GLOSSARY OF TRADE TERMS
This glossary consists of terms that you may come across as an importer or exporter.
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Abusive
draw
Drawing on a standby letter of credit/demand guarantee when no
violation of the underlying contract has occurred.
Acceptance
Time draft
"accepted" by the party upon whom it is drawn by so endorsing the front of
the draft. Acceptance constitutes an unconditional obligation on the part
of the accepting party to pay the draft at maturity. A draft accepted by a
bank is called a "banker’s acceptance" whereas one accepted by a company
is called a "trade acceptance."
Account party
Party for whom a
letter of credit is opened. "Account party" and "applicant" are generally
synonymous, but sometimes one party will agree with the issuing bank to
make all payments under a letter of credit showing the name of another
party (often two affiliated companies). Banks may refer to one of these
parties as the applicant and the other as the account party, but there is
no consistency among banks regarding which is which.
Advance payment
Funds given by
the buyer of goods to the seller prior to shipment, often just a
percentage of the value of the goods with the remainder paid after
shipment.
Advance payment bond
Bond,
guarantee, or standby letter of credit given by a seller receiving an
advance payment to the buyer to assure that the funds will be returned if
goods are never shipped.
Advising bank
Bank that
receives a letter of credit from the issuing bank for authentication and
delivery to the beneficiary. The advising bank is usually a correspondent
of the issuing bank located in the vicinity of the beneficiary.
Airway bill
Document signed
by an airline to show receipt of goods for air transportation from and to
the airports indicated.
Ancillary guarantee
Type of
guarantee where the guarantor joins with one of the parties to the
contract and agrees to fulfill that party’s obligations if necessary,
effectively co-signing the contract. As opposed to an independent or
demand guarantee, under an ancillary guarantee the guarantor also acquires
rights under the contract and may resort to terms in the contract to
dispute claims against the guarantee. Also called a "contract guarantee."
Although banks in the U.S. are generally prohibited by law from issuing
ancillary guarantees, banks in other countries are not. US banks instead
issue demand guarantees or standby letters of credit.
Applicant
Party requesting
that a letter of credit be opened.
Approval, documents sent on
Treatment of letter of credit documents wherein the negotiating
bank does not certify that the documents meet the requirements of the L/C,
but rather forwards the documents to the issuing bank with a request that
it examine the documents, obtain waiver of any discrepancies, and pay, or,
in the case of time drafts, accept the drafts, if drawn on them, or
authorize acceptance by the drawee bank.
Assignment of proceeds
Legal
mechanism by which the beneficiary of a letter of credit may pledge the
proceeds of future drawings to a third party. Assigning proceeds involves
giving the letter of credit to a bank, which will hold the L/C until drawn
upon, along with irrevocable instructions to the bank to disburse
proceeds, when generated, in a specified way, e.g., "pay 75% of
each drawing to XYZ Company." The bank will acknowledge the assignment to
the assignee but has no obligation actually to pay any funds to the
assignee unless the L/C is drawn upon by the beneficiary and payment is
received from the issuing or confirming bank. An assignment of proceeds is
not an assignment or transfer of the letter of credit and the assignee
acquires no rights to perform under the L/C in order to generate funds.
Authority to pay
See
"cable
for authority to pay."
Aval
Guarantee added by a bank
to an accepted time draft by endorsing the front of the draft "per aval."
The avalizing bank becomes obligated to pay the draft at maturity if the
drawee/acceptor fails to do so.
Avalized draft
Trade
acceptance to which an aval has been added.
B/A
Abbreviation
for "banker’s
acceptance."
B/L
Abbreviation for "bill of
lading."
Banker’s acceptance
Time draft
that has been drawn on and accepted by a bank. In a large and active
market, investors buy and sell bankers’ acceptances at rates similar to,
and often below, LIBOR. Rates are low due to the low risk of default on
the part of a bank and the fact that there is generally an underlying
trade transaction, the proceeds of which are pledged to cover the
acceptance when it matures.
Beneficiary
Party in whose
favor a letter of credit is issued, who is entitled to present documents
required by the L/C and receive payment.
Bid bond
Bond, guarantee, or
standby letter of credit that accompanies a bid, issued for an amount that
will be forfeited if the bidder wins the bid but then reneges.
Bill of exchange
A draft.
Bill of lading
Document
signed by a transportation company ("carrier") to show receipt of goods
for transportation from and to the points indicated. Although US law
recognizes such a thing as a non-negotiable bill of lading, international
law distinguishes bills of lading from waybills in that a bill of lading
is a title document issued to order of a "consignee," who can then
transfer title (legal ownership of the goods) by endorsement and delivery
("negotiation") of the bill of lading. Someone must present the bill of
lading at the point of delivery in order to claim the goods. A waybill is
not negotiable in this way and the transportation company will simply
deliver the goods to the consignee. A transport document issued "consigned
to order of..." is a negotiable bill of lading; one issued simply
"consigned to..." is a nonnegotiable waybill. See also "multimodal
bill of lading," "ocean
bill of lading," "port-to-port
bill of lading."
Bond
See specific types:
"advance
payment bond," "bid
bond," "performance
bond."
C&F
Abbreviation for "cost
and freight (...named port of destination)." Also CFR.
C.A.D.
Abbreviation for "cash
against documents."
CFR
Abbreviation for "cost
and freight (Named port of destination)." Also C&F.
CIF
Abbreviation for "cost,
insurance, and freight (Named port of destination)."
CIP
Abbreviation for "carriage
and insurance paid to (Named place of destination)."
CPT
Abbreviation for "carriage
paid to (Named place of destination)."
Cable for authority to
pay
Request for permission to pay a letter of credit drawing
despite discrepancies, sent electronically by the negotiating bank to the
issuing bank.
Carriage and insurance paid to (Named
place of destination)
Shipping term included in a contract of sale
(abbreviated as CIP) meaning that the seller agrees to arrange and pay for
transportation and cargo insurance over the goods to the named
destination, such costs being included in the price of the goods.
Nonetheless, all risk of loss of or damage to the goods, as well as any
additional costs due to events occurring after the time the goods have
been delivered to the carrier, is transferred from the seller to the buyer
when the goods have been delivered into the custody of the carrier.
Carriage paid to (Named place of
destination)
Shipping term included in a contract of sale
(abbreviated as CPT) meaning that the seller agrees to arrange and pay for
transportation of the goods to the named destination, such costs being
included in the price of the goods. Nonetheless, all risk of loss of or
damage to the goods, as well as any additional costs due to events
occurring after the time the goods have been delivered to the carrier, is
transferred from the seller to the buyer when the goods have been
delivered into the custody of the carrier. It is up to the buyer to
arrange cargo insurance.
Carrier
Any person who, in a
contract of transportation, undertakes to perform, or to procure at his
own responsibility the performance of, transportation by rail, road, sea,
air, inland waterway or by a combination of such modes. See "multimodal
bill of lading" for further discussion.
Case-of-need
Agent of the
exporter located in the country of the importer who is to be notified by
the presenting bank under a draft collection of any difficulties in
collecting payment. The case-of-need may be given the power to change the
collection instructions or even the draft amount, or may just be expected
to make arrangements to store the goods and locate an alternate buyer.
Whatever authority the case-of-need has should be specified in the
collection instructions letter.
Cash against documents
Term
(abbreviated as CAD) for documentary collection instructions requesting
the presenting bank to deliver documents only upon receipt of payment from
the drawee/importer. Synonymous with "documents against payment."
Clean bill of lading
Bill of
lading that bears no clause or notation which expressly declares a
defective condition of the goods and/or the packaging.
Clean draft
Draft which is
not accompanied by documents.
Clean letter of credit
Letter
of credit that calls for presentation of nothing more than a draft to
trigger payment. The term is sometimes used (incorrectly) to mean "standby
letter of credit."
Collecting bank
Any bank other
than the remitting bank involved in the collection of a draft and/or
documents.
Combined transport
See
"multimodal
bill of lading."
Commercial letter of credit
Letter of credit intended to act as the vehicle of payment for goods
sold by one party to another.
Commercial risk
Risk that the
buyer of goods cannot or will not pay the seller when payment is due.
Confirmed letter of
credit
Letter of credit to which the advising bank has added its
own, independent undertaking to honor presentation of the required
documents, i.e., pay the beneficiary at sight or at maturity, as
specified by the L/C. See also "silent
confirmation."
Confirming bank
Bank that has
added its confirmation to a letter of credit. This term is also sometimes
used loosely to refer to a bank that has issued a commitment to purchase
letter of credit documents without recourse, a practice called "silent
confirmation."
Consignee
Party into whose
possession goods are to be delivered. See also "bill of
lading."
Consignment
Term of sale
wherein a seller delivers goods to the buyer but retains legal ownership
of the goods until they are re-sold by the buyer. The buyer is responsible
for remitting payment to the seller at time of re-sale to the end-buyer.
Contract guarantee
See
"ancillary
guarantee."
Contract risk
Risk that the
buyer of goods will renege on the contract (as opposed to simply being
unable to pay).
Cost and freight (Named port of
destination)
Shipping term included in a contract of sale
(abbreviated as CFR or C&F) meaning that the seller agrees to take
full responsibility for delivering the goods to the port of loading, clear
the goods for export, and arrange and pay for transportation of the goods
to the named port of discharge, such costs being included in the price of
the goods. Nonetheless, all risk of loss of or damage to the goods, as
well as any additional costs due to events occurring after the time the
goods have been delivered on board the vessel, is transferred from the
seller to the buyer when the goods pass the ship’s rail at the port of
loading. It is up to the buyer to arrange marine insurance for the ocean
voyage and transportation from the port of discharge.
Cost, insurance and freight (Named
port of destination)
Shipping term included in a contract of sale
(abbreviated as CIF) meaning that the seller agrees to take full
responsibility for delivering the goods to the port of loading, clear the
goods for export, and arrange and pay for transportation and marine
insurance over the goods to the named port of discharge, such costs being
included in the price of the goods. Nonetheless, all risk of loss of or
damage to the goods, as well as any additional costs due to events
occurring after the time the goods have been delivered on board the
vessel, is transferred from the seller to the buyer when the goods pass
the ship’s rail at the port of loading. It is up to the buyer to arrange
transportation from the port of discharge.
Country risk
Risk incurred by
a seller of goods that a buyer in a different country will not be able to
pay for the goods due to political or economic conditions in his country.
The two components of country risk are "political
risk" and "transfer
risk."
Credit insurance
Insurance
against losses due to inability or failure of the insured’s customers to
pay for goods sold by the insured. The insurance normally covers a
specified percentage of each loss beyond a deductible indicated in the
policy. Insurance is available covering a variety of risks, e.g.,
political and transfer risks ("country risks") and financial risks (called
"commercial risks"). Even "comprehensive" insurance, however, will not
cover non-payment for contract disputes.
Credit risk
Risk incurred by a
seller of goods that the buyer cannot or will not pay for them. See
also "commercial
risk," "contract
risk," "financing
risk," "political
risk," "transfer
risk."
Cumulative revolving letter of
credit
Revolving letter of credit that permits the seller to carry
over any amounts not drawn into successive periods.
D/A
Abbreviation
for "documents
against acceptance."
D/P
Abbreviation for "documents
against payment."
Days of grace
The number of days the acceptor
of a draft may go past due before being judged in default and triggering
any guarantor to pay on the acceptor’s behalf. When an avalized draft is
sold to a forfaiter, the forfaiter will impute the days of grace into the
financing period.
Deferred payment
Payment a set period of time
after shipment or presentation of shipping documents, as opposed to
immediately or "at sight." A distinction is drawn between a letter of
credit that is available for deferred payment and one that is available
for acceptance of time drafts in that no drafts are involved under a
deferred payment L/C. Without accepted drafts, the beneficiary’s ability
to sell, or "discount," his right to payment to a lender or investor is
restricted.
Deferred reimbursement
Arrangement under a
letter of credit where the issuing bank agrees up front with its customer,
the applicant, to pay the beneficiary upon presentation of the documents
required in the L/C but to defer charging the applicant until a later
date, thereby financing the purchase of goods under the L/C, usually for
the expected amount of time the applicant needs in order to re-sell the
goods.
Demand guarantee
Type of guarantee that is
payable immediately upon presentation of documents specified, without
inquiry as to the validity of the documents or into compliance with the
underlying contract, as opposed to an "ancillary guarantee." Also called
an "independent guarantee." Although there are separate rules of practice
for demand guarantees and letters of credit, they are both considered
letters of credit under US law.
Direct collection
Service for handling export
draft collections in which the exporter’s bank provides him with forms
that bear the bank’s own letterhead for mailing documents to the buyer’s
bank for collection. To the buyer’s bank, it will appear that the
documents were sent from the exporter’s bank, but time and expense are
saved by bypassing unnecessary processing at the exporter’s bank.
Discrepancies
In the context of letters of
credit, term used to describe deviations between documents presented and
requirements set in the letter of credit or inconsistencies among the
documents themselves.
Dishonor
Failure or refusal by the drawee to
accept a draft presented for acceptance or to pay a draft presented for
payment.
Documentary credit
Synonymous with "letter
of credit."
Documentary draft collection
Process for
collecting payment in a sale of goods wherein a legal demand for payment
from the buyer is made by a bank acting as collecting agent for the
seller. Demand is made by presenting a draft. The collecting bank is also
entrusted with documents to deliver in accordance with accompanying
instructions, usually once the draft is either paid or accepted. These
documents are generally needed by the buyer to show title to the goods
and/or to clear customs.
Documentary letter of credit
Term sometimes
used (incorrectly) to refer to commercial letters of credit¾ the term is redundant in that all letters of credit
are documentary. See "letter
of credit" and "commercial
letter of credit."
Documents against acceptance
Term for
documentary draft collection instructions requesting the presenting bank
to deliver documents only upon acceptance of the draft by the
drawee/importer. See also "acceptance."
Documents against payment
Term for documentary
collection instructions requesting the presenting bank to deliver
documents only upon receipt of payment from the drawee/importer.
Synonymous with "cash against documents."
Draft
Written demand for payment of a
specified amount addressed to a named party, called the "drawee," and
signed by the "drawer." A draft may demand payment immediately upon
presentation ("at sight") or on a specified maturity date and must also
specify a party to be paid (the "payee"). Most drafts are "negotiable,"
meaning the payee’s right to payment can be transferred by the payee to
another party by endorsement and delivery of the draft.
Draft collection
Process for collecting payment
in a sale of goods wherein a legal demand for payment from the buyer is
made by a bank acting as collecting agent for the seller. Demand is made
by presenting a draft. See also "draft"
and "documentary
draft collection."
Drawee
Party to whom a draft is addressed and
from whom payment is demanded, or, in a documentary collection with no
draft, party from whom payment is requested in exchange for delivery of
documents.
EMC
Abbreviation for "export
management consultant."
ETC
Abbreviation for "export
trading company."
EXW
Abbreviation for "ex
works (Named place)."
Evergreen letter of credit
Letter of credit
with an initial expiration date but containing a clause that states that
it will be automatically extended for additional periods unless the
issuing bank provides notice to the beneficiary stating otherwise.
Ex factory
Synonymous with "ex
works."
Ex works (Named place)
Shipping term included
in a contract of sale (abbreviated as EXW) meaning that the seller
fulfills his obligation to deliver when he has made the goods available at
his premises (i.e., works, factory, warehouse, etc.) to the
buyer. In particular, he is not responsible for loading the goods for
export, unless otherwise agreed. The buyer bears all costs and risks
involved in taking the goods from the seller’s premises to the desired
destination.
Expiry date
Last date on which documents may
be presented or corrected in order to comply with a letter of credit.
Presentation must be made to the bank indicated in the L/C.
Export letter of credit
Term used by an
exporter to describe a commercial letter of credit in his favor or by a
bank to describe a letter of credit issued by a bank other than itself.
The same L/C will be called an "import letter of credit" by the importer
and the issuing bank.
Export management consultant
Individual or
company that assists other companies in identifying potential foreign
markets for their goods, often named as a sales agent or representative of
the company being served and paid a commission for each sale.
Export trading company
Company that buys and
sells goods with the objective of taking advantage of market opportunities
around the world.
FCA
Abbreviation for "free
carrier (Named place)."
FCR
Abbreviation for "forwarder’s
cargo receipt."
FOB
Abbreviation for "free
on board (Named port of shipment)."
Factoring
Service of assuming the credit risk
of another party’s sales, generally including collecting payment when due.
Factors often provide or arrange limited-recourse financing against the
accounts receivable they are guaranteeing, referred to as "purchasing
receivables."
Fed Funds rate
Interest rate at which banks in
the United States lend each other dollars for next-day repayment
("overnight loans").
Financing risk
Term used to describe the
increasing uncertainty that the buyer of goods will have the capacity to
pay when payment is due the longer the time period he is given to make
payment.
Forfait
Purchase of negotiable instruments,
most often avalized drafts, without recourse. The forfaiter assumes the
credit risk of being able to collect payment when due.
Forwarder’s cargo receipt
Document issued by a
freight forwarder or freight consolidator indicating goods have been
received from the seller and are being held at the disposal of the buyer.
Goods are generally received in the seller’s country and the
forwarder/consolidator will arrange shipment, and possibly consolidation
with other goods, to the buyer according to the buyer’s instructions.
Free carrier (Named place)
Shipping term
included in a contract of sale (abbreviated as FCA) meaning that the
seller fulfills his obligation to deliver when he has handed over the
goods, cleared for export, into the charge of the carrier, freight
consolidator, or freight forwarder named by the buyer at the named place
or point.
Free on board (Named port of shipment)
Shipping term included in a contract of sale (abbreviated as FOB)
meaning that the seller fulfills his obligation to deliver when the goods
have passed over the ship’s rail at the named port of shipment, all costs
of inland transportation and loading being included in the price of the
goods. The buyer has to bear all costs and risks of loss of or damage to
the goods from that point.
Freely negotiable letter of credit
Letter of
credit that indicates it is "available with any bank by negotiation." By
including this wording, the issuing bank authorizes the beneficiary to
present documents to the bank of his choice for examination and collection
of payment.
Freight forwarder
Company that, as an agent
for the shipper, arranges transportation for goods. Many freight
forwarders offer additional services such as preparing export
documentation, arranging for goods to be packed into shipping containers,
arranging for goods to clear customs, etc.
Full set
All signed originals of a document.
For example, bills of lading are often issued in three originals, all
having the same validity for claiming goods at the place of delivery.
Grace period
See "days
of grace."
Import letter of credit
Term
used by an importer to describe a commercial letter of credit he has asked
a bank to issue or by a bank to describe a letter of credit it has issued.
The same L/C will be called an "export letter of credit" by the exporter
and all other banks.
Independent guarantee
Synonymous with "demand
guarantee."
Installment letter of credit
Letter of credit
calling for multiple shipments within specified date ranges.
Insurance
see "credit
insurance" and "marine
cargo insurance."
Irrevocable letter of credit
Letter of credit
that cannot be amended or canceled without agreement of both the
beneficiary and the issuing bank. Any letter of credit subject to the
UCP500 or to US law is irrevocable unless it specifies otherwise.
Issuing bank
Bank that has issued a letter of
credit. The issuing bank is obligated to pay if documents are presented
that comply with the L/C requirements.
Letter of credit
Undertaking,
usually on the part of a bank and at the request of one of the bank’s
customers, to pay a named beneficiary a specified amount of money (or to
deliver an item of value) if the beneficiary presents documents in
accordance with the terms and conditions specified in the letter of
credit.
Letter of guarantee
Undertaking, usually on
the part of a bank, either to fulfill the obligations of another party
(see "ancillary
guarantee") or to pay a specified amount of money upon presentation of
specified documents stating that the party being guaranteed has defaulted
on certain obligations (see "demand
guarantee"). One must be careful to discern which type of guarantee
one is dealing with as they both require presentation of documents but
work very differently thereafter.
LIBOR
Acronym for the London Interbank Offered
Rate. The interest rate at which banks in London place
Eurocurrency/Eurodollar deposits with each other for specified, fixed
periods of time, most commonly six months.
Marine cargo insurance
Insurance
covering loss of or damage to goods in the course of international
transportation. The term is anachronistic in that such insurance is used
for air and land transportation as well as ocean transportation, but many
of the concepts are based on perils of the sea.
Marine bill of lading
Synonymous with "ocean
bill of lading."
Multimodal bill of lading
Bill of lading
covering shipment of goods by more than one means of transportation but
including an ocean leg. The two major forms of multimodal bill of lading
are the combined transport bill of lading and the through bill of lading.
Under the former, the carrier signing the bill of lading (the "contractual
carrier") frequently subcontracts the various legs to other carriers (the
"actual carriers"), but still takes responsibility for delivery of the
goods to the "place of delivery" and for any damage that might occur
during carriage. Under the latter, the carrier takes responsibility for
the goods only up to a specified point (still called the "place of
delivery") and then passes responsibility to a second carrier for
"on-carriage" to the "final destination."
Multimodal transport
Shipment of goods by more
than one means of transportation but including an ocean leg (see
"multimodal
bill of lading").
Negotiable
Quality belonging to
a document of being able to transfer ownership of money, goods, or other
items of value specified in the document by endorsement and/or delivery of
the document. Checks, drafts, promissory notes, bonds, stock certificates,
bills of lading, and warehouse receipts are examples of documents often
issued in negotiable form.
Negotiate
To "buy" documents representing
ownership of money, goods, or other items of value. The seller is also
said to "negotiate to" the buyer. Unless otherwise agreed between the
buyer and seller (e.g., by negotiating "without recourse"), the
seller continues to be fully responsible for the enforceability of the
documents. A bank that negotiates documents under a letter of credit
advances funds to the presenter before submitting the documents to the
issuing bank for payment.
Negotiating bank
Bank to which letter of
credit documents are presented by the beneficiary for collection of
payment. The name derives from the fact that the negotiating bank is
normally authorized by the issuing bank to negotiate documents (see
"negotiate"),
but it may or may not choose actually to do so. Furthermore, recognizing
that this bank may be authorized to pay or accept drafts, rather than
negotiate them, UCP500 now uses the term "nominated bank" rather than
"negotiating bank." Unless otherwise instructed, negotiating banks in
North America generally examine the documents for discrepancies before
forwarding them to the issuing bank, but this is properly viewed as a
service separate from negotiating and is not even necessary when
negotiating with recourse.
Non-cumulative revolving letter of credit
Revolving letter of credit that does not permit the seller to carry
over any amounts not drawn upon in previous periods.
Notify party
Party to be notified by the
carrier of arrival of the goods at their destination. Normally the notify
party is the importer and/or the importer’s agent for clearing goods
through customs.
Ocean bill of lading
Bill of
lading including shipment on an ocean vessel, also called a "marine bill
of lading." Although port-to-port, multimodal, and charter party bills of
lading are all ocean bills of lading, many banks persist in issuing
letters of credit that call simply for ocean bills of lading and then
applying the requirements for port-to-port bills of lading. See
also "bill of
lading," "port-to-port
bill of lading," "multimodal
bill of lading."
Performance bond
Bond issued at
the request of one party to a contract in favor of the other party to the
contract to protect the other party against loss in the event of default
on the contract by the requesting party. The bonding agent may undertake
to fulfill the contract or may simply undertake to pay a specific amount
in monetary damages. A standby letter of credit or demand guarantee is
often used as a performance bond with the latter characteristics.
Political risk
Risk in a sale of goods that
the government in the buyer’s country may take some action that prevents
the buyer from paying. This covers possibilities such as the imposition of
foreign exchange controls and expropriation as well as nonpayment due to
war or insurrections.
Port-to-port bill of lading
Bill of lading
covering shipment by ocean only. The shipper/seller is responsible for
transporting the goods to the port of loading and the buyer for picking
the goods up at the port of discharge. Multimodal, rather than
port-to-port, bills of lading should generally be used for containerized
shipments and other shipments where the place of receipt and/or the place
of delivery is inland.
Pre-export financing
Specific form of working
capital lending in which the borrower is given funds needed to obtain or
manufacture goods that have been ordered by a buyer in another country. As
such financing is normally earmarked to individual sales, documentation of
each sale must be provided to the lender, often in the form of a letter of
credit with proceeds assigned to the lender. Generally only a percentage
of the sale value is lent.
Presenting bank
In a draft collection
transaction, the bank that contacts the drawee, generally the buyer of
goods, for acceptance and/or payment.
Principal
Party entrusting a draft and/or
documents to a bank for collection of payment, generally the seller of
goods.
Progress payment
One in a series of payments
made at stages in the performance of a contract of sale, e.g., up
front to obtain materials, after completion of manufacturing, upon
shipment, upon installation, and upon final inspection.
Protest
In a draft collection transaction, the
formal legal process of registering that payment or acceptance of the
draft has been demanded but the drawee has refused to pay or accept the
draft.
Reimbursing bank
In a letter of
credit transaction, the bank with which the issuing bank maintains an
account and which is authorized by the issuing bank to charge that account
to pay claims received from the negotiating bank for documents that have
been presented.
Remitting bank
In a draft collection
transaction, the first bank in the chain of collection, i.e., the
principal’s or seller’s bank.
Retention of title
Legal arrangement
under which a seller of goods delivers these goods "on consignment" into
someone’s custody but ownership remains with the seller until he is paid.
Retention of title allows the seller to repossess the goods whenever
desired and to establish a claim against the custodian if the goods are
sold or used without being paid for.
Revocable letter of credit
Letter of credit
that can be amended or canceled at any time without notice to or consent
of the beneficiary. A letter of credit that is subject to the UCP500 or to
US law is revocable only if it clearly specifies so.
Revolving letter of credit
Letter of credit
that reverts to its original amount at specified intervals, e.g.,
monthly, thereby preventing drawing too much in any one period. See
also "cumulative
revolving letter of credit" and "non-cumulative
revolving letter of credit."
Shipper’s indemnity
Indemnity
given by the beneficiary of a letter of credit to the negotiating bank to
induce payment despite any discrepancies that may exist in the
documents.
Shipping terms
That part of a contract of sale
that specifies who, between the buyer and the seller, is responsible for
each aspect of shipping the goods, e.g., for packing, arranging and
paying for transportation and insurance, clearing customs, etc.
Sight
Time of presentation, as in a draft
payable "at sight" or "90 days after sight."
Sight draft
Draft that demands payment "at
sight," or immediately, as opposed to a time draft, which may be payable
"90 days after sight" or "30 days after bill of lading date."
Silent confirmation
Term used for a bank’s
commitment to negotiate (i.e., purchase) documents under a letter
of credit without recourse at a future date. A silent confirmation is not
a confirmation in the true sense, and will not use the word "confirm," but
is rather an equivalent form of protection for the beneficiary. The bank
will require that the letter of credit be negotiable or payable by itself
in order to be able to establish holder-in-due-course rights equivalent to
those of a confirming bank.
Standby letter of credit
As opposed to a
commercial letter of credit, a letter of credit that does not cover the
direct purchase of merchandise, so called because it is often intended to
be drawn on only when the applicant for whom it is issued fails to perform
an obligation. There is, nonetheless, a type of standby letter of credit
that is intended to be drawn on, referred to as a "direct pay letter of
credit." Standby letters of credit are based on the underlying principle
of letters of credit that payment is made against presentation of
documents¾ whatever documents the applicant,
beneficiary, and issuing bank may agree to, not necessarily documents
showing shipment of goods.
Supplier financing
Arrangement where the
seller/supplier of goods allows the buyer an extended period of time after
shipment to pay for the goods.
Tenor
Time at which a draft
indicates it is payable, e.g., "at sight," "60 days after the bill
of lading date," or "on May 31, 2001."
Time draft
Draft that demands payment at a
specified future date rather than immediately upon presentation.
Trade terms
Synonymous with "shipping
terms."
Transfer risk
Risk incurred by the seller of
goods that, due to the fact that his country has a negative balance of
payments, no foreign exchange (US dollars or other "hard" currency) may be
available to the buyer when he is ready to pay for the goods.
Transferable letter of credit
Type of letter
of credit that names a middleman as beneficiary and allows him to give
another party, the actual supplier, certain rights to present documents
and receive payment under the letter of credit. Transfer must be effected
by a bank authorized to do so by the issuing bank and involves notifying
the transferee (called the "second beneficiary") of what documents he must
present. The documents must be the same as those required in the letter of
credit itself but the price of the goods may be reduced and the
middleman’s name may be required to be listed in the transferee’s invoices
as the buyer, thereby allowing the middleman to substitute invoices at a
higher price and receive the difference without disclosing the name of the
actual end-buyer. The transferring bank is not obligated to pay documents
presented under the transfer¾ such obligation
remains with the issuing bank.
UCC
Abbreviation for "Uniform
Commercial Code."
UCP
Abbreviation for "Uniform
Customs and Practice for Documentary Credits." The 1993 revision is
referred to as "UCP500" as it is publication number 500 of the
International Chamber of Commerce.
Unconfirmed letter of credit
Letter of credit
that has not been confirmed (see "confirmed
letter of credit").
Uniform Commercial Code
United States statute
covering the rights and obligations of the various parties involved in the
purchase and sale of goods. The UCC includes coverage of drafts and other
negotiable instruments, documents of title, transfers of funds between
banks, and security interests in assets as well as draft collections (in
Article 4) and letters of credit (in Article 5).
Uniform Customs and Practice for Documentary
Credits
International standards of letter of credit practice
established for bankers by the International Chamber of Commerce.
Historically, the UCP has been revised about every ten years to keep up
with changing practice, the most recent revision, UCP500, having been
completed in 1993. Although the UCP defines rights and obligations of the
various parties in a letter of credit transaction, it is not law and any
given letter of credit is subject to the UCP only to the extent indicated
in the letter of credit itself.
Uniform Rules for Collections
International
standards of draft collection practice established for bankers by the
International Chamber of Commerce. The Uniform Rules are not law but are
more properly viewed as a handbook for banks used to establish common
understanding of terminology and expectations.
Without recourse
Negotiation of
a draft, or other negotiable instrument, or letter of credit documents
without the normal warranty on the part of the seller of the
instrument/documents that the obligor named in the instrument (the
"drawee," "payor," or "maker") will pay. Although the seller is still
responsible for the genuineness of the instrument and documents, the
purchaser takes on the credit risk of being able to collect payment from
the obligor when due. Unless negotiation is without recourse, the
purchaser of the instrument/documents has the right to recover the face
amount from the seller if the obligor fails or refuses to pay for any
reason.