文/谭小庆

The ways to avoid the discrepancies in L/C

文/谭小庆

1 Precaution In advance

We can detail to review to aspects of the L/C. The first thing is to understand and review the L/C issuing bank’s credit standing. The issuing bank is conducive to the smooth progress of the settlement. Good credit bank can avoid false letter of credit fraud from the source. Although the L/C business belongs to the bank credit, some of the poor reputation of the issuing bank will struggle to match of the applicant, even can be unreasonable to refusal of payment. Some bad credit Banks tend to be illegal importers and collusion. Exporter suffers serious damage in goods and money. It is important to Carefully review the terms of the L/C. Checking the L/C is based on the contract and the international trade practice.

2 Rigorous works

The company staff should be strictly in accordance with the requirements of the L/C documents. Before he submits a full set of documents, he must carefully review the documents whether they conform to the requirements of the L/C. Agreed documents must conform to the requirements of the L/ C. The part of required documents in credit terms need to be careful treated ecause it is an important part of the cause of L/C.

Before negotiation by the documents，we need carefully review the documents again to ensure that the documents are consistent. In this way we can guarantee the smooth payment and benefit should be not damaged. The negotiation is as soon as possible. The seller shall submit documents as called for by the L/C in time. If the documents are consistent, the beneficiary is to receive the funds as soon as possible. If there are discrepancies in documents found by the negotiating bank, we still have enough time to correct the documents. Even if the documents have been sent to the issuing bank, the issuing bank found discrepancies and refused, the beneficiary may have some time to correct documents o ensure the safety settlement. If the documents are consistent, the beneficiary negotiates as soon as possible in order to accelerate the flow of goods and capital. Finally try to avoid sending documents directly to the issuing bank. The best form of negotiation is that we let negotiating bank for collection. The negotiating bank can advance audit documents conform to the requirements of the L/C. Conversely, if we directly send the documents to the issuing bank, the documents may not be dishonored by non-payment.

3 Make up to resolve

When the documents obtain the discrepancies and are bounced, we should keep calm. After we carry careful analysis of the causes of discrepancies, we make reasonable and effective measures to solve the problem. Firstly we need to take the L/ C rules, especial the UCP600 and ISBP. We need make an analysis according to the rules of the L/C to determine whether the discrepancies are set up, and then take different strategies to resolve. If there are true discrepancies in the documents, such as simple spelling errors, number error in the draft and company address error, it is not be treated as discrepancies in accordance with the rules. We can accord the rules of UCP600 art.4 and ISBP745 argued, and retort to refusal of payment bank dishonored. A document is only logical relationship of the information, but is not consistent, for example calculation error on the commercial invoice, bill of lading no endorsement by the requirement and draft amount wrong. But the number of copies of invoice provide inadequate should be received upon receipt of the notice of refusal in L/C. According to the provisions of UCP600 art.4, the beneficiary of the L/C accepts or rejects in two ways. In one way to accept or reject the L/C modification notice, or in the other way to accept or reject changes. After the applicant due to the issuing bank of L/ C modification request, the beneficiary resubmits documents conform to the requirements of the modified.

once the issuing bank refuses to pay, the applicant and the beneficiary must pay close attention to the goods. Prior to the issuing bank for payment, beneficiary always grasp the disposition of documents to ensure right of goods not lost. At the same time beneficiary actively looks for foreign buyers to minimize business losses.

作者单位
嘉兴职业技术学院