International banking rules

URC 522 Article 21: Charges and Expenses in Collections – Explanation

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URC 522 ARTICLE 21 : CHARGES AND EXPENSES

Clause (a): “If the collection instruction specifies that collection charges and/or expenses are to be for account of the drawee and the drawee refuses to pay them, the presenting bank may deliver the document(s) against payment or acceptance or on other terms and conditions as the case may be, without collecting charges and/or expenses, unless sub-Article 21(b) applies. Whenever collection charges and/or expenses are so waived they will be for the account of the party from whom the collection was received and may be deducted from the proceeds.”

Explanation: This clause provides that if a collection instruction mandates that the drawee (the party expected to pay) is responsible for charges and expenses, and the drawee refuses to pay, the presenting bank (the bank handling the documents) may still deliver the documents against payment, acceptance, or under other terms, without collecting these charges from the drawee. However, the charges or expenses waived will then be charged to the party from whom the collection instruction was received, and these may be deducted from the collection proceeds.

Example: Suppose a seller in India sends a bill of exchange to a buyer in Germany through an Indian bank, with instructions that the German buyer is responsible for any collection charges. If the German buyer refuses to pay these charges but agrees to pay the bill, the German bank (presenting bank) may still deliver the documents to the buyer. The Indian bank would then be responsible for the charges, and it could deduct these from the funds received from the buyer’s payment.

Clause (b): “Where the collection instruction expressly states that charges and/or expenses may not be waived and the drawee refuses to pay such charges and/or expenses, the presenting bank will not deliver documents and will not be responsible for any consequences arising out of any delay in the delivery of the document(s). When payment of collection charges and/or expenses has been refused the presenting bank must inform by telecommunication or, if that is not possible, by other expeditious means without delay the bank from which the collection instruction was received.”

Explanation: This clause emphasizes that if the collection instructions clearly state that the charges cannot be waived and the drawee refuses to pay these charges, the presenting bank must not release the documents. The bank is also not liable for any delays caused by this refusal. Moreover, the presenting bank must immediately notify the bank that sent the collection instruction (remitting bank) using the quickest possible means of communication.

Example: Continuing with the previous scenario, if the Indian seller had explicitly instructed that the collection charges must not be waived, and the German buyer refused to pay these charges, the German bank would hold onto the documents and immediately inform the Indian bank. The German bank is not responsible for any delays in delivering the documents, even if this delay causes issues with the buyer or seller.

Clause (c): “In all cases where in the express terms of a collection instruction or under these Rules, disbursements and/or expenses and/or collection charges are to be borne by the principal, the collecting bank(s) shall be entitled to recover promptly outlays in respect of disbursements, expenses and charges from the bank from which the collection instruction was received, and the remitting bank shall be entitled to recover promptly from the principal any amount so paid out by it, together with its own disbursements, expenses and charges, regardless of the fate of the collection.”

Explanation: This clause provides that if collection instructions or the URC 522 rules state that the principal (the party initiating the collection) is responsible for charges, the collecting bank can promptly recover these costs from the bank that sent the collection instruction. The remitting bank, in turn, can promptly recover these costs from the principal, irrespective of whether the collection was successful or not.

Example: If the Indian seller’s collection instruction specifies that they are responsible for all charges, and the German bank incurs expenses in the collection process, the German bank can demand reimbursement from the Indian bank. The Indian bank, in turn, can demand these costs from the seller, whether or not the buyer in Germany ultimately pays the bill.

Clause (d): “Banks reserve the right to demand payment of charges and/or expenses in advance from the party from whom the collection instruction was received, to cover costs in attempting to carry out any instructions, and pending receipt of such payment also reserve the right not to carry out such instructions.”

Explanation: This clause allows banks to demand advance payment of charges and expenses from the party issuing the collection instruction (typically the principal). If the advance payment is not made, the bank reserves the right to refuse to execute the collection instructions.

Example: If the Indian seller sends a collection instruction to their bank but the bank anticipates that the collection might involve significant expenses, the bank can ask the seller to pay these charges in advance. If the seller does not pay, the bank has the right to refuse to process the collection.

URR 725 Article 2: Definitions – Detailed Explanation with Examples – CDCS Guide

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Explanation of URR 725 Article 2 : Definitions

For the purpose of these rules, the following terms shall have the meaning specified in this article and may be used in the singular or plural as appropriate:

a. “Issuing bank” means the bank that has issued a credit and the reimbursement authorization under that credit.

Explanation: The issuing bank is the financial institution that initiates a letter of credit (LC) and provides a reimbursement authorization under that credit. This bank is responsible for ensuring that the terms of the LC are met and that the funds are available for the reimbursement to the bank that honors the credit.

Example: If Bank A issues a letter of credit for a buyer in Country X, Bank A is the issuing bank. Bank A also provides a reimbursement authorization to Bank B (the reimbursing bank) to pay the bank (the claiming bank) that presents a valid claim under the letter of credit.

b. “Reimbursing bank” means the bank instructed or authorized to provide reimbursement pursuant to a reimbursement authorization issued by the issuing bank.

Explanation: The reimbursing bank is the bank that receives instructions from the issuing bank to pay the claiming bank upon receipt of a valid reimbursement claim. The reimbursing bank acts as an intermediary between the issuing bank and the claiming bank.

Example: If Bank A (the issuing bank) instructs Bank B to pay Bank C upon the presentation of a valid reimbursement claim, Bank B is the reimbursing bank.

c. “Reimbursement authorization” means an instruction or authorization, independent of the credit, issued by an issuing bank to a reimbursing bank to reimburse a claiming bank or, if so requested by the issuing bank, to accept and pay a time draft drawn on the reimbursing bank.

Explanation: A reimbursement authorization is a separate instruction from the issuing bank to the reimbursing bank, directing the latter to reimburse the claiming bank. This authorization is independent of the letter of credit and can also involve accepting and paying a time draft drawn on the reimbursing bank.

Example: Bank A issues a letter of credit and separately authorizes Bank B (the reimbursing bank) to pay Bank C (the claiming bank) upon the presentation of the required documents. This instruction from Bank A to Bank B is the reimbursement authorization.

d. “Reimbursement Amendment” means an advice from the issuing bank to a reimbursing bank stating changes to a reimbursement authorization.

Explanation: A reimbursement amendment is a notice from the issuing bank to the reimbursing bank that modifies the original reimbursement authorization. This amendment may involve changes in terms, conditions, or instructions provided earlier.

Example: If Bank A initially authorized Bank B to reimburse Bank C upon presentation of specific documents, but later needs to change the amount or conditions, Bank A will issue a reimbursement amendment to Bank B.

e. “Claiming Bank” means a bank that honours or negotiates a credit and presents a reimbursement claim to the reimbursing bank. “Claiming Bank” includes a bank authorized to present a reimbursement claim to the reimbursing bank on behalf of the bank that honours or negotiates.

Explanation: The claiming bank is the financial institution that pays or negotiates under the letter of credit and then seeks reimbursement from the reimbursing bank. This term also applies to any bank authorized to claim reimbursement on behalf of the bank that made the payment.

Example: Bank C negotiates a letter of credit and subsequently presents a reimbursement claim to Bank B (the reimbursing bank) for payment. Bank C is the claiming bank.

f. “Reimbursement Claim” means a request for reimbursement from the claiming bank to the reimbursing bank.

Explanation: A reimbursement claim is a formal request made by the claiming bank to the reimbursing bank, asking for the payment of funds as per the reimbursement authorization.

Example: After Bank C honors a letter of credit, it sends a reimbursement claim to Bank B (the reimbursing bank) to receive payment for the amount disbursed under the credit.

g. “Reimbursement undertaking” means a separate irrevocable undertaking of the reimbursing bank, issued upon the authorization or request of the issuing bank, to the claiming bank named in the reimbursement authorization, to honour that bank’s reimbursement claim, provided the terms and conditions of the reimbursement undertaking have been complied with.

Explanation: A reimbursement undertaking is an irrevocable commitment made by the reimbursing bank, at the request of the issuing bank, to honor the claiming bank’s reimbursement claim. This undertaking is independent and ensures that the claiming bank will be paid if the conditions are met.

Example: Bank B, acting as the reimbursing bank, issues a reimbursement undertaking to Bank C, promising to pay the claim made by Bank C under the letter of credit, provided all terms and conditions are fulfilled.

h. “Reimbursement undertaking amendment” means an advice from the reimbursing bank to the claiming bank named in the reimbursement authorization stating changes to a reimbursement undertaking.

Explanation: A reimbursement undertaking amendment is a notification from the reimbursing bank to the claiming bank, informing it of any changes to the original reimbursement undertaking.

Example: If Bank B (the reimbursing bank) needs to alter the terms of the reimbursement undertaking issued to Bank C (the claiming bank), Bank B will send a reimbursement undertaking amendment to Bank C.

i. For the purpose of these rules, branches of a bank in different countries are considered to be separate banks.

Explanation: Under these rules, different branches of the same bank located in various countries are treated as separate legal entities or banks.

Example: If a bank with branches in both Country X and Country Y is involved in a transaction under URR725, the branch in Country X is considered a separate bank from the branch in Country Y.