However I was trying to find a answer to a question I am having about an LC that we recvd.
I am from sellers side.
We have a buyer who has opened LC to us from his bank In Indonesia.
Our Bank is in Sri Lanka
Buyers bank is local Indonesian bank and perhaps doesn’t have test key arrangements with our bank in Sri Lanka so buyers bank is using below bank in Singapore as intermediary bank:
SINGAPORE HUB BRANCH.
Same bank is also drawee as per LC and also same bank is mentioned in 53A in LC as reimbursing bank.
Clause 46A of LC also says, that all documents to be sent by courier to issuing bank in Indonesia. Below are some extracts from LC for your understanding.
:41D: Available With ... By ...
ANY BANK IN SRI LANKA
:42C: Drafts at ...
120 DAYS AFTER SIGHT
:47A: Additional Conditions
3) ACCEPTANCE COMM AND DISCOUNT CHGS ARE FOR ACCT OF APPLICANT
AND ARE TO BE PAID AT MATURITY
:53A: Reimbursing Bank
:78 : Instructions to the Paying/Accepting/Negotiating Bank
+NEGOTIATING BANK IS AUTHORISED TO CLAIM REIMBURSEMENT FROM
CITIBANK, N.A, SINGAPORE (CITISGSGHUB) WHO HOLDS SPECIAL
REIMBURSEMENT AUTHORITY AFTER WE RECEIVE COMPLIANT DOCUMENTS,
UPON WHICH WE WILL AUTHORIZE REIMBURSING BANK TO HONOUR YOUR
CLAIM. ALL CLAIMS MUST BE ACCOMPANIED BY YOUR TESTED
CERTIFICATION THAT ALL TERMS ARE IN STRICT CONFORMITY WITH THE
TERMS AND CONDITIONS OF THE CREDIT UNDER TESTED ADVICE TO THE
+WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS AND BONA FIDE
HOLDERS OF THE DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS AND CONDITIONS OF THIS CREDIT THAT THE SAME WILL BE
DULY HONORED ON DUE PRESENTATION AS PER CREDIT TERMS
My questions are:
1. Can we ask customer to change drawee to issuing bank? Why they have mentioned drawee as citi bank?
2. Would drafts be drawn to citi bank or issuing bank in indonesia? Since documents are to be sent to issuing bank in LC so should we prepare drafts in name of issuing bank or citi bank?
3. Would issuing bank send a copy of original documents to citi bank before citi bank makes payment to us? Or do we also need to send any copy of draft of copy of documents to citi bank before they make payment to us?
4. Issuing bank says in clause 78 date beneficiary bank should claim reimbursing from citi bank, I want to know if presentation is complying, can citi bank hold or delay or refuse payment to us for any reason? Or they are bound to pay us under all circumstances? Under what circumstances citi bank or reiumbursing bank can refuse payment to us despite complying presentation?
5. If citi bank refuse payment to us then would applicant bank would be bound to pay us?
6. article 78 says that "ALL CLAIMS MUST BE ACCOMPANIED BY YOUR TESTED CERTIFICATION" what is a test certification? is this from bank or our side?
The forum is dedicated to all who deals with LCs. Please share your experiences, problems and opinions with us. You are requested to be confined to LC related issues only. Let us together discover the beauty of Letter of Credit. Thank and regards – admin; besttradesolution.com
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