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UCP-600 Articles 4 and 5

  Article-4 Credits v. Contracts   -a. A credit by its nature is a separate transaction from the sale or other contract on which it may be based.  Banks are in no way concerned with or bound by such contract, even if any reference whatsoever to it is  included in the credit. Consequently, the undertaking of a bank to honour, to negotiate or to fulfil any other  obligation under the credit is not subject to claims or defences by the applicant resulting from its  relationships with the issuing bank or the beneficiary. Explanation: Let’s first understand what are credit and contracts, letter of credit is one of the payment method in trade business, sales contracts is a written consent between importer and exporter when there is a trade going to take place, these contracts will include that, what, when and how will be done and both parties remain agree with those terms. That is one of the main reason we mostly look for a copy of sales contracts, purchase order or profroma invoice (will

UCP-600 Article-3 Interpretations

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Where applicable, words in the singular include the plural and in the plural include the singular. We can accept the document if given in singular in letter of credit and presented documents shown as plural or vice versa, however, that should not change the meaning of the word.   -A credit is irrevocable even if there is no indication to that effect. It says that even if we don’t mention in field 40A of letter of credit as “irrevocable” it will deemed to be irrevocable and can’t be cancelled or amended without the consent of all the parties of the letter of credit.   -A document may be signed by handwriting, facsimile signature, perforated signature, stamp, symbol or any o ther mechanical or electronic method of authentication. Let’s first understand what facsimile and perforated signature is- Facsimile:  a facsimile signature means the reproduction by engraving, imprinting, stamping, or other means of the manual signature, we can refer in below example: Perforated signature: sig

UCP 600-Article 1 and 2 Explanations :

Article -1 Application of UCP   The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no. 600 ("UCP")  are rules that apply to any documentary credit ("credit") (including, to the extent to which they may be  applicable, any standby letter of credit) when the text of the credit expressly indicates that it is subject to  these rules. They are binding on all parties thereto unless expressly modified or excluded by the credit. Explanation : UCP 600 is a set of rules issued by ICC for documentary credit practitioner implemented from dated July 01, 2007, Above UCP article number one says that these rules to be only applicable to the particular letter of credit or Standby Letter of Credit, if the field (M) 40E expressly states subject to UCP 600 or similar words. These rules are binding all the parties (issuing bank, beneficiary and confirming bank if any) unless field 47a of LC states to exclude or modify accordingly. Notes :

Money Laundering and its Method

Money laundering is the process to covert illegal money to make it look like it was generated from legitimate sources. Money normally comes from activities like drug, terrorist activities, and other illicit means. It is considered dirty and is laundered to make it legitimate money laundering is a serious crime that carries heavy penalties, including jail. There are three steps to launder money:  Placement: The money is introduced into the financial system, usually by breaking it into many different deposits. Layering: The money is shuffled around to hide the source of origin. Integration: The money is then brought back to the financial system as legitimate income or clean money. Now we will touch upon channels thru which money laundering can be done: a. Tax Evasion b. Multiple Tier of Accounts c. Funnel Accounts d. Contra Transactions e. Bank Drafts and Similar Instruments f. Cash Deposits followed by Transfers g. Connected Accounts h. Smurfing/Structuring i. Money Mu

Forex Market and Currency Risk

Forex market is a complex subject, here we will touch upon some of the important aspects of that effect the risk profile of an international transaction. 1.       Spot Rate : An arrangement to buy or sell currency at the current exchange rate is known as spot transaction. The exchange rate quoted for the transaction is called spot rate. Generally, spot transactions are undertaken for an actual exchange of currencies two business days following the transaction date (T+2) 2.       Forward Rate : This is future rate, possibally as far as a year ahead. Traders agree to buy and sell currencies for settlement beyond two business days, at predetermined exchange rates. These type of transactions are often used by businesses to reduce their exchange rate risks. Calculating the forward Rate : For an example, if when the client sells USD 100,000.00 transaction, the spot rate was 67 and the interest rate differential was 5%, the 30 day forward contact rate would be calculated as below :

Types of Letter of Credit

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Letters of credit are irrevocable undertaking issued by issuing bank on behalf of applicant to pay upon complied presentation in documentary form.  There are different types of letter of credit, let's have a look on few which are being used in our day to day business. Types of Letter of Credit Revocable Letter of Credit: Revocable letter of credit is a credit, which can be revoked, cancelled or amended by the issuing bank, without the notice of other parties which may be issuing bank,beneficiary or a confirming bank if any. Revocable LC’s are rarely used, from an exporter’s point of view, this type of LC is not a satisfactory one, In terms of UCP 600. All terms are credit are deemed to be irrevocable even if there is no indication to that effect, article 10 of UCP makes it clear that “ a credit can neither be amended nor cancelled without the agreement of the issuing bank, the confirming bank if any and the beneficiary. This types of credit are very risky and not used now a days

Pre-Shipment Finance and Post Shipment Finance

Defination of Pre-shipment Finance Pre-shipment finance is the financial service provided to the exporter from the date of receiving the order till the date of actual shipment of goods. It can be fund-based or non-fund based finance. The main purpose of extending pre-shipment finance is to fulfil the working capital needs of the seller of the goods such as preparation of raw material, labour, packaging material etc., processing or conversion into final goods, packaging, warehousing, transportation or shipping and other pre-shipment expenses, on the products which are to be exported. A purchase order from a buyer/documentary evidence such as a letter of credit or guarantee is issued on the buyer’s behalf and in favour of the exporter. Types of Pre-Shipment Finance Pre-Shipment Finance can be of three types: Packing Credit Advance against receivables from the Central Government, which is covered by ECGC guarantee. Advance against cheques received as advance payment. Post Shipment Finance
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Chandan Kumar Yadav
My name is Chandan Kumar Yadav CDCS, CSDG, CITF, PGDIBO,AML-KYC, CCFE, MLIBF, CSF, 6SIGMA a trade finance professional with an experience of 11 years whereas worked with several stages of letter of credit, bank guarantee and on other payments methods of trade transactions such as documentary collection, open accounts, SBLC etc., I have a fair understanding of Trade Based Money Laundering as well, Blogging related to Trade Finance is my passion and I want to share which I know and learn from others, I have worked with Wells Fargo, Yes Bank Limited and Bank of America, India which helped me to gain knowledge, view of Trade Finance and importance of International Trade in world's economy. Trade Finance is thumping product, everyday we are learning something new so in order to keep learning I started this as one of the platform. . Let's Learn Together