherwise.
issuing bank: bank that has issued a letter of credit. The issuing bank is obligated to pay if documents are presented that comply with the L/C requirements.
L/C: abbreviation often used for “letter of credit”.
letter of credit: undertaking, usually on the part of a bank and at the request of one of the bank’s customers, to pay a named beneficiary a specified amount of money (or to deliver an item of value) if the beneficiary presents documents in accordance with the terms and conditions specified in the letter of credit.
letter of guarantee: undertaking, usually on the part of a bank, either to fulfil the obligations of another party (see “accessory guarantee”) or to pay a specified amount of money upon presentation of specified documents stating that the party being guaranteed has defaulted on certain obligations (see “demand guarantee”). One must be careful to discern which type of guarantee one is dealing with, as they both require presentation of documents but work very differently thereafter.
LIBOR: acronym for the London Interbank Offered Rate. The interest rate at which banks in London place Eurocurrency/Eurodollar deposits with each other for specified fixed periods of time, most commonly six months.
marine cargo insurance: insurance covering loss of or damage to goods in the course of international transportation. The term is anachronistic in that such insurance is used for air and land transportation as well as ocean transportation, but many of the concepts are based on the perils of the sea.
marine bill of lading: synonymous with “ocean bill of lading”.
multimodal transport document: transport document covering shipment of goods by more than one means of transportation but including an ocean leg. The two major forms of the multimodal transport document are the “combined transport document” and the “through bill of lading”. Under the former, the carrier signing the document (the “contractual carrier”) frequently subcontracts the various legs to other carriers (the “actual carriers”), but still takes responsibility for delivery of the goods to the “place of delivery” and for any damage that might occur during carriage. Under the latter, the carrier takes responsibility for the goods only up to a specified point (still referred to as the “place of delivery”) and then passes responsibility to a second carrier for “on-carriage” to the “final destination”.
multimodal transport: shipment of goods by more than one means of transportation but including an ocean leg (see “multimodal transport document”).
negotiable: quality of a document of being able to transfer ownership of money, goods or other items of value specified in the document by endorsement and/or delivery of the document. Checks, drafts, promissory notes, bonds, stock certificates, bills of lading and warehouse receipts are examples of documents often issued in negotiable form.
negotiate: to “buy” documents representing ownership of money, goods or other items of value. The seller of the documents is also said to “negotiate to” the buyer. Unless otherwise agreed between the buyer and seller (e.g. by negotiating “without recourse”), the seller continues to be fully responsible for the enforceability of the documents. A bank that negotiates documents under a letter of credit advances funds to the presenter before submitting the documents to the issuing bank for payment.
negotiating bank: bank, usually in the seller’s country, nominated by the bank issuing a letter of credit to purchase (negotiate) documents presented by the seller (see “negotiate”). The term is also used, imprecisely, to refer to banks nominated to pay or accept drafts, but payment and acceptance are without recourse while negotiation may be with or without recourse. A bank nominated to negotiate may or may not choose to actually do so. In many countries, nominated banks routinely examine the documents for discrepancies before forwarding them to the issuing banks, but document examination is properly viewed as a service separate from negotiating and is not even necessary when negotiating with recourse.
non-cumulative revolving letter of credit: revolving letter of credit that does not permit the seller to carry over any amounts not drawn upon in previous periods.
notify party: party to be notified by the carrier of arrival of the goods at their destination. Normally the notify party is the importer and/or the importer’s agent for clearing goods through customs.
ocean bill of lading: bill of lading including shipment on an ocean vessel (also referred to as a “marine bill of lading”). Although multimodal and charter party bills of lading are often described as ocean bills of lading, in the UCP 600 the term is reserved for port-toport bills of lading. See also “bill of lading”, “port-to-port bill of lading” and “multimodal transport document”.
payment terms: that part of a contract of sale that specifies when and by what structure the buyer is to pay the seller, e.g. open account net 30 days, sight letter of credit or cash in advance.
performance bond: bond issued at the request of one party to a contract in favour of the other party to the contract to protect the other party against loss in the event of default on the contract by the requesting party. The bonding agent may undertake to fulfil the contract or may simply undertake to pay a specific amount in monetary damages. A standby letter of credit or demand guarantee is often used as a performance bond with the latter characteristics.
political risk: risk in a sale of goods that the government in the buyer’s country may take some action that prevents the buyer from paying. This covers possibilities such as the imposition of foreign exchange controls and expropriation, as well as non-payment due to war or insurrections.
port-to-port bill of lading: bill of lading covering shipment by ocean only. The shipper/seller is responsible for transporting the goods to the port of loading and the buyer for picking the goods up at the port of discharge. Multimodal transport documents, rather than port-to-port bills of lading, should generally be used for containerized shipments and other shipments where the place of receipt and/or the place of delivery is inland.
pre-export financing: specific form of working capital lending in which the borrower is given funds needed to obtain or manufacture goods that have been ordered by a buyer in another country. As such financing is normally earmarked for individual sales, documentation of each sale must be provided to the lender, often in the form of a letter of credit with proceeds assigned to the lender. Generally, only a percentage of the sale value is lent.
presenting bank: in a draft collection transaction, the bank that contacts the drawee, generally the buyer of goods, for acceptance and/or payment of the draft.
principal: party entrusting a draft and/or documents to a bank for collection of payment, generally the seller of goods.
progress payment: one in a series of payments made at stages in the performance of a contract of sale, e.g. up front to obtain materials, after completion of manufacturing, upon shipment, upon installation and upon final inspection.
protest: in a draft collection transaction, the formal legal process of registering that payment or acceptance of the draft has been demanded but the drawee has refused to pay or accept the draft.
reimbursing bank: in a letter of credit transaction, the bank with which the issuing bank maintains an account and which is authorized by the issuing bank to charge that account to pay claims received from the negotiating bank for documents that have been presented.
remitting bank: in a draft collection transaction, the first bank in the chain of collection, i.e. the principal’s or seller’s bank.
retention of title: legal arrangement under which a seller of goods delivers these goods “on consignment” into someone’s custody but ownership remains with the seller until he is paid. In many countries, retention of title allows the seller to repossess the goods whenever desired and bring a claim against the custodian if the goods are sold or used without being paid for.
revocable letter of credit: letter of credit that can be amended or cancelled at any time without notice to or consent of the beneficiary. A letter of credit that is subject to the UCP 600, the ISP or US law is irrevocable unless it clearly specifies otherwise.
revolving letter of credit: letter of credit that reverts to its original amount at specified intervals, e.g. monthly, thereby preventing the beneficiary from drawing too much in any one period. See also “cumulative revolving letter of credit” and “non-cumulative revolving letter of credit”.
shipper’s indemnity: indemnity given by the beneficiary of a letter of credit to the negotiating bank to induce payment despite any discrepancies that may exist in the documents.
shipping terms: that part of a contract of sale that specifies who, between the buyer and the seller, is responsible for each aspect of shipping the goods, e.g. for packing, arranging and paying for transportation and insurance, clearing customs, etc.
sight: time of presentation, as in a draft payable “at sight” or “90 days after sight”.
sight draft: draft that demands payment “at sight”, or immediately, as opposed to a time draft, which may be payable, say, “90 days after sight” or “30 days after date of shipment”.
silent confirmation: term used for a bank’s commitment to negotiate (i.e. purchase) documents under a letter of credit at a future date when documents will be presented, without recourse. A silent confirmation is not a confirmation in the true sense, and will not use the word “confirm”, but is rather an equivalent form of protection for the beneficiary. The bank will require that the letter of credit be negotiable or payable by itself, in order to be able to establish holder-in-due-course rights equivalent to those of a confirming bank.
standby letter of credit: as opposed to a commercial letter of credit, a letter of credit that does not cover the direct purchase of merchandise, so called because it is often intended to be drawn on only when the applicant for whom it is issued fails to perform an obligation. There is, nonetheless, a type of standby letter of credit that is intended to be drawn on, which is referred to as a “direct pay letter of credit”. Standby letters of credit are based on the underlying principle of letters of credit that payment is made against the presentation of whatever documents the applicant, beneficiary and issuing bank may agree to, which are not necessarily documents showing shipment of goods.
supplier financing: arrangement under which the seller/supplier of goods allows the buyer an extended period of time after shipment to pay for the goods.
tenor: time at which a draft indicates it is payable, e.g. “at sight”, “60 days after the bill date of shipment” or “on May 31, 2007”.
time draft: draft that demands payment at a specified future date rather than immediately upon presentation.
trade terms: synonymous with “shipping terms”. See also “payment terms”.
transfer risk: risk incurred by the seller of goods that, due to the fact that his country has a negative balance of payments, no foreign exchange (US dollars or other “hard” currency) may be available to the buyer when he is ready to pay for the goods.
transferable letter of credit: type of letter of credit that names a middleman as beneficiary and allows him to give another party, the actual supplier, certain rights to present documents and receive payment under the letter of credit. Transfer must be effected by a bank authorized to do so by the issuing bank and involves notifying the transferee (referred to as the “second beneficiary”) of what documents he must present. The documents must be the same as those required in the letter of credit itself, but the price of the goods may be reduced and the middleman’s name may be required to be listed in the transferee’s invoices as the buyer, thereby allowing the middleman to substitute invoices at a higher price and receive the difference without disclosing the name of the actual end-buyer. The transferring bank is not obligated to pay documents presented under the transfer – this obligation remains with the issuing bank.
UCC: abbreviation for “Uniform Commercial Code”.
UCP: abbreviation for “Uniform Customs and Practice for Documentary Credits”. The 2007 revision is referred to as UCP 600, as it is Publication No. 600 of the International Chamber of Commerce. unconfirmed letter of credit: letter of credit that has not been confirmed (see “confirmed letter of credit”).
Uniform Commercial Code: US statute covering the rights and obligations of the various parties involved in the purchase and sale of goods. The UCC covers drafts and other negotiable instruments, documents of title, transfers of funds between banks, security interests in assets and draft collections (in article 4) and letters of credit (in article 5).
Uniform Customs and Practice for Documentary Credits: international standards of letter of credit practice established for bankers by the International Chamber of Commerce. Historically, the UCP has been revised about every ten years to keep up with changing practice. The most recent revision, UCP 600, was completed in 2006. Although the UCP defines the rights and obligations of the various parties in a letter of credit transaction, it is not law and any given letter of credit is subject to the UCP only to the extent indicated in the letter of credit itself.
Uniform Rules for Collections: international standards of draft collection practice established for bankers by the International Chamber of Commerce. The Uniform Rules are not law but are more properly viewed as a handbook for banks used to establish common understanding of terminology and expectations.
without recourse: negotiation of a draft (or other negotiable instrument) or letter of credit documents without the normal warranty on the part of the seller of the instrument/documents that the obligor named in the instrument (the “drawee”, “payer” or “maker”) will pay. Although the seller is still responsible for the genuineness of the instrument and documents, the purchaser takes on the credit risk of being able to collect payment from the obligor when due. Unless negotiation is without recourse, the purchaser of the instrument/documents has the right to recover the face amount from the seller if the obligor fails or refuses to pay for any reason.