Letters of credit (LCs) are one of the most versatile and secure instruments available to international traders. An LC is a commitment by a bank on behalf of the importer (foreign buyer) that payment will be made to the beneficiary (exporter) provided that the terms and conditions stated in the LC been met, as evidenced by the presentation of specified documents. Since LCs are credit instruments, the importer’s credit with his bank is used to obtain an LC. The importer pays his bank a fee to render this service. An LC is useful when reliable credit information about a foreign buyer is difficult to obtain or if the foreign buyer’s credit is unacceptable, but the exporter is satisfied with the creditworthiness of the importer’s bank. This method also protects the importer since the documents required to trigger payment provide evidence that goods have been shipped as agreed. However, because Letters of Credit have opportunities for discrepancies, which may negate payment to the exporter, documents should be prepared by trained professionals or outsourced. Discrepant documents, literally not having an “i dotted and t crossed,” may negate the bank’s payment obligation.
– An LC, also referred to as a documentary credit, is a contractual agreement whereby the issuing bank (importer’s bank), acting on behalf of its customer (the importer or buyer), promises to make payment to the beneficiary or exporter against the receipt of “complying” stipulated documents.
– The issuing bank will typically use intermediary banks to facilitate the transaction and make payment to the exporter.
– The Letter of Credit is a separate contract from the sales contract on which it is based; therefore, the banks are not concerned with the quality of the underlying goods or whether each party fulfills the terms of the sales contract.
– The bank’s obligation to pay is solely Condi- toned upon the seller’s compliance with the terms and conditions of the LC. In LC transact- tons, banks deal in documents only, not goods.
CHARACTERISTICS OF A LETTER OF CREDIT
Applicability – Recommended for use in higher-risk situations or new or less-established trade relationships when the exporter is satisfied with the creditworthiness of the buyer’s bank.
Risk is spread between exporter and importer, provided that all terms and conditions as specified in the LC are adhered to.
Payment made after shipment. A variety of payment, financing and risk mitigation options available.
Labor intensive process. Relatively expensive method in terms of transaction costs.
Confirmed Letter of Credit
A greater degree of protection is afforded to the exporter when an LC issued by a foreign bank (the importer’s issuing bank) is confirmed by a U.S. bank. The exporter asks its customer to have the issuing bank authorize a bank in the exporter’s country to confirm (this bank is typically the advising bank, which then becomes the confirming bank). Confirmation means that the U.S. bank adds its engagement to pay the exporter to that of the foreign bank. If an LC is not confirmed, the exporter is subject to the payment risk of the foreign bank and the political risk of the importing country. Exporters should consider getting confirmed LCs if they are concerned about the credit standing of the foreign bank or when they are operating in a high-risk market, where political upheaval, economic collapse, devaluation or exchange controls could put the payment at risk. Exporters should also consider getting confirmed LCs when importers are asking for extended payment terms.
Illustrative Letter of Credit Transaction
1. The importer arranges for the issuing bank to open an LC in favor of the exporter.
2. The issuing bank transmits the LC to the nominated bank, which forwards it to the exporter.
3. The exporter forwards the goods and documents to a freight forwarder.
4. The freight forwarder dispatches the goods and either the dispatcher or the exporter submits douc- mints to the nominated bank.
5. The nominated bank checks documents for compliance with the LC and collects payment from the issuing bank for the exporter.
6. The importer’s account at the issuing bank is debited.
7. The issuing bank releases documents to the importer to claim the goods from the carrier and to clear them at customs.
Special Letters of Credit
LCs can take many forms. When an LC is made transferable, the payment obligation under the original LC can be transferred to one or more “second beneficiaries.” With a revolving LC, the issuing bank restores the credit to its original amount each time it is drawn down. A standby LC is not intended to serve as the means of payment for goods but can be drawn in the event of a contractual default, including the failure of an in- porter to pay invoices when due. Similarly, standby LCs are often posted by exporters in favor of an importer to pay invoices when due. Standby LCs are often posted by exporters in favor of importers because they can serve as bid bonds, performance bonds, and advance payment guarantees. In addition, standby LCs are of- ten used as counter guarantees against the provision of down payments and progress payments on the part of foreign buyers.
Tips for Exporters
– Consult with your bank before the importer applies for an LC.
– Consider whether a confirmed LC is needed.
– Negotiate with the importer and agree upon detailed terms to be incorporated into the LC.
– Determine if all Letters of Credit terms can be met within the prescribed time limits.
– Ensure that all the documents are consistent with the terms and conditions of the LC.
– Be cautious of discrepancy opportunities that may delay or cause non-payment.