Section 12
مبتکر دوره: علیرضا رجبی - کارشناس ارشد حقوق تجاری اقتصادی بین الملل از دانشگاه تهران و کارشناس ارشد آموزش زبان انگلیسی از واحد علوم و تحقیقات تهران می باشد.
این شیوه از بیان مطالب در یادگیری زبان تخصصی، از راحت ترین روشهای یادگیری میباشد که تاکنون در ایران ارائه شده است که البته حاصل سالها مطالعه و تجربه عملی در تجارت بین الملل می باشد.
متون انتخاب شده در این دوره از منابع معتبر بوده و دارای اصالت است.
در صورت مداومت در مطالعه متون و تماشای دقیق فیلم های ارائه شده بصورت ادامه دار، زبان آموز به راحتی می تواند در فعالیت های عملی تجارت بین الملل، آزمون های حقوقی و نیز نگارش قرارداد ها به زبان انگلیسی از آمادگی بسیار بالایی برخوردار گردد.
حقوق مادی و معنوی این اثر متعلق به پدید آورنده آن می باشد و درصورت در اختیار قراردادن این مطالب برای استفاده دیگران نه تنها پدیدآورنده رضایت قلبی ندارد بلکه حق پیگرد قانونی توسط وی محفوظ است.
Section 12
Letter of credit
The letter of credit (L/C) is a combination of a bank guarantee issued by a bank upon the request of the buyer in favour of the seller (normally through an advising bank) and a payment at sight or at a later stage against presentation of documents which conform to specified terms and conditions.
The documents presented should be in accordance with the terms and conditions of the L/C, but also in accordance with the UCP 600 rules and with international standard banking practice; that is ‘complying presentation’
There are three different possibilities for payment to be made upon presentation of compliant documents: – at sight, – by deferred payment, or – by acceptance of a bill of exchange (‘draft’).
The L/C has many advantages for the seller. Payment is guaranteed and there are fewer concerns about the buyer’s ability to pay or about other restrictions or difficulties that may exist or arise in the buyer’s country.
There are also advantages for the buyer when using an L/C. While it is considerably more expensive than other forms of payment and has to be issued under existing credit limits with the buyer’s own bank, the buyer is assured that the stipulated documents will not be paid unless they conform to the terms of the L/C. This may be very important for the buyer in some cases, particularly in connection with goods where fulfilment of special shipping arrangements is essential or in the case of deliveries where timing may be the crucial factor.
Types of Letter of Credit/Features of Letter of Credit
There are various types of letters of credit in trade transactions. Some of these are classified by their purpose. The following are the different types of letters of credit:
Commercial LC
A standard LC also called as a documentary credit.
Export/Import LC
The same LC becomes an export or import LC depending on who uses it. The exporter will term it as an exporter letter of credit whereas an importer will term it as an importer letter of credit.
Transferable / Un-transferable LC
Transferable letter of credit allows a beneficiary to further transfer all or a part of the payment to another supplier in the chain or any other beneficiary. The first beneficiary requests the bank to transfer the entire payment or part thereof to the second beneficiary. Un-transferable letter of credit doesn’t allow the transfer of money to any third parties. The beneficiary is the only recipient of the money and cannot further use the letter of credit to pay anyone.
Revocable / Irrevocable LC
Revocable LC can be modified or revoked independently by the issuing bank or the buyer without any notice. An LC that issuing bank or the buyer can alter any time without any notification to the seller/beneficiary. Irrevocable LC is an LC that does not allow the issuing bank to make any changes without the approval of all the parties.
Standby LC
Standby Letter of credit also known as SBLC is similar to a bank guarantee and is more popular in the US. The seller can obtain payment from the bank even in the case of the buyer’s failure to perform as per the agreement.
Confirmed / Unconfirmed LC
Which the seller or exporter acquires the guarantee of payment from a confirming bank (also called the second bank). It is used when the seller does not trust the buyer’s bank or the issuing bank. Unconfirmed letter of credit is the one assured only by the issuing bank and does not need a guarantee from the second bank.
Revolving LC
When a single LC is issued for covering multiple transactions in place of issuing separate LC for each transaction is called revolving LC. They can be further classified into Time Based.
Back to Back LC
Back to back LC is an LC which commonly involves an intermediary in a transaction. There are two letters of credit, the first issued by the bank of the buyer to the intermediary and the second issued by the bank of an intermediary to the seller. Back-to-back Letter of Credit is where a second LC is opened with another LC as security. A middleman buying from one party and selling to another is a typical case of back-to-back LC.
Red Clause LC
A letter of credit that partially pays the beneficiary before the goods are shipped or the services are performed. The advance is paid against the written confirmation from the seller and the receipt. This type of LC acts as an aid to the seller for his working capital requirements for purchase of raw materials, packaging and processing of goods.
Sight LC
Sight Credit LC requires the advising bank or seller’s bank to make the payment at sight, on-demand, or upon presentation of documents. The seller submits documents as per terms and conditions of the sight LC. Upon verification, the advising bank immediately releases the due payment to the supplier.
Deferred Payment LC
An LC that ensures payment after a certain period. The bank may review the documents early but the payment to the beneficiary is made after the agreed-to time passes. It is also known as Usance LC.
Direct Pay LC
A letter of credit where the issuing bank directly pays the beneficiary and then asks the buyer to repay the amount.
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