silent confirmation

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EsraA
Posts: 7
Joined: Fri Apr 05, 2019 5:18 pm

silent confirmation

Post by EsraA » Fri Sep 08, 2006 1:00 am

Can you give some information about silent confirmation,since one of customers requests such a transaction and It is not commonly used,thus not well known.
Thank you
NigelHolt
Posts: 1449
Joined: Fri Apr 05, 2019 5:24 pm

silent confirmation

Post by NigelHolt » Fri Sep 08, 2006 1:00 am

Opinion R207, issue 2, has something to say on the matter.
POLTERD.
Posts: 150
Joined: Fri Apr 05, 2019 5:16 pm

silent confirmation

Post by POLTERD. » Mon Sep 11, 2006 1:00 am

Dear Esra,silent confirmation means confirmation added by advising/negotiating bank at the special request of the bnf and without knowledge of the issuing bank, under a l/c that doesn't ask for l/c to be confirmed.
It is not a confirmation in a technical sense of the word. When adding a silent confirmation,the bank that acted so is not udner protection of UCP500 and cannot invoke,no matter what,the art.9b and 9d provisions.
You may say is more a guarantee to pay than a confirmation.
The risk covered relates only to the relationship between bnf and the bank that confirm so.
Bogdan
NigelHolt
Posts: 1449
Joined: Fri Apr 05, 2019 5:24 pm

silent confirmation

Post by NigelHolt » Mon Sep 11, 2006 1:00 am

Bogdan,

I would expect a nominated bank -per sub-Art. 10(b)(i)- that had given a ‘silent confirmation’ -the most common ‘silent confirmation’ occurrence in my experience- would be able to claim the rights of a nominated bank against an issuing and any confirming bank under sub-Art9(a)/(b) / sub-Art14(a). Such a 'confirmation' I would describe as a ‘documentary, bank & sovereign risk undertaking’. Obviously, the position is quite different when one is not a nominated bank and one is giving a ‘bank & sovereign risk (only) undertaking’.

Jeremy

[edited 9/11/2006 2:19:04 PM]
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