URC 522 Article 11 : “Disclaimer for Acts of an Instructed Party” – Explanation

Article 11: Disclaimer for Acts of an Instructed Party

a. “Banks utilising the services of another bank or other banks for the purpose of giving effect to the instructions of the principal, do so for the account and at the risk of such principal.”

Explanation: This clause emphasizes that when a bank uses another bank’s services to execute instructions from its client (the principal), the primary responsibility and risk associated with these instructions remain with the client. The bank that initiates the use of another bank’s services is merely facilitating the process, and it is the client who bears any financial or operational risk involved.

Example: Imagine a company (the principal) instructs its bank (Bank A) to transfer funds to an overseas supplier through a correspondent bank (Bank B). According to this clause, if there are any issues or losses arising from the transaction while Bank B is handling it, the company (the principal) is responsible for these issues, not Bank A. Bank A is acting on behalf of the company but does not assume liability for the actions of Bank B.


b. “Banks assume no liability or responsibility should the instructions they transmit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).”

Explanation: This clause makes it clear that banks are not liable for failures in executing instructions if they have chosen another bank to carry out the instructions. Even if the initiating bank (Bank A) was involved in selecting the other bank (Bank B) for the transaction, it does not assume responsibility if the other bank fails to execute the instructions properly.

Example: Consider a scenario where Bank A chooses Bank B to process a letter of credit for a transaction. If Bank B fails to fulfill the terms of the letter of credit and there are losses or complications, Bank A is not held responsible for Bank B’s failure. The liability lies with the party (the principal) who instructed the bank.


c. “A party instructing another party to perform services shall be bound by and liable to indemnify the instructed party against all obligations and responsibilities imposed by foreign laws and usages.”

Explanation: This clause highlights that if one party instructs another party to perform certain services, the instructing party is responsible for any obligations or legal responsibilities that arise under foreign laws or customs related to the service. The instructing party must also indemnify (compensate) the instructed party for any such obligations or responsibilities.

Example: Suppose a company (the instructing party) asks a bank (the instructed party) to facilitate an international transaction. If foreign laws or regulations impose certain duties or liabilities on the bank due to this transaction, the company must cover these responsibilities. For instance, if the transaction involves compliance with foreign anti-money laundering regulations and the bank faces fines or penalties due to the company’s failure to comply, the company must compensate the bank for these costs.

URR 725 Article 11: Processing a Reimbursement Claim – CDCS Guide

Article 11 – Processing a Reimbursement Claim

a. i. “A reimbursing bank shall have a maximum of three banking days following the day of receipt of the reimbursement claim to process the claim. A reimbursement claim received outside banking hours will be deemed to be received on the next following banking day. If a pre-debit notification is required by the issuing bank, this pre-debit notification period shall be in addition to the processing period mentioned above.”

Explanation: This clause mandates that the reimbursing bank has up to three banking days to process a reimbursement claim after receiving it. If the claim is received outside of the bank’s working hours, the claim is considered received on the next business day. Additionally, if the issuing bank requires a pre-debit notification, the time allowed for this notification is added to the initial three-day processing period.

Example: If a reimbursing bank receives a claim at 5:30 PM on a Friday, and the bank closes at 5:00 PM, the claim is considered received on Monday, the next banking day. The bank then has until Wednesday to process the claim. If a pre-debit notification is needed and takes two days, the bank would have until Friday to complete the processing.

a. ii. “If the reimbursing bank determines not to reimburse, either because of a non-conforming claim under a reimbursement undertaking or for any reason whatsoever under a reimbursement authorization, it shall give notice to that effect by telecommunication or, if that is not possible, by other expeditious means, no later than the close of the third banking day following the day of receipt of the claim (plus any additional period mentioned in sub-Article (i) above). Such notice shall be sent to the claiming bank and the issuing bank and, in the case of a reimbursement undertaking, it must state the reasons for non-payment of the claim.”

Explanation: If the reimbursing bank decides not to honor the reimbursement claim due to any reason, such as non-compliance with the reimbursement undertaking, it must notify the claiming bank and the issuing bank within three banking days after receiving the claim. If a pre-debit notification is required, the three-day period starts after this additional notification period. The notice must include reasons for non-payment.

Example: A bank receives a claim on Tuesday but finds that the claim is non-conforming on Wednesday. The bank must notify both the claiming bank and the issuing bank by Friday, explaining why the claim will not be paid.

b. “A reimbursing bank will not process a request for back value (value dating prior to the date of a reimbursement claim) from the claiming bank.”

Explanation: This clause prevents a reimbursing bank from accepting or processing any requests to backdate a reimbursement claim to a date earlier than the claim’s submission. Essentially, the reimbursement claim must be processed based on the date it was actually received, not any prior date.

Example: If a claiming bank submits a reimbursement claim on August 10th, it cannot request the reimbursing bank to process the payment as if it was received on August 1st. The reimbursing bank will only process the claim based on the August 10th submission date.

c. i. “When a reimbursing bank has not issued a reimbursement undertaking and a reimbursement is due on a future date: the reimbursement claim must specify the predetermined reimbursement date;”

Explanation: If the reimbursing bank has not issued a reimbursement undertaking and the reimbursement is scheduled for a future date, the claiming bank must clearly mention the predetermined date in its reimbursement claim.

Example: A claiming bank submits a reimbursement claim on August 1st, but the reimbursement is due on August 15th. The claim must explicitly state that the reimbursement is due on August 15th.

c. ii. “the reimbursement claim should not be presented to the reimbursing bank more than ten banking days prior to such predetermined date. If a reimbursement claim is presented more than ten banking days prior to the predetermined date, the reimbursing bank may disregard the reimbursement claim. If the reimbursing bank disregards the reimbursement claim, it must so inform the claiming bank by teletransmission or other expeditious means without delay.”

Explanation: This clause sets a limit on when a reimbursement claim can be submitted to the reimbursing bank, specifically not more than ten banking days before the predetermined reimbursement date. If a claim is submitted earlier than this, the reimbursing bank has the right to ignore it and must promptly inform the claiming bank if they do so.

Example: If the predetermined reimbursement date is August 20th, the claiming bank should not submit the claim before August 6th. If the claim is submitted on August 1st, the reimbursing bank can choose to disregard it and must notify the claiming bank immediately.

c. iii. “If the predetermined reimbursement date is more than three banking days following the day of receipt of the reimbursement claim, the reimbursing bank has no obligation to provide notice of non-reimbursement until such predetermined date, or no later than the close of the third banking day following the receipt of the reimbursement claim plus any additional period mentioned in (a) (i) above, whichever is later.”

Explanation: If the predetermined reimbursement date is more than three banking days after the reimbursement claim is received, the reimbursing bank is not required to notify the claiming bank of any non-reimbursement decision until the predetermined date. However, the bank may also choose to give notice by the end of the third banking day after receiving the claim, considering any extra time allowed for pre-debit notifications as mentioned earlier.

Example: A reimbursement claim is received on August 1st, with a predetermined reimbursement date of August 10th. The reimbursing bank has until August 10th to inform the claiming bank if they decide not to reimburse. However, if the bank decides earlier, it can notify the claiming bank by August 4th.

d. “Unless otherwise expressly agreed to by the reimbursing bank and the claiming bank, a reimbursing bank will effect reimbursement under a reimbursement claim only to the claiming bank.”

Explanation: This clause ensures that reimbursement is made only to the claiming bank unless there is a specific agreement between the reimbursing bank and the claiming bank stating otherwise. This is to maintain clarity and prevent unauthorized third-party claims.

Example: If Bank A submits a reimbursement claim to Bank B, the reimbursement will be made directly to Bank A. Bank B will not reimburse any third party unless explicitly agreed upon with Bank A.

e. “A reimbursing bank assumes no liability or responsibility if it honours a reimbursement claim indicating that a payment, acceptance or negotiation was made under reserve or against an indemnity, and shall disregard such indication.”

Explanation: This clause states that a reimbursing bank is not liable if it processes a reimbursement claim that mentions that the original payment, acceptance, or negotiation was made under reserve or against an indemnity. The reimbursing bank will disregard such indications when processing the claim.

Example: If a reimbursement claim from Bank A to Bank B states that the payment was made under reserve, Bank B can process the reimbursement claim without considering the reservation or indemnity conditions mentioned. Bank B will not be held responsible for any issues arising from those conditions.

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

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.