UCP 600 Articles Explanation

UCP600 Article 7 Explanation – CDCS Guide: Issuing Bank Undertaking

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UCP600 Article 7 Explained

Clause (a)

Clause:
“Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a complying presentation, the issuing bank must honour if the credit is available by:
i. sight payment, deferred payment, or acceptance with the issuing bank;
ii. sight payment with a nominated bank and that nominated bank does not pay;
iii. deferred payment with a nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity;
iv. acceptance with a nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;
v. negotiation with a nominated bank and that nominated bank does not negotiate.”

Explanation:
This clause outlines the issuing bank’s obligation to honour a letter of credit when the beneficiary presents complying documents. If the credit is available by various methods (e.g., sight payment, deferred payment, acceptance, or negotiation), the issuing bank must honour the credit under the following circumstances:

  • If the credit is available with the issuing bank itself by sight payment, deferred payment, or acceptance.
  • If the credit is available with a nominated bank but that bank fails to pay, incur a deferred payment undertaking, accept a draft, or negotiate.

In simpler terms, the issuing bank guarantees payment to the beneficiary even if the nominated bank fails to perform its duties under the letter of credit.

Example:
A company in India sells goods to a buyer in the USA under a letter of credit issued by an Indian bank. The Indian bank (issuing bank) allows the credit to be available by negotiation with a U.S. bank (nominated bank). If the U.S. bank fails to negotiate the documents (i.e., doesn’t purchase or discount the draft), the Indian bank must still honour the payment to the beneficiary in India, provided the documents comply with the credit terms.

Clause (b)

Clause:
“An issuing bank is irrevocably bound to honour as of the time it issues the credit.”

Explanation:
Once the issuing bank issues a letter of credit, it is irrevocably bound to honour the credit as long as the beneficiary presents compliant documents. This means that the issuing bank cannot revoke or cancel its obligation once the credit is issued.

Example:
If an issuing bank in Japan issues a letter of credit on behalf of a buyer in Japan for goods purchased from a supplier in China, the bank cannot withdraw its commitment once the letter of credit is issued. As long as the Chinese supplier presents the required documents as per the credit terms, the Japanese bank must honour the payment.

Clause (c)

Clause:
“An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the issuing bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether or not the nominated bank prepaid or purchased before maturity. An issuing bank’s undertaking to reimburse a nominated bank is independent of the issuing bank’s undertaking to the beneficiary.”

Explanation:
This clause states that if a nominated bank honours or negotiates a complying presentation and sends the documents to the issuing bank, the issuing bank must reimburse the nominated bank. If the credit is available by acceptance or deferred payment, the issuing bank must pay the nominated bank at maturity, regardless of whether the nominated bank prepaid or purchased the documents before maturity. The issuing bank’s obligation to reimburse the nominated bank is independent of its obligation to pay the beneficiary.

Example:
Suppose a French bank (issuing bank) issues a letter of credit available by deferred payment with a German bank (nominated bank). The German bank honours a complying presentation and forwards the documents to the French bank. The French bank must reimburse the German bank at maturity, even if the German bank had advanced payment to the beneficiary before the maturity date. This reimbursement obligation is separate from the French bank’s obligation to the beneficiary under the credit.

UCP600 Article 8 Explanation – CDCS Guide: Confirming Bank Undertaking

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Article 8: Confirming Bank Undertaking

Clause a

Clause:
Provided that the stipulated documents are presented to the confirming bank or to any other nominated bank and that they constitute a complying presentation, the confirming bank must:

i. honour, if the credit is available by –

a. sight payment, deferred payment or acceptance with the confirming bank;

b. sight payment with another nominated bank and that nominated bank does not pay;

c. deferred payment with another nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity; d. acceptance with another nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;

e. negotiation with another nominated bank and that nominated bank does not negotiate.

ii. negotiate, without recourse, if the credit is available by negotiation with the confirming bank.

Explanation:
This clause outlines the conditions under which the confirming bank must honor or negotiate the credit. If the stipulated documents are presented and they comply with the terms of the credit, the confirming bank has specific obligations to fulfill. Honour means fulfilling the obligations i.e. issuing acceptance or doing payment as per applicable scenario.

Examples:

  1. Sight payment with the confirming bank: The confirming bank in India must pay the exporter immediately upon presentation of compliant documents if the credit specifies sight payment.
  2. Sight payment with another nominated bank: If the UK bank (another nominated bank) fails to pay under a sight payment arrangement, the confirming bank in India must still pay the exporter.
  3. Deferred payment with another nominated bank: If the UK bank fails to honor a deferred payment at maturity, the confirming bank in India must pay the exporter.
  4. Acceptance with another nominated bank: If the UK bank fails to accept a draft or pay it at maturity, the confirming bank in India must step in and honour.
  5. Negotiation with another nominated bank: If the UK bank fails to negotiate the documents and pay to exporter, the confirming bank in India must honour the documents.
  6. Negotiate, without recourse, if the credit is available by negotiation with the confirming bank: The confirming bank in India must negotiate the documents without recourse if the credit is available by negotiation with confirming bank. (“Without recourse” here means incase issuing bank defaults to reimburse confirming bank then confirming bank would not be able to claim the funds back from beneficiary)

Clause b

Clause:
A confirming bank is irrevocably bound to honour or negotiate as of the time it adds its confirmation to the credit.

Explanation:
Once a confirming bank adds its confirmation to a letter of credit, it is irrevocably obligated to honor or negotiate the credit. This clause provides certainty and assurance to the beneficiary of the letter of credit.

Example:
When the confirming bank in India adds its confirmation to a letter of credit, it is legally bound to pay or negotiate according to the terms of the credit, giving the exporter confidence in receiving payment.

Clause c

Clause:

Confirming bank undertakes to reimburse another nominated bank that has honoured or negotiated a
complying presentation and forwarded the documents to the confirming bank. Reimbursement for the
amount of a complying presentation under a credit available by acceptance or deferred payment is due at
maturity, whether or not another nominated bank prepaid or purchased before maturity. A confirming
bank’s undertaking to reimburse another nominated bank is independent of the confirming bank’s
undertaking to the beneficiary.

Explanation:
The confirming bank must reimburse another nominated bank that honors or negotiates a complying presentation. The reimbursement is due at maturity for credits available by acceptance or deferred payment, regardless of whether the nominated bank prepaid or purchased before maturity. This reimbursement obligation is independent of the confirming bank’s undertaking to the beneficiary.

Example:
If another bank in the UK honors a deferred payment and forwards the documents to the confirming bank in India, the confirming bank must reimburse the UK bank at maturity. It is additional obligation of confirming bank apart from the obligations we read in previous clauses which were obligations towards beneficiary.

Clause d

Clause:

If a bank is authorized or requested by the issuing bank to confirm a credit but is not prepared to do so,
it must inform the issuing bank without delay and may advise the credit without confirmation.


Explanation:
If a bank is asked to confirm a credit but is unwilling, it must promptly inform the issuing bank and may still advise the credit without confirmation. This ensures clarity and timely communication between banks.

Example:
If the confirming bank in India is requested to confirm a credit but chooses not to, it must inform the issuing bank in the UK immediately and can advise the credit without adding its confirmation.

UCP600 Article 9 Explanation – CDCS Guide: Advising of Credits and Amendments

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Clause a

Clause: A credit and any amendment may be advised to a beneficiary through an advising bank. An advising bank that is not a confirming bank advises the credit and any amendment without any undertaking to honour or negotiate.

Explanation: An advising bank acts as an intermediary that passes the credit and any amendments to the beneficiary. If the advising bank is not a confirming bank, it does not provide any guarantee or obligation to honor or negotiate the credit; it simply forwards the information received from the issuing bank to the beneficiary.

Example: Bank A (the issuing bank) issues a letter of credit for $100,000 to Beneficiary X. This credit is sent through Bank B (the advising bank). Bank B, which is not confirming the credit, forwards this letter of credit to Beneficiary X without any promise to pay the $100,000 itself.

Clause b

Clause: By advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received.

Explanation: When the advising bank forwards the credit or amendment to the beneficiary, it indicates that it has verified the apparent authenticity of the document and confirms that the details provided to the beneficiary match those received from the issuing bank. However, advising bank does not verify genuineness of the LC. “Apparent authenticity” means that the letter of credit should appear to look authentic from the face. If LC is transmitted through swift then authenticity automatically verified by checking if it is received in MT700 format and in swift application as this application is secured.

Example: Bank B receives an amendment to the letter of credit from Bank A. Before advising Beneficiary X, Bank B checks the authenticity of the amendment and ensures that the details match those sent by Bank A. Once verified, Bank B advises Beneficiary X of the amendment.

Clause c

Clause: An advising bank may utilize the services of another bank (“second advising bank”) to advise the credit and any amendment to the beneficiary. By advising the credit or amendment, the second advising bank signifies that it has satisfied itself as to the apparent authenticity of the advice it has received and that the advice accurately reflects the terms and conditions of the credit or amendment received.

Explanation: An advising bank can use a second advising bank to forward the credit or amendment to the beneficiary. The second advising bank must also verify the authenticity of the document it received and ensure the details are accurate before advising the beneficiary.

Example: Bank A issues a credit and sends it to Bank B, which then uses Bank C (second advising bank) to advise Beneficiary X. Bank C verifies the authenticity of the document received from Bank B and advises Beneficiary X.

Clause d

Clause: A bank utilizing the services of an advising bank or second advising bank to advise a credit must use the same bank to advise any amendment thereto.

Explanation: If an issuing bank uses an advising bank or a second advising bank to advise a credit, it must use the same advising bank for any subsequent amendments to that credit to ensure consistency and reliability in communication.

Example: Bank A issues a credit through Bank B to Beneficiary X. Later, if there is an amendment, Bank A must again use Bank B to advise Beneficiary X of this amendment.

Clause e

Clause: If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit, amendment or advice has been received.

Explanation: If a bank chooses not to advise a credit or amendment, it must promptly notify the bank that sent the credit or amendment of its decision not to advise it. This ensures transparency and allows the issuing bank to take necessary actions. Please note here the word “immediately” is not defined anywhere about how long it means. So we need to consider this as soon as possible.

Example: Bank B receives a credit from Bank A but decides not to advise it to Beneficiary X. Bank B promptly informs Bank A of its decision not to advise the credit.

Clause f

Clause: If a bank is requested to advise a credit or amendment but cannot satisfy itself as to the apparent authenticity of the credit, the amendment or the advice, it must so inform, without delay, the bank from which the instructions appear to have been received. If the advising bank or second advising bank elects nonetheless to advise the credit or amendment, it must inform the beneficiary or second advising bank that it has not been able to satisfy itself as to the apparent authenticity of the credit, the amendment or the advice.

Explanation: If an advising bank cannot verify the authenticity of the credit or amendment, it must inform the bank that sent it. If the advising bank still decides to advise the credit or amendment, it must notify the beneficiary or second advising bank that it could not confirm the authenticity.

Example: Bank B receives a credit from Bank A but is unsure of its authenticity. Bank B informs Bank A of this uncertainty. If Bank B decides to advise the credit despite this, it must inform Beneficiary X that it could not verify the credit’s authenticity.

UCP600 Article 10 Explanation – CDCS Guide: Amendments in Documentary Credits

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Clause (a)

Clause: Except as otherwise provided by Article 38, a credit can neither be amended nor cancelled without the agreement of the issuing bank, the confirming bank, if any, and the beneficiary.

Explanation: This clause states that a letter of credit cannot be changed or cancelled unless all parties involved—the issuing bank, the confirming bank (if one exists), and the beneficiary—agree to the changes.

Example: Suppose Company A (the beneficiary) received a letter of credit issued by Bank X (the issuing bank) with Bank Y as the confirming bank. If Bank X wants to reduce the expiration date of the letter of credit, both Company A and Bank Y must agree to this change. Without their agreement, the expiration date remains unchanged.

Clause (b)

Clause: An issuing bank is irrevocably bound by an amendment as of the time it issues the amendment. A confirming bank may extend its confirmation to an amendment and will be irrevocably bound as of the time it advises the amendment. A confirming bank may, however, choose to advise an amendment without extending its confirmation and, if so, it must inform the issuing bank without delay and inform the beneficiary in its advice.

Explanation: Once an issuing bank issues an amendment, it is bound by it. A confirming bank has the option to confirm the amendment, in which case it is also bound by it once it advises the beneficiary. If the confirming bank chooses not to confirm the amendment, it must notify the issuing bank and the beneficiary promptly.

Example: If Bank X (issuing bank) issues an amendment to increase the credit amount and Bank Y (confirming bank) agrees to this change, Bank Y is bound by this amendment once it advises the amendment to Company A (beneficiary). However, if Bank Y decides not to confirm the increased amount, it must inform both Bank X and Company A immediately.

Clause (c)

Clause: The terms and conditions of the original credit (or a credit incorporating previously accepted amendments) will remain in force for the beneficiary until the beneficiary communicates its acceptance of the amendment to the bank that advised such amendment. The beneficiary should give notification of acceptance or rejection of an amendment. If the beneficiary fails to give such notification, a presentation that complies with the credit and to any not yet accepted amendment will be deemed to be notification of acceptance by the beneficiary of such amendment. As of that moment the credit will be amended.

Explanation: The original terms of the credit stay valid until the beneficiary accepts the amendment. The beneficiary should notify the advising bank of acceptance or rejection of the amendment. If the beneficiary does not notify, and present documents as per the amended credit terms, then it will be considered acceptance of the amendment.

Example: If Company A does not respond to the amendment issued by Bank X to extend the shipment date, but later presents shipping documents that comply with the extended date, it will be assumed that Company A has accepted the amendment.

Clause (d)

Clause: A bank that advises an amendment should inform the bank from which it received the amendment of any notification of acceptance or rejection.

Explanation: The advising bank must notify the issuing bank about the beneficiary’s acceptance or rejection of the amendment.

Example: If Bank Z (advising bank) receives an acceptance of an amendment from Company A, it must inform Bank X (issuing bank) about this acceptance.

Clause (e)

Clause: Partial acceptance of an amendment is not allowed and will be deemed to be notification of rejection of the amendment.

Explanation: The beneficiary cannot accept only parts of an amendment. If the beneficiary attempts to partially accept an amendment, it will be treated as a rejection of the entire amendment.

Example: If an amendment increases both the credit amount and the shipment period, Company A cannot accept only the increased credit amount and reject the extended shipment period. Such partial acceptance will be considered a rejection of the entire amendment.

Clause (f)

Clause: A provision in an amendment to the effect that the amendment shall enter into force unless rejected by the beneficiary within a certain time shall be disregarded.

Explanation: Any clause in an amendment stating that it will automatically take effect unless the beneficiary rejects it within a certain timeframe is invalid and ignored.

Example: If Bank X issues an amendment stating that the new terms will be effective unless Company A rejects it within 10 days, such a provision will be disregarded, and the amendment will not be automatically accepted after 10 days.

UCP600 Article 11 Explanations – CDCS Guide: Teletransmitted and Pre-Advised Credits and Amendments

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Clause a: Text: “An authenticated teletransmission of a credit or amendment will be deemed to be the operative credit or amendment, and any subsequent mail confirmation shall be disregarded. If a teletransmission states “full details to follow” (or words of similar effect), or states that the mail confirmation is to be the operative credit or amendment, then the teletransmission will not be deemed to be the operative credit or amendment. The issuing bank must then issue the operative credit or amendment without delay in terms not inconsistent with the teletransmission.”

Explanation: When a credit or an amendment is sent via authenticated teletransmission (e.g., SWIFT), it is considered the official and operative document. Any follow-up confirmation sent by mail should be ignored. However, if the teletransmission indicates that “full details to follow” or suggests that the mail confirmation will be the operative document, then the teletransmission is not considered operative. In such cases, the issuing bank must promptly issue the official credit or amendment, ensuring it aligns with the details in the teletransmission.

Example: A bank issues a letter of credit (L/C) via SWIFT message to the beneficiary, stating all the terms and conditions. This SWIFT message is the official L/C. If the message includes “full details to follow,” the SWIFT message is not operative. The bank must then send the official L/C via mail or another method, ensuring it matches the preliminary details in the SWIFT message.

Clause b: Text: “A preliminary advice of the issuance of a credit or amendment (“pre-advice”) shall only be sent if the issuing bank is prepared to issue the operative credit or amendment. An issuing bank that sends a pre-advice is irrevocably committed to issue the operative credit or amendment, without delay, in terms not inconsistent with the pre-advice.”

Explanation: A pre-advice is an advance notice about the issuance of a credit or an amendment. This should only be sent if the issuing bank is ready to issue the actual credit or amendment. Once a pre-advice is sent, the issuing bank is irrevocably bound to issue the operative credit or amendment promptly and in accordance with the terms mentioned in the pre-advice.

Example: A bank sends a pre-advice to a beneficiary stating that a letter of credit will be issued for a certain amount with specific terms. The bank is then obligated to issue the actual L/C promptly, ensuring it matches the terms outlined in the pre-advice. If the pre-advice states a credit amount of $100,000, the final L/C must also be for $100,000 with consistent terms.

UCP600 Article 12 Explanation – CDCS Guide: Nomination

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Clause a

Text:
“Unless a nominated bank is the confirming bank, an authorization to honour or negotiate does not impose any obligation on that nominated bank to honour or negotiate, except when expressly agreed to by that nominated bank and so communicated to the beneficiary.”

Explanation:
This clause means that if a bank is nominated to honour or negotiate a letter of credit (L/C) but is not a confirming bank, it is not automatically obliged to honour or negotiate unless it has agreed to do so and has informed the beneficiary. A confirming bank is one that adds its confirmation to the credit, thereby confirming bank is bound to honor or negotiate the documents if the terms of the L/C are met.

Example:
A beneficiary receives an L/C from Bank A, which nominates Bank B to honour or negotiate (this happens when LC is restricted to bank B). However, Bank B has not added its confirmation to the L/C. In this case, Bank B is not obligated to pay the beneficiary unless it has expressly agreed to do so and communicated this to the beneficiary.

Clause b

Text:
“By nominating a bank to accept a draft or incur a deferred payment undertaking, an issuing bank authorizes that nominated bank to prepay or purchase a draft accepted or a deferred payment undertaking incurred by that nominated bank.”

Explanation:
When an issuing bank nominates another bank to accept a draft or take on a deferred payment undertaking, it is giving that nominated bank the authority to prepay or purchase the accepted draft or the deferred payment undertaking. This means the nominated bank can advance funds based on the draft or deferred payment undertaking.

Example:
Bank A issues an L/C and nominates Bank B to accept drafts (this happens when LC is restricted to bank B). In time of advising the LC Bank B communicates the beneficiary that they will prepay against presentation of complied documents. The beneficiary then presents a draft along with other documents as per LC, Bank B can then decide to prepay the draft amount to the beneficiary or purchase the draft, providing immediate funds to the beneficiary.

Clause c

Text:
“Receipt or examination and forwarding of documents by a nominated bank that is not a confirming bank does not make that nominated bank liable to honour or negotiate, nor does it constitute honour or negotiation.”

Explanation:
If a nominated bank that is not a confirming bank receives, examines, and forwards documents under the L/C, it is not liable to honour or negotiate the credit. Simply handling the documents does not mean the nominated bank has undertaken the responsibility to pay the beneficiary.

Example:
Bank A issues an L/C and nominates Bank B. The beneficiary submits documents to Bank B, which then examines and forwards them to Bank A. Since Bank B is not a confirming bank, it is not obligated to pay the beneficiary; it is merely acting as an intermediary in the document handling process.