documentary credits fs

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Do cumentar y Cre dit s Danske Bank A/ S, Holmens Kanal 2-12 , DK-1092 Cope nhage n K. , Phone +4 5 33 44 00 0 0 www.danskebank. com/ tr adefinance    D   a   n   s    k   e    B   a   n    k    A    /    S  ,    C    V    R     n   r  .    6    1    1    2    6    2    2    8      K   ø    b   e   n    h   a   v   n Securit y of settlement thr ough documentary cr edit Wit h the ex port er's inter est in optimising securit y for t he payments he is to r eceive, especially those from the faraway markets, interest i n using documentar y credits is st ill increasing . By using a documentar y credit , an export er is cer tain of r eceiving payment at t he agr eed time, and of having a source of finance. The import er, who is the part y arr anging for t he issue of the documentary cr edit, will often obtain advantages such as a reduction in pri ce, a source of finance and prompt delivery.

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Page 1: Documentary Credits FS

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Docum ent ar y Cr edi t s

Danske Bank A/S, Holmens Kanal 2-12 ,

DK-1092 Copenhagen K., Phone +4 5 33 44 00 0 0

www.danskebank.com/ tr adefinance

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Securi t y of sett lement thr ough documentary cr edit

With the exporter's interest in optimising securit y for t he payments he is to receive, especially those from the faraway markets, interest in using documentary

credits is st ill increasing.

By using a documentary credit , an exporter is cer tain of receiving payment at t he agreed time, and of having a source of finance.

The importer, who is the part y arranging for t he issue of the documentary credit, will often obtain advantages such as a reduction in price, a source of finance andprompt delivery.

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W hat is a documentar y cr edit?

In internat ional trade, the following methods of sett ling payment are t he most common:

•  by cheque

•  by tr ansfer

•  by collection

•  by documentary credit (D/C), which is known also as a letter of cr edit (L/C)

Sett lement by cheque or by transfer are t he methods used where payment for tr ade transactions is arr anged by open account. Settlement by collect ion or

documentar y credit are the methods used, where an exporter wishes to satisfy himself that payment is made for t he goods supplied, before t he

import er receives them.

A documentary credit is a method of paymentA documentary credit ensures t hat the exporter tr ading on a cash basis receives payment upon shipment of the goods.

A documentary credit is a source of financeThe terms of a documentary credit may stipulate payment at a fixed future date, at which time the export er is cert ain of payment

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A documentary credit is a kind of ”guarantee”The issuing bank undertakes to pay the exporter when he meets the terms of the documentar y credit, as stipulated by the importer.

By issuing a documentary credit, a bank (the issuing bank) takes over t he payment obligation of the import er. By meeting the terms of t he documentary credit, the

exporter changes his claim fr om a claim on the importer to a claim on the issuing bank. The common procedure is for the documents and the payment to be

handled through the exporter's bank (the advising bank). The payment is made to the exporter, when he presents the required documents to his bank.

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The advantages of a documentar y cr edit

W hy use a documentary credit?In bygone days, when foreign trade was merely the buying and selling of goods by the master s of the vessels of the big tr ading houses, there was no need for

documentary credits.

As foreign trade grew in complexity, the documentary credit became a useful and increasingly popular method of payment. Today, it is used extensively and

employed, in part icular, when the exporter is unfamiliar with the import er, and therefore reluctant t o dispatch the goods wit hout being cert ain of receivingpayment.

In many countr ies, a documentary credit is t he only method by which payment for import s is permitt ed. This may be because import licences are

administered by the centr al banks of the countr ies concerned.

The advantages of a documentary credit, as a method of settling payment, clearly favour the exporter.

Advantages to the exporter•  His claim changes fr om being a claim on the importer to being a claim on the issuing bank

•  He is cert ain of payment at the t ime agreed upon

•  He receives payment at his own bank or at a bank in his own countr y

•  His liquidity improves

•  He can use the documentary credit as collateral wit h his suppliers

•  He has a source of finance

•  He can have funds immediately available, in addition to an exist ing credit line by having his claim discounted

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Conversely, the Importer has the following advantages:

Advantages of the importer•  He may obtain credit

•  He may obtain a price reduction because of the cer taint y and promptness of payment

•  He has the near cert ainty of delivery on the agreed date

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Inter national code

The International Chamber of Commerce (ICC) in Paris has drawn up t he Uniform Customs and Practice for Documentary Credits. Documentary cr edits, which are

subject to t his code, are alone among international payment and guarantee t ransactions in being subject to a code of pract ice that includes a definition of t he

payment obligations of banks and is recognised worldwide.

As said, the code stipulates t he obligation of a bank to make payment under a documentary credit, and it st ipulates a bank's obligations in relat ion to t he

processing of the documents under t he documentary credit.

Note should be taken that a bank is solely concerned with the documents, and not with the goods, or the project, referred to in the documents .

Furt hermore, its concern with the documents is limited to the terms of the documentary credit. No sales contract or agreement, even if referred to in the

documentary credit, will entail or imply liability on the part of the bank.

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Importer Exporter

Importer ’s bankExport er’s bank

1

2 4

3

How t o issue a documentar y credit

There are different t ypes of documentar y credits . The exporter and import er should consider and agree on the t ype to be used, and on its terms.

They would be well advised to seek the advice of their bankers when they draw up the sales contract.

1.  The exporter and the importer conclude the sales contr act with payment t o be arr anged by documentary credit

2.  The importer inst ructs his bank (the issuing bank) to issue a documentary credit in favour of the exporter (the beneficiary) to be advised through the exporter’s

bank (the advising bank)

3. 

The importer’s bank sends the documentary credit t o the exporter ’s bank4.  The exporter’s bank advises t he exporter of t he issue of the documentar y credit

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Summary of procedureThe importer (the applicant) sends an application t o his bank for the issue of a documentary credit. The informat ion he gives on the application form must specify

the total amount for which the documentary credit is to be issued, and the pre-arr anged terms. The importer 's bank issues the documentary cr edit and sends it -

generally by electr onic means - to t he exporter's bank.

The exporter's bank checks that the documentary cr edit conforms with t he code (Uniform Customs and Practice for Documentary Credits). and sends the

documentary credit to the exporter.

The exporter checks that the terms of the documentary credit conform with those of the sales contr act and that they can be met. If there are any discrepancies,the import er must immediately be asked to instr uct t he issuing bank to make such amendments to the documentaty credit as are necessary.

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Types of documentary cr edit

Irrevocable creditsThe vast majorit y of documentary credits is issued as ir revocable credits. According to the Uniform Customs and Practice for Documentary Credits, a credit will

be revocable only if it is explicit ly defined as revocable.

An irr evocable credit cannot be revoked or amended without the consent of all the part ies to it .

It follows that the import er's bank cannot singlehandedly request t he documentary credit to be amended, but must make payment against pr esentat ion of the

documents r equired under the ter ms of the original documentary credit.

Confirmed irrevocable documentary creditsA confirmed irr evocable documentary credit is a documentary cr edit to which the advising bank has added its confirmation.

By adding its confirmat ion to the credit the exporter's bank incurs an ir revocable obligation to pay against presentat ion of conforming documents.

A confirmed irrevocable credit gives the exporter who presents conforming documents protection against polit ical and financial risks ari sing from

conditions in t he importer 's country, and assurance of payment for t he goods supplied.

Even though the terms of the documentary credit do not request it s confirmat ion, the exporter 's bank in most cases offers t he export er r isk cover, which is

tantamount to a confirmation.

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Place and t im e of payment

Place of paymentA documentary cr edit will always state the place at which final payment will be made.

Payable/ negotiable with export er's bankThe issuing bank has author ised the exporter's bank to pay/ negotiate against conforming documents.

If the credit has not been confirmed by the exporter's bank, this bank, will only take a position upon presentation of t he documents by the exporter, as to whether it

will pay/ negotiate fort hworth or await receipt of cover fr om the issuing bank.

If effecting payment under a negotiable documentary credit immediately upon presentation, the exporter ’s bank will normally reserve recourse against the

exporter.

Payable with the issuing bankIn this case, the import er’s bank must be satisfied with the documents before payment can be tr ansferr ed to the exporter.

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Time of paymentThe common procedure is for the payment under a documentary credit to be made upon the presentation of documents, however, a documentary credit is a

flexible method of sett lement, providing the option of immediate or deferred payment.

Payment at sightIn the case of a sight documentary credit, the bank makes payment to t he exporter, when he presents conforming documents.

Deferred payment

Where the terms of a documentar y credit st ipulate that payment will be made at a fixed future date, the documentary credit is said to be sett led by "deferredpayment". The bank will undertake against presentation of documents to pay on the fixed deferred date of payment.

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Importer

Importer ’s bank

Exporter ’s bank

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2

Exporter

Documentation

1.  When the goods have been shipped, the exporter will compile all the documents r equired under the documentary cr edit and present t hem to his bank for

processing. If sati sfied with the documents, the bank will make payment t o the exporter

2.  The exporter’s bank sends the documents t o the import er’s bank

3.  The importer’s bank releases the documents t o the importer against payment and the importer can take delivery of the goods

4.  The importer ’s bank makes payment t o the exporter’s bank

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Cover of the supplier 's r isk

Payment orders and tr ansfer of t it le under a documentary creditIf a supplier r equests securit y for payment in step with the payment made under t he documentary cr edit, the exporter can ask the bank to record an

ir revocable payment order in favour of the supplier.

An ir revocable payment order does not, however, protect t he supplier's claim, against other cr editors, in the event that the export er is declared bankrupt. If the

supplier wishes to have such protection, he must request t he exporter t o assign (transfer the tit le to) the proceeds of the documentary credit t o him.

A t ransferable documenary creditThe exporter may also give his supplier assurance of payment by way of a t ransferable documentary cr edit . By having tr ansferred to him the documentar y credit

which the exporter has received from the importer 's bank, the supplier obtains t he same degree of cert ainty of payment as t he exporter.

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Information

This booklet highlights some of the many factors t hat need to be considered by export ers and importers wishing to set tle their tr ansactions by

documentary credit.

However, you should not be deterred by their number, for we at Danske Bank can help you. We are at your disposal with advice and assistance from t he very

beginning to the very end of the documentary credit process.

Danske Bank has considerable know-how and longstanding experience in handling documentary credits. With our global network of correspondents we are capable

of tr ansacting documentary credits with any countr y in any part of the world.

Danske Bank is always at your service offering advice and information