documentary credits - BNP Paribas Corporate & Investment Banking
Transcription
documentary credits - BNP Paribas Corporate & Investment Banking
DOCUMENTARY CREDITS Secure the payment of your international transactions. A documentary credit, commonly called Letter of Credit or L/C, is a payment instrument and a payment guarantee at the same time. This type of solution can fit the needs of both importers and exporters. Types of documentary credits A documentary credit is an irrevocable commitment of the buyer/importer’s bank (the issuing bank) in favour of a supplier/exporter (the beneficiary), to honour (i.e. to pay at sight; or to incur a deferred payment undertaking and to pay at maturity; or to accept a draft drawn by the beneficiary and to pay it at maturity, as the case may be) a presentation, provided that the supplier submits a complying presentation (i.e. a presentation of the documents specified in the L/C, in conformity with the terms and conditions of the L/C and the applicable international rules). By nature, a L/C is an independent payment mechanism, separate from the sales contract or other agreement on which it may be based. Banks deal with the documents and not with the goods or the execution of services or performance to which these documents are related. n IRREVOCABLE AND CONFIRMED Payment instrument + Two payment guarantees, those of the issuing bank and of the confirmation bank. It cannot be cancelled without the agreement of all the parties (importer, issuing bank, confirming bank, exporter). It covers commercial, political and non-transfer risks. SECURITY Principle n IRREVOCABLE Payment instrument + one payment guarantee, the one of the issuing bank. It cannot be cancelled without the agreement of all parties (exporter, importer and issuing bank). It covers commercial risks only. Possible Settlement Methods 2. Request of documentary credit opening APPLICANT 1. Commercial contract n By deferred payment: the beneficiary will be paid on due date. 7. Sending of documents ISSUING BANK BENEFICIARY 6. Presentation of documents 3. Documentary credit opening n At sight: the beneficiary is paid at sight against presentation of complying documents. 5. Presentation of documents ADVISING AND/OR CONFIRMING BANK 4. Documentary credit notification n By acceptance: the beneficiary holds a draft accepted by a bank, which will be paid on due date. n By negotiation: the beneficiary can ask the nominated bank to advance the funds before or on the payment due date. Specific documentary credits Depending on your needs, our experts will lead you to the most suitable solution. n Revolving It is a documentary credit in which, the amount is automatically renewed under the same terms and conditions. It can be “revolving” in time or in value. It can also be cumulative or non-cumulative. The issuing bank is irrevocably committed for the overall amount of the transaction. n Transferable In a transferable documentary credit, the beneficiary (the first beneficiary, not being the supplier of the goods) asks the bank where the credit is available, to transfer the whole or part of the rights to use this credit to a new beneficiary (the second beneficiary). The latter is often the real supplier of the goods. This documentary credit makes it possible to, simultaneously; pay the second beneficiary for the value of its invoice and the first beneficiary for the difference between the value of its invoice and that of the second beneficiary. n Back To Back If a documentary credit cannot be transferred (because it is not stipulated as transferable or because conditions between the purchase agreement and the sales agreement are different), the beneficiary of this documentary credit will have to request his bank to issue a new documentary credit which will cover payment to the supplier. This documentary credit issued by the beneficiary’s bank (acting as an intermediary) is called a “back-to-back” letter of credit and requires the granting of a credit facility. n Red Clause It is a documentary credit that contains a special condition of financing, by which the nominated bank (the bank where the credit is available) is authorised to pay an advance to the beneficiary before shipment of the goods, against presentation of certain documents (simple receipt and/ or commitment of the beneficiary to ship the goods and to present the documents immediately after shipment). This advance is granted by the bank where the credit is available, at the request and risk of the issuing bank. n Green Clause The mechanism is the same as for the Red Clause. However, the advance of funds is subject to the presentation of the documents related to the goods (such as warehouse or storage certificate, receipt of forwarding agent or certificate of inspection). n Syndication The commitments incurred under a documentary credit can be syndicated. This involves several banks (bank pool) that are linked to a contract called “syndication contract”. The beneficiary of the documentary credit is not informed of this structuring, whereas the applicant often is. Key advantages n Universal means of payment Thanks to an easy and recognised procedure, you benefit from a means of payment subject to international uniform rules (the International Chamber of Commerce - Publication N°600, also known as Uniform Customs and Practices N°600). n Means of payment with flexible guarantee Depending on to the level of security wished, a documentary credit enables you to cover the commercial risks, the country risks and the bank risk. n Means of financing Depending on the means of availability (settlement methods), a documentary credit can also be a financing instrument. n Trade Center Expertise By involving your BNP Paribas Trade Center at an early stage, you will be able to identify the feasibility of your transaction and to benefit from a high level of expertise to set-up your documentary credit, which will help you in your commercial negotiations. n Connexis Trade Through our dedicated e-platform Connexis Trade, you will be able to manage all your transactions online. For further additional information, please contact: Your BNP Paribas Trade Center The information contained in this document is correct as at the date of printing. It is distributed for information purposes only, it does not constitute a prospectus and is not and should not be construed as an offer document or an offer or solicitation to buy or sell any product or solution, to subscribe any service or to enter into any transaction described in that document. This document does not and is not intended to constitute any investment or financial advice, and nothing contained herein shall be construed as an inducement or recommendation of any form whatsoever. Recipient should contain independant legal, financial and other professional advice as regards its decision to buy or sell any product or solution, to subscribe any service or to enter into any transaction described herein. BNP Paribas will not be responsible for the consequences of any use of or reliance upon any information contained herein or for any omission or error. This document is distributed to selected recipients only. It may not be reproduced or disclosed (in whole or in part) to any other person nor be quoted or referred to in any document without the prior written permission of BNP Paribas. © 2013 BNP Paribas. All rights reserved.