Acceptance
An undertaking or
promise, by the party on whom a draft is drawn (i.e., the drawee), to
pay a draft on a specified maturity date. This undertaking is conveyed
by marking the draft Accepted and having it signed by one or more duly
authorized individuals who represent the drawee. Acceptances created by
banks are known as Bankers Acceptances while acceptances created by
commercial firms are generally known as Trade Acceptances.
Acceptance Draft
A time draft which has been accepted, thereby bearing the unconditional
obligation of the party which has accepted to pay the draft at maturity.
Accepting Bank
The bank upon which a draft is drawn and which "accepts" the draft.
Account Currency
The currency an
account is recorded in.
Advice
A written
confirmation of a service performed, funds transferred, or a payment
received or made.
Advising Bank
A correspondent of
the issuing bank that notifies the beneficiary of a letter of credit
without adding its engagement to that of the issuing bank. Advising
banks perform the following functions: (a) they verify the authenticity
of the letter of credit message (b) they authenticate and pass along to
the beneficiary all subsequent amendments under the credit (c) they
serve as a local contact point through whom the beneficiary may
communicate with the opening bank. Advising a letter of credit, however,
does not engage the bank in any of the undertakings expressed in the
letter of credit.
Advising Letter
A covering letter
sent by the advising bank when forwarding a letter of credit to a
beneficiary. The purpose of the advising letter is to set forth any
special instructions or information which the advising bank wishes to
communicate to the beneficiary.
Air Waybill
A non-negotiable contract of carriage for air transportation between an
air carrier and a shipper, or an air carrier and an air freight
forwarder.
Amendment
Any change to a
letter of credit transaction. To become effective, an LC amendment must
be approved by all parties who have a credit interest in the transaction
(i.e., the issuing bank, the applicant, the beneficiary and the
confirming/accepting bank(s), if any). Approval of amendment by the
advising bank generally is not required.
Applicant
The credit party in
a letter of credit transaction. The applicant is the individual or
company who assumes the ultimate liability for making payment of the LC.
Although the Applicant and Account Party of a LC transaction may be one
and the same entity, this is not always the case. For example, a parent
company may assume the credit risk for LCs issued on behalf of a
subsidiary company. In this case, the parent company would be the
Applicant while the subsidiary would be the Account Party (and shown as
such on the LC instrument)
Application
The agreement between the Applicant and the issuing Bank describing the
terms and conditions to be included in the Letter of Credit and the
arrangements for the Applicant to reimburse the Issuing Bank.
Assignment of
Proceeds
Agreement of the Beneficiary to pay all or a portion of the proceeds of
a drawing under a Letter of Credit to a third party (Assignee) to be
acknowledged by the Paying Bank.
At Sight
A payment term which
signifies payment at first presentation or on demand (i.e., immediate
payment)
Authority to Pay
A form of a Revocable Letter of Credit whose terms usually require
drafts be drawn on a bank in the Beneficiary's country.
Authorization
Approval given to
complete a transaction or pay funds.
Automatic
Extension Clause
A provision in the Letter of Credit which allows the expiration date to
automatically extend for an additional period of time without requiring
an amendment (also known as an Evergreen Clause).
Aval
A third party
guarantee of payment on a bill or note. Avals are similar to acceptances
in that the guarantee to pay is denoted on the face of (or as an
attachment to) the instrument. Unlike acceptances, however, the party
which avals the instrument is called upon to make payment only in the
event that the original obligor fails to honor its commitment to pay.
Avals generally are used in the forfait market, which provides financing
for medium and long term trade transactions.
Back-to-Back LCs
A back-to-back LC
transaction involves two separate letters of credit: (a) an original LC,
opened by a buyer (using his line of credit with his issuing bank) in
favor of a beneficiary who is not the real supplier of the goods; and
(b) a second LC, opened by the beneficiary of the first LC (also using
his own line of credit with his issuing bank) in favor of the party who
will actually supply the merchandise. While the two LCs may be
transactional linked, from a credit perspective they are unrelated.
Back-to-back LCs, therefore, are not subject to the same rules and
limitations of transferable letters of credit. And, therein lies both
the strength and risk of this type of transaction. On the one hand, it
allows greater flexibility in structuring the second (or the back-up) LC
almost any element may be changed, including adding (or deleting)
documents, special conditions or other terms as required under the
original credit. On the other hand, a poorly constructed back-to-back
transaction may leave gaps or loopholes so that the original beneficiary
may be required to make payment under the original letter of credit.
Because of the perceived risk of this type instrument, back-to-back LCs
are not frequently used in the United States. They, however, are quite
prevalent in Asia, where the practice has been developed into an art
form.
Bank Draft
A draft drawn by a
bank against its own funds deposited with another bank.
Bankers
Acceptance
A time draft drawn
on a bank and accepted by that bank. A bankers acceptance represents the
accepting banks obligation to effect payment for the draft on the
specified maturity date. This undertaking is conveyed by marking or
stamping the draft Accepted and having the acceptance mark signed by one
of more duly authorized individuals who represent the accepting bank.
Beneficiary
The party in whose
favor a letter of credit is issued. The beneficiary is generally the
seller (or exporter) in a letter of credit transaction.
Bill of Exchange
Another term for
Draft. A draft or bill of exchange is a demand for payment, issued by
the party demanding payment (the drawer or the maker) and drawn on the
party who is to make the payment (the drawee). The most commonly used
form of drafts or bills of exchange are checks drawn against ordinary
checking accounts.
Bill of Lading
A document issued by
a carrier that governs the shipment of goods from one point to another.
Bills of lading convey a variety of instructions about the shipment,
ranging from a description and quantification of the goods being
shipped, to the routing of the shipment (defining the points of origin,
destination or place of transshipment, if any), to the name, address and
local telephone numbers of the consignee and/or notify parties. The most
important function, however, that a bill of lading performs is to
transfer title of the goods. In order for the goods to be retrieved, the
consignee (or, in the case of negotiable bills of lading, the bona fide
holder of the bill of lading) must surrender at least one original to
the carrier. Without an original bill of lading, the goods will not be
released. The carrier stores unreleased cargo in a warehouse, accruing
fees commonly referred to as demurrage charges.
1.) Receipt for the goods delivered to the carrier for shipment.
2.) Contract of carriage of the goods from the place of receipt to
the place of delivery listed in the bill of lading.
3.) Evidence of title to the goods.
Bill of Lading,
Charter Party
A bill of lading issued under a charter party (see Charter Party).
It is not acceptable under a Letter of Credit unless specifically
authorized in the Letter of Credit.
Bill of Lading, Clean
A bill of lading which bears no
clause or notation which expressly declares a defective condition of the
goods and/or the packaging.
Bill of Lading, Consolidator's
A bill of lading issued by a forwarder/consolidator to a shipper as
a receipt for merchandise to be consolidated with cargo obtained from
other exporters and shipped to the forwarder's agent at the port of
destination.
Bill of Lading, Forwarder's
A bill of lading issued by a forwarder (see Freight Forwarder) to a
shipper, as receipt of merchandise that the forwarder will ship to its
agent at the port of destination.
Bill of Lading, Marine
A bill of lading evidencing carriage by sea - a port-to-port
shipment. Unless otherwise stipulated in the credit it must appear
on its face to indicate the name of the carrier and to have been signed
or otherwise authenticated; indicate that the goods have been
dispatched, taken in charge or loaded on board; indicate the place of
taking in charge stipulated in the credit; appear to contain the terms
and conditions of carriage; contain no indication that it is subject to
a charter party and/or no indication that the carrying vessel is
propelled by sail only.
Bill of Lading, Negotiable
A bill of lading wherein the consignee's name is preceded by the
words "to order," allowing the consignee to endorse the bill of lading
to another party and transfer title to the goods.
Bill of Lading, On Board
A bill of lading indicating that the goods have been loaded "on
board" a specified vessel.
Bill of Lading, Received for Shipment
A bill of lading acknowledging the receipt of goods by a carrier for
shipment. It is no acceptable under a Letter of Credit requiring a
Marine Bill of Lading unless specifically authorized in the Letter of
Credit, or unless an "On Board" notation ha been dated by the carrier or
its agent.
Bill of Lading, Straight
A non-negotiable bill of lading whereby the consignee named in the
bill holds title to the goods. The bill of lading cannot be
endorsed by one party to another.
Bill of Lading, Through
A bill of lading that covers transportation by more than one carrier
from the point of taking charge of the goods to the final destination.
Collection
A payment vehicle
whereby a draft (frequently with shipping or other commercial documents
attached) is presented for payment through the banking channels. Unlike
letters of credit, banks involved in the collection process do not
engage in any obligation to effect payment for collection items. Their
role is simply to pass along information and instructions between the
buyer and the seller while safekeeping the commercial documents until
such time as the item is settled (i.e., paid or, in the case of time
items, that the draft, promissory note or other undertaking is accepted
for payment on a future date). Collections can take a variety of forms,
as follows:
-
Clean collections, where only a draft is presented for
payment.
-
Import collections, where a draft and shipping documents
are presented to the buyer for payment of imported goods.
-
Regular export collections, where the exporter presents
a draft and shipping documents to his bank for collection. In this
instance, the exporter’s bank (sometimes referred to as the Remitting
Bank) completes a collection letter, attaches the commercial documents
and sends off the entire package to the designated collecting bank.
The collecting bank is either the buyer’s bank or a correspondent of
the remitting bank.
-
Direct export collections, where the exporter himself
completes the collection letter, attaches the commercial documents and
sends off the entire package to the designated collecting bank. A copy
of the collection letter is sent by the exporter to his bank, both to
record the item and to perform all necessary follow-up steps (i.e.,
send tracers, effect payment). The advantage this process offers is
that it accelerates both the presentation of the collection item to
the collecting bank and, as a result, the payment to the exporter as
well.
Confirming Bank
In letters of
credit, a bank that adds its own engagement to that of the issuing bank.
By confirming an LC, a bank undertakes to honor the commitments and
obligations expressed in the letter of credit, including ultimate
payment. Since confirmation represents a use of credit, banks charge a
fee for this service, commonly known as the confirmation commission. It
is important to note that a confirmation to a letter of credit can only
be applied upon the specific instructions of the issuing banks.
Confirmations cannot originate as special or side agreements between the
LC beneficiary and the advising bank. Although attempts are sometimes
made to do the latter (frequently known as Silent Confirmations), such
arrangements are not true confirmations since they have not been
effected under the authority of the issuing bank.
Correspondent
Bank
A bank that provides
operating or credit services to another bank. Correspondent banks can be
both domestic and foreign. Generally, the correspondent bank provides
some kind of service which the originating bank, because it does not
maintain a physical presence in that location, cannot offer.
Currency
The circulating
money accepted as a medium of exchange for all payment of debts within a
country.
Documentary
Credit
A financial
instrument, generally issued by a bank, in which the issuer undertakes
to effect payment against the presentation of documents that conform to
the terms and conditions stipulated in the credit document. There are
two types of documentary credits, commercial letters of credit (i.e.,
import or export LCs) and standby letters of credit.
Draft
A demand for
payment, issued by the party demanding payment (the drawer or the maker)
and drawn on the party who is to make the payment (the drawee). Drafts
may be issued at sight, denoting immediate payment or for payment on a
future date (often for a specified number of days following the date on
which some event took place, say for example, after the shipment of
goods). Drafts issued for future payment are frequently referred to as
time drafts.
Drawee
The party upon which
a draft is drawn. The drawee is the party who is being called upon to
make the payment.
Drawer
The party which
issues (or makes) the draft. The Drawer is the party who is claiming the
payment.
Electronic Data
Interchange (EDI)
Any electronic
transfer of data or information using pre-defined message formats. EDI
facilities data exchange by standardizing what and how much information
is conveyed in a message.
Expire At
The place or
location where a Letter of Credit expires. This is generally expressed
as a city or country (for example, New York, or in the United States) or
as a specific location (i.e., at our counter).
Expire Date
The date on which a
letter of credit expires.
Field
An area within a
computer screen which displays or allows for the entry of data. Within
formatted documents like SWIFT messages, an area which contains specific
data elements.
Financial
Guarantee
Any undertaking
which promises to pay an amount of funds upon the presentation of a
claim or some other defined event (usually a financial default on the
part of the entity for whom guarantee was issued).
Guarantor
An individual or
entity who undertakes to fulfill the commitments or obligations of some
other individual or entity. Depending upon the nature of the guarantee,
the guarantor may be called upon to complete the actions of the party
for whose account the guarantee was issued. Or, in a financial
guarantee, to effect payment upon the default of the account party.
Irrevocable LC
An LC that, once
issued, cannot be altered or canceled without the agreement al all
parties who have a credit interest in the transaction. These parties
typically consist of the issuing bank, the applicant, the beneficiary
and the accepting/confirming banks.
Letter of Credit
(LC)
A financial
instrument, issued by a bank, in which the issuer undertakes to effect
payment against the presentation of documents that conform to the terms
and conditions stipulated in the credit document. There are two types of
documentary credits, commercial letters of credit (i.e., import/export
LCs) and standby letters of credit.
Negotiating Bank
In letters of
credit, a bank that takes up the documents from the LC beneficiary and,
in exchange, gives value to the beneficiary for those documents. In
simpler terms, the negotiating bank purchase (i.e., takes up) letter of
credit documents from the LC beneficiary, paying the beneficiary (i.e.,
gives value) either at a discount from the face value of the documents
or against the payment of fees.
Password Screen
A security screen at
which the user must enter his ID Number and Password. The user cannot
access any functions without successfully completing this screen.
Reference Number
A unique
identification number given to a specific transaction.
Sell Rate
The rate at which a
bank will sell a currency.
SWIFT
Society for
Worldwide Interbank Financial Telecommunication. An organization
designed to facilitate the exchange of payment or other financial
transaction messages to financial institutions around the world. SWIFT
is essentially a communications network which uses formatted message
types to quickly and efficiently transmit information to banks
worldwide.
Tenor
Designates the time
when payment of a draft is due. Tenors range from sight (immediate) to
time (for future payments).
UCC
Uniform Commercial
Code. These are set of standardized laws, adopted by the various states
within the United States, governing financial contracts.
UCP
Uniform Customs and Practice for Documentary Credits
eUCP
Supplement to the UCP for Electronic Presentation
Value Date
In transfer of funds
transactions, the date upon which a payment is to be effected.
Wire Transfer
The payment of funds
by wire, cable, telex, SWIFT, or other electronic means.