Professional Documents
Culture Documents
A. IMPORT TRANSACTIONS -
1. DIRECT PAYMENT AGAINST IMPORT
2. ADVANCE PAYMENT AGAINST IMPORT
3. DOCUMENT AGAINST PAYMENT
4. IMPORT LC
5. BUYERS CREDIT
6. SUPPLIERS CREDIT
B. EXPORT TRANSACTIONS -
1. DIRECT PAYMENT AGAINST EXPORT
2. ADVANCE PAYMENT AGAINST EXPORT
3. DOCUMENT AGAINST PAYMENT
4. EXPORT LC
5. EXPORT DISCOUNTING TRANSACTIONS
6. EXPORT FINANCE - EBRD
C. INLAND TRANSACTIONS
1. INLAND BUY TRANSACTIONS
2. INLAND SELL TRANSACTIONS
3. INLAND LC TRANSACTIONS
4. INLAND DISCOUNTING TRANSACTIONS
D. BANK GUARANTEE
1. DOMESTIC BANK GUARANTEE
2. FOREIGN BANK GUARANTEE
E. PROJECT FINANCE
1. FDI
2. FII
F. FOREIGN LOAN
1. EXTERNAL COMMERCIAL BORROWINGS
2. SYNDICATE LOAN
3. EURO CURRRENCY LOAN
G. LC TERMS
1. VARIOUS DOCUMENTS
2. UCP-600
3. URC -522
4. URR - 725
H. ANTI MONEY LAUNDERING (AML)
LC LIMIT
BG LIMIT
DISCOUNTING LIMIT
INVISIBALE TRADE
SALE OF SOFTWARE (SMT)
SALE OF SERVICES(SMT)
SOFTEX FORM (E-SOFTEX)
COUNTER TRADE
GOODS AGAINST GOODS
ESCROW ACCOUNT
MERCHANTING TRADE
A.IMPORTER COUNTRY
B.EXPORTER COUNTRY
C.TRADE FACILITATING COUNTRY
GOODS NOT TO ENTER DTA OF C
NO TRANSFORMATION IN GOODS
HIGH SEA SALES
BUYER WANT TO SELL
HIS GOODS BEFORE
IT REACH TO HIM
PROJECT EXPORT
Setting up of projects overseas
The General Agreement on Tariffs and Trade (GATT) is a legal agreement as construction and/or
between many countries, whose overall purpose was to promote engineering projects
international trade by reducing or eliminating trade barriers such as tariffs or quotas. IMPORT
According to its preamble, its purpose was the "substantial reduction of tariffs ADVANCE PAYMENT AGAINST IMPORT (SMI)
and other trade barriers and the elimination of preferences, DIRECT IMPORT (MDC)
on a reciprocal and mutually advantageous basis." IMPORT BILLS FOR COLLECTION NON LC (MFC)
Signed ###### REALIZATION OF BILLS (MFCR)
Location Geneva Geneva Canton, Switzerland IMPORT DOCUMENTARY CREDIT ISSUANCE(ML
The World Trade Organization (WTO) is an intergovernmental organization DOCUMENTARY CREDIT AMMENDMENT (MLCAM
that regulates and facilitates international trade between nations.[6] IMPORT BILLS UNDER DC(MUB)
Governments use the organization to establish, revise, and enforce IMPORT BILLS UNDER DC REALIZATION(MUBR)
the rules that govern international trade.[6] It officially commenced operations EXPORT DOCUMENT DISPATCH UNDER LC AND
on 1 January 1995, pursuant to the 1994 Marrakesh Agreement, EXPORT BILL NEGOTIATION(XBN)
thus replacing the General Agreement on Tariffs and Trade (GATT) EXPORT PACKING CREDIT(EPC/PCFC)
that had been established in 1948. The WTO is the world's largest EXPORT BILL REALIZATION(XREAL)
international economic organization, with 164 member states EXPORT LC ADVISING(XLC)
representing over 96% of global trade and global GDP.[7][8][9] EXPORT LC CONFIRMATION(XLC)
REGIONAL TRADE BLOC AND AGREEMENT FOREIGN OUTWARD BANK GUARANTEE ISSUAN
A trade bloc is a type of intergovernmental agreement, often part FOREIGN OUTWARD BANK GUARANTEE AMMEN
of a regional intergovernmental organization, where barriers FOREIGN OUTWARD BANK GUARANTEE CANCE
to trade (tariffs and others) are reduced or eliminated among the participating states. FOREIGN INWARD BANK GUARANTEE ADV(FIBG
Trade blocs can be stand-alone agreements between several states INLAND
(such as the North American Free Trade Agreement) or part of LC ISSUANCE(ILC)
a regional organization (such as the European Union). Depending on the level LC AMMENDMENT(ILCAMD)
of economic integration, trade blocs can be classified as preferential trading areas, SENDING DISCRIPANCY/ACCEPTANCE(IBCLC)
free-trade areas, customs unions, common markets, or economic and monetary unions.[ BILLS UNDER LC(OBC)
MAJOR REGIONAL TRADE AGREEMENTS BILLS UNDER LC REALIZATION(OBCLR)
· ASEAN · APEC · BRICS · EU · NAFTA BILLS UNDER LC NON LC DISCOUNTING(LCBD)
· CIS · COMESA · SAARC · MERCOSUR · IOR-ARC INVOICE DISCOUNTING(OBD)
G-7 G-15 G-77 D-8 G-20 FACTORING(OBD)
International Chamber of Commerce INLAND BANK GUARANTEE ISSUANCE(DBG)
Nickname The World Business Organization INLAND BANK GUARANTEE AMMENDMENT(DBG
Formation 1919; 102 years ago FDI
Founded at Atlantic City FII
Type NGO ECB
Purpose Enable business worldwide to secure peace, prosperity and opportunity for all. FCNR
HeadquartersParis, France
HAS ITS PRIMARY OBJECTIVE FACILITATING THE FLOW OF INTERNATIONAL TRADE
AT A TIME WHEN NATIONALISM AND PROTECTIONISM POSED SERIOUS THREATS
TO THE WORLD TRADING SYSTEM
Governing bodies 1. AS AN ADVOCATE FOR POLICIES THAT BENIFITS MEMBERS
World Council IN EVERY AREA OF THE BUSINESS
Executive Board 2. ESTABLISHING RULES THAT HELPS MEMBERS
International Secretariat ACHIVE SUCH POLICIES AND ADHERE TO THEM
National Committees 3. SOLVING DISPUTES BETWEEN THEM
Finance Committee
Dispute resolution services HAS MORE THAN 6 MILLION MEMBERS
Policy and business practices
Code of Advertising and Marketing Communication Practice
World Chambers Federation 1. LC
Aims to facilitate the exchange of best practice and the development of new global products 2. BG
and services for chambers, and foster international partnerships between chambers 3.RISK
and other stakeholders to help local businesses grow. 4. BUYRS CREDIT
Training and events-CDCS ETC 5.SUPPLIERS CREDIT
ICC Publications- UCP INCOTERMS ETC 6. THIRD PARTY
ICC Commercial Crime Services 7. AMLOCK
International Maritime Bureau 8. INSURANCE
Financial Investigation Bureau 9. FOREIGN LOAN
Counterfeiting Intelligence Bureau 10. FOREIGN INVESTMENT
FraudNet 11. LIMIT
Special projects and initiatives
Business Action to Stop Counterfeiting and Piracy (BASCAP)
Business Action to Support the Information Society
Commission on Anti-Corruption
ICC Business World Trade Agenda
ICC and the United Nations
ICC Research Foundation
9
CASH CREDIT LIMIT
ONLY NON-INDIVIDUAL BUSINESS FIRMS/ENTITY CAN TAKE THIS FACILITY FROM BANK ONLY FOR PURCHASING OR KEEPING INVENTORY
A SHORTTERM LOAN COMPANIES CAN TAKE FOR THEIR WORKING CAPITAL REQUIREMENT. BANK ASSIGNS A LIMIT TO EVERY BUSINESS
FOR THIS REQUIREMENT. THIS IS CALLED CC LIMIT. IT IS A SECURED LOAN GIVEN AGAINST CURRENT ASSETS (STOCKS,RECEIBABLES ET
ACCOUNT HAS BEEN GIVEN TO CUSTOMER. WITH NO TRANSACTION LIMIT, WITH A CHEQUE BOOK FACILITY. INTEREST WILLBE CHARGED
ONLY 50-60 % OF THE STOCK/RECEIBABLES CAN BE SCANTIONED AS CC LIMIT. LIMIT IS REVISED YEARLY . CAN BE CHANGED IMMEDIATE
INCREASE OR DECREASE IN INVENTORY. INTEREST RATE IS LOW AS SECURED.
OVERDRAFT LIMIT
BOTH BUSINESS FIRMS AS WELL AS INDIVIDUAL CAN TAKE THIS FACILITY FROM BANK. WITHDRAW MONEY MORE THAN THE BALLANCE IN
(UNSECURED OVERDRAFT) FOR 1 WEEK TO ONE MONTH , OR LOAN AGAINST FINANCIAL INSTRUMENTS LIKE LIC, FD, MF ETC.UPTO 60-85
FUND BASED - PHYSICAL OUTFLOW OF FUNDS TO CUSTOMER. CASH CREDIT, OVERDRAFT, TERM LOAN
NON FUND BASED- GIVING COMMITMENT ON BEHALF OF CUSTOMER. LETTER OF CREDIT, BANK GUARANTEE
BANK LIMIT/ NON RECOURSE - BANKS ARE SHARING LIMITS BETWEEN EACH OTHERS.
CUSTOMER LIMIT/RECOURSE - CC LIMIT, OD LIMIT
LC LIMIT
LEAD TIME (LT) - TIME FROM ORDER PLACEMENT TO SHIPMENT
TRANSIST PERIOD (TP) - TIME TAKEN TO SHIP THE GOODS TO IMPORTER COUNTRY
USANCE PERIOD (UP) - TIME GIVEN TO IMPORTER TO MAKE THE PYMENT (SIGHT/USANCE)
TOTAL TIME PERIOD (T) - LT+TP+UP
TOTAL ANUAL CONSUMPTION UNDER LC/ LC REQUREMENT (C)
LIMIT= (T*C)/12
ECONOMIC ORDER QUANTITY (EOQ) = MINIMUM QUANTITY TO BE ORDERED.
NO OF LC TO BE OPENED (N)- C/EOQ
FREQUENCY OF LC - 12/N
BG LIMIT
TOTAL VALUE OF TENDERS PARTICIPATED IN ANY POINT OF TIME TO NEXT 12 MONTS 100
SUCCESS STRIKE RATE @ 30 % OF CONTRACT VALUE 30
BID BOND ROTATION = 6 MONTHS =2
BID BOND GUARANTEE 10% OF PARTICIPATED
ACTRUAL BID BOND GUARANTEE REQUI (10%/2)
PERFORMANCE GUARANTEE REQUIRED 10 % OF SUCCESS RATE
ADVANCE REQUREMENT 10
ADVANCE PAYMENT GUARANTEE REQUIREMENT 50% (10/2)
VALUE OF CONTRACT THAT IS EXPECTED TO BE COMOLETE 20
RETENTION 50%
BG FOR MISSLINIOUS PURPOSE
TOTAL BG REQUIRED
OPENING BALANCE OF BG
GUARANTEES EXPIRED THIS YEAR
NET BANK GUARANTEE REQUIREMENT (28+2)-15
DEEMED
TING COUNTRY EXPORT
NTER DTA OF C
ION IN GOODS
ects overseas
RMATION(XLC)
D BANK GUARANTEE ISSUANCE(FOBG)
D BANK GUARANTEE AMMENDMENT(FOBGAMD)
D BANK GUARANTEE CANCELLATION(FOBGCAN)
BANK GUARANTEE ADV(FIBG)
ANCY/ACCEPTANCE(IBCLC)
EALIZATION(OBCLR)
ON LC DISCOUNTING(LCBD)
RANTEE ISSUANCE(DBG)
RANTEE AMMENDMENT(DBGAMD)
UYRS CREDIT
UPPLIERS CREDIT
HIRD PARTY
OREIGN LOAN
FOREIGN INVESTMENT
OR KEEPING INVENTORY AND RECEIBABLES,
IMIT TO EVERY BUSINESS ENTITY
STOCKS,RECEIBABLES ETC). A RUNNING
TEREST WILLBE CHARGED IF CUSTOMER USED CC LIMIT.
BE CHANGED IMMEDIATELY IF THERE IS
10
5
28
2
15
15
INVOICE C. TYPES OF MAIN DOCUMENTS LC TERMS
1. INVOICE I) INVOICE TERMS
2. TRANSPORT DOCUMENT 1.INVOICE SIGNED BY CHEMBER OF COMMRCE
3. CERTIFICATE OF ORIGIN CONTAINS THE DETAILS ITEM NO,QUANTITY,
4. PACKING LIST DESCRIPTION, UNIT PRICE, TOTAL VALUE
5. INSURANCE 2. SIGNED INVOICES IN 6 FOLD SHOWING FOB
6. DRAFT VALUE AND FREIGHT SEPARATELY CERTIFYING
B. LC OTHER DOCUMENTS MERCHANDISE IS OF INDIAN ORIGIN AND
D. DOCUMENTS WISE CHECK IMPORTED AGAINST LCAF NO, HS CODE NO(IN)
IV) PACKING LIST TERMS HS CODE NO(APP),IRC NO, BA AND TIN
1. PACKING LIST IN ONE 3.FOB VALUE,INSURANCE AND FREIGHT
ORIGINAL AND TWO COPIES CHARGES SEPARATELY- QUOTING HS CODE NO
SHOWING NO OF PACKAGES FULL NAME AND ADDRESS OF THE APPLICANT
AND CONTENTS OF EACH AS PER FIELD 50 AND CERTIFYING THAT
PACKAGE SEPARATELY SHIPMENT CONFORMS TO PROFORMA INVOICE
ALONG WITH GROSS AND NO............ALL INVOICES SHOULD BE DATED
NET WEIGHT AND MANUALY SIGNED AND NO PHOTOCOPY
2. PACKING LIST IN 3 COPIES/ OF SIGNATURE ARE PERMISSIBLE. TOTAL OF THE
IN TRIPLICATE FOB VALUE INSURANCE AND FREIGHT CHARGES
3. DETAILED PACKING LIST IN SHOULD TALLY WITH THE COMMERCIAL INVOICE
6 FOLD DELAY SIGNED BY 4.BENEFICIARY SIGNED COMMERCIAL INVOICE
BENEFICIARY (1 ORIGINAL 3 COPIES) THAT THE SHIPPED
4. PACKING LIST (1 ORIGINAL GOODS CONFORM TO PROFORMA INVOICE NO
PLUS 3 COPIES) SHOWS 5. SIGNED COMMERCIAL INVOIVE IN 1 ORIGINAL
DISCRIPANCY OF GOODS, AND FOUR COPIES SHOWING PRICE TERMS
GROSS WEIGHT AND QUANTITY EXW, KOBRA, INDIA
5. PACKING LIST AND WEIGHT 6.SIGNED COMMERCIAL INVOIVE IN TRIPLICATE
LIST IN ONE ORIGINAL AND 4 IN FAVOUR OF APPLICANT
COPIES 7.a. BENEFICIARY SIGNED PROVISSIONAL INVOICE
6. PACKING LIST TO BE ISSUED IN TWO ORIGINALS 3 COPIES SHOWING 98% OF
BY BENEFICIARY IN ORIGINAL CFR VALUE OF SHIPMENT AND INDICATING
IN TRIPLICATE CONTRACT NO, LC NO, NAME OF CARRING
V) DRAFT VESSEL
1. BENEFICIARY DRAFT IN DUPLICATE 7.b. BENEFICIARY SIGNED FINAL INVOICE
DRAWN ON APPLICANT BANK. BASED ON THE TEST RESULT OF THE COPY
FOR FULL INVOICE VALUE OF INSPECTION CERTIFICATE OF QUALITY
2. BENEFICIARY DRAFT 1 ORIGINAL ISSUED BY CIQ AT DISCHARGE POST LESS
1 COPY DRAWN ON ISSUING BANK THE PROVISSIONAL PAYMENT DRAWN UNDER
QUOTING LC NO AND DATE THIS LC
3. BENEFICIARY DRAFT DRAWN 7.c. BENEFICIARY SIGNED FINAL INVOICE IN
ON ICICI BANK AT SIGHT, TRIPLICATE FOR THE BALLANCE OF OF THE
FOR 100% OF INVOICE VALUE CFR SHIPMENT(FINAL SHIPMENT VALUE LESS
BEARING CALUSE DRAWN UNDER PROVISSIONAL PAYMENT) DRAWN UNDER THIS
LC NO ... DATED... LC INDICATING THE CONTRACT NO, LC NO
ISSUED BY ISSUING BANK NAME. AND NAME OF CARRING VESSEL
A.INCOTERMS
EXW FROM FACTORY ALL EXPENCES BELONGS TO IMPORTER FOB=EXW
FAS FROM EXPORT PORT ALL EXPENCES BELONGS TO IMPORTER FOB=FAS
FOB FROM IMPORT PORT ALL EXPENCES BELONGS TO IMPORTER FOB=FOB
CFR FREIGHT PREPAID BY EXPORTER FOB=CFR-10%
CIF FREIGHT AND INSURANCE PREPAID BY EXPORTER FOB=CIF-10%
DAP ALL EXPENCES BELONGS TO EXPORTER FOB=DAP-25%
DAT ALL EXPENCESS BELONGS TO EXPORTER FOB=DAT-25%
B.UCP
ARTICLE-1
APPLICABLE ON ALL DC AND SBLC WHEN LC TEXT EXPRESSLY STATES TRANSATION IS SUBJECT TO UCP600 G
ISSUING BANK CAN EXCLUDE SOME OF THE ARTICLES ALSO SHOULD MENTION IN LC
NOT TOTALLY APPLICABLE FOR SBLC AS LC WE DEAL WITH ORIGINAL DOCUMENTS BUT IN SBLC WE DEAL WIT
ARTICLE-2
PARTIES- APPLICANT,ISSUING BANK, BENEFICIARY, ADVISING BANK,CONFIRMING BANK, NOMINATED BANK, PR
TERMS- COMPLYING PRESENTATION, CONFIRMATION, CREDIT, HONOR, NEGOTIATION, PRESENTATION,BANKIN
BANKING DAY - MEANS A DAY ON WHICH BANK IS REGULARLY OPEN AT THE PLACE AT WHICH AN ACT SUBJEC
PRESENTATION ETC) IS TO BE OPENED
ADVISING BANK - ADVISES THE CREDIT AT THE REQUEST OF THE ISSUING BANK
BENEFICIARY- ON WHOSE FAVOUR LETTER OF CREDIT HAS BEEN ISSUED
APPLICANT-ON WHOSE REQUEST LETTER OF CREDIT HAS BEEN ISSUED
COMPLYING PRESENTATION- WHEN DOCS ARE CREDIT COMPLIED (MEANS AS PER LC TERMS AND AS PER UCP
CONFIRMATION-A DEFINITE UNDERTAKING OF CONFIRMING BANK, IN ADDITION TO THE ISSUING BANK, TO HON
CONFIRMING BANK- BANK ADDS ITS CONFIRMATION TO A CREDIT UPON ISSUING BANK AUTHORIZATION OR RE
700 49 FIELD CONFIRM, MAY ADD, WITHOUT MAY ADD CHARGES MAY WILL BE ON BENEFICIARY CONFIRM CHAR
HONOUR-TO PAY AT SIGHT IF THE CREDIT IS AVAILABLE BY SIGHT A DEFFERED PAYMENT UNDERTAKING AND
IF CREDIT IS AVAILABLE BY DEFERED PAYMENT TO ACCEPT A BILL OF EXCHANGE DRAWN BY BENEFICIARY AN
IS ACAILABLE BY ACDEPTANCE AND PAY AT MATURITY IF THE CREDIT IS ACAILABLE BY ACDEPTANCE
HONOUR NOT EQUALS TO NEGOTIATION ISSUNIG BANK CAN ONLY HONOUR BUT CONFIRMING BANK CAN NEGO
ISSUNIG BANK CAN ONLY HONOUR BUT CONFIRMING BANK CAN NEGOTIATE AND HONOUR
CREDIT- MEANS AN ARRANGEMENT THAT IS IRREVOCABLE AND THEREBY CONSTITUTE A DEFINITE UNDERTAK
TO HONOUR ON COMPLYING PRESENTATION
ISSUING BANK-THE BANK THAT ISSUES A CREDIT AT REQUEST OF AN APPLICANT OR ON ITS OWN BEHALF
NEGOTIATION - MEANS PURCHASING OF DRAFT WHEN THE DRAFT IS DRAWN ON OTHER THAN YOU(DRAWEE I
OR DOCUMENTS UNDER COMPLYING PRESENTATION BY ADVANCING THE BENEFICIARY BEFORE THE DUE DAT
NOMINATED BANK - MEANS THE BANK WITH WHICH THE CREDIT IS AVAILABLE FOR NEGOTIATION
PRESENTATION - MEANS DELIVER THE DOCUMENTS OF CREDIT TO THE ISSUING BANK OR NOMINATED BANK
PRESENTER - MEANS A BENEFICIARY,BANK OR OTHER PARTY THAT MAKES THE PRESENTATION
ARTICLE-3
1. IRREVOCABLE EVEN IF NO INDICATION
2. DOCUMENT MAY BE AUTHENTICATED BY SIGNED IN HANDWRITTING, FACSIMILE SIGNATURE, PERFORATED S
SYMBOL OR ANY MECHANICAL OR ELECTRONIC METHOD. WHEN LC SAYS SIGNED IT CAN BE SIGNED IN ANY O
3. BRANCHES OF DIFFERENT BANKS CAN BE CONSIDERED AS SEPARATE BANKS
4. ISSUER OF DOCUMENT OTHER THAN BENEFICIARY- FIRST-CLASS, WELL-KNOWN, QUALIFIED, INDEPENDENT
5. WORD "PROMT", "IMMEDIATELY", OR "AS SOON AS POSSIBLE" ADVISED TO BE AVOIDED
6. ON OR ABOUT TO BE USED FOR EVENT TO OCCUR FOR A SPECIFIED CALENDER PERIOD (5 CALENDER DAYS
7. TO,UNTILL, TILL, FROM, BETWEEN TO BE USED TO INCLUDE THE DATE MENTIONED DETERMINE PERIOD OF S
8. THE WORD BEFORE AND AFTER EXCLUDE THE DATE MENTIONED
9. WORDS FROM OR AFTER TO DETERMINE MATURITY DATE
10. FIRST HALF 1ST TO 15TH SCEOND HALF 15TH TO 30
11. BEGINING 1-10 MIDDLE 11-20 END 21-30/31
ARTICLE-4
CREDIT IS SEPARATE FROM CONTRACT AND INDIPENDENT ANY EFFECT IN CONTRACT DOES NOT AUTOMATICA
BANK HAS ALWAYS PUT AN ATTEMPT TO NOT TO ADD PRO FORMA INVOICE OR CONTRACT AS A INTEGRAL PA
ARTICLE-5
BANK DEAL WITH DOCUMENTS NOT WITH GOODS SERVICES OR PERFORMANCE
ARTICLE-6 - AVAILABILITY
CREDIT MUST STATES-
AVAILABLE WITH BANK , EXPIRY DATE AND PLACE OF PRESENTATION (SHOULD BE AS PER BENEFICIARY COUN
AVAILABLE BY SIGHT PAYMENT,DEFFERED PAYMENT, ACCEPTANCE OR NEGOTIATION
ISSUING BANK ALWAYS TRY TO EXCLUDE DRAFT DRAWN ON THE APPLICANT (BECAUSE IT DECREASE THE VAL
ARTICLE-7 - ISSUING BANK UNDERTAKING
IF CREDIT COMPLIED DOCUMENT PREENTATION TO THE ISSUING BANK BOUND TO HONOUR THE CLAIM
TO ISSUNUG BANK UNDERTAKING IS TO THE BENEFICIARY NOT TO ANY BANK
i. BY SIGHT PAYMENT, DEFFERED PAYMENT, OR ACCEPTANCE TO PAY ON MATURITY
ii. SIGHT PAYMENT WITH A NOMINATED BANK AND THAT NOMINATED BANK DOES NOT PAY
iii. DEFFERED PAYMENT WITH A NOMINATED BANK AND THAT NOMINATED BANK DOES NOT INCUR DEFFERED P
OR HAVE INCUR DEFFERED PAYMENT NOT PAID LAST MATURITY
iv. ACCEPTANCE WITH A NOMINATED BANK, AND THAT NOMINATED BANK DOES NOT ACCEPT A DRAFT ON IT, O
BUT DOES NOT PAY AT MATURITY
THEN BENEFICIARY GOES TO ISSUNIG BANK
ARTICLE-8 - CONFIRMATION
1.IF CREDIT COMPLIED DOCUMENT PREENTATION CONFIRMING BANK BOUND TO HONOUR OR NEGOTIATE TH
2. WHEN NEGOTIATE, NEGOTIATE IT IS ALWAYS WITHOUT RECOURSE2
ARTICLE-9 - ADVISING
1. A CREDIT IS ADVISED TO BENEFICIARY BY ADVISING BANK , ADV BANK NOT CONFIRMING BANK DO NOT HAV
2. IF 49 FIELD CONFIRM AVISING BANK TO MENTION WHILE ADVISING THEY HAVE ADDED CONFIRMATION OR N
3. ADVISING BANK CHECK THE AUTHENTICICY OF THE LC, SOURSE IS AUTHENTIC, NO CHANGES HAVE BEEN M
4. THERE MAY BE TWO ADVISING BANK FOR CONVENIENCE OF THE LC REACH TO BENEFICIARY EARLIER
MUST USE SAME 2 BANKS FOR ADVISING OF AMMENDMENTS OF THE CREDITS
5. IF A BANK IS ELECT NOT TO ADVICE THE CREDIT INFORM THE ISSUING BANK IMMEDIATELY
6. IF ADVISING BANK CANT ABLE TO VERIFY AUTHENTICITY OF THE LC, THEN ALSO HE CAN ADVISE THE LC
MUST INFORM BENEFICIARY THAT THEY CANT ABLE TO VERIFY THE AUTHENTICITY THEY STILL ADVISE, INFOR
ARTICLE-10 - AMMENDMENTS
1. A CREDIT NEITHER BE AMMEND NOR BE CANCELLED WITHOUT AGREEMENT OF THE ISSUING BANK, CONFIR
2. A ISSUNIG BANK IS BOUND TO HONOUR THE CLAIM AS PER AMMENDMEND DONE IF AMMENDED CREDIT COM
3. BENEFICIARY SHOULD PROVIDE ACCEPTANCE OF AMMENDMENT IF FAILS TO PROVIDE ACCEPTANCE AND A
IT WILL BE CONSIDERED AS ACCEPTANCE
4. PARTIAL ACCEPTANCE OF AMMENDMENT IS NOT ALLOWED
5. THERE SHOULD NOT BE ANY CONDITIONAL AMMENDMENT LIKE BENEFICIARY HAS TO ACCEPT WITHIN 5 DAY
ARTICLE-11 - TELETRANSMISSION
1. TELE TRANSMISSION/ PH/MAIL AMMENDMENT OF A CREDIT IS NOT ALLOWED
2. PREVIOUSLY WHEN SWIFT WAS NOT STRONGLY DEVELOPED BANK USED TO DEAL IN TELEX IN UCP 500 IT H
3. IF A ISSUING BANK WILLING TO ISSUE A LETTER OF CREDIT BUT AT THIS POINT OF TIME ISSUING BANK UNAB
BUT TRANSMITING A PRE-ADVISED LETTER OF CREDIT WITH SIMILLAR TERMS AND CONDITIONS
IT BOUNDS THE ISSUING BANK TO ISSUE A LC WITH SAME TERMS AND CONDITIONS OF PRE ADVISED LC
BENEFICIARY WANT TO SHIP THE GOODS UPON RECEIVING THE LC HE IS JUST WANT A COOMITMENT FORM BA
BENEFICIARY START PREPARING THE DOCUMENTS AS SOON AS IT RECEIVE THE PRE ADVISED LC AND WHEN
ARTICLE-12
4. IF - NOMINATION
NOMINATED
1. NOMINATED BANK MAY NOT NEGOTIATE IT IS HIS DECITION NO OBLIGATION IF IT IS NOT CONFIRMING BANK
BANK IS ANY
2. ISSUING BANK AUTHORISE A BANK TO PURCHASE/NEGOTIATE DOCUMENTS IN EXCHANGE OF SIGHT, ACCEP
BANK AND IF
ARTICLE-13
ADVISING - B TO B REIMBURSEMENT
BANK IS STATES REIMBURSEMENT IS SUBJECT TO URR THEN OK
1. CREDIT
WILLING TO
2.
ACTIF AS
CREDIT
A NOT STATES THAT REIMBURSEMENT BANK MUST REIMBURSEMENT AUTHORIZATION NOT SUBJEC
NOMINATED
3. REIMBURSING BANK HAS NO CONNECTION WITH CREDIT TERMS
BANK HE MUST
4. ISSUING BANK WILL BE RESPONSIBLE IF REIMBURSEMENT NOT DONE TIMELY AND FOR THAT LOSS CHARGE
GIVE THE
5. REIMBURSING
WORDING TO CHARGES ARE ON ISSUING BANK IF CREDIT STATES SPECIFICALLY THEN ONLY ON BENE
THE
ARTICLE-14 - EXAMINATION OF DOCUMENTS
BENEFICIARY
1. ISSUING BANK CONFIRMING BANK AND NOMINATED BANK WILL EXAMINE THE DOCUMENTS
2. EACH BANK MUST SCRUTINISE THE DOCUMENTS WITHIN 5 WORKING DAYS FROM RECEIPT OF DOCUMENTS
3. SHIPPING DOCUMENTS SHOULD BE PRESENTED WITHIN 21 DAYS FROM THE SHIPMENT DATE IN FULL SET B
5. IF NOMINATED BANK IS ANY BANK AND IF ADVISING BANK IS WILLING TO ACT AS A NOMINATED BANK HE MU
6. ISSUNIG BANK AND CONFIRMING BANK MUST EXMINE THE DOCUMENTS BUT NOMINATED BANK HAS NO BOU
7. IF DOCUMENTS RECEIPT AT 5.40 TODAY IT WILL BE CONSIDER DOCUMENT RECEIVED TOMORROW DAY 1 WI
8. IF DOCUMENT OTHER THAN INVOICE MENTION GOODS AND DESCRIPTION DIFFERENT IT WILL NOT BE CONS
9. IF CREDIT DOES NOT SPECIFY ISSUER NAME OF ANY CERTIFICATE ACCEPT AS PER LC TERMS
10. A DOCUMENT PRESENTED BUT NOT REQUIRED BY CREDIT CAN BE RETURNED OR IGNORED
11. IF LC CONTAINS A CONDITION WITH OUT DOCUMENT BANK CAN DISCARD THAT CONDITION
12. A DOCUMENT MAY BE DATED PRIOR TO ISSUANCE DATE OF CREDIT BUT MUST NOT BE DATED LATER THAN
13 WHEN ADDRESS OF THE BENEFICIARY AND APPLICANT IS DIFFERENT THAN LC IN OTHER DOCUMENTS EXC
14. TELEX TELEPHONE EMAIL IN ADDRESS WILL BE DISCARDED
15. SHIPPER OR CONSIGNOR OF CREDIT MAY NOT BE THE BENEFICIARY OF THE CREDIT
ARTICLE-15 - COMPLYING PRESENTATION
1. WHEN A ISSUING BANK DETERMINES PRESENTATION IS COMPLYING WITH THE CREDIT IT MUST HONOUR TH
2. WHEN A CONFIRMING BANK DETERMINES PRESENTATION IS COMPLYING WITH
THE CREDIT IT MUST HONOUR OR NEGOTIATE AND FORWARD THE DOCUMENTS TO ISSUING BANK
3. WHEN A NOMINATED BANK DETERMINES PRESENTATION IS CREDIT COMPLIED
AND NEGOTIATE, IT MUST FORWARD THE DOCUMENTS TO ISSUING BANK OR CONFIRMING BANK
ARTICLE-16 - DISCRIPANT DOCUMENT
1. IF NOMINATED BANK DETERMINES THAT DOCS ARE NOT CREDIT COMPLIED REFUSE TO NEGOTIATE
IT IS SOLE JUDGEMENT OF NOMINATED BANK TO SENT THE DOCUMENT TO ISSUING BANK ON APPROVAL BASI
2. IF ISSUING BANK DETERMINES THAT DOCS ARE NOT CREDIT COMPLIED REFUSE
IT MAY ITS SOLE JUDGEMENT APPROACH THE APPLICANT FOR WAIVER OF DISCRIPANCIES
3. WHEN A ISSUING BANK OR NOMINATED BANK REFUCE TO HONOUR THE CLAIM
IT MUST GIVE A NOTICE TO THE PRESENTER WITH IN 5 BANKING DAYS VIA TELECOMMIUMICATION, FAX OR EM
4. NOTICE MUST STATE
i). BANK REFUCE TO HONOUR
ii). EACH DISCRIPANCIES
iii). HOLDING THE DOCUMENTS OR
RETURNING THE DOCUMENTS
iv)ACTING ON PREVIOUS INSTRUCTION RECEIVED
5. WHEN DOCUMENT RECEIVED FROM BENEFICIARY REFUSAL MUST SENT TO BENEFICIARY
WHEN DOCUMENT RECEIVED FROM BANK REFUSAL MUST SENT TO BANK
6. IF REFUSAL IS NOT GIVEN TIMELY THAT MEANS DOCUMENTS HAS BEEN ACCEPTED, AND YOU ARE LIABLE TO
7. THERE IS A WAY IF CLAIMING BANK IS MENTIONING IN ITS CLAIM THAT THIS ARTICLE WILL NOT APPLY
ARTICLE-17 - ORIGINL - COPY
1. CUSTOMER GIVE THE DOCUMENTS TO BRANCH AND BRANCH PERSEN IS ONLY KNOWING WHAT DOCUMENT
2. AT LEAST ONE DOCUMENT HAVE TO BE ORIGINAL OF EACH DOCUMENT STIPULATED IN LC
3. ORIGINAL SIGNATURE,STAMP, MARK OR LEVEL OR LETTER HEAD OF THE ISSUER AND AND WRITTEN,TYPED
4. IF DOCUMEN HAS WRITTEN ORIGINAL DOES NOT MEANS IT ORIGINAL
ARTICLE-18 - COMMERCIAL INVOICE
1. COMMERCIAL INVOICE MUST HAVE TO BE ISSUED BY THE BENEFICIARY ON BEHALF OF APPLICANT IN THE S
NEED NOT BE SIGNED
2. INVOICE AMOUNT CAN BE GREATER THAN LC BUT NOT LESS BUT HONOUR OR NEGOTIATION SHOULD BE ON
3. GOOD DESCRIPTION SHOULD MATCH WITH THE LC
ARTICLE- TRANSPORT DOCUMENT
ARTICLE - 19 - MULTIMODAL TRANSPORT DOCUMENT
ARTICLE - 20 - BILL OF LADING
ARTICLE - 21 - NON NEGOTIABLE SEA WAY BILL
ARTICLE - 22 - CHARTER PARTY BILL OF LADING
ARTICLE - 23 - AIR TRANSPORT DOCUMENT
ARTICLE - 24 - ROAD,RAIL,INLAND WATERWAY TRANSPORT DOCUMENT
ARTICLE - 25 - COURIER RECEIPT, POST RECEIPT, CERTIFICATE OF POSTING
0. TRANSPORT DOCUMENT HAVE TO BE CONSINED AS PER LETTER OF CREDIT
1. TRANSPORT DOCUMENT MUST APPEAR TO INDICATE THE NAME OF THE CARRIER AND SIGNED BY
MUST APPEAR TO INDICATE THE NAME OF THE CARRIER AND SIGNED BY
THE CARRIER OR A NAMED AGENT ON BEHALF OF CARRIER
THE MASTER OR A NAMED AGENT ON BEHALF OF MASTER FOR AWB AND ROAD DOC ONLY CARRIER
2.PORT OF LOADING AND PORT OF DISCHARGE SHOULD BE AS PER LC
3. IF NOT INDICATE THE PORT OF LOADING AND DISCHARGE NOT AS PER LC OR ADD WORD LIKE "INTENDED" O
A NOTATION CONTAINING LC ACCORDING LOADING ,DELIVERY ,VESSEL IS REQUIRED APPLIES FOR PRE-PRINT
OTHERWISE IN ADDITION TRANSPORT DOCUMENT CAN ADD PLACE OF RECEIPT OR FINAL DELIVERY AS DIFFE
4. TRANSPORT DOCUMENT ISSUE DATE= DATE OF DISPATCH IF BL NOT INCLUDE A SHIPPED ON BOARD DATE
FOR PRE-PRINTED TD ON BOARD NOTATION INDICATING DATE OF SHIPMENT AND NAME OF ACTRUAL VESSEL
5. CAN BE SOLE ORIGINAL OR MULTIPLE ORIGINAL
6. CONTAIN TERMS AND CONDITIONS OF CARRIGE OR CONTAIN REFERANCE TO TERMS AND CONDITION OF CA
7. CONTAIN NO INDICATION THAT IT IS SUBJECT TO CHARTER PARTY
8. TRANSSHIPMENT MEANS UNLOADING FROM ONE MEANS OF CONVEYNCE AND RE-LOADING TO ANOTHER ME
9. DIFFERENT MODE OF TRANSPORT CARRIGE FROM THE PLACE OF DISPATCH AND TAKING IN CHARGE STATE
BUT ONE TRASPORT DOCUMENT CAN COVER THE TOTAL CARRIGE TRANSHIPMENT MAY TAKE PLACE EVEN IF
DOCUMENT SHOULD INDICATE THAT, IF GOODS HAVE BEEN SHIPPED IN A CONTAINER TRAILER OR LASH BARG
10. CLAUSE IN BILL OF LADING STATING THAT CARRIER RESERVES THE RIGHT TO TRANSHIP WILL BE DISCARD
13. A BILL OF LADING CONTAINING A INDICATION THAT IT IS SUBJECT TO CHARTER PARTY IS CHARTER PARTY
A BANK WILL NOT EXAMINE CHARTER PARTY CONTRACTS, EVEN IF THEY ARE REQUIRED TO BE PRESENTED B
14. ANY INFORMATION APPARING ON THE AIR TRANSPORT DOCUMENT RELATING TO FLIGHT NO DATE WILL NO
15. A ROAD TRANSPORT DOCUMENT MUST APPEAR TO BE ORIGINAL FOR CONSIGNOR OR SHIPPER OR BEAR
THE DOCUMENT HAVE BEEN PREPARED, A RAIL TRANSPORT DOCUMENT MARKED "DUPLICATE" WILL BE ACCE
DOCUMENT WILL BE ACCEPTED AS AN ORIGINAL WHEATHER MARKED AS ORIGINAL OR NOT
16. COURIER RECEIPT EVIDENCING GOODS, COURIER CO NAME, PORT OF LOADING AND PORT OF DISCHARGE
INDICATED, STAMPED AND SIGNED BY COURIER CO,
17. A POST RECEIPT CERTIFICATE OF POSTING EVIDENCING GOODS STAMPED,SIGNED AND DATED AT THE PL
TO BE SHIPPED
ARTICLE-26- ON DECK - SHIPPER LOAD AND COUNT-
1. A TRANSPORT DOCUMENT MUST NOT INDICATE THAT THE GOODS ARE OR WILL BE LOADED ON DECK. A CLA
MAY BE LOADED ON DECK IS ACCEPTABLE.
2. A CLAUSE SUCH AS SHIPPERS LOAD AND COUNT AND SAID BY SHIPPER TO CONTAIN IS ACCEPTABLE. MAY B
STAMP OR OTHERWISE TO CHARGES ADDITIONAL TO THE FREIGHT
ARTICLE-27-CLEAN TRANSPORT DOCUMENT
A BANK WILL ONLY ACCEPT CLEAN TRANSPORT DOCUMENT, CLEAN MEANS NO CLAUSE OR NOTATION DECLA
CLEAN NEED NOT APPEARED ON THE TRANSPORT DOCUMENT
ARTICLE-28 -INSURANCE DOCUMENT
1. A INSURANCE POLICY,CERTIFICATE/DECLARATION UNDER OPEN COVER, MUST ISSUED AND SIGNED BY INS
OR THEIR PROXIES
2. INSURANCE DOCUMENT INDICATES ISSUED MORE THAN ONE ORIGINAL, ALL ORIGINALS MUST BE PRESENTE
COVER NOTES WILL NOT BE ACCEPTED
3. THE DATE OF INSURANCE DOCUMENT MUST INDICATE THE AMOUNT OF INSURANCE COVERAGE AND BE IN T
4. DATE OF INSURANCE DOCUMENT NOT TO BE LETTER THAN DATE OF SHIPMENT UNLESS IT APPEARS IN INSU
5. MUST INDICATE THE AMOUNT OF INSURANCE COVERAGE IN SEME CURRENCY AS CREDIT
6. INSURANCE COVERAGE IN LC NOT REQUIRED IN AMOUNT BUT IN %
INSURANCE COVERAGE SHOULD BE AT LEAST 110% OF CIF/CIP VALUE
7. WHEN CIF/CIP VALUE CANNOT DETERMINED
THE INSURANCE COVER SHOULD BE HONOUR VALUE OR INVOICE VALUE WHICH EVER IS GREATER
8. MUST INDICATE THE RISKS COVERED AND BETWEEN THE PLACE OF TAKING IN CHARGE
AND DISCHARGE AS STATED IN CREDIT
9. CREDIT SHOULD STATE TYPE OF INSURANCE REQUIRED AND ADDITIONAL RISK IF ANY
10. INSURANCE DOCUMENT NOT METIONED RISKS MENTIONED IS LC INSTEAD OF MENTIONED "USUAL RISKS" A
11.WHEN A CREDIT REQUIRES INSURANCE AGAINST "ALL RISKS" INSURANCE DOCUMENT NOT MENTIONED AN
12. AN INSURANCE DOCUMENT MAY CONTAIN ANY EXCLUSION CLAUSE
13. AN INSURANCE DOCUMENT MAY INDICATE THAT COVER IS SUBJECT TO FRANCHISE OR EXCESS
ARTICLE-29 -HOLIDAY
1. EXPIRY DATE, DATE OF PRESENTATION FALLS ON HOLIDAY, NEXT BANKIG DAY CONSIDERED
2. NOMINATED BANK MUST PROVIDE IN COVERING SCHEDULE TO ISSUING BANK THAT PRESENTATION MADE U
3. THE LDS CAN NOT BE EXTENDED
ARTICLE-30 - TOLLERANCE
1. THE WORD "ABOUT" OR "APPROXIMATELY" IN LC IN CONNECTION TO AMOUNT, QUANTITY OR UNIT PRICE- T
2. LC IS SILENT TOLLERANCE OF 5% IS ALLOWED IN QUANTITY PROVIDED CREDIT DOES NOT STATE THE QUAN
NOT EXCEED AMOUNT OF CREDIT AND GOODS ARE IN INDIVIDUAL PACKING UNITS
3. WHEN PARTIAL SHIPMENTS ARE NOT ALLOWED, TOLLERANCE IS 5% OF AMOUNT IN CREDIT, PROVIDED QUA
ARTICLE-31 - PARTIAL SHIPMENT
1. PARTIAL DRAWINGS OR SHIPMENTS ARE ALLOWED
2. MEANS OF CONVEYENCE SHOULD BE ONE THEN IT WILL NOT BE CONSIDER AS PARTIAL SHIPMENT
3. MULTIPLE TRANSPORT DOCUMENT EVEN IF DIFFERENT SHIPMENT DATE NOT CONSIDERED AS PARTIAL SHIP
4. MORE THAN ONE MEANS OF CONVINIANCE- CONSIDER AS PARTIAL SHIPMENT
5. MULTIPLE COURIER RECEIPT CERTIFICATE NOT CONSIDERED AS PARTIAL SHIPMENT
ARTICLE-32 - INSTALLMENT DRAWINGS
1.SHIPMENT BY INSTALLMENTS WITHIN GIVEN PERIOD IN CREDIT AFTER FIRST INSTALLMENT DONE CREDIT VA
2. ONE INSTALLMENT FAIL SENT LATER 2 DISCRIPANCIES
ARTICLE-33 - HOURS
A BANK HAS NO OBLIGATION TO ACCEPT A PRESENTATION OUTSIDE OF ITS BANKING HOURS
ARTICLE-34 - DISCLAIMER ON EFFECTIVENESS OF DOCUMENTS
A BANK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE FORM, SUFFICIENCY, ACCURICY , GENUINENESS
DOCUMENT OR FOR THE GENERAL OR PARTICULAR CONDITION STIPULATED IN A DOCUMENT OR SUPERIMPOS
DESCRIPTION QUANTITY, WEIGHT, QUALITY,CONDITION,PACKING,DELIVERY,VALUE OR EXISTENCE OF THE GO
BY ANY DOCUMENT OR FOR GOOD FAITH OR ACTS OR OMISSION,SOLVENCY,PERFORMANCE OR STANDING RE
GOOD FAITH OR ACTS OR OMMISSION,SOLVENCY,PERFORMANCE OR STANDING OF THE CONSIGNOR,THE CA
OF THE GOODS OR ANY OTHER PERSON
ARTICLE-35 - DISCLAIMER ON TRANSMISSION AND TRANSACTION
1. A BANK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES ARISING OUT OF DELAY, LOS
ARISING IN THE TRANSMISSION OF ANY MESSAGES OR DELIVERY OF LETTER OR DOCUMENTS, WHEN SUCH M
OR SENT ACCORING TO REQUIREMENT STATED IN THE CREDIT OR WHEN THE BANK MAY HAVE TAKEN THE IN
2. DELIVERY SERVICE IN THE ABSENCE OF SUCH INSTRUCTIONS IN THE CREDIT
3. IF A NOMINATED BANK DETERMINES THAT A PRESENTATION IS COMPLYING AND FORWARDS THE DOCUMEN
WHEATHER OR NOT THE NOMINATED BANK HAS HONOURED OR NEGOTIATED, AN ISSUING ANK OR CONFIRMI
REIMBURSE THAT NOMINATED BANK, EVEN WHEN THE DOCUMENT LOST IN TRANSIST BETWEEN NOMINATED
ISSUING BANK AND CONFIRMING BANK A BANK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS IN T
TERMS AND MAY TRANSMIT CREDIT TERMS WITHOUT TRANSLATING THEM
ARTICLE-36 - FORCE MAJEURE
1. A BANK ASSUMES NO LIABILITY FOR RESPONSIBILITY FOR THE CONSEQUENCES ARISING OUT OF THE INTER
BY ACT OF GOD,RIOTS,CIVIL COMMOTIONS, INSURRECTIONS, WARS, ACT OF TRANSMISSION, OR ANY STRIKES
OR ANY OTHER CAUSES BEYOND ITS CONTROL.
2. A BANK WILL NOT UPON RESUMPTION OF ITS BUSINESS, HONOUR OR NEGOTIATE UNDER A CREDIT THAT EX
OF ITS BUSINESS
ARTICLE - 37 - DISCLAIMER OF ACTS OF AN INSTRUCTED PARTY
1. A BANK UTILIZING SERVICES OF ANOTHER BANK FOR THE PURPOSE OF GIVING EFFECT TO THE INSTRUCTIO
ACCOUNT AND RISK OF THE APPLICANT
2. A ISSUING BANK ASSUMES NO LIABILITY OR RESPONSIBILITY SHOULD THE INSTRUCTIONS IT TRANSMIT TO A
EVEN IF IT HAS TAKEN THE INITIATIVE, IN THE CHOICE OF THE ANOTHER BANK
3. A BANK INSTRUCTING ANOTHER BANK TO PERFORM SERVICES IS LIABLE FOR ANY COMMISSION, FEES, COS
WITH THAT INSTRUCTIONS
A CREDIT STATES THAT CHARGES ARE FOR THE ACCOUNT OF BENEFICIARY AND CHARGES CANNOT BE COLL
REMAIN LIABLE FOR PAYMMENT OF CHARGES
A CREDIT OR AMMENDMENT SHOULD NOT STIPULATE THAT THE ADVISING TOA BENEFICIARY IS CONDITIONAL
SCEOND ADVISING BANK OF ITS CHARGES
4. THE APPLICANT SHALL BE BOUND BY AND LIABLE TO INDEMNIFY A BANK AGAINST ALL OBLIGATIONS AND RE
BY FOREIGN LAWS AND USAGES
ARTICLE - 38 - TRANSFERABLE CREDITS
1. A BANK UNDER NO OBLIGATION TO TRANSFER A CREDIT EXCEPT TO THE EXTENT AND THE MANNER EXPRE
2. LC SHOULD CLEARLY STATE TRASFERABLE
3. WHOLE OR PART TRANSFER ALLOWED FORM 1ST BENEFICIARY TO 2ND BENEFICIARY
4. TRANSFERING BANK MEANS WHO TRANSFER THE CREDIT I.E NOMINATED BANK
5. AN ISSUING BANK MAY BE TRANSFERING BANK
6. TRANSFERED CREDIT MEANS THAT CREDIT WHICH IS MADE AVAILABLE BY TRANSFERING BANK TO SCEOND
7. UNLESS OTHERWISE AGREED AT THE TIME OF TRANSFER ALL CHARGES INCURRED IN RESPECT OF TRASFE
8. A CREDIT CAN BE TRANSFERED TO MORE THAN 1 2ND BENEFICIARIES, PARTIAL SHIPMENTS OR DRAWINGS
9. A TRANSFERED CREDIT CAN NOT BE TRANSFERED AT THE REQUEST OF 2ND BENEFICIARY TO SUBSIQUENT
10. ANY REQUEST OF TRANSFER MUST CLEARLY STATES THE CONDITIONS IN WHICH AMMENDMENT CAN BE T
11. IF A CREDIT IS TRANSFERED TO MORE THAN ONE 2ND BENEFCIARY, REJECTION OF AN AMMENDMENT BY O
ACCEPTANCE OF ANY OTHER BENEFICIARY.
12. THE TRANSFERED CREDIT MUST ACCURATELY REFLECT THE TERMS AND CONDITIONS OF CREDIT INCLUDI
13. THINGS CAN BE CHANGED WHILE TRANSFERING THE CREDIT
a. THE AMOUNT OF THE CREDIT
b. THE UNIT PRICE STATED THERE IN
c. THE EXPIRY DATE
d. THE PERIOD OF PRESENTATION
e. PERIOD OF SHIPMENT/LDS
f. PERCENTAGE OF INSURANCE COVER
g. THE NAME OF THE FIRST BENEFICIARY MAY BE SUBSTITUTED FOR THAT OF THE APPLICANT IN THE CREDIT
h. FIRST BENEFICIARIES INVOICE AND DRAFT WITH 2ND BENEFICIARIES INVOICE AND DRAFT
14. IF FAILS TO PRESENT ON DEMAND
15. PRESENTATION OF DOCUMENTS BY SCEOND BENEFICIARY MUST BE MADE TO TRANSFERRING BANK
ARTICLE - 39 - ASSIGNMENT OF PROCEEDS
IF LC IS NOT TRANSFERRABLE ASSIGNMENT OF PROCEEDS CAN BE DONE BUT NOT ASSIGNMENT OF RIGHT TO
ISBP - 745
PART 1- GENERAL GUIDELINES
1.ABBRIVIATIONS - GENERALLY ACCEPTED ABBRIVIATIONS MAY BE USED IN THE DOCUMENT IN SUBSTITUTION
INTERNATIONAL = INTL , COMPANY = CO , KILOGRAMS = KGS , KILOS = KOS , INDUSTRY = IND, LIMITED = LTD , M
A CREDIT THAT INCLUDES AN ABBRIVIATION IN THE TEXT ALLOW DOCUMENTS TO SHOW THE SAME ABBRIVIAT
SAME MEANING OR TO SHOW THE COMPLETE SPELING OF THE WORD OR VICE VERSA
2.COMMA AND SLASH- VIRGULES IE "/" MARKS, MAY RESULT IN DIFFERENT MEANINGS AND SHOULD NOT BE U
CONTEXT IS APPARENT, THIS WILL ALLOW USE OF ONE OR MORE OF THE OPTIONS. FOR EXAMPLE A CONDITIO
OR BLUE OR BLACK OR ANY COMBINATION
THE USE OF COMMA "," WHEN INDICATING A RANGE OF DATA IN THE CREDIT SUCH AS PORT OF LOADING OR D
DIFFERENT MEANINGS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR A WORD. IF NEVER THE LESS A COM
ALLOW ONE OR MORE OF THE OPTIONS, FOR EXAMPLE WHEN A CREDIT ALLOWS PARTIAL SHIPMENT AND IND
"HAMBURG,ROTTERDAM, ANTWERP" WITH NO FURTHER CLARIFICATION THIS WILL MEAN ONLY HAMBURG ONL
OF THEM
3. CERTIFICATE SIGN - WHEN A CERTIFICATE, CERTIFICATION, DECLARATION OR STATEMENT IS REQUIRED BY
4 . CERTIFICATE DATE- WHEATHER A CERTIFICATE , CERTIFICATION, DECLARATION OR STATEMENT IS REQUIR
WORDING AND WORDING THAT APPEARS WITHIN THE DOCUMENTS
FOR EXAMPLE, IF A CREDIT REQUIRES A CERIFICATE ISSUED BY THE CARRIER THAT THE VESSEL IS NOT 25 YE
INDICATING
a. THE DATE OR YEAR THE VESSEL WAS BUILT AND SUCH DATE OR YEAR IS NOT MORE THAN 25 YEARS PRIOR
SHIPMENT WAS EFFECTED, IN WHICH CASE A DATE OF ISSUANCE IS NOT NECESSERY
b. THE WORDING AS STATED IN THE CREDIT, IN WHICH CASE THE DATE OF ISSUANCE IS REQUIRED, THEREBY
5. NO EXTRA CERTIFICATE REQUIRED- WHEN A CERTIFICATION, DECLARATION , STATEMENT APPEARS IN A DO
OR DATE WHEN THE CERTIFICATION DECLARATION OR STATEMENT APPEARS TO HAVE BEEN GIVEN BY SAME
FOR EXAMPLE, IF LC REQUIRES BENE TO CERTIFY THAT HE IS NOT BANNED IMPORTER BY GOVT OF AFRICA. B
ON PACKING LIST, THEN NO SEPARATE CERTIFICATE IS REQUIRED
6. COPY OF TRANSPORT DOCUMENT- WHEN A CREDIT REQUIRES COPY OF TRANSPORT DOCUMENT COVERED
OTHERWISE ACCORDING TO SUB-ARTICLE 14-F OTHER DOCUMENTS
COPY OF TRANSPORT DOCUMENT NOT CONFLICT WITH ANY DATA WITH OTHER DOCUMENT OR CREDIT. IF LC
COPY OF TRANSPORT DOCUMENT DOES NOT APPLY THE RULE OF OF 21 DAYS PRESENTATION OR ANY PRESE
THE BASIS OF DETERMINIG SUCH PRESENTATION IE BY DATE, ELSE THE EXPIRY DATE CAN BE MET UP TO EXP
7. CORRECTION- ANY CORRECTION IN A DOCUMENT ISSUED BY THE BENEFICIARY, WITH THE EXCEPTIONS OF
WHEN A DOCUMENT ISSUED BY BENEFICIARY HAS BEEN LEGALIZED OR CERTIFIED BY OTHER ENTITIES
ANY CORRECTION OF DATA IS TO BE AUTHENTICATED BY ATLEAST ONE OF THE ENTITIES THAT LEGALISED OR
SUCH AUTHENTICATION IS TO INDICATE THE NAME OF THE ENTITY AUTHENTICATING THE CORRECTION
EITHER BY USE OF A STAMP INCORPORATING ITS NAME OR BY ADDITION OF THE NAME OF AUTHENTICATING E
ACCOMPANIED BY ITS SIGNATURE OR INITIALS
ANY CORRECTION OF DATA IN A DOCUMENT OTHER THAN THE DOCUMENT ISSUED BY BENEFICIARY NEED TO
STAMPED,AUTHENTICATED AND SIGNED BY THE ENTITY OR AGENT OR PROXY (ON BEHAF OF ENTITY STATED)
IF CERIFICATE ISSUED BY OTHER THAN BENEFICIARY IS LEAGLISED THEN IT IS TO BE AUTHENTICATE BY ENTIT
ANY CORRECTION OF DATA IN A COPY DOCUMENT NEED NOT TO BE AUTHENTICATED
8.MORE THAN ONE OCRRECTION- WHEN A DOCUMENT OTHER THAN ONE ISSUED BY THE BENEFICIARY CONTA
TO BE AUTHENTICATED OR ONE AUTHENTICATION SHOULD BE THERE THAT STATES ITS FOR ALL CORRECTION
9. FONT SIZE AND STYLES- THE USE OF MULTIPLE TYPE STYLES, FONT SIZES , OR HANDWRITTING WITHIN THE
10. EVIDENCE OF RECEIPT- WHEN A CREDIT REQUIRES THE PRESENTAION OF A DOCUMENT AS EVIDENCE OF
TO A NAMMED OR DESCRIBED ENTITY IN FORM OF COURIER RECEIPT,CERTIFICATE OF POSTING. SUCH DOCUM
STATED IN THE CREDIT OR AS PER ARTICLE 14 F UCP NOT UNDER ARTICLE 25
11. a. EVEN WHEN A CREDIT DOES NOT EXPRESSLY REQUIRE - i) DRAFTS ARE TO INDICATE A DATE OF ISSUAN
OF ISSUANCE OR EFFECTIVENESS OF INSURANCE COVERAGE iii) ORIGINAL TRANSPORT DOCUMENTS SUBJEC
A DATE OF ISSUANCE, A DATED ON BOARD NOTATION, A DATE OF SHIPMENT, A DATE OF RECEIPT OF SHIPMEN
IN CHARGE OR A DATE OF PICK UP OR RECEIPT, AS APPLICABLE.
11. b. REFERANCE TO DOCUMENT DATE- A REQUIREMENT THAT A DOCUMENT, OTHER THAN A DRAFT, INSURA
BE DATED WILL BE SATISFIED BY THE INDICATION OF DATE OF ISSUANCE OR BY REFERANCE IN THE DOCUME
PART OF SAME PRESENTATION (FOR EXAMPLE BY WORDING THE DATE AS PER BILL OF LADING NUMBER XXX"
OR ITS AGENT) OR A DATE APPEARING ON A STIPULATED DOCUMENT INDICATING THE DATE OF OCCURANCE
INSPECTION BEING INDICATED ON AN INSPECTION CERTIFICATE THATDOES NOT CONTAIN A DATE OF ISSUANC
12. PRE SHIPMENT REQUIREMENT- A DOCUMENT, SUCH AS A CERTIFICATE OF ANALYSIS, INSPECTION CERTIF
THE DATE OF ISSUANCE LATER THAN DATE OF SHIPMENT. WHEN A CREDIT REQUIRES A PRE SHIPMENT CERT
INDICATION OF PRE SHIPMENT OR THE DATE OF SHIPMENT. WHEN A CREDIT REQUIRES A DOCUMENT DOES N
OF PRE SHIPMENT IT CAN BE AFTER SHIPMENT DATE
13. SIGNING DATE- WHEN A DOCUMENT INDICATING A DATE OF ISSUANCE AND LATER DATE OF SIGNING, DATE
14. BEFORE AND AFTER A SPECIFIC DATE - WHEN A CREDIT STATES BEFORE OR AFTER A SPECIFIC DATE FOR
i) NOT LATER THAN SHIPMENT DATE
ii) NOT LATER 2 DAYS PRIOR OR AFTER THE DATE OF SHIPMENT
iii) WITHIN 2 DAYS FROM THE DATE OF SHIPMENT MEANS BEFORE 2 DAYS OR AFTER 2 DAYS
15. FROM AND AFTER A DATE - WHEN USED TO DETERMINE A MATURITY DATE OR PERIOD OF PRESENTATION
THE DATE OF AN EVENT OR THE DATE OF DOCUMENT EXCLUDE THE DATE IN THE CALCULATION.
16. DATE FORMAT- DATE CAN BE EXPRESSED IN ANY FORMAT, IT IS RECOMENDED MOTH TO BE GIVEN IN WOR
17. BLANK FIELD - BANK FIELD OR BOX CAN BE BLANKED
18. NOT TRANSPORT DOCUMENT - DOCUMENTS COMMONLY USED IN RELATION TO TRANSPORTATION OF GOO
CARGO RECEIPT, FORWARDERS CERTIFICATE OF RECEIPT-SHIPMENT-TRANSPORT-CARG RECEIPT AND MATE
IN UCP 19-25 THESE DOCUMENTS ARE TO BE EXAMINED AS PER CREDIT OR AS PER UCP 14 F
FOR THESE DOCUMENTS CONDITION OF A CREDIT THAT PRESENTATION IS TO OCCUR WITHIN A CERTAIN NUM
WILL BE DISREGARDED AND PRESENTATION MAY BE MADE AT ANY TIME, BUT IN ANY EVENT NOT LATER THAN
BUT IF CREDIT REQUIRES PRESENTATION AFTER CERTAIN NUMBER OF DAYS AFTER ISSUANCE OF THE ABOVE
(EXAMPLE CARGO RECEIPT TO BE PRESENTED WITH IN 10 DAYS OF ISSUE)
THE DEFAULT PERIOD OF 21 DAYS IS NOT APPLICABLE FOR THESE ONLY APPLYS IF ORIGINAL TRASPORT DOC
19. THE EXPRESSIONS- " SHIPPING DOCUMENTS", "STALE DOCUMENTS ACCEPTABLE ", "THIRD PARTY DOCUME
"EXPORTING COUNTRY", SHIPPING COMPANY" AND "DOCUMENT ACCEPTABLE AS PRESENTED" SHOULD NOT B
IF THEY ARE USED AND THEIR MEANING IS NOT DEFINED IN THE CREDIT THEY SHALL HAVE THE FOLLOWING M
a. SHIPPING DOCUMENTS - ALL DOCUMENTS REQUIRED BY THE CREDIT, EXCEPT DRAFTS , TELE-TRANSMISSIO
CERTIFICATES OF POSTING EVIDENCING THE SENDING OF DOCUMENTS
b. STALE DOCUMENTS ACCEPTABLE - DOCUMENTS MAY BE PRESENTED LATER THAN 21 DAYS AFTER THE OF
LATER THAN EXPIRY DATE. THIS WILL ALSO APPLY WHEN THE CREDIT SPECIFIES A PERIOD FOR PRESENTATIO
c. "THIRD PARTY DOCUMENTS ACCEPTABLE" - ALL DOCUMENTS FOR WHICH THE CREDIT DO NOT INDICATE AN
OR ENTITY OTHER THAN THE BENEFICIARY
d. "THIRD PARTY DOCUMENTS NOT ACCEPTABLE" - HAS NO MEANING WILL BE DISGARDED
e. "EXPORTING COUNTRY" - THE COUNTRY WHERE THE BENEFICIARY IS DOMICILED OR THE COUNTRY OF ORIG
OR THE COUNTRY FROM WHICH SHIPMENT OR DISPATCH IS MADE
f. "SHIPPING COMPANY" - P WHEN USED IN THE CONTEXT OF THE ISSUER OF A CERTIFICATE, CERTIFICATION O
- ANY ONE OF FOLLOWING: CARRIER, MASTER OR WHEN A CHARTER PARTY BILL OF LADING IS PRESENTED, T
AN AGENT OF ANY ONE OF THE AFOREMENTIONED REGARDLESS OF WHEATHER IT ISSUED OR SIGNED THE P
g. "DOCUMENTS ACCEPTABLE AS PRESENTED"- SUBJECT TO WITHIN EXPIRY AND WITHIN LC AVAILABLE BALLA
FOR COMPLIANCE UNDER THE LC OR UCP, INCLUDING WHEATHER THEY ARE PRESENTED IN THE REQUIRED N
20. ISSUER OF DOUMENT- WHEN CREDIT REQUIRES DOCUMENTS TO BE ISSUED ON THE NAME OF THE ISSUER
IS NOT AVAILABLE IT SHOULD BE ISSUED IN COMPLETE AND SIGNED AND STAMPED
21. LANGUAGE OF THE CREDIT- WHEN A CREDIT STIPULATES THE LANGUAGE OF THE DOCUMENTS TO BE PRE
ARE TO BE IN THAT LANGUAGE. WHEN CREDIT IS SCILENT WITH RESPECT TO THE LANGUAGE DOCUMENTS TO
TWO OR MORE ACCEPTABLE LANGUAGES, A CONFIRMING BANK OR A NOMINATED BANK ACTING ON ITS NOMIN
LANGUAGES AS A CONDITION OF IS INVOLVEMENT IN THE CREDIT, IN SUCH CASE THE DATA CONTAINED IN TH
LANGUAGE OR LANGUAGES. IF ACCEPTS SCRUTINY TO BE DONE IN ALL THE LANGUAGES. BANK DO NOT EXAM
THAT IS ADDITIONAL TO THAT REQUIRED OR ALLOWED IN THE CREDIT. BUT NAME OF THE PERSON OR ENTITY
AND THE PRE-PRINTED TEXT SHOWN ON A DOCUMENT OR HEADINGS MAY BE IN LANGUAGE OTHER THAT THE
22. MATHEMATICAL CALCULATIONS- WHEN THE PRESENTED DOCUMENTS INDICATES MATHEMATICAL CALCUL
OF CRITERIA SUCH AS AMOUNT QUANTITY,WEIGHT OR NUMBER OF PACKAGES DOES NOT CONFLICT WITH THE
23. MISSPELLING OR TYPING ERRORS - A MISSPELLING OR TYPING ERROR THAT DOES NOT EFFECT THE MEA
MAKE A DOCUMENT DISCRIPANT. FOR EXAMPLE, A DESCRIPTION OF THE GOODS SHOWN AS "MASHINE" INSTE
NOT BE REGARDED AS CONFLICT OF DATA UNDER UCP. HOWEVER, A DESCRIPTION SHOWN AS, "MODEL 123" I
OF DATA.
24. MULTIPLE PAGES AND ATTACHMENTS OR RIDERS- WHEN A DOCUMENT CONSIST OF MORE THAN ONE PAG
OF THE SAME DOCUMENT. UNLESS A DOCUMENT PROVIDES OTHERWISE, PAGES WHICH ARE PHYSICALLY BO
INTERNAL CROSS REFERANCES, HOWEVER NAMED OR TITLED WILL MEET THIS REQUIREMENT AND ARE TO BE
ARE REGARDED AS AN ATTACHMENT OR RIDER.
25.SIGNATURE OR ENDORSEMENT- WHEN A SIGNATURE OR ENDORSEMENT IS REQUIRED TO BE ON A DOCUM
OR THE DOCUMENT ITSELF DOES NOT INDICATE WHERE A SIGNATURE OR ENDORSEMENT IS TO APPEAR, THE
ON THE DOCUMENT
26. NON DOCUMENTARY CONDITION AND CONFLICT OF DATA - WHEN A CREDIT CONTAINS A CONDITION WITH
THEREWITH, (NON DOCUMENTARY CONDITION), COMPLIANCE WITH SUCH CONDITION NEED NOT BE EVIDENCE
ON ANY STIPULATED DOCUMENT. HOWEVER, DATA CONTAINED IN A STIPULATED DOCUMENT ARE NOT TO BE
EXAMPLE, WHEN A CREDIT INDICATES "PACKING IN WOODEN CASES". A DOCUMENT CONSISTING STATEMENT
27. ORIGINALS AND COPIES - A DOCUMENT BEARING AN APPARENTLY ORIGINAL SIGNATURE, MARK , STAMP O
ORIGINAL UNLESS IT STATES THAT IT IS A COPY. BANK DOES NOT DETERMINE WHEATHER SUCH A SIGNATURE
A MANUAL OR FACSIMILE FORM AND AS SUCH ANY DOCUMENT BEARING SUCH METHOD OF AUTHENTICATION
28. ORIGINAL DOCUMENT -DOCUMENTS ISSUED IN MORE THAN ONE ORIGINAL MAY BE MARKED "ORIGINAL" "D
WILL DIQUALIFY TO CONSIDER THAT DOCUMENT AS ORIGINAL.
29. NUMBER OF DOCUMENTS - THE NUMBER OF ORIGINALS TO BE PRESENTED IS TO BE AT LEAST THE NUMBE
WHEN A TRANSPORT DOCUMENT OR INSURANCE DOCUMENT INDICATES HOW MANY ORIGINALS HAVE BEEN IS
DOCUMENT IS TO BE PRESENTED, EXCEPT AS STATED IN H12 AND J7. WHEN A CREDIT REQUIRES PRESENTAT
DOCUMENTS, EXAMPLE 2/3 ORIGINAL BILL OF LADING, BUT DOES NOT PROVIDE ANY DISPOSAL INSTRUCTIONS
PRESENTATION MAY INCLUDE 3/3 ORIGINAL BILL OF LADING.
WHEN A CREDIT REQUIRES FOR EXAMPLE INVOICE, ONE INVOICE, INVOICE IN 1 COPY, INVOICE-1 COPY, IT WIL
ORIGINAL INVOICE.
WHEN INVOICE IN 4 COPIES OR INVOICE IN 4 FOLD WILL BE SATISFIED BY THE PRESENTATION OF ONE ORIGIN
PHOTOCPY OF INVOICE OR COPY OF INVOICE WILL BE SATISFIED BY THE PRESENTATION OF EITHER A PHOTO
PHOTOCOPY OF A SIGNED INVOICE WILL BE SATISFIED BY THE PRESENTATION OF EITHER OF PHOTOCOPY OR
OR WHEN NOT PROHIVITED A SIGNED ORIGINAL INVOICE
30. COPY REQUIRED NOT ORIGINAL- WHEN A CREDIT PROHIBITS THE PRESENTATION OF AN ORIGINAL DOCUM
NVOICE - ORIGINAL DOCUMENT NOT ACCEPTABLE IN LIEU OF PHOTOCOPY OR THE LIKE, ONLY A PHOTOCOPY
TO BE PRESENTED WHEN A CREDIT REQUIRES COPY OF TRANSPORT DOCUMENT AND DISPOSAL INSTRUCTIO
NO ORIGINAL TRANSPORT TO BE REQUIRED
31. SIGNING REQUIREMENT - ORIGINAL DOCUMENTS ARE TO BE SIGNED WHEN REQUIRED BY THE CREDIT, TH
OR UCP 600
COPIES OF DOCUMENTS NEED NOT BE SIGNED NOR DATED
32. SHIPPING MARK CREDIT DETAILS- WHEN A CREDIT SPECIFIES THE DETAILS OF A SHIPPING MARK, DOCUME
TO SHOW THOSE DETAILS.THE DATA IN A SHIPPING MARK INDICATED ON A DOCUMENT NEED NOT BE IN THE S
OR IN ANY OTHER DOCUMENT NEED NOT BE IN THE SAME SEQUENCE AS THOSE SHOWN IN THE CREDIT OR IN
33.SHIPPING MARK ADDITIONAL TEXT - A SHIPPING MARK INDICATED ON A DOCUMENT MAY SHOW DATA IN EX
CONSIDERED A "SHIPPING MARK" BY THE ADDITION OF INFORMATION SUCH AS, THE TYPE OF GOODS, WARNIN
OF FRAGILE GOODS OR NET AND GROSS WEIGHT OF THE GOODS
34. SHIPPING MARK CONFLICT OF DATA- TRANSPORT DOCUMENTS COVERING CONTAINERIZED GOODS OFTEN
A SEAL NUMBER, UNDER THE HEADING " SHIPPING MARK" OR SIMILAR. OTHER DOCUMENTS THAT SHOW A MO
THAT REASON.
THE FACT THAT SOME DOCUMENTS SHOW ADDITIONAL INFORMATION AS MENTIONED IN PARAGRAPH A33 AND
CONFLICT OF DATA AS PER UCP 14 D
35. SIGNATURES- A SIGNATURE AS REFFERED TO IN PARAGRAPH A31 NEED NOT BE HANDWRITTEN. DOCUMEN
(FOR EXAMPLE, A PRE PRINTED OR SCANNED SIGNATURE) PERFORATED SIGNATURE, STAMP, SYMBOL (FOR E
METHOD OF AUTHENTICATION.
A REQUIREMENT FOR A DOCUMENT TO BE "SIGNED AND STAMPED" OR A SIMILAR REQUIREMENT IS SATISFIED
OF THE SIGNING ENTITY TYPED, STAMPED, HAND WRITTEN, PRE-PRINTED OR SCANNED ON THE DOCUMENT E
A STATEMENT ON A DOCUMENT SUCH AS " THIS DOCUMENT HAS BEEN ELECTRONICALLY AUTHENTICATED" OR
MEANS AND REQUIRES NO SIGNATURE OR WORDS OF SIMILAR EFFECT DOES NOT, BY ITSELF REPRESENT AN
WITH THE SIGNATURE REQUIREMENTS OF UCP ARTICLE 3.
A STATEMENT ON A DOCUMENT INDICATING THAT AUTHENTICATION MAY BE VERIFIED OR OBTAINED THROUG
A FORM OF ELECTRONIC METHOD OF ELECTRONIC METHOD OF AUTHENTICATION IN ACCORDANCE WITH THE
NOT ACCESS SUCH WEBSITES TO VERIFY OR OBTAIN AUTHENTICATION
36. SIGNATURES 2- A SIGNATURE ON THE LETTERHEAD PAPER OF A NAMED PERSON OR ENTITY IS CONSIDER
UNLESS OTHERWISE STATED. THE NAMED PERSON OR ENTITY NEED NOT BE REPEATED NEXT TO THE SIGNAT
WHEN A SIGNATORY INDICATES IT IS SIGNING FOR OR ON BEHALF OF A BRANCH OF THE ISSUER, THE SIGANT
37- SIGNATURE -3- THE FACT THAT A DOCUMENT HAS A BOX, FIELD OR SPACE FOR A SIGNATURE DOES NOT IN
COMPLETED WITH A SIGNATURE. FOR EXAMPLE, A SIGNATURE IS NOT REQUIRED IN THE SPACE TITLED " SIGN
ON AN AIRWAYBILL OR "SIGNATURE OF SHIPPER" ON A ROAD TRANSPORT DOCUMENT.
38. SIGNATURE - 4 - WHEN A DOCUMENT INCLUDES WORDING SUCH AS " THIS DOCUNENT IS NOT VALID UNLES
OR ENTITY " OR WORDS OF SIMILAR EFFECT THE APPLICABLE BOX, FIELD OR SPACE IS TO CONTAIN A SIGNAT
IS COUNTERSIGNING THE DOCUMENTS
39. TITLE OF DOCUMENTS - DOCUMENTS MAY BE TITLED AS CALLED FOR IN THE CREDIT, BEAR A SIMMILAR TIT
MUST APPEAR TO FULLFILL THE FUNTION OF THE REQUIRED DOCUMENT. FOR EXAMPLE - A REQUIREMENT FO
CONTAINING PACKING DETAILS WHEATHER IT IS TITLED " PACKING LIST", "PACKING NOTE" "PACKING AND WEI
40. SEPARATE DOCUMENTS-DOCUMENTS REQUIRED BY A CREDIT ARE TO BE PRESENTED AS SEPARATE DOC
FOR AN ORIGINAL PACKING LIST AND AN ORIGINAL WEIGHT LIST WILL ALSO BE SATISFIED BY THE PRESENTAT
AND WEIGHT LIST, PROVIDED THAT SUCH DOCUMENT STATE BOTH PACKING AND WEIGHT DETAILS
41. MORE THAN ONE FUNCTION - A DOCUMENT REQUIRED BY A CREDIT THAT IS TO COVER MORE THAN ONE F
OR SEPARATE DOCUMENTS THAT APPEAR TO FULLFILL EACH FUNCTION. FOR EXAMPLE, REQUIREMENT OF CE
BY A PRESENTATION OF A SINGLE DOCUMENT OR BY SEPARATE DOCUMENT
PART - 2 - BILL OF EXCHANGE
1. BASIC REQUIREMENT - A DRAFT WHEN REQUIRED TO BE DRAWN ON THE BANK STATED IN THE CREDIT. BAN
ADRAFT CAN BE ENDORSED, IF NECESSERY.
2. TENOR-
i) THE TENOR STATED ON A DRAFT IS TO BE IN ACCRDANCE WITH THE TERMS OF THE CREDIT.
ii) WHEN A CREDIT REQUIRES A DRAFT TO BE DRAWN AT A TENOR OTHER THAN SIGHT OR
CERTAIN PERIOD AFTER SIGHT, IT MUST BE POSSIBLE TO ESTABLISH THE MATURITY DATE FROM THE DATA IN
iii) WHEN A CREDIT CALLS FOR DRAFT AT A TENOR 60 DAYS AFTER BILL OF LADING DATE AND WHEN THE DAT
" 60 DAYS AFTER BL DATE 13 MAY 2013" OR "60 DAYS AFTER 14 TH MAY 2013" OR "60 DAYS AFTER BL DATE" AN
WHEN BL DATE= DRAFT DATE OR "13 JULY 2013" IE 60 DAYS FROM BL DATE.
iv) WHEN THE TENOR REFERS TO, 60 DAYS FROM BL DATE MEANS ON BOARD DATE NOT BL ISSUE DATE. THE W
MATURITY DATES OF DRAFTS SIGNAFY THAT THE CALCULATION OF MATURITY DATE COMMENCES THE DAY FO
THE DATE OF AN EVENT STIPULATED IN THE CREDIT. FOR EXAMPLE, 10 DAYS AFTER OR FROM 4 MAY IS 14 MA
v) THE WORD FROM AND AFTER WHEN USED TO DETERMINE MATURITY DATES OF DRAFTS SIGNIFY THAT THE
FOLLOWING THE DATE OF THE DOCUMENT, SHIPMENT OR THE DATE OF AN EVENT STIPULATED IN THE CREDIT
vi) WHEN A CREDIT REQUIRES A BL AND DRAFTS ARE TO BE DRAWN, FOR EXAMPLE, AT 60 DAYS FROM OR AFT
UNLOADING AND RELOADING OF THE GOODS FROM ONE VESSEL TO ANOTHER AND SHOWING MORE THAN ON
SHIPMENT WAS EFFECTED, FROM A PORT WITHIN A PERMITTED GEOGRAPHICAL AREA OR RANGE OF PORTS,
CALCULATION OF THE MATURITY DATE. FOR EXAMPLE, A CREDIT REQUIRES SHIPMENT FROM ANY EUROPEAN
"A" FROM DUBLIN ON 14 MAY, WITH TRANSHIPMENT EFFECTED ON BOARD VESSEL "B" FROM ROTTERDAM ON 1
THE EARLIEST ON BOARD DATE IN EUROPEAN PORT I.E 14 MAY.
vii) WHEN A CREDIT REQUIRES A BILL OF LADING AND DRAFT ARE TO BE DRAWN FOR EXAMPLE AT 60 DAYS AF
OF BILL OF LADING IS PRESENTED UNDER ONE DRAFT. THE ON BOARD DATE OF THE LATEST BILL OF LADING W
3.MATURITY DATE- WHEN A DRAFT STATES A MATURITY DATE BY USING AN ACTRUAL DATE, THAT DATE IS TO
i)FOR DRAFT DRAWN FOR EXAMPLE " AT 60 DAYS SIGHT" , THE MATURITY DATE IS ESTABLISHED AS FOLLOWS
IN CASE OF A COMPLYING PRESENTATION, THE MATURITY DATE WILL BE 60 DAYS AFTER THE DAY OF PRESEN
I.E THE ISSUING BANK, CONFIRMING BANK OR A NOMINATED BANK THAT AGREES TO ACT ON ITS NOMINATION
IN THE CASE OF A NON-COMPLYING PRESENTATION
ii) WHEN SUCH DRAWEE BANK HAS NOT PROVIDED ANOTICE OF REFUSAL THE MATURITY DATE WILL BE 60 DAY
iii) WHEN THE DRAWEE BANK IS THE ISSUING BANK AND IT HAS PROVIDED A NOTICE OF REFUSAL AT THE LATE
WAIVER OF THE APPLICANT
iv) WHEN THE DRAWEE BANK IS A BANK OTHER THAN ISSUING BANK AND IT HAS PROVIDED A NOTICE OF REFU
ADVICE OF THE ISSUING BANK, THE UNDERTAKING TO HONOUR ON THE DUE DATE IS THAT OF THE ISSUING B
v)THE DRAWEE BANK IS TO ADVISE OR CONFIRM THE MATURITY DATE OF THE PRESENTER
vi) THE METHOD OF CALCULATION OF TENOR AND MATURITY DATES AS SHOWN ABOVE, ALSO APPLIES TO A C
NEGOTIATION I.E WHEN THERE IS NO REQUIREMENT FOR A DRAFT TO BE PRESENTED BY THE BENEFICIARY.
4. BANKING DAYS, GRACE DAYS , DELAY IN REMITTANCE - PAYMENT IS TO BE ON DUE DATE AT PLACE WHERE
DUE DATE IS A BANKING DAY IN THAT PLACE. WHEN THE DUE DATE IS A NON BANKING DAY, PAYMENT IS DUE
THE REMITTANCE OF FUNDS FOR EXAMPLE, GRACE DAYS - THE TIME IT TAKES TO REMIT FUNDS ETC, ARE NO
AS DEFINED BY THE DRAFT OR DOCUMENTS
5. DRAWING AND SIGNING -
i) A DRAFT IS TO BE DRAWN AND SIGNED BY THE BENEFICIARY AND TO INDICATE A DATE OF ISSUANCE.
ii) WHEN THE BENEFICIARY OR SCEOND BENEFICIARY HAS CHANGED ITS NAME AND THE CREDIT MENTIONS TH
NEW ENTITY PROVIDED THAT IT INDICATES "FORMALY KNOWN AS OLD NAME" OR WORDS OF SIMILAR EFFECT
iii) WHEN A CREDIT INDICATES THE DRAWEE OF A DRAFT BY ONLY STATING THE SWIFT ADDRESS OF THE BANK
OR THE FULL NAME OF THE BANK
iv) WHEN CREDIT IS AVAILABLE BY NEGOTIATION WITH A NOMINATED BANK OR ANY BANK, THE DRAFT IS TO BE
v) WHEN A CREDIT IS AVAILABLE BY ACCEPTANCE WITH ANY BANK, THE DRAFT IS TO BE DRAWN ON THE BANK
TO ACT ON ITS NOMINATION
vi) WHEN A CREDIT IS AVAILABLE BY ACCEPTANCE WITH A NOMINATED BANK OR ANY BANK AND THE DRAFT IS
CONFIRMING BANK ) AND IT DECIDES NOT TO ACT ON ITS NOMINATION, THE BENEFICIARY MAY CHOSE TO-
a.DRAW A DRAFT ON THE CONFIRMING BANK, IF ANY OR REQUEST THAT THE PRESENTATION BE FORWARDED
b. PRESENT THE DOCUMENT TO ANOTHER BANK THAT AGREES TO ACCEPT THE DRAFT DRAWN ON IT AND THE
CREDIT IS AVAILABLE WITH ANY BANK)
c. REQUEST THAT THE PRESENTATION BE FORWARDED TO THE ISSUING BANK IN THE FORM AS PRESENTED W
vi) WHEN A CREDIT IS AVAILABLE BY ACCEPTANCE WITH A CONFIRMING BANK AND THE DRAFT IS TO BE DRAW
NON-COMPLYING AND IT DECIDES NOT TO REINSTATE ITS CONFIRMATION, THE BENEFICIARY MAY REQUEST T
BANK IN THE FORM AS PRESENTED, WITH OR WITHOUT A DRAFT DRAWN ON THE ISSUING BANK.
6.AMOUNTS- A DRAFT TO BE DRAWN FOR THE AMOUNT DEMANDED UNDER THE PRESENTATION. THE AMOUNT
WHEN BOTH ARE SHOWN AND INDICATE THE CURRENCY AS STATED IN THE CREDIT. WHEN THE AMOUNT IN W
IS TO BE EXAMINED AS THE AMOUNT DEMANDED.
7. CORRECTION AND ALTERATION- ANY CORRECTION OF DATA ON A DRAFT IS TO APPEAR TO HAVE BEEN AUT
OR INITIALS OF THE BENEFICIARY. WHEN NO CORRECTION OF DATA IS ALLOWED IN A DRAT, AN ISSUING BANK
8. DRAFT DRAWN ON APPLICANT- A CREDIT MUST NOT BE ISSUED AVAILABLE BY A DRAFT DRAWN ON THE APP
OF A DRAFT ON THE APPLICANT AS ONE OF THE REQUIRED DOCUMENTS , IT IS TO BE EXAMINED ONLY TO THE
ACCORDING TO UCP 14 F.
PART-3- INVOICE
1. TITLE OF INVOICE- WHEN A CREDIT REQUIRES PRESENTATION OF AN "INVOIVE" WITHOUT FURTHER DESCRI
OF INVOICE( COMMERCIAL INVOICE, CUSTOMS INVOICE, TAX INVOICE , FINAL INVOICE, CONSULAR INVOICE ET
OR THE LIKE.
2.COMMERCIAL INVOICE- WHEN A CREDIT REQUIRES PRESENTATION OF A "COMMERCIAL INVOICE" THIS WILL
INVOICE EVEN WHEN SUCH DOCUMENT CONTAINS A STATEMENT THAT IT HAS BEEN ISSUED FOR TAX PURPOS
3.ISSUER OF AN INVOICE- AN INVOICE IS TO APPEAR TO HAVE BEEN ISSUED BY THE BENEFICIARY OR IN THE C
WHEN THE BENEFICIARY OR SCEOND BENEFICIARY HAS CHANGED ITS NAME AND THE CREDIT MENTIONS THE
"FORMALY KNOWN AS OLD NAME" OR WORDS OF SIMILAR EFFECT
4.DESCRIPTION OF GOODS, SERVICES OR PERFORMANCE AND OTHER GENERAL ISSUES RELATED TO INVOIC
i) THE DESCRIPTION OF THE GOODS, SERVICES OR PERFORMANCE SHOWN ON THE INVOICE IS TO CORRESPO
REQUIREMENT FOR A MINOR IMAGE. FOR EXAMPLE, DETAILS OF THE GOODS MAY BE STATED IN A NUMBER O
REPRESENT A DESCRIPTION OF THE GOODS CORRESPONDING TO THAT OF THE CREDIT.
ii) THE DESCRIPTION OF GOODS, SERVICES OR PERFORMANE ON AN INVOICE IS TO REFLECT WHAT HAS ACTR
WHEN THE GOODS DESCRIPTION IN THE CREDIT INDICATES A REQUIREMENT FOR SHIPMENT OF "10 TRUCKS
AN INVOICE MAY INDICATE SHIPMENT OF ONLY 4 TRUCKS PROVIDED THAT THE CREDIT DID NOT PROHIBIT PAR
BEEN SHIPPED(4 TRUCKS) MAY ALSO CONTAIN THE DESCRIPTION OF THE GOODS STATED IN THE CREDIT I.E 1
iii) AN INVOICE SHOWING A DESCRIPTION OF THE GOODS, SERVICES OR PERFORMANCE THAT CORRESPONDS
IN ESPECT OF THE GOODS, SERVICES OR PERFORMANCE PROVIDED THAT THEY DO NOT APPEAR TO REFFER
GOODS AS " IMITATION SUEDE SHOES" OR WHEN THE CREDIT REQUIRES " HYDRAULIC DRILLING RIG" BUT THE
DRILLING RING", THESE DESCRIPTION WOULD REPRESENT A CHANGE IN NATURE, CLASSIFICATION OR CATEG
iv) AN INVOICE IS TO INDICATE-
a) THE VALUE OF THE GOODS SHIPPED OR DELIVERED OR SERVICES OR PERFORMANCE PROVIDED.
b) UNIT PRICES WHEN STATED IN THE CREDIT.
c) THE SAME CURRENCY AS THAT SHOWN IN THE CREDIT.
d) ANY DISCOUNT OR DEDUCTION REQUIRED BY THE CREDIT.
v) AN INVOICE MAY INDICATE A DEDUCTION COVERING ADVANCE PAYMENT, DISCOUNT ETC, THAT IS NOT STAT
vi) WHEN A TRADE TERM IS STATED AS PART OF THE GOODS DESCRIPTION IN THE CREDIT, AN INVOICE IS TO I
TERM IS STATED, THE SAME SOURSE IS TO BE INDICATED. FOR EXAMPLE, A TRADE TERM INDICATED IN THE C
ON AN INVOICE AS "CIF SINGAPORE" OR "CIF SINGAPORE IMCOTERMS". HOWEVER, WHEN A TRADE TERM IS ST
INCOTERMS 2010" OR ANY OTHER REVISION.
vii) ADDITIONAL CHARGES AND COSTS, SUCH AS THOSE RELATED DOCUMENTATION, FREIGHT OR INSURANCE
THE STATED TRADE TERM ON THE INVOICE.
viii) AN INVOICE NEED NOT BE SIGNED OR DATED.
ix) ANY TOTAL QUANTITY OF GOODS AND THEIR WEIGHT OR MEASUREMENT SHOWN ON THE INVOICE IS NOT T
x) AN INVOICE IS NOT TO INDICATE:
a. OVER-SHIPMENT( EXCEPT AS PROVIDED IN UCP 30-B)
b. GOODS, SERVICES OR PERFORMANCE NOT CALLED FOR IN THE CREDIT. THIS APPLIES EVEN WHEN THE INV
SERVICES OR PERFORMANCE AS REQUIRED BY THE CREDIT OR SAMPLES AND ADVERTISING MATERIAL AND A
xi) CREDIT NOT MENTIONED TOLLERANCE BUT INVOICE MENTIONED 5% TOLLERANCE ON QUANTITY ALLOWED
OR STATES THAT QUANTITY IN TERMS OF STIPULATED NUMBER OF PACKING UNITS OR INDIVIDUAL ITEMS.
BUT NOT ALLOWED FOR AMOUNT.
xi) WHEN NO QUANTITY OF GOODS IS STATED IN THE CREDIT, AND PARTIAL SHIPMENTS ARE PROHIBITED, AN
AMOUNT WILL BE CONSIDERED TO COVER THE FULL QUANTITY AND NOT A PARTIAL SHIPMENT.
5.INSTALLMENT DRAWINGS OR SHIPMENTS-
WHEN A DRAWINGS OR SHIPMENTS BY INSTALLMENTS WITHIN GIVEN PERIODS IS STIPULATED IN THE CREDIT
PERIOD ALLOWED FOR THAT INSTALLMENT, THE CREDIT CEASES TO BE AVAILABLE FOR THAT AND ANY SUBSE
OF DATES OR TIMELINES THAT DETERMINE A START AND END DATE FOR EACH INSTALLMENT. FOR EXAMPLE,
IN APRIL IS AN EXAMPLE OF TWO PERIODS OF TIME THAT START ON 1 MARCH AND 1 APRIL AND ENDS ON 31 M
WHEN PARTIAL DRAWINGS OR SHIPMENTS ARE ALLOWED, ANY NUMBER OF DRAWINGS OR SHIPMENTS IS PER
WHEN A CREDIT INDICATES A DRAWING OR SHIPMENT SCHEDULE BY ONLY INDICATING A NUMBER OF LATEST
32 WILL NOT APPLY. THE PRESENTATION IS TO OTHERWISE COMPLY WITH ANY INSTRUCTIONS IN RESPECT OF
WHEN PARTIAL DRAWINGS OR SHIPMENTS ARE ALLOWED, ANY NUMBER OF DRAWINGS OR SHIPMENTS IS PER
PART - 4 - TRANSPORT DOCUMENT -MULTIMODAL / BILL OF LADING / NON NEGOTIABLE BILL OF LADING/ AIRW
1.APPLICATION- A REQUIREMENT IN A CREDIT FOR THE PRESENTATION OF A TRANSPORT DOCUMENT, HOWEV
AT LEAST TWO DIFFERENT MODES OF TRANSPORT MEANS MULTIMODAL TRANSPORT DOCUMENT.
WHEN PORT TO PORT (IN CASE OF AWB AIRPORT TO AIRPORT)SHIPMENT AND THERE IS NO REFERANCE TO P
OR FINAL DESTINATION MEANS ITS BILL OF LADING.
A REQUIREMENT IN A CREDIT FOR THE PRESENTATION OF A TRASPORT DOCUMENT COVERING MOVEMENT O
MEANS THAT UCP600 ARTICLE 24 IS TO BE APPLIED IN THE EXAMINATION OF THAT DOCUMENT.
2. MODE OF TRANSPORT INDICAION IN MULTIMODAL OR COMBINED TRANSPORT DOCUMENT- IS NOT TO INDIC
BY ONLY ONE MODE OF TRANSPORT, BUT IT MAY BE SILENT REGARDING SOME OR ALL OF THE MODES OF TR
3. INDICATION OF CHARTER PARTY- A TRANSPORT DOCUMENT IS NOT TO CONTAIN ANY INDICATION OF A CHA
A TRANSPORT DOCUMENT HOWEVER NAMED CONTAINING ANY INDICATION THAT IT IS SUBJECT TO, OR ANY R
A CHARTER PARTY BILL OF LADING.
A TRANSPORT DOCUMENT, HOWEVER NAMED, INDICATING EXPRESSIONS SUCH AS "FREIGHT PAYABLE AS PE
A DATE) OR "FREIGHT PAYABLE AS PER CHARTER PARTY" WILL BE AN INDICATION THAT IT IS SUBJECT TO CHA
A TRANSPORT DOCUMENT , HOWEVER NAMED, CONTAINING A CODE NAME OR FORM NAME USUALLY ASSOSIA
"CONGENBILL" OR "TANKER BILL OF LADING" WITHOUT ANY FURTHER INDICATION OR REFERANCE TO A CHART
OR REFERANCE TO, A CHARTER PARTY.
4. PORT WITH INLAND PLACE FOR MULTIMODAL TRANSPORT DOCUMENT - WHEN A CREDIT REQUIRES THE PR
AND IT IS CLEAR FROM THE ROUTING OF THE GOODS STATED IN THE CREDIT THAT MORE THAN ONE MODE OF
IS TO BE UTILIZED, FOR EXAMPLE WHEN PORT OF LOADING AND PLACE OF LOADING, PORT OF DISCHARGE AN
IN FACT AN INLAND PLACE AND NOT A PORT UCP ARTICLE 19 WILL BE APPLIED.
5. HEADING NOT REQUIRED - IN ALL PLACES WHERE THE TERM " MULTIMODAL TRANSPORT DOCUMENT" OR "C
IS NOT NECESSERY TO INCLUDE THIS WORDINGS OR HEADINGS IN THE DOCUMENT.
WHEN A BILL OF LADING NEED NOT BE TITLED "MARINE BILL OF LADING" , "OCEAN BILL OF LADING", "PORT TO
NO SUCH WORDING REQUIRED IN THE DOCUMENT.
AIR TRANSPORT DOCUMENT NEED NOT BE TITLED "AIRWAY BILL", "AIR CONSIGNMENT NOTE", OR WORDS OF S
REQUIRED DOCUMENT.
6. ISSUED BY ANY ANTITY- A TRANSPORT DOCUMENT MAY BE ISSUED BY ANY ENTITY OTHER THAN A CARRIER
THAT IT MEETS THE REQUIREMENTS OF UCP
7.SIGNATURE-
i) SIGNING CAPACITY- WHEN A CREDIT INDICATES "FREIGHT FORWARDERS TRANSPORT DOCUMENT IS ACCEP
IS ACCEPTABLE" OR WORDS OF SIMILAR EFFECT, A DOCUMENT MAY BE SIGNED BY ISSUING ENTITY WITHOUT
TO INDICATE THE CAPACITY IN WHICH IT HAS BEEN SIGNED OR THE NAME OF THE CARRIER
ii) CREDIT MENTIONS EXAMINATION PROCESS- A STIPULATION IN A CREDIT THAT "FREIGHT FORWARDERS TRA
OR "HOUSE TRANSPORT DOCUMENTS ARE NOT ACCEPTABLE" OR WORD WITH SIMILAR EFFECT HAS NO MEAN
SPECIFIC REQUIREMENTS DETAILING HOW DOCUMENT IS TO BE ISSUED AND SIGNED. IN THE ABSENCE OF TH
IS TO BE DISGARDED, AND THE TRANSPORT DOCUMENT PRESENTED IS TO BE EXAMINED ACCORDING TO THE
iii) CARRIER SIGNATURE- A MULTIMODAL TRANSPORT DOCUMENT TO BE SIGNED IN THE FORM DESCRIBED IN U
WHEN A MULTIMODAL TRANSPORT DOCUMENT IS SIGNED BY A NAMED BRANCH OF THE CARRIER, THE SIGNAT
iv) CARRIER AGENT SIGNATURE- WHEN AN AGENT SIGNS A MULTIMODAL TRANSPOT DOCUMENT ON BEHALF O
TO INDICATE THAT IT IS SIGNING AS " AGENT FOR (NAME) , THE CARRIER" OR AS "AGENT ON BEFALF OF THE C
v) MASTER SIGNATURE- WHEN THE MASTER (CAPTAIN) SIGNS A MULTIMODAL TRANSPORT DOCUMENT, THE SI
IDENTIFIED AS THE MASTER/CAPTAIN. THE NAME OF THE MASTER/CAPTAIN NEED NOT BE STATED.
vi) MASTER AGENT SIGNATURE- WHEN AN AGENT SIGNS A MULTIMODAL TRANSPORT DOCUMENT ON BEHALF O
NAMED AND IN ADDITION TO INDICATE THAT IT IS SIGNING AS " AGENT FOR THE MASTER/CAPTAIN OR AGENT
OF SIMILAR EFFECT. THE NAME OF THE MASTER/CAPTAIN NEED NOT BE STATED.
vii) A CHARTER PARTY BILL OF LADING IS TO BE SIGNED ONLY BY THE MASTER, OWNER/CHARTER OR THEIR A
viii) MASTER IS NOT APPLICABLE FOR AIRWAY BILL. AND THE CARRIER IS TO BE IDENTIFIED BY ITS NAME INSTE
AIRWAYS INSTEAD OF BA, LUFTHANSA OF LH.
14.DATE OF SHIPMENT-
1. AN AIR TRANSPORT DOCUMENT IS TO INDICATE THAT THE GOODS HAVE BEEN ACCEPTED FOR CARRIGE OR
2. FOR AIR TRANSPORT DOCUMENT DATE OF ISSUANCE OR NOTATION OF ACTRUAL DATE OF SHIPMENT IS TH
ANY OTHER INFORMATION APPEARING ON AN AIR TRANSPORT DOCUMENT FOR EXAMPLE- IN A BOX LABELED
"OR ROUTING AND DESTINATION" IS TO BE DISGARDED IN DETERMINATION OF THE DATE OF SHIPMENT.
2. THE ISSUANCE DATE OF A TRANSPORT DOCUMENT WILL BE DEEMED TO BE - THE DATE OF RECEIPT, DISPAT
OR SHIPMENT ON BOARD FROM THE PLACE, PORT OR AIRPORT STATED IN THE CREDIT. IN THE LATEST EVENT
THE DATE OF SHIPMENT, WHEATHER THAT DATE IS BEFORE OR AFTER THE ISSUANCE DATE OF THE TRANSPO
DATED NOTATION MAY ALSO BE INDICATED IN THE DESIGNATED FIELD OR BOX.
3. WHEN A PRE-PRINTED "SHIPPED ON BOARD" BILL OF LADING IS PRESENTED, ITS ISSUANCE DATE WILL BE D
BEARS A SEPARATE DATED ON BOARD NOTATION. THE ON BOARD DATE MAY ALSO BE INDICATED IN A DESIGN
4. NOTWITHSTANDING THAT A CREDIT MAY REQUIRE A BILL OF LADING TO EVIDENCE A PORT TO PORT SHIPME
WHEN :
i) A BILL OF LADING INDICATES A PLACE OF RECEIPT THAT IS THE SAME AS THE PORT OF LOADING, FOR EXAM
NO INDICATION OF A MEANS OF PRE-CARRIAGE (EITHER IN THE PRE-CARRIGE FIELD OR THE PLACE OF RECEI
ii) A BILL OF LADING INDICATE A PLACE OF RECEIPT DIFFERENT FROM THE PORT OF LOADING , FOR EXAMPLE
ROTTERDAM AND THE IS NO INDICATION OF A MEANS OF PRE-CARRIGE (EITHER IN PRE-CARRIGE FIELD OR PL
THEN:
a) WHEN A BILL OF LADING IS PRE-PRINTED "SHIPPED ON BOARD" , THE DATE OF ISSUE WILL BE DEEMED TO B
NOTATION WILL BE DEEMED TO BE THE DATE OF SHIPMENT. THE ON BOARD DATE MAY ALSO BE INDICATED IN
b) WHEN A BILL OF LADING IS PRE-PRINTED "RECIVED FOR SHIPMENT" A DATED ON BOARD NOTATION IS REQU
DEEMED TO BE THE DATE OF SHIPMENT. THE ON BOARD DATE MAY ALSO BE INDICATED IN A DESIGNATED FIE
4. NOTTHSTANDING THAT A CREDIT MAY REQUIRE A BILL OF LADING TO EVIDENCE A PORT-TO PORT SHIPMEN
i) WHEN BILL OF LADING INDICATES A PLACE OF RECEIPT DIFFERENT FROM THE PORT OF LOADING, FOR EXAM
ROTTERDAM AND THE IS INDICATION OF A MEANS OF PRE-CARRIGE (EITHER IN PRE-CARRIGE FIELD OR PLACE
"SHIPMENT ON BOARD" OR "RECEIVED FOR SHIPMENT", IT IS TO BEAR A DATED ON BOARD NOTATION WHICH A
PORT OF LOADING STATED IN THE CREDIT. SUCH NOTATION MAY ALSO APPEAR IN A DESIGNATED FIELD OR B
DESIGNATED FIELD OR BOX WILL BE DEEMED TO BE THE DATE OF SHIPMENT.
ii) WHEN A BILL OF LADING INDICATES A MEANS OF PRE-CARRIGE (EITHER IN THE PRE-CARRIGE FIELD OR PLA
IS STATED OR WHEATHER IT IS PRE- PRINTED "SHIPPED ON BOARD" OR " RECEIVED FOR SHIPMENT", IT IS TO B
THE NAME OF THE VESSEL AND THE PORT OF LOADING STATED IN THE CREDIT. SUCH NOTATION MAY ALSO A
IN THE ON BOARD NOTATION OR DESIGNATED FIELD OR BOX WILL DEEMED TO BE THE DATE OF SHIPMENT.
5. A BILL OF LADING INDICATES WORDING SUCH AS "ON BOARD" , "LOADED ON BOARD " OR WORD WITH SIMIL
TO BE ON BOARD THE MEANS OF TRANSPORTATION PERFORMING THE CARRIGE FROM THE PLACE OF RECEIP
AND IF IN ADDITION THE PLACE OF RECEIPT BOX IS COMPLETED, A BILL OF LADING IS TO BEAR A DATED ON BO
IS ALSO TO INDICATE THE NAME OF THE VESSEL AND THE PORT OF LOADING STATED IN THE CREDIT. SUCH N
THE DATE APPEARING IN THE DESIGNATED FIELD OR BOX WILL BE TREATED AS DATE OF SHIPMENT
15. PORT OF LOADING IN CREDIT
a) WHEN A CREDIT REQUIRES SHIPMENT TO COMMENCE FROM A PORT, I.E WHEN THE FIRST LEG OF THE JOUR
THE NAMED PORT OF LOADING SHOULD APPEAR IN THE PORT OF LOADING FIELD .
b) HOWEVER, IT MAY ALSO BE STATED IN THE FIELD HEADED "PLACE OF RECEIPT" OR WORDS WITH SIMILAR E
A DATED ON BOARD NOTATION.
c) WHEN A CREDIT STATES PLACE OF RECEIPT/DISCHARGE/TAKING IN CHARGE/PORT OF LOADING/AIRPORT O
IN THE CREDIT WITH COUNTRY, COUNTRY NEED NOT BE STATED IN THE TRANSPORT DOCUMENT.
d) WHEN A CREDIT INDICATES A GEOGRAPHICAL AREA OR RANGE OF PLACES OF RECEIPT, DISPATCH, TAKING
(FOR EXAMPLE, ANY EUROPEAN COUNTRY ), A MULTIMODAL TRANSPORT DOCUMENT IS TO INDICATE A ACTRU
OF LOADING OR AIRPORTS OF DEPURTURE, WHICH IS TO BE, WHICH IS TO BE WITHIN THAT GEOGRAPHICAL A
DOCUMENT NEED NOT INDICATE THE GEOGRAPHICAL AREA.
e) WHEN A BILL OF LADING INDICATES MORE THAN ONE PORT OF LOADING, IT IS TO EVIDENCE AN ON BOARD N
OF LOADING , REGARDLESS OF WHEATHER IT IS PRE-PRINTED "RECEIVED FOR SHIPMENT" OR "SHIPPED ON B
HAS BEEN EFFECTED FROM BRISBANE AND ADELAIDE, A DATED ON BOARD NOTATION IS REQUIRED FOR BOTH
f) FOR AWB, THE AIRPORT OF DEPARTURE AND AIRPORT OF DESTINATION MAY ALSO BE INDICATED BY USE O
THE AIRPORT NAME IN FULL (FOR EXAMPLE, LAX INSTEAD OF LOS ANGELES)
g) FOR RAILWAY,ROAD WAY, INLAND WATERWAY TRANSPORT. THE TERM CARRIER INCLUDES - ISSUING CARR
CONTRACTING CARRIER
h) A RAIL TRANSPORT DOCUMENT MAY BEAR A DATE STAMP BY THE RAILWAY COMPANY OR RAILWAY STATIO
CARRIER, OR A NAMED AGENT SIGNING ON BEHALF OF THE CARRIER.
19.TERMS - SUCH AS " SHIPPED IN APPARENT GOOD ORDER" , " LADEN ON BORD" , " CLEAN ON BOARD" , OR OT
HAVE THE SAME EFFECT AS THE WORDS "SHIPPED ON BOARD" .
20. PORT OF DISCHARGE-
WHEN A CREDIT REQUIRES SHIPMENT TO BE EFFECTED TO A PORT, THE NAMED PORT OF DISCHARGE SHOUL
PORT OF DISCHARGE FIELD. HOWEVER, THE NAMED PORT OF DISCHARGE MAY BE STATED IN THE FIELD HADE
WORD WITH SIMILAR EFFECT. FOR EXAMPLE, WHEN A CREDIT REQUIRES SHIPMENT TO BE EFFECTED TO FELI
THE PLACE OF FINAL DESTINATION INSTEAD OF THE PORT OF DISCHARGE, THIS MAY BE EVIDENCED BY A NOT
GEOGRAPHICAL AREA AND COUNTRY NEED NOT BE STATED, EVEN IF STATED IN THE CREDIT (CHECK POINT 1
21. ORIGINAL- A TRANSPORT DOCUMENT IS TO INDICATE NUMBER OF ORIGINALS THAT HAVE BEEN ISSUED. TR
"SCEOND ORIGINAL" THIRD ORIGINAL" OR "ORIGINAL" "DUPLICATE" "TRIPLICATE" OR SIMILAR EXPRESSIONS AR
AN AIR TRANSPORT DOCUMENT IS TO APPEAR TO BE THE ORIGINAL FOR CONSIGNOR OR SHIPPER. WHEN A C
BY THE PRESENTATION OF AN AIR TRANSPORT DOCUMENT INDICATING THAT IT IS THE ORIGINAL FOR CONSIG
22. STRAIGHT AND TO ORDER- WHEN A CREDIT REQUIRES A MULTIMODAL TRANSPORT DOCUMENT TO EVIDEN
FOR EXAMPLE "CONSIGNED TO NAMED PARTY" I.E STRAIGHT MULTIMODAL TRANSPORT DOCUMENT OR CONS
EXPRESSIONS "TO ORDER" OR "TO ORDER OF" PRECEEDING THE NAME OF THE ENTITY AND WHEN INDICATES
TO INDICATE STRAIGHT CONSIGNED TO NAMED PARTY WHEN A MULTIMODAL TRANSPORT DOCUMENT IS ISSU
IT IS TO BE ENDORSED BY THE SHIPPER. AN ENDORSEMENT MAY BE MADE BY A NAMED ENTITY OTHER THAN
IS MADE ON BEHALF OF THE SHIPPER.
23. NOTIFY PARTY- WHEN A CREDIT STIPULATES THE DETAILS OF ONE OR MORE NOTIFY PARTIES, A MULTIMO
DETAILS OF ONE OR MORE ADDITIONAL NOTIFY PARTIES. WHEN A CREDIT DOES NOT INDICATE THE DETAILS O
DOCUMENT MAY INDICATE THE DETAILS OF NOTIFY PARTY IN ANY MANNER. WHEN A CREDIT DOES NOT STIPU
THE DETAILS OF APPLICANT APPEAR AS NOTIFY PARTY ON A MULTIMODAL TRANSPORT DOCUMENT AND THES
AND CONTACT DETAILS, THEY ARE NOT TO CONFLICT WITH THOSE STATED IN THE CREDIT.
24. ISSUING BANK AND APPLICANT NAME- WHEN A CREDIT REQUIRES A MULTIMODAL TRANSPORT DOCUMEN
OF " ISSUING BANK" OR "APPLICANT" OR NOTIFY "APPLICANT" OR "ISSUING BANK" A MULTIMODAL TRANSPORT
THE ISSUING BANK OR APPLICAT, AS APPLICABLE, BUT NEED NOT INDICATE THEIR RESPECTIVE ADDRESS OR
WHEN THE ADDRESS AND CONTACT DETAILS OF THE APPLICANT IS IN CONSIGNEE/NOTIFY PARTY - THEY ARE
25. TRANSSHIPMENT- IN MULTIMODAL TRANSPORT DOCUMENT TRANSHIPMENT WILL OCCUR. TRANSSHIPMEN
ONE MEANS OF CONVEYANCE(WHEATER OR NOT IN DIFFERENT MODES OF TRANSPORT) DURING THE CARRIG
26. PARTIAL SHIPMENT- SHIPMENT ON MORE THAN ONE MEANS OF CONVEYANCE ( MORE THAN ONE TRUCK, V
EVEN WHEN SUCH MEANS OF CONVEYANCE LEAVES LEAVES ON THE SAME DAYS FOR THE SAME DESTINATIO
WHEN A CREDIT PROHIBITS PARTIAL SHIPMENTS AND MORE THAN ONE SET OF ORIGINAL MULTIMODAL TRANS
TAKING IN CHARGE FROM ONE OR MORE POINTS OF ORIGIN (AS SPECIFICALLY ALLOWED, OR WITHIN A GEOG
EACH SET TO INDICATE THAT IT COVERS THE CARRIGE OF GOODS ON THE SAME MEANS OF CONVEYNANCE A
SAME DESTINATION. IF DIFFERENT DATES OF RECEIPT, DISPATCH, TAKING IN CHARGE OR SHIPMENT IS THERE
WHEN PARTIAL SHIPMENT IS ALLOWED AND MORE THAN ONE SET OF ORIGINAL MULTIMODAL TRANSPORT DO
MADE UNDER ONE COVERING SCHEDULE OR LETTER AND INCORPORATE DIFFERENT DATES OF RECEIPT, ON
DATES TO BE USED FOR THE CALCULATION OF ANY PRESENTATION PERIOD AND EACH OF THE DATE MUT FAL
27. CLAUSE- A MULTIMODAL TRANSPORT DOCUMENT IS NOT TO INCLUDE A CLAUSE OR CLAUSES THAT EXPR
OR THEIR PACKAGING. FOR EXAMPLE, A CLAUSE ON A MULTIMODAL TRANSPORT DOCUMENT SUCH AS " PACK
OR WORDS OF SIMILAR EFFECT IS AN EXAMPLE OF A CLAUSE EXPRESSLY DECLARING A DEFECTIVE CONDITIO
A CLAUSE ON A MULTIMODAL TRANSPORT DOCUMENT SUCH AS " PACKAGING MAY NOT BE SUFFICINT FOR TH
EXPRESSLY DECLARE A DEFECTIVE CONDITION OF THE PACKAGING.
28. CLEAN- IT IS NOT NECESSERY FOR THE WORD "CLEAN" TO APPEAR ON A MULTIMODAL TRANSPORT DOCUM
TRANSPORT DOCUMENT TO BE MARKED "CLEAN ON BOARD" OR "CLEAN".
DETECTION OF THE WORD "CLEAN" ON A MULTIMODAL TRANSPORT DOCUMENT DOES NOT EXPRESSLY DECLA
OR THEIR PACKAGING.
29.GOODS DESCRIPTION- A GOODS DESCRIPTION INDICATED ON A TRANSPORT DOCUMENT MAY BE IN GENER
WITH THE GOODS DESCRIPTION IN THE CREDIT.
32. INDICATION OF NAME AND ADDRESS OF DELIVERY AGENT AT DESTINATION-
WHEN A CREDIT REQUIRES A MULTIMODAL TRANSPORT DOCUMENT TO INDICATE THE NAME, ADDRESS AND C
EFFECT AT OR FOR THE PLACE OF FINAL DESTINATION OR PORT OF DISCHARGE, THE ADDRESS NEED NOT BE
PORT OF DISCHARGE OR WITHIN THE SAME COUNTRY AS THAT OF THE PLACE OF DESTINATION OR PORT OF D
33. CORRECTION- ANY CORRECTION OF DATA ON A MULTIMODAL TRANSPORT DOCUMENT IS TO BE AUTHENT
CARRIER, MASTER OR ANY ONE OF THE NAMED AGENTS, WHO MAY BE DIFFERENT FROM THE AGENT THAT MA
DOCUMENT, PROVIDED THEY ARE IDENTIFIED AS AN AGENT OF THE CARRIER OR MASTER.
NON NEGOTIABLE COPIES OF A MULTIMODAL TRANSPORT DOCUMENT NEED NOT INCLUDE AUTHENTICATION O
THE ORIGINAL.
34.FREIGHT- A STATEMENT APPEARING ON A MULTIMODAL TRANSPORT DOCUMENT INDICATING THE PAYMEN
IN THE CREDIT BUT IS NOT TO CONFLICT WITH DATA IN THAT DOCUMENT, ANY OTHER STIPULATED DOCUMEN
REQUIRES A MULTIMODAL TRANSPORT DOCUMENT TO BE MARKED "FREIGHT PAYBLE AT DESTINATION" IT MA
WHEN A CREDIT STATES THAT COSTS ADDITIONAL TO FREIGHT ARE NOT ACCEPTABLE, A MULTIMODAL TRANS
TO THE FREIGHT HAVE BEEN OR WILL BE INCURRED.
AN INDICATION OF COSTS ADDITIONAL TO THE FREIGHT MAY BE MADE BY EXPRESS REFERANCE TO ADDITION
TO COSTS ASSOCIATED WITH THE LOADING OR UNLOADING OF GOODS, SUCH AS, FREE IN (FI), FREE OUT (FO
REFERANCE IN A MULTIMODAL TRANSPORT DOCUMENT TO COSTS WHICH MAY BE LEVIED FOR EXAMPLE, AS A
THE GOODS HAVE BEEN UNLOADED (DEMURRAGE COSTS) OR COSTS COVERING THE LATE RETURN OF CONT
ADDITIONAL TO FREIGHT.
WHEN A CREDIT REQUIRES A ROAD, RAIL, OR INLAND WATERWAY TRANSPORT DOCUMENT TO INDICATE THAT
AT DESTINATION , THIS WILL ALSO BE FULFILLED BY THE COMPLETION OF BOXES MARKED "FRANCO" (FREIGH
35. RELEASE OF GOODS WITH MORE THAN ONE MULTIMODAL TRANSPORT DOCUMENT TO BE SURRENDERED
A MULTIMODAL TRANSPORT DOCUMENT IS NOT TO EXPRESSLY STATE THAT GOODS COVERED BY THAT MULT
UPON ITS SURRENDER TOGETHER WITH ONE OR MORE OTHER MULTIMODAL TRANSPORT DOCUMENTS, UNLE
DOCUMENTS, FORM PART OF THE SAME PRESENTATION UNDER THE SAME CREDIT.
FOR EXAMPLE, CONTAINER XXXX IS COVERED BY B/L NO YYYY AND ZZZZ AND CAN ONLY BE RELEASED TO A
TRANSPORT DOCUMENT OF THAT MERCHANT" IS CONSIDERED TO BE AN EXPRESS STATEMENT THAT ONE OR
TO THE REFERANCED CONTAINER OR PACKING UNIT, MUST BE SURRENDERED PRIOR TO THE GOODS BEING R
RELEASE OF GOODS IS NOT APPLICABLE FOR NON NEGOTIABLE BILL OF LADING
36. CHARTER PARTY - UNLESS UCP 600 SUB-ARTICLE 22-B SPECIFICALLY EXCLUDED AND THE CREDIT SPECIF
TO WHAT EXTENTBANK DO NOT EXAMINE ANY CONTENT OF CHARTER PARTY CONTRACT, EVEN WHEN SUCH C
UNDER THE CREDIT.
PART - 5 - INSURANCE DOCUMENT
1. APPLICATION- A REQUIREMENT IN A CREDIT FOR THE PRESENTATION OF AN INSURANCE DOCUMENT, SUCH
OR DECLARATION UNDER AN OPEN COVER, MEANS UCP ARTICLE 28 IS TO BE APPLIED FOR EXAMINATION OF D
2. ISSUER, SIGNING AND ORIGINAL OF AN INSURANCE DOCUMENT
i) AN INSURANCE DOCUMENT IS TO APPEAR TO HAVE BEEN ISSUED AND SIGNED BY AN INSURANCE COMPANY
AN INSURANCE DOCUMENT ISSUED AND SIGNED BY " AA INSURANCE LTD" APPEARS TO HAVE BEEN ISSUED BY
ii) WHEN AN ISSUER IS IDENTIFIED AS "INSURER", THE INSURANCE DOCUMENT NEED NOT INDICATE THAT IT IS
iii) AN INSURANCE DOCUMENT MAY ALSO BE ISSUED ON AN INSURANCE BROKER'S STATIONARY, PROVIDED TH
INSURANCE COMPANY OR UNDERWRITER.
iv) AN INSURANCE DOCUMENT SIGNED BY THE AGENT OR PROXY IS TO INDIACTE THE NAME OF THE INSURANC
AGENT OR PROXY IS SIGNING, UNLESS THE INSURANCE COMPANY OR UNDERWRITTER NAME HAS BEEN IDEN
"AA INSURANCE LTD" HAS BEEN IDENTIFIED AS THE INSURER , THE DOCUMENT MAY BE SIGNED " JOHN DOE (B
v) WHEN AN INSURANCE DOCUMENT REQIRES A COUNTERSIGNATURE BY THE ISSUER, THE ASSURED OR A NA
vi) AN INSURANCE DOCUMENT MAY SHOW ONLY THE TRADING NAME OF THE INSURANCE COMPANY IN THE SIG
ELSEWHERE ON THE DOCUMENT, FOR EXAMPLE, WHEN AN INSURANCE DOCUMENT IS ISSUED AND SIGNED "A
AND ITS ADDRESS AND CONTACT INFORMATION IS SHOWS ELSEWHERE IN THE DOCUMENT.
vi) AN INSURANCE DOCUMENT THAT INDICATES THAT COVER IS PROVIDED BY MORE THAN ONE INSURER, MAY
FOR EXAMPLE AAINSURANCE CAN SIGN ON BEHALF OF ITS ALL CO INSURERS, ALSO NEED NOT TO SHOW THE
OF EACH INSURER.
vii) WHEN A CREDIT REQUIRES THE INSURANCE DOCUMENT TO BE ISSUED IN MORE THAN ONE ORIGINAL, OR W
ISSUED IN MORE THAN ONE ORIGINAL, ALL ORIGINALS ARE TO BE PRESENTED AND ARE TO APPEAR TO HAVE
3. DATES
1. AN INSURANCE DOCUMENT IS NOT TO INDICATE AN EXPIRY DATE FOR THE PRESENTATION OF ANY CLAIMS
2. NOT TO INDICATE THAT COVER IS EFFECTIVE FROM A DATE LATER THAN THE DATE OF SHIPMENT.
3. WHEN AN INSURANCE DOCUMENT INDICATES A DATE OF ISSUANCE LATER THAN THE DATE OF SHIPMENT, IT
COVERAGE IS EFFECTIVE FROM A DATE NOT LATER THAN THE DATE OF SHIPMENT.
4. AN INSURANCE DOCUMENT THAT INDICATES COVERAGE HAS BEEN EFFECTED FROM "WAREHOUSE TO WAR
LATER THAN THE DATE OF SHIPMENT.
5. IN ABSENCE OF ANY OTHER DATE STATED TO BE THE ISSUANCE DATE OR EFFECTIVE DATE OF INSURANCE
TO BE EVIDENCE OF THE EFFECTIVE DATE OF THE INSURANCE COVERAGE.
4. AMOUNT OF COVER AND PERCENTAGE -
1. WHEN A CREDIT DOES NOT INDICATE AN AMOUNT TO BE INSURED , AN INSURANCE DOCUMENT IS TO BE ISS
FOR THE AMOUNT INDICATED UNDER UCP . THERE IS NO MAXIMUM PERCENTAGE OF INSURANCE COVERAGE.
2. THERE IS NO REQUIREMENT FOR INSURANCE FOR INSURANCE COVERAGE TO CALCULATE MORE THAN TWO
3. AN INSURANCE DOCUMENT MAY INDICATE THAT COVER IS SUBJECT TO FRANCHISE OR EXCESS (DEDUCTAB
COVER TO BE IRRESPECTIVE OF PERCENTAGE THE INSURANCE DOCUMENT IS NOT TO CONTAIN A CLAUSE ST
FRANCHISE OR AN EXCESS (DEDUCTABLE).AN INSURANCE DOCUMENT NEED NOT STATE "IRRESPECTIVE OF P
4. WHEN IT IS APPARENT FROM THE CREDIT OR FROM THE PRESENTATION THAT THE AMOUNT DEMANDED ON
OF THE GOODS(FOR EXAMPLE, DUE TO DISCOUNTS, PRE PAYMENTS OR THE LIKE OR BECAUSE PART OF THE
CALCULATION OF INSURANCE COVER IS TO BE BASED ON THE FULL GROSS VALUE OF THE GOODS AS SHOWN
TO THE REQUIREMENT OF UCP
5. INSURANCE COVERING THE SAME RISK FOR THE SAME SHIPMENT IS TO BE COVERED UNDER ONE DOCUME
IS PRESENTED INDICATING PARTIAL COVER, AND EACH DOCUMENT CLEARLY REFLECTS, BY PERCENTAGE OR
a. A VALUE OF EACH INSURERS COVER
b. THAT EACH INSURER WILL BEAR ITS SHARE OF THE LIABILITY SEVERALLY AND WITHOUT PRE-CONDITIONS R
BEEN EFFECTED FOR THAT SHIPMENT.
c. THE RESPECTIVE COVERAGE OF ALL THE DOCUMENTS, WHEN TOTALED, EQUALS AT LEAST THE INSURED A
5. RISK TO BE COVERED
a. AN INSURANCE DOCUMENT HAVE TO COVER THE RISKS REQUIRED BY THE CREDIT.
EVEN THOUGH A CREDIT MAY BE EXPLICIT WITH REGARD TO THE RISKS TO BE COVERED, THERE MAY BE A RE
b. WHEN A CREDIT REQUIRES "ALL RISKS" COVERAGE, THIS IS SATISFIED BY THE PRESENTATION OF AN INSUR
OR NOTATION, WHEATHER OR NOT IT BEARS THE HEADING "ALL RISKS" , EVEN WHEN IT IS INDICATED THAT CE
INDICATING THAT IT COVERS INSTITUTE CARGO CLAUSES (A) OR INSTITUTE CARGO CLAUSES (AIR), WHEN DIS
CALLING FOR AN "ALL RISK " CLAUSE OR NOTATION.
6. INSURED PARTY AND ENDORSEMENT -
1. AN INSURANCE DOCUMENT IS TO BE IN THE FORM REQUIRED BY THE CREDIT AND WHERE NECESSERY, BE
TO WHOOM OR TO WHOOM ORDER THE CLAIM IS PAYABLE.
2. A CREDIT SHOULD NOT REQUIRE AN INSURANCE DOCUMENT TO BE ISSUED "TO BEARER" OR "TO ORDER". A
3. WHEN A CREDIT REQUIRES AN INSURANCE DOCUMENT TO BE ISSUED " TO ORDER OF (NAMED ENTITY)". THE
THAT THE NAMED ENTITY IS SHOWN AS THE INSURED PARTY OR CLAIMS ARE PAYABLE TO IT, AND ASSIGNMEN
4. WHEN A CREDIT IS SILENT AS TO THE INSURED PARTY, AN INSURANCE DOCUMENT IS NOT TO EVIDENCE TH
OF, THE BENEFICIARY OR ANY ENTITY OTHER THAN THE ISSUING BANK OR APPLICANT, UNLESS IT IS ENDORS
IN FAVOUR OF THE ISSUING BANK OR APPLICANT.
5. AN INSURANCE DOCUMENT IS TO BE ISSUED OR ENDORSED SO THAT THE RIGHT TO RECEIVE PAYMENT UN
THE DOCUMENTS.
7.GENERAL TERMS AND INSURANCE PREMIOUM -
BANK DO NOT EXAMINE GENERAL TERMS AND CONDITIONS IN AN INSURANCE DOCUMENT.
ANY INDICATION ON AN INSURANCE DOCUMENT REGARDING PAYMENT OF AN INSURANCE PREMIOUM IS TO BE
THAT IT IS NOT VALID OR THE PREMIOUM HAS AVTRUALY BEEN PAID AND THERE IS AN INDICATION THAT THE
PART - 6 - CERTIFICATE OF ORIGIN
1.BASIC REQUIREMENT
1. WHEN A CREDIT REQUIRES THE PRESENTATION OF A CERTIFICATE OF ORIGIN, THIS WILL BE SATISFIED BY T
TO RELATE TO THE INVOICED GOODS AND CERTIFIES THEIR ORIGIN.
2. WHEN A CREDIT REQUIRES THE PRESENTATION OF A SPECIFIC FORM OF CERTIFICATE OF ORIGIN SUCH AS
IS TO BE PRESENTED.
2. ISSUER OF CERTIFICATE OF ORIGIN
a. A CERTIFICATE OF ORIGIN IS TO BE ISSUED BY THE ENTITY STATED IN THE CREDIT. WHEN A CREDIT DOES N
A CERTIFICATE OF ORIGIN.
b. WHEN A CREDIT REQUIRES PRESENTATION OF CERTIFICATE OF ORIGIN ISSUED BY THE BENEFICIARY, CERT
CHAMBER OF INDUSTRY, ASSOCIATION OF INDUSTRY, ECOOMIC CHEMBER, CUSTOM AUTHORITIES AND DEPA
EXPORTER/MANUFACTURERS NAME.
c. WHEN A CREDIT REQUIRES PRESENTATION OF CERTIFICATE OF ORIGIN ISSUED BY A CHAMBER OF COMMER
ISSUED BY ABOVE AUTHORITIES.
3. CONTENT OF CERTIFICATE OF ORIGIN -
1. A CERTIFICATE OF ORIGIN IS TO APPEAR TO RELATE TO THE INVOICED GOODS, FOR EXAMPLE, BY
A GOODS DESCRIPTION THAT CORRESPONDS TO THAT IN THE CREDIT OR A DESCRIPTION SHOWN IN GENER
IN THE CREDIT, OR
REFERRING TO A GOODS DESCRIPTION APPEARING IN ANOTHER STIPULATED DOCUMENT, OR IN A DOCUMEN
OF THE CERTIFICATE OF ORIGIN
2. CONSIGNEE INFORMATION WHEN SHOWN, IS NOT TO CONFLICT WITH THE CONSIGNEE INFORMATION IN THE
REQUIRES A TRANSPORT DOCUMENT TO BE ISSUED "TO ORDER" , "TO ORDER OF SHIPPER" , "TO ORDER OF IS
"CONSIGNED TO ISSUING BANK"- A CERTIFICATE OF ORIGIN MAY SHOW THE CONSIGNEE AS ANY ENTITY NAME
HAS BEEN TRANSFERRED, THE FIRST BENEFICIARY MAY BE STATED TO BE THE CONSIGNEE.
3. A CERTIFICATE OF ORIGIN MAY INDICATE AS THE CONSIGNOR OR EXPORTER AN ENTITY OTHER THAN THE B
IN ANY OTHER STIPULATED DOCUMENT.
4. WHEN A CREDIT INDICATES THE ORIGIN OF GOODS WITHOUT STIPULATING REQUIREMENT OF PRESENTATIO
ON A STIPULATED DOCUMENT IS NOT TO CONFLICT WITH THE STATED ORIGIN. FOR EXAMPLE- WHEN A CREDIT
PRESENTATION OF CERTIFICATE OF ORIGIN, A STATEMENT ON ANY STIPULATED DOCUMENT INDICATING A DIF
CONFLICT OF DATA.
5. A CERTIFICATE OF ORIGIN MAY INDICATE A DIFFERENT INVOICE NO, INCOICE DATE AND SHIPMENT ROUTING
DOCUMENTS, PROVIDED THE EXPORTER OR CONSIGNOR SHOWN ON THE CERTIFICATE OF ORIGIN IS NOT THE
PART - 7- PACKING LIST / WEIGHT LIST
1. WHEN A CREDIT REQUIRES PRESENTATION OF A PACKING LIST, THIS WILL BE SATISFIED BY A DOCUMENT N
FULLFILL THE FUNTION OF PACKING OF GOODS.
2. PACKING LIST HAVE TO BE ISSUED BY THE ENTITY STATED IN THE CREDIT. WHEN A CREDIT DOESNOT INDIC
3. WHEN A CREDIT INDICATES SPECIFIC PACKING REQUIREMENTS, WITHOUT STIPULATING THE DOCUMENTS T
DATA REGARDING PACKING OF GOODS IN PACKING SHOULD COMPLY WITH THIS.
4. A PACKING LIST MAY INDICATE A DIFFERENT INVOICE NO, INCOICE DATE AND SHIPMENT ROUTING TO THAT
DOCUMENTS, PROVIDED THE ISSUER OF PACKING LIST IS NOT THE BENEFICIARY.
5. BANK ONLY EXAMINE TOTAL VALUES, INDICATING, BUT NOT LIMITED TO , TOTAL QUANTITIES , TOTAL WEIGH
THAT THE APPLICABLE TOTAL DOES NOT CONFLICT WITH A TOTAL SHOWN IN THE CREDIT AND ON ANY OTHER
PART - 8 - BENEFICIARY CERTIFICATE
1. SAME AS ABOVE.
2. BENEFICIARY CERTIFICATE TO BE SIGNED BY OR ON BEHALF OF THE BENEFICIARY.
3. DATA ON CREDIT IS NOT CONFLICT WITH DATA IN DOCUMENT.
4. THE DATA OR CERTIFICATION MENTIONED ON A BENEFICIARY CERTIFICATE-
a. NEED NOT BE IDENTICAL TO THAT REQUIRED BY THE CREDIT, BUT ARE TO CLEARLY INDICATE THAT THE RE
BY THE CREDIT HAS BEEN FULLFILLED.
b. NEED NOT INCLUDE A GOODS DESCRIPTION OR ANY OTHER REFERANCE TO THE CREDIT OR ANOTHER STIP
PART - 9 - OTHER CERTIFICATES
(ANALYSIS, INSPECTION, HEALTH , PHYTOSANITARY, QUANTITY, QUALITY AND OTHER CERTIFICATES)
1.BASIC -
1. SAME AS 8
2. WHEN A CREDIT REQUIRES THE PRESENTATION OF A CERTIFICATE THAT RELATES TO AN ACTION REQUIRE
THE CERTIFICATE IS TO INDICATE -
a. A ISSUANCE DATE THAT IS NO LATER THAN THE DATE OF SHIPMENT.
b. WORDING TO THE EFFECT THAT THE ACTION TOOK PLACE PRIOR TO OR ON THE DATE OF SHIPMENT, IN WH
IT MAY BE SUBSEQUENT TO THE SHIPMENT, IT MAY BE SUBSEQUENT TO THE SHIPMENT DATE BUT NOT LATER
c. A TITLE INDICATING THE EVENT, FOR EXAMPLE, PRE SHIPMENT INSPECTION CERTIFICATE.
2. ISSUER OF A CERIFICATE
1.SAME AS 7.2
2. WHEN A CREDIT MAKES REFERANCE TO AN ISSUER OF A CERTIFICATE IN THE CONTEXT OF ITS BEING "INDE
EFFECT, A CERTIFICATE MAY BE ISSUED BY ANY ENTITY EXCEPT THE BENEFICIARY.
3. CONTENTS OF A CERTIFICATE
1. A CERTIFICATE MAY INDICATE
a. THAT ONLY A SAMPLE OF THE REQUIRED GOODS HAS BEEN TESTED, ANALYZED OR INSPECTED.
b. A QUANTITY THAT IS GREATER THAN THAT STATED IN THE CREDIT OR ON ANY OTHER STIPULATED DOCUME
c. MORE HOLD, COMPARTMENT OR TANK NUMBERS THAT STATED ON THE BL OR CHARTER PARTY BL.
2. SAME AS 7-3
3. WHEN A CREDIT IS SILENT ABOUT
URC-522
1. BANK HAVE NO OBLIGATION TO HANDLE COLLECTION INSTRUCTION BUT MUST INFORM THE PARTY FROM W
2. COLLECTION MEANS COLLECTION INSTRUCTION RECEIVED FROM EXPORTER BANK THAT DOCUMENTS TO B
OF ACCEPTANCE OF PAYMENT ON DUE DATE OR AGINST PAYMENT FROM IMPORTER.
3. "DOCUMENTS" MEANS FINANCIAL DOCUMENTS OR COMMERCIAL DOCUMENTS. FINANCIAL DOCUMENTS MEA
OR OTHER SIMILAR INSTRUMENTS FOR OBTAINING THE PAYMENT. AND COMMERCIAL DOCUMENTS MEANS INV
TITLE OR OTHER SIMILAR DOCUMENTS.
4. CLEAN COLLECTION MEANS FINANCIAL DOCUMENTS NOT ACCOMPLISHED BY COMMERCIAL DOCUMENTS. A
DOCUMENTS ACCOMPANNIED BY COMMERCIAL DOCUMENTS, BUT COMMERCIAL DOCUMENTS NOT ACCOMPAN
5. PRINCIPAL- PARTY CONSTRUCTING THE HANDLING OF A COLLECTION TO A BANK.
REMITTING BANK - BANK WHICH THE PRINCIPAL HAS ENTRUSTED.
COLLECTING BANK - OTHER BANK INVOLVES.
PRESENTING BANK - MAKING PRESENTATION TO THE DRAWEE.
DRAWEE - TO WHOOM PRESENTATION IS TO BE MADE IN ACCORDANCE WITH THE COLLECTION INSTRUCTION.
6. THE COLLECTION INSTRUCTION SHOULD OBTAIN THE FOLLOWING ITEMS OF INFORMATION
a) DETAILS OF THE BANK FROM WHICH THE COLLECTION WAS RECEIVED INCLUDING FULL NAME, POSTAL AND
AND REFERANCE.
b) DETAILS OF PRINCIPAL INCLUDING FULL NAME, POSTAL ADDRESS ETC.
c) DETAILS OF THE DRAWEE
d) DETAILS OF PRESENTING BANK
e) AMOUNT AND CURRENCY TO BE COLLECTED
f) LIST OF DOCUMENTS AND COUNT
g) TERMS OF PAYMENT/ACCEPTANCE AGAINST DOCUMENT
h) CHARGES TO BE COLLECTED
i) INTEREST TO BE COLLECTED IF APPLICABLE
j) RATE OF INTEREST INTEREST PERIOD AND AND BASIS OF COLLECTION IF APPLICABLE
k) METHOD OF PAYMENT AND FROM OF THE PAYMENT ADVICE
l) INSTRUCTION IN CASE OF NEW PAYMENT
m) IF WRONG ADDRESS PROVIDED NO RESPONSIBILITY OF THE BANK
7. a) PRESENTATION IS THE PROCEDURE WHEREBY THE PRESENTING BANK MAKES THE DOCUMENT AVAILABL
b) THE COLLECTION INSTRUCTION SHOULD STATE EXACT PERIOD OF TIME WITHIN WHICH ANY ACTION IS TO B
c) EXPRESSION SUCH AS "FIRST" PROMPT" "IMMEDIATE" SHOULD NOT BE USED IN CONNECTION WITH PRESEN
d) DOCUMENTS ARE TO BE PRESENTED TO THE DRAWEE IN THE FORM IN WHICH THEY ARE RECEIVED EXCEPT
e) IN ABSENCE OF PRINCIPAL INSTRUCTION ABOUT THE COLLECTING BANK, REMITING BANK WILL PICK BY ITS
f) THE DOCUMENT AND COLLECTION INSTRUCTION MAY BE SENT DIRECTLY BY REMITTING BANK TO COLLECTI
g) IF THE REMITTING BANK DOES NOT NOMINATE A SPECIFIC PRESENTING BANK, THE COLLECTING BANK MAY
8. COLLECTION INSTRUCTION WITH DP SHOULD NOT CONTAIN BOE WITH FUTURE DATE. BUT IN DA IT IS POSSI
9. WHERE THE REMITTING BANK INSTRUCTS THAT EITHER THE COLLECTING BANK OR DRAWEE IS TO CREATE
IN THE COLLECTION.
10. GOODS SHOULD NOT BE DISPATCHED DIRECTLY TO THE ADDRESS OF A BANK. IF SO, SUCH BANK HAS NO
BUT IF BANK IS WILLING TO TAKE RESPONSIBILITY THE BANK CAN TAKE THAT. ALL CHARGES REGARDING GOO
11. BANK HAVE NO LIABILITY REGARDING - 1.FALSIFIBLE DOCUMENTS 2. DISPUTED GOODS 3. DELAY 4. LOST IN
12. BANK SHOULD EFFECT THE PAYMENT OF AMOUNT COLLECTED IN FAVOUR OF REMITTING BANK ONLY WITH
13. PAYMENT CAN BE MADE IN LOCAL CURRENCY OR FOREIGN CURRENCY AND PARTIAL PAYMENT ALSO ALLO
FULL PAYMENT. UNLESS OTHERWISE STATED IN COLLECTION INSTRUCTION.
14. INTEREST CHARGES AND EXPENSES ARE TO BE COLLECTED IF COLLECTION INSTRUCTION STATED BUT IT
BUT IF COLLECTION INSTRUCTION SAYS " INTEREST CHARGES CANNOT BE WAIVED" DOCUMENT WILL BE DELI
15. PRESENTING BANK IS RESPONSIBLE FOR SEEING ONLY THE FORM OF THE ACCEPTANCE OF BOE APPEARS
FOR THE GENUINENESS OF ANY SIGNATURE OF ACCEPTANCE.
16. THE COLLECTION INSTRUCTION SHOULD CONTAIN SPECIFIC INSTRUCTION REGARDING PROTEST. IF NOT S
WILL BE IN THE ACCOUNT OF THE PARTY.
17. COLLECTION INSTRUCTION SHOULD MENTION CASE OF NEED , IF NOT, BANK NOT LIABLE TO ACCEPT ANY I
18. COLLECTING BANK MUST SENT WITHOUT DELAY, THE ADVICE OF PAYMENT/ ACCEPTANCE OR NON-PAYME
URR-725
1. ISSUING BANK, REIMBURSING BANK, REIMBURSEMENT AUTHORIZATION, REIMBURSEMENT AMMENDMENT, C
REIMBURSEMENT CLAIM REIMBURSEMENT UNDERTAKING, REIMBURSEMENT UNDERTAKING AMMENDMENT.
2. BRANCHES OF BANK IN DIFFERENT COUNTRY IS CONSIDERED AS DIFFERENT BANKS.
3. A REIMBURSEMENT AUTHORIZATION IS SEPARATE FORM CREDIT.
4. ALL REIMBURSEMENT AUTHORIZATION OR AMMENDMENT MUST BE ISSUDED IN THE FORM OF AN AUTHENTI
IS AMMENDED AND REIMBURSEMENT AUTHORIZATION NEED TO BE AMMENDED, ANY MAIL CONFIRMATION SHO
5. AN ISSUING BANK NOT REQUIRED TO SENT COPY OF CREDIT TO REIMBURSING BANK, ALSO REIMBURSEMEN
DOCS ARE CREDIT COMPLIED OR NOT.
6. A REIMBURSEMENT AUTHORIZATION MUST STATE THE FOLLOWING - i) CREDIT NUMBER ii) CURRENCY AND A
iv) CLAIMING BANK CAN BE ANY BANK IN CASE OF FREELY AVAILABLE CREDIT v) PARTIES RESPONSIBLE FOR C
7. IF A REIMBURSING BANK IS REQUESTED TO PAY A TIME DRAFT, THE REIMBURSEMENT AUHORIZATION MUST
i) TENOR OF DRAFT TO BE DRAWN
ii) DRAWER
iii) PARTY RESPONSIBLE FOR ACCEPTANCE AND DISCOUNTING CHARGES
8. ANY REQUIREMENT FOR PRE NOTIFICATION OF A REIMBURSEMENT CLAIM TO ISSUING BANK MUST BE INDIC
AND ANY PRE-DEBIT NOTIFICATION ALSO.
9.IF THE REIMBURSING BANK IS NOT PREPARED TO ACT FOR ANY REASON AS PER REIMBURSEMENT AUTHOR
BANK WITHOUT DELAY.
10. REIMBURSEMENT AUTHORIZATION SHOULD NOT HAVE ANY EXPIRY DATE.
11. EXCEPT WHERE THE ISSUING BANK HAS AUTHORISED OR REQUESTED THE REIMBURSING BANK TO ISSUE
ISSUE A REIMBURSEMENT AUTHORIZATION AMMENDMENT, CANCELLATION AT ANY TIME AND SEND NOTICE TO
12. AN AUTHORIZATION OR REQUEST BY THE ISSUING BANK TO REIMBURSEMENT BANK TO ISSUE A REIMBURS
6 AND 7.
13. IF REIMBURSING BANK IS REQUESTED TO ISSUE REIMBURSEMENT UNDERTAKING TO CLAIMING BANK BUT
14. A REIMBURSEMENT UNDERTAKING MUST INDICATE-
a. TERMS AND CONDITIONS OF UNDERTAKING
b. CREDIT NO
c. NAME OF THE ISSUING BANK.
d. THE CURRENCY AND AMOUNT OF REIMBUSEMENT
e. LAST DATE OF PRESENTATION OF CLAIM INCLUDING USANCE PERIOD
f. IF REIMBUSEMENT CHARGES NOT ON ISSUNIG BANK
15. THE LATEST DATE FOR PRESENTATION OF A CLAIM FALLS UNDER A DATE WHEN REIMBURSING BANK IS CL
16. A REIMBURSING BANK IS BOUND TO HONOUR THE REIMBURSEMENT CALIM IF IT ISSUES A REIMBURSEMEN
17. WHEN A REIMBURSEMET UNDERTAKING IS THERE A REIMBURSEMENT AUTHORIZATION BECOME IRREVOC
WITH OUT AGREEMENT OF REIMBURSING BANK
18. A REIMBURSEMENT UNSERTAKING CAN NOT BE AMMENDED OR CANCELLED WITHOUT AGREEMENT OF TH
19. THE CLAIM MUST BE SENT VIA TELE TRANSMISSION UNLESS SPECIALY PROHIVITED BY REIMBURSEMENT A
20. A REIMBURSEMENT CLAIM MUST INCLUDE -
a. CREDIT NUMBER AND THE ISSUING BANK.
b. MUST SEPARATELY INDICATE PRINCIPAL AMOUNT CLAIMED
c. MUST NOT BE A COPY OF CLAIMING BANK ADVICE OF PAYMENT, DEFFERED PAYMENT , ACCEPTANCE OR NE
d. MUST NOT INCLUDE MULTIPLE REIMBURSEMENT CLAIM UNDER ONE TRANSMISSION
21. WHEN A TIME DRAFT IS DRAWN ON THE REIMBURSING BANK. THE CLAIMING BANK MUST FORWARD THAT D
CLAIM. AND THE CLIM SHOULD INCLUDE-
a.GENERAL DESCRIPTION OF GOODS AND SERVICES
b. COUNTRY OF ORIGIN
c. PLACE OF DESTINATION OR PERFORMANCE AND THE TRANSACTION COVERS THE SHIPMENT OF MERCHAND
d. DATE OF SHIPMENT
e. PLACE OF SHIPMENT
22. A REIMBURSING BANK SHALL HAVE A MAXIMUM OF THREE BANKING DAYS FOLLOWING THE DATE OF RECE
A REIMBURSEMENT CLAIM RECEIVED OUTSIDE BANKING HOURS WILL BE DEEMED TO BE RECEIVED ON NEXT B
23. IF THE REIMBURSING BANK DETERMINES NOT TO HONOUR A CLAIM. IT MUST GIVE A NOTICE TO CLAIMING
24. A REIMBURSING BANK WILL NOT PROCESS A REQUEST FOR BACK VALUE FORM THE CLAIMING BANK
25. WHEN A REIMBURSEMENT BANK HAS NOT ISSUED A REIMBURSEMENT UNDERTAKING AND REIMBURSEMEN
MUST SPECIFY A PREDETERMINED REIMBURSEMENT DATE. THE CLAIM SHOULD NOT BE MADE TO BEFORE 10
OBLIGATION TO PAY BEFORE THAT PREDETERMINED DATE.
26. AN ISSUING BANK MUST NOT UPON RECEIPT OF DOCUMENTS, SENT ANOTHER REIMBURSEMENT AUTHORIZ
OF PREVIOUS ONE. IF ANY CONCEQUENCES HAPPENED DUE TO DUPLICACY, WILL BE ON THE ISSUING BANK.
27. THE ISSUING BANK SHALL BE BOUND BY AND LIABLE TO INDEMNIFY THE REIMBURSING BANK AGAINST ALL
IMPOSED BY FOREIGN LAWS AND USAGES.
28. A REIMBURSING BANK ASSUME NO LIABILITY OR RESPONSIBILITY FOR CONSEQUENCES ARISING FROM DE
DELIVERY OF LETTERS, DOCUMENTS ARE TRANSMITTED OR SENT ACCORDING TO THE REQUIREMENT STATED
BUT HAVE RESPONSIBILITY TOWARDS THE REIMBURSEMENT AUTHORIZATION, REIMBURSEMENT CLAIM.
29. REIMBURSING BANK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR CONSEQUENCES ARISING FROM ACT
30. REIMBURSEMENT CHARGES EITHER ON ISSUING BANK OR BENEFICIARY. WHILE HONOURING REIMBURSEM
THAT AS PER REIMBURSEMENT AUTHORIZATION. IF OF BENEFICIARY THEN DEDUCTED FROM THE AMOUNT CL
ISSUING BANK.
31. ANY LOSS OF INTEREST, LOSS OF VALUE, DUE TO EXCHANGE RATE FLUCTUATION BETWEEN ISSUING BAN
IN THAT UNLESS IT IS STATED IN REIMBURSEMENT AUTHORIZATION.
II) TRANSPORT DOCUMENT TERMS III) CERTIFICATE OF ORIGIN
1. FULL SET OF SHIPPED ON BOARD 1. CERTIFICATE OF ORIGIN
OCEAN BILL OF LADING AND TWO IN ONE ORIGINAL AND 3 COPIES
NON-NEGOTIABLE COPIES CONSIGNED ISSUED AND STAMPED BY
TO THE ORDER OF APPLICANT BANK CHEMBER OF COMMERCE
SHOWING FREIGHT PREPAID SHOWING THE NAME OF
AND MARK NOTIFY a. APPLICANT BANK MANUFACTURERS/SUPPLIERS
b. APPLICANT CERTIFYING THAT THE GOODS
2. ORIGINAL TRUCK RECEIPT PLUS 3 NON ARE OF INDIAN ORIGIN
NEGOTIABLE COPY OF MARKED FREIGHT 2. CERTIFICATE OF ORIGIN
PREPAID CONSIGNED TO APPLICANT BANK IN DUPLICATE FROM CHEMBER
NOTIFYING APPLICANT AND ISSUING BANK OF COMMERCE OR GOVT
3. FULL SET CLEAN ON BOARD MARINE BILL APPROVED AGENCY OF
OF LADING CONSIGNED TO UNDER OF EXPORTING COUNTRY
APPLICANT BANK QUOTING OUR DOC CREDIT
3. CERTIFICATE OF ORIGIN
MARKED FREIGHT PREPAID, NOTIFY APPLIC SHOWS GOODS OF INDIAN
AS PER FIELD 50 ORIGIN ISSUED BY CHAMBER
4. TRUCK RECEIPT CONSIGNED TO APPLICA OF COMMERCE OR BENEFICIARY
BANK EVIDENCING "FREIGHT PREPAID" AND IN 6 COPIES
NOTIFY i)APPLICANT ii) APPLICANT BANK iii) 4. CERTIFICATE OF ORIGIN
PROJECT DIRECTOR ISSUED BY BENEFICIARY OR
5. CONSIGNEE COPY OF ROAD CONSIGNMENMANUFACTURERS.
NOTE OR LORRY RECEIPT ALONG WITH ONE5. CERTIFICATE OF ORIGIN
COPY MADE OUT TO ORDER OF APPLICANT IN 1 ORIGINAL AND 3 COPIES
BANK MARKED FREIGHT PAYABLE AT DESTINTO BE ENDORCED ISSUED BY
LORRY RECEIPT MUST INDICATE NAME AND BENEFICIARY
ADDRESS OF APPLICANT AS NOTIFY PARTY 6. CERTIFICATE OF ORIGIN
6. FULL SET OF CLEAN ON BOARD OCEAN ISSUED BY RELATED GOVT
BILL OF LADING MADE OUT TO ORDER AND AGENCY OR THE RELATED
BLANK ENDORCED MARKED FREIGHT PREPAGOVT APPROVED AUTHORITY
NOTIFY APPLICANT OR CHAMBER OF COMMERCE
7. COPY OF LORRY RECEIPT MADE OUT TO OF EXPORTING COUNTRY
ORDER OF ISSUING BANK AND NOTIFY CERTIFYING GOODS ARE OF
APPLICANT BANK QUOTING OUR DOC CREDIT
INDIAN ORIGIN
8. COMPLETE OR FULL SET INCLUDING 3/3
ORIGINAL AND 3 COPIES OF CLEAN ON BOARD
SHIPPED BILL OF LADING MADE OUT TO ORDER
AND BLANK ENDORCED, MARKED "FREIGHT
PAYABLE AS PER CHARTER PARTY" NOTIFYING
TO ORDER
VI) CERTIFICATE
1. A CERTIFICATE FORM CARRIER, AGENT OR
MASTER OF VESSEL IN ONE ORIGINAL AND ONE
COPY STATING THE FOLLOWING :
a. THIS IS TO CERTIFY
P
OR NOMINATED BANK
ER BENEFICIARY COUNTRY)
AN ADVISE THE LC
EY STILL ADVISE, INFORM ISSUING BANK ALSO FOR THE SAME
PRE ADVISED LC
COOMITMENT FORM BANK THAT THEY ARE ISSUING THE LC
DVISED LC AND WHEN RECEIVES LC IMMEDIATELY DISPATCH THE DOCUMENTS
OT CONFIRMING BANK
ANGE OF SIGHT, ACCEPTANCE, DEFFERED PAYMENT UNDER TAKING OR BOE
UING BANK
TO NEGOTIATE
NK ON APPROVAL BASIS
D SIGNED BY
AND DATED AT THE PLACE FROM WHICH THE CREDIT STATES THE GOODS ARE
S GREATER
OR EXCESS
SFERRING BANK
AND SHOULD NOT BE USED AS A SUBTITLE FOR A WORD. IF NEVER THE LESS A VIRGUE IS USED AND
R EXAMPLE A CONDITION IN A CREDIT STATING RED/BLACK/BLUE MEANS EITHER RED
DOCUMENT COVERED BY UCP 600 REQURED ARICLE 19-25 NOT APPLY. EXAMINED, AS PER STATED IN THE CREDIT
BENEFICIARY NEED TO BE
AF OF ENTITY STATED)
UTHENTICATE BY ENTITY + ENTITY LEGALISED
ATE A DATE OF ISSUANCE ii) INSURANCE DOCUMENTS ARE TO INDICATE THE DATE
T DOCUMENTS SUBJECT TO EXAMINATION UNDER UCP 19-25, ARE TO INDICATE
F RECEIPT OF SHIPMENT, A DATE OF DISPATCH OR CARRIGE , A DATE OF TAKING
H TO BE GIVEN IN WORDS
1 DAYS AFTER THE OF SHIPMENT AS LONG AS THEY ARE PRESENTED NOT LATER
IOD FOR PRESENTATION TOGETHER WITH CONDITION "STALE DOCUMENTS ACCEPTABLE"
T DO NOT INDICATE AN ISSUER, EXCEPT DRAFT, MAY BE ISSUED BY NAMED PERSON
THE COUNTRY OF ORIGIN OF THE GOODS OR THE COUNTRY OF RECEIPT BY THE CARRIER
F MORE THAN ONE PAGE, IT MUST BE POSSIBLE TO DETERMINE THAT PAGES ARE PART
H ARE PHYSICALLY BOUND TOGETHER, SEQUENTIALLY NUMBERED OR CONTAIN
EMENT AND ARE TO BE EXANINED AS ONE DOCUMENT, EVEN IF SOME OF THE PAGES
ED IN THE CREDIT. BANK ONLY EXAMINE A DRAFT TO THE EXTENT DESCRIBED HERE.
T BL ISSUE DATE. THE WORDS FROM AND AFTER WHEN USED TO DETERMINE
OMMENCES THE DAY FOLLOWING THE DATE OF THE DOCUMENT, SHIPMENT OR
R FROM 4 MAY IS 14 MAY.
FTS SIGNIFY THAT THE CALCULATION OF MATURITY DATE COMMENCES THE DAY
ULATED IN THE CREDIT, FOR EXAMPLE 10 DAYS FROM 4 MAY IS 14 MAY
60 DAYS FROM OR AFTER BL DATE AND A BILL OF LADING IS PRESENTED EVIDENCING
OWING MORE THAN ONE DATED ON BOARD NOTATION AND INDICATING THAT EACH
OR RANGE OF PORTS, THE EARLIEST OF THESE DATES IS TO BE USED FOR
FROM ANY EUROPEAN PORT AND BILL OF LADING EVIDENCES ON BOARD VESSEL
ROM ROTTERDAM ON 16 MAY. THE DRAFT SHOULD REFLECT 60 DAYS AFTER
XAMPLE AT 60 DAYS AFTER OR FROM THE BILL OF LADING DATE AND MORE THAN ONE SET
TEST BILL OF LADING WILL BE USED FOR THE CALCULATION OF MATURITY DATE
ATE, THAT DATE IS TO REFLECT THE TERMS OF THE CREDIT
BLISHED AS FOLLOWS:
R THE DAY OF PRESENTATION TO THE BANK ON WHICH THE DRAFT IS DRAWN
CT ON ITS NOMINATION (DRAWEE BANK)
DED A NOTICE OF REFUSAL, AT THE LATEST 60 DAYS AFTER THE DATE OF THE ACCEPTANCE
HAT OF THE ISSUING BANK.
E OF ISSUANCE.
E CREDIT MENTIONS THE FORMER NAME, A DRAFT MAY BE DRAWN IN THE NAME OF THE
DS OF SIMILAR EFFECT.
ADDRESS OF THE BANK, THE DRAFT MAY SHOW THE DRAWEE WITH THE SAME DETAILS
NK, THE DRAFT IS TO BE DRAWN ON THE BANK OTHER THAN THE NOMINATED BANK
E DRAWN ON THE BANK THAT AGREES TO ACCEPT THE DRAFT AND IS THEREBY WILLING
ANK AND THE DRAFT IS TO BE DRAWN ON THAT NOMINATED BANK (WHICH IS NOT A
RY MAY CHOSE TO-
ATION BE FORWARDED TO THE CONFIRMING BANK IN THE FORM AS PRESENTED.
DRAWN ON IT AND THEREBY ACT ON ITS NOMINATION (APPLICABLE ON LY WHEN THE
S RELATED TO INVOICES
OICE IS TO CORRESPOND WITH THE DESCRIPTION SHOWN IN THE CREDIT. THERE IS NO
TATED IN A NUMBER OF AREAS WITHIN THE INVOICE WHICH, WHEN READ TOGETHER,
FLECT WHAT HAS ACTRUALY BEEN SHIPPED, DELIVERED OR PROVIDED. FOR EXAMPLE,
MENT OF "10 TRUCKS AND 5 TRACTORS" AND ONLY 4 TRUCKS HAVE BEEN SHIPPED
DID NOT PROHIBIT PARTIAL SHIPMENT. AN INVOICE INDICATING WHAT HAS ACTRUALLY
ED IN THE CREDIT I.E 10 TRUCKS AND 5 TRACTORS.
E THAT CORRESPONDS WITH THAT IN THE CREDIT MAY ALSO INDICATE ADDITIONAL DATA
OT APPEAR TO REFFER TO A DIFFERENT NATURE, CLASSIFICATION OR CATEGORY OF
DRILLING RIG" BUT THE INVOICE DESCRIBES THE GOODS AS " SCEOND HAND HYDRAULIC
SIFICATION OR CATEGORY OF THE GOODS.
E PROVIDED.
REIGHT OR INSURANCE COSTS, ARE TO BE INCLUDED WITHIN THE VALUE SHOWN AGAINST
THE INVOICE IS NOT TO CONFLICT WITH THE SAME DATA APPEARING ON OTHER DOVUMENTS.
ARE PROHIBITED, AN INVOICE ISSED FOR AN AMOUNT UP TO 5% LESS THAN THE CREDIT
ULATED IN THE CREDIT AND ANY INSTALLMENT IS NOT DRAWN OR SHIPPED WITHIN THE
R THAT AND ANY SUBSEQUENT INSTALLMENT. GIVEN EXAMPLE PERIODS ARE A SEQUENCE
MENT. FOR EXAMPLE, A CREDIT REQUIRING SHIPMENT OF 100 CARS IN MARCH AND 100 CAR
RIL AND ENDS ON 31 MARCH AND 30 APRIL RESPECTIVELY.
OR SHIPMENTS IS PERMITTED WITHIN EACH INSTALLMENT.
A NUMBER OF LATEST DATES AND NOT GIVEN PERIODS. THIS IS NOT AS PER UCP AND ARTICLE
CTIONS IN RESPECT OF THE DRAWING OR SHIPMENT SCHEDULE AND UCP ARTICLE 31
OR SHIPMENTS IS PERMITTED ON OR BEFORE EACH LATEST DATE
BILL OF LADING/ AIRWAY BILL/CHARTER PARTY/ ROAD TRANSPORT DOCUMENT
RT DOCUMENT, HOWEVER NAMED, COVERING MOVEMENT OF GOODS UTILIZING
OCUMENT.
NO REFERANCE TO PLACE OF RECEIPT, TAKING IN CHARGE,
NOTE", OR WORDS OF SIMILAR EFFECT EVEN WHEN THE CREDIT SO NAMES THE
DENCE AN ON BOARD NOTATION WITH RELEVANT ON BOARD DATE FOR EACH PORT
NT" OR "SHIPPED ON BOARD". WHEN A BILL OF LADING INDICATES THAT SHIPMENT
S REQUIRED FOR BOTH.
E INDICATED BY USE OF IATA CODES INSTEAD OF EVIDENCING
D THE CREDIT SPECIFICALLY INDICATES THE DATA THAT ARE TO BE EXAMINED AND
T, EVEN WHEN SUCH CONTRACT IS REQUIRED AS A STIPULATED DOCUMENT
AN ONE ORIGINAL, OR WHEN THE INSURANCE DOCUMENT INDICATES THAT IT HAS BEEN
E TO APPEAR TO HAVE BEEN SIGNED.
OUT PRE-CONDITIONS RELATING TO ANY OTHER INSURANCE COVER THAT MAY HAVE
RER" OR "TO ORDER". A CREDIT SHOULD INDICATE THE NAME OF AN INSURED PARTY.
F (NAMED ENTITY)". THE DOCUMENT NEED NOT INDICATE "TO ORDER" PROVIDED
TO IT, AND ASSIGNMENT BY ENDORSEMENT IS NOT EXPRESSLY PROHIBITED.
NOT TO EVIDENCE THAT CLAIMS ARE PAYABLE TO THE ORDER OF, OR IN FAVOUR
UNLESS IT IS ENDORSED BY THE BENEFICIARY OR THAT ENTITY IN BLANK OR
WHEN A CREDIT DOES NOT INDICATE THE NAME OF AN ISSUER ANY ENTITY MAY ISSUE
EXAMPLE, BY
ION SHOWN IN GENERAL TERMS NOT IN CONFLICT WITH THE GOODS DESCRIPTION
ITY OTHER THAN THE BENEFICIARY OF THE CREDIT OR THE SHIPPER AS SHOWN
CERTIFICATES)
NSPECTED.
R STIPULATED DOCUMENT
TER PARTY BL.
RM THE PARTY FROM WHOM RECEIVED VIA ANY MEANS ABOUT UNABLE TO HANDLE.
HAT DOCUMENTS TO BE DELIVERED TO IMPORTER IN EXCHANGE
ECTION INSTRUCTION.
ABLE TO ACCEPT ANY INSTRUCTION FROM CASE OF NEED -IN CASE OF DA.
TANCE OR NON-PAYMENT/NON-ACCEPTANCE TO THE REMITTING BANK.
ER ii) CURRENCY AND AMOUNT iii) ADDITIONAL AMOUNT PAYABLE AND TOLLERANCE
S RESPONSIBLE FOR CHARGES
T AUHORIZATION MUST STATES THE FOLLOWING-
O CLAIMING BANK BUT IT NOT WANT TO DO SO , INFORM ISSUING BANK WITHOUT DEALY.
UST FORWARD THAT DRAFT TO THE REIMBURSING BANK WITH THE REIMBURSEMENT
IPMENT OF MERCHANDISE
CATE,ITS REQUIRED
QUIRE A SEPARATE SIGNATURE
4. DUE DILIGENCE
1. CUSTOMER DUE DILIGENCE
# BASIC
CDD IS THE PROCESS OF IDENTIFYING YOUR CUSTOMER AND MAKING SURE THEY ARE WHO THEY SAY THEY ARE.
IT IS PERFORMED ON THE CUSTOMER TO ENSURE THAT THEY ARE PROPERLY RISK ASSESSED BEFORE BEING ONBOARDED.
A SOUND CDD PROCESS IS ONE OF THE BEST PROCESS TO PREVENT MONEY LAUNDERING AND OTHER FINANCIAL CRIME.
# WHEN CDD TO BE PERFORMRD
ESTABLISHING BUSINESS RELATIONSHIP
EXISTING CLIENT WANT TO ONBOARD ANOTHER PRODUCT
WHILE PERFORMING PERIODIC REVIEW TO ENSURE CUSTOMER INFORMATION IS UPADTED
CARRING OUT OCATIONAL TRANSACTION UNDER CERTAIN CIRCUMSTANCES
THERE IS A SUSPICION OF MONEY LAUNDERING OR TERRORIST FINANCING
THE FINANCIAL INSTITUTION HAS DOUBT ABOUT ADVOCACY OF PREVIOUSLY OPTING CUSTOMER IDENTIFICATION DATA
# ELEMENTS
1. CUSTOMER IDENTIFICATION
FULL IDENTIFICATION OF A CUSTOMER INCLUDING SOURCE OF FUNDS AND WEALTH WHEN APPROPRIATE.
NAME, BOB, ADDRESS (PERMANENT ADDRESS, CORRESPONDENT ADDRESS, MAILING ADDRESS), PASSPORT NO, DRIVING LICENCE NO,
FULL DATA OF THE CUSTOMER NEED TO BE VERIFIED.
ISTTITUTION SHOULD ENSURE THAT THERE IS A PROCESS IN PLACE TO UPDATE AND MAINTAIN CURRENT CLIENT INFORMATION.
2. CUSTOMER ACCEPTANCE
DEFINATION AND EXPLICIT CRITERIA FOR ACCEPTANCE OF CUSTOMER
BASICS ON WHICH BANKS ENTERS INTO RELATIONSHIP.
3. TRANSACTION PROFILE
DEVELOPEMENT OF TRANSACTION AND ACTIVITY PROFILE FOR EACH CUSTOMER
PROFILE SHOULD CONTAIN SUFFICIENT INFORMATION TO ALLOW FOR REVIEWS OF ANTICIPATED VERSUS ACTRUAL ACCOUNT ACTIVITY
4. RISK RATING
ASSESSMENT AND GRADING OF RISK PRESENTED BY CUSTOMER'S ACCOUNT RELATIONSHIP.
FACTORS TO BE CONSIDERD TO DETERMINING THE RISK
RISK CANBE GEOGRAPHICAL RISK , CLIENT TYPE, PRODUCT AND SERVICES RISK,
5. DOCUMENTATION
DOCUMENTATION OF FINDINGS AS EVIDENCE OR TO PROVIDE A RECORD OF ACTIONS PERFORMED
6. MONITORING AND INVESTIGATION
ACCOUNT AND TRANSACTION BASED MONITORING ON THE RISK PRESENTED
INVESTIGATE USUAL CUSTOMER OR ACCOUNT ACTIVITY.
2. STANDARD DUE DILIGENCE (NON INDIVIDUAL- ENTITY)
STANDARD DUE DILIGENCE IS THE PROCESS OF IDENTIFYING YOUR CUSTOMER AND MAKING SURE THEY ARE WHO THEY SAY ARE.
A BANK SHOULD NOT ESTABLISH BANKING RELATIONSHIP OR CARRYOUT TRANSACTIONS, UNTILL THE IDENTITY OF THE CUSTOMER HAS BEEN
SATISFACTORILY ESTABLISHED AND VERIFIED.
# FIELDS TO BE CAPTURED
1. NAME, LEGAL FORM OF STATUS AND PROOF OF INCORPORATION
2. PERMANENT ADDRESS MAILING AND REGISTERED ADDRESS.
3. IDENTIFY OF NATURAL PERSON WHO ARE AUTHORISED TO OPERATE THE ACCOUNT.
4. CONTACT TELEPHONE NUMBER
5. OFFICIAL IDENTIFICATION NUMBER (MAY BE TAX IDENTIFICATION NO)
6. IDENTIFY OF THE BENEFICIARY OWNER (MAY BE 25 % SHARE HOLDING)
7. NATURE OF THE BUSINESS
8. FINANCIAL SITUATION OF THE ENTITY (SOURCE OF FUND)
9. EXPECTED USE OF ACCOUNT
# DOCUMENTARY EVIDENCE
1. COPY OF COI, MOA, AOA, PARTNERSHIP AGREEMENT, TRUST DEED OR ANY OTHER DOCUMENT CERTIFYING THE EXISTANCE OF THE ENTITY.
2. FOR ESTABLISHED CORPORATE ENTITIES REWIEWING A COPY OF FINANCIAL STATEMENT AUDITED BY AN INDIPENDENT AUDITOR.
# NON DOCUMENTARY VERIFICATION.
1. UNDERTAKING A COMPANY SEARCH OR OTHER COMMERCIAL ENQUIARY TO ASCERTAIN THAT AN ENTITY IS IN THE PROCESS OF BEING, RESOL
2. ACCESSING PUBLIC CORPORATE REGISTER , PRIVATE DATA-BASES, OR OTHER RELIABLE INDEPENDENT SOURCES
3. VISITING CORPORATE ENTITY
3. ENHANCE DUE DILIGENCE
ENHANCED DUE DILIGENCE TO BE PERFORMED ON HIGH RISK CUSTOMERS. THERE CAN BE MULTIPLE FACTORS AND CIRCUMSTANCES
WHERE THE RISK OF MONEY LAUNDERING OR TERRORIST FINANCING IS HIGHER AND ENHANCED CDD MEASURES HAVE TO BE TAKEN.
# CUSTOMER RISK FACTOR
CASH INTENSIVE BUSINESSES
OWNERSHIP STRUCTURE OF THE COMPANY IS COMPLEX AND UNUSUAL
NON RESIDENT CUSTOMER
COMPANIES THAT HAVE NOMINEE SHARE HOLDER OE SHARE IN BEARER FORM
# COUNTRY RISK FACTOR
COUNTRIES NOT HAVING ADEQUATE AML OR CFT SYSTEMS
COUNTRIES SUBJECT TO SCANTIONS
COUNTRIES HAVING SIGNIFICANT LEVEL OF DRUG TRAFICKING, CORRUPTION OR OTHER CRIMINAL ACTIVITY
COUNTRIES PROVIDING FUNDING OR SUPPORT FOR TERRORIST ACTIVITIES.
# PRODUCT OR SERVICE RISK FACTORS
PRIVATE BANKING
ANONYMOUS TRANSACTIONS
NON FACE TO FACE BUSINESS RELATIONSHIP
# ADDITIONAL DATAFIELDS TO BE CAPTURED
BENEFICIAL OWNERSHIP UPTO 10%
IDENTIFYING INFORMATION ON INDIVIDUALS WITH CONTROL OVER THE ACCOUNT
ADVERSE MEDIA CHECK ON CUSTOMER AND AND ITS ASSOCIATED PARTIES
SOURSE OF FUNDS AND WEALTH
DESCRIPTION OF BUSINESS OPERATIONS, THE ANTICIPATED VOLUME OF CURRENCY.
4. SIMPLIFIED DUE DILIGENCE
THIS TYPE OF DUE DILIGENCE TO BE PERFORMED WHEN CUSTOMERS PROCESS A NEGLIGIBLE OR LOW RISK OF MONEY LAUNDERING.
GOVERNMENT OWNED ENTITIES AND ORGANIZATIONS
OTHER REGULATED ENTITIES IN A COUNTRY OR EQUIVALENT JURIDICTION HAVING EFFECTIVE AML OR CFT SYSTEMS
5. DUE DILIGENCE PROCESS
1. CHECK THE VALUE OF TRANSACTION
2. ASK FOR BANK GUARANTEE/SBLC AVAILABLE AGAINST OUR RISK
3. IF OVERSEAS PARY IS A FORTUNE 500, FROBES INTERNATIONAL 500, ASIA WEEK 1000 COMPANY
4. IF D&B REPORT OF OVERSEAS PARY IS GOOD
5. IF KYC OF OVERSEAS PARTY IS RECEIVED FROM OVERSEAS BANK.
6. ENHANCE DUE DILIGENCE PROCESS
1. STANDARD DUE DILIGENCE AND CUSTOMER DUE DILIGENCE AND ENHANCE DUE DELIGINCE PROCESS AS PER A HIGH RISK
2. BOE/SB DATA OF OUR PARTY AND OVERSEAS PARTY TRANSACTION RELATED TO
3. LAST 5 COMMODITY CODES 1.INTANGIBLES(CODES,PINS,S
4. CHECK CONTRACT IS VALID AS PER LOGIC 2. PRECIOUS MTALS
5. GENUINENESS AND ECONOMIC SCENCE OF UNDERLYING TRANSACTION 3. DUAL USE OF GOODS
6. BALLANCESHEET TURNOVER, CREDIT SUMMETION AND TURNOVER RATIO (ENGINEERING GOODS, PART
7. SEARCH FOR CLIENT CREDIT RELATIONSHIP WITH BANKS HIGH GRADE ALLOYS, BALLS,
8. CURRENT ACCOUNT NO AND AVERAGE MONTHLY BALLANCE BEARINGS, FILTERS, GRAPHA
9. TRACK RECORD PUNKS, PRE-CURSOR, CHEMIC
7. FINANCIAL INSTRUMENTS USED ARMS/AMMUNITION ETC)
8. TYPE OF PAYMENTS USED DIRECT,LC ETC. RISK FLAG
9. VALUE AND VOLUME AND CURRENCY OF TRANSACTIONS PREVIOUSLY DEALT WITH 1. HIGH PORTION OF ADVANC
10. CLIENTS OUR PARTY OR OVERSEAS PARTY DEALT WITH 2. UNDERLYING GOODS AND S
11. EXISTING LINE OF PRODUCTS/SERVICES OF OUR PARTY AND FOREIGN PARTY ARE NOT WITH CUSTOMERS P
12. PRODUCT/SERVICE OF UNDERLYING TRANSACTION MATCH WITH THE EXISTING OF OUR PARTY AND FOREIGN P 3.AMOUNT DEBITED THEN IMM
13. NAME AND ADDRESS OF FOREIGN PARY MATCH WITH INVOICE AND WEB CREDITED AND VICE-VERSA
14. WEBSITE ADDRESS IN THE PROFORMA INVOICE CHECK IN WEB 4. FUNDS SENT OUT GOODS N
15. VINTAGE OF OUR PARTY/OVERSEAS PARTY 5. CLIENT OPERATING FROM R
16. NEGATIVE NEWS ON OUR PARTY/ FOREIGN PARTY ADDRESS
17. VAT CERTIFICATE,MOA,AOA 6. TRADE OF SIMILAR ITEMS B
18. VISIT FACTORY/GODOWN/OFFICE FIRMS IS A RED FLAG
# ADDITIONAL DUE DILLIGENCE TO BE DONE FOR ROUGH AND POLISED DIAMOND IMPORTERS 7. COUNTRY OF OVERSEAS PA
ON HALF YEARLY OR QUARTERLY BASIS ABOUT VINTAGE OF CLIENT, BUSINESS PERFORMANCE, MARKET REPORTIS A RISKY COUNTRY
7. AMLOCK/CDD/EDD WHEN TO BE DONE
1. CONFIRMED EXPORT LC TO BE DONE AT THE TIME OF CONFIRMATION. SO, NOT REQUIRED AT THE TIME OF LODGEMENT/DISCOUNTING/REALIZ
2. UNCONFIRMED LC/NON LC TO BE DONE AT KODGEMENT, SO NO EDD TO BE DONE AT DISCOUNTING AND REALIZATION
3. EPC/PCFC EDD IS MANDATORY
4. FOBG/DBG INCLUDING SBLC REQURED AT THE TIME OF ISSUANCE
5. MLC/ILC/ MLCAMD/ILCAMD REQUIRED
6. MUBMFB/IBCLC/OBCL NOT REQUIRED IF DONE AT THE TIME OF ISSUANCE
7. MFCL/ IBCNL/ OBCL REQUIRED AT THE TIME OF INLAND AND IMPORT BILL LODGEMENT
8. XREAL/MUBMFBR/IBCLCR/IBCLR/OBCLR NOT REQUIRED AS IT IS DONE AT LODGEMENT
9. GR WAIVER EDD IS REQUIRED AT ISSUANCE
10. IS REQUIRED AT THE TIME OF ISSUANCE OF APPROVAL FOR HIGHER WAREHOUSES ABROAD
11. IS REQUIRED FOR ISSUING PEM APPROVAL FOR PROJECT EXPORT
12. AMLOCK IS NOT REQUIRED FOR INLAND TRANSACTION
13. NOT REQUIRED FOR ODI/ECB
14. NOT REQUIRED FOR TCT APPROVAL FCTRS/LAPE
15. NOT REQUIRED FOR REDUCTION IN INVOICE VALUE/EXTENTION OF EXPORT BILL, EXPORT BILL WRITE OFF, EXPORT CLAIMS
16. FOR EXPORT BILL REGULARIZATION (XFM) IF SHIPMENT (LODGEMENT) AND REALIZATION HAPPENING AT SAME TIME THEN EDD IS REQUIRED.
8. D & B REPORT INTERPRETATION
TO UNDERSTAND THE EXISTANCE OF OVERSEAS PARTY AND HIS LINE AND STREANTH OF BUSINESS. THINGS AVAILABLE THIS REPORT
NAME ADDRESS LINE OF BUSINESS DATE OF INCORPORATION NAME OF DIRECTOR PROMOTERS (AMLOCK CHECK TO BE DONE) CREDIT RATING
OF THE OVERSEAS PARTY
IF UNABLE TO LOCATE THE COMPANY/BRANCH, COMPANY REFUSE TO PROVIDE INFORMATION,CASES FILED AGAINST COMPANY, FINANCIAL STRE
RISK INDICATOR IS GIVEN AS UNDEFINED, OVER SEAS SUPPLIERS HAVING INDICATER OTHER THAN 1-2 - APPROVAL IS REQUIRED AND EDD TO BE
(RISK INDICATORS - 1,2,3,4,5,0,1, NQ, N,ER)
5.TRADE BASED ANTI MONEY LAUNDERING - FATF
1. METHODS OF MONEY LAUNDERING
# THERE ARE 3 METHODS BY WHICH CRIMINAL ORGANIZATIONS AND TERRORIST FINANCERS TRY TO HIDE THE ORIGIN OF THE BLACK MONEY AND
GENERAL WHITE MONEY OF A FORMAL ECONOMY.
# 1ST PUSH THE BLACK MONEY INTO FINANCIAL SYSTEM BY CHEQUE/WIRE TRANSFER
# 2ND PHYSICAL MOVEMENTS OF BANKNOTES BY CASH COURIERS AND BULK CASH SMUGGLING
# 3RD FALSE DOCUMENTATION AND DECLARATION OF TRADED GOODS AND SERVICES
# EACH OF THIS METHODS INVOLVES MOVEMENT OF HUGE VOLUMES OF FUNDS AND CAN OPERATE AT DOMESTIC AND INTERNATIONAL LEVEL.
# THE MAIN FOCUS OF THIS STUDY IS TRADE BASED ANTI MONEY LAUNDERING INVOLVING THE INTERNATIONAL EXCHANGE OF GOODS
# PREVIOUSLY, FATF WAS FOCUSING ON ONLY FIRST 2 METHODS OF MONEY LAUNDERING. NOW IT IS FOCUSING ON THE THIRD METHOD WHICH I
# RESEARCH HAS SHOWN WHEN GOVT HAS TAKEN ACTION AGAINST ONE METHOD CRIMINALS ARE MOVES FOR OTHER METHODS.
# SO AGGRASIVE POLICY ACTION AND RULES ENFORCEMENT MEASURES HAVE TO BE TAKEN.
2. INTERNATIONAL TRADE SYSTEM
INTERNATIONAL TRADE SYSTEM IS SUBJECT TO A WIDE RANGE OF RISKS AND VULNERABILITIES, WHICH PROVIDE CRIMINAL ORGANIZATIONS
A OPPERTUNITY TO LAUNDER THE PROCEEDS OF CRIME AND PROVIDE FUNDING TO TERRORIST ORGANIZATIONS, WITH A RELATIVELY LOW RISK
THE INTERNATIONAL TRADE IS ASSOCIATED WITH-
a. THE HUGE VOLUME OF TRADE FLOWS, WHICH BRINGS DOWN THE IMPORTANCE OF INDIVIDUAL TRANSACTIONS AND PROVIDE ABUNDANT OPPE
CRIMINAL
EVEN, MOST ORGANIZATIONS
CUSTOM TO TRANSFER VALUE ACROSS BORDERS.
b. THE COMPLEXITY
AGENCIES INSPECTS ASSOCIATED WITH FOREIGN EXCHANGE TRANSACTIONS AND DIVERSE FINANCING ARRANGEMENTS
5%
c. OF ADDITIONAL
THE THEIR COMPLEXITY IS TO MIXING INLEGAL FUNDS WITH THE FUNDS OF A LEGAL BUSINESS.
SHIPMENTS
d. LIMITED RESOURCES OF VERIFICATION PROCEDURES OR PROGRRAMS TO EXCHANGE CUSTOMS DATA BETWEEN COUNTRIES
ENTERING OR
e. LIMITED
LEAVING RESOURCES THAT MOST CUSTOMS AGENCIES HAVE AVAILABLE TO DETECT INLEGAL TRADE TRANSACTION
THE
JURIDICTION.
3. ABUSE OF INTERNATIONAL TRADE
# TRADE SYSTEM CAN BE USED TO MOVE INLEGAL MONEY AND GOODS WITH LESS INVOLVEMENT OF GOVERMENT AUTHORITIES.
# MOREOVER, IT CAN BE THE CAUSE OF INCREASE TAX AVOIDANCE AND EVIATION AND CAPITAL FLIGHT.
# SHIFT TAXABLE INCOME FROM ONE JURIDICTION WITH RELATIVELY HIGH TAX RATES TO ANOTHER JURIDICTION WITH RELATIVELY LOW TAX RATES.
INORDER TO MINIMISE INCOMETAX PAYMENT, THIS IS CALLED TAX AVOIDANCE/EVIATION
# IN CRISIS COUNTRIES COMPANIES AND INDIVIDUALS WANT TO TRANSFER THEIR FUNDS TO A STABILIZED COUNTRY. THEY CAN DO IT BY
OVER INVOICING IMPORTS AND UNDER INVOICING EXPORTS. THIS IS CALLED CAPITAL FLIGHT.
# SHIFT OF INLEGAL MONEY FROM ONE COUNTRY TO ANOTHER THROUGH UNDER OR OVER INVOICING OR OTHER METHODS
CALLED TRADE BASED MONEY LAUNDERING.
4. TRADE BASED MONEY LAUNDERING TECHNIQUES
# THE PROCESS OF DISGUISING THE PROCEEDS OF CRIME AND MOVING VALUE THROUGH USE OF TRADE TRANSACTIONS TO HIDE THEIR ORIGIN.
# THIS CAN BE ACHIEVED BY MANUPULATION OF PRICE , QUANTITY, QUALITY OF IMPORT EXPORT TRANSACTIONS.
# THS CAN ALSO INVOLVE THE ABUSE OF THE FINANCIAL SYSTEM INVOLVING A RANGE OF MONEY TRANSMISSION INSTRUMENTS, SUCH AS WIRE
# BASIC TECHNIQUES OF MONEY LAUNDERING INCLUDES :
1. OVER AND UNDER INVOICING OF GOODS AND SERVICES-
MANUPULATION OF PRICE OF GOODS IN ORDER TO TRANSFER OF ADDITIONAL VALUE BETWEEN IMPORTER AND EXPORTER.
WHEN EXPORTER IS SELLING GOODS AT LOWER PRICE THAN "FAIR PRICE" TO THE IMPORTER AND IMPORTER SELL THIS GOODS AT HIGHER PRIC
AND A % OF SALES IMPORTER KEPT ON THE NAME OF THE EXPORTER. SIMILARLY, BY INVOICING THE GOODS AT HIGHER PRICE EXPORTER IS ABL
EXTRA FUNDS, WHICH HE CAN KEPT ON NAME OF IMPORTER. EITHER, THEIR IS PRE AGREEMENT BETWEEN THEM OR THEY AR PERENT,SISTER CO
2. MILTIPLE INVOICING OF GOODS AND SERVICES -
ISSUING MORE THAN ONE INVOICE FOR SAME INTERNATIONAL TRADE TRANSACTION. BY INVOICING THE SAME GOOD OR SERVICES MORE THAN O
MONEY LAUNDERER CAN MAKE MULTIPLE PAYMENTS FOR SAME GOODS. SELECTING MULTIPLE BANKS FOR PAYMENT WILL INCREASE MORE COM
IF IT IS DETECTED, THERE IS MULTIPLE EXPLANATIONS IS THERE LIKE- FOR AMMENDMENT OF PAYMENT TERMS ADDITIONAL INVOICE RAISED, CO
PREVIOUS PAYMENT ETC.
3. OVER AND UNDER SHIPMENT OF GOODS AND SERVICES
A MONEY
THE LAUNDERER
SHIPPING AND CAN OVERSTATE OR UNDERSTATE THE QUANTITY OF GOODS BEING SHIPPED, IN CASE THE EXPORTER MAY NOT SHIP THE
AND AGREEMENT
CUSTOM DOCUMENTWITH THE IMPORTER TO ARRANGE ALL SHIPPING AND CUSTOM DOCUMENTS ASSOCIATED WITH THIS. THIS IS CALLED PHANTOM
AND WHAT IS
4. FALSELY DESCRIBED GOODS AND SERVICES
ACTRUALY SHIPPED.
A MONEY LAUNDERER CAN MANUPULATE THE QUANTITY AND TYPE OF THE GOODS/SERVICES. AN EXPORTER MAY SHIP A RELATIVELY INEXPENS
THIS IS CALLED
AND
FALLS FALSELY INVOICE IT AS A MORE EXPENSIVE ITEM OR AN ENTIRELY DIFFERENT ITEM. THIS CREATES DISCRIPANCY BETWEEN WHAT APPEARS
DESCRIPTION
OF GOODS.
5. COMPLEX TRADE BASED MONEY LAUNDERING TECHNIQUES
# STRATIGIES TO LAUNDER MONEY USUALY COMBINE SEVERAL DIFFERENT TECHNIQUES. OFTEN THIS INVOLVE ABUSE OF BOTH FINANCIAL AND
TRADE SYSTEM.
# BLACK MARKET PESO EXCHANGE ARRANGEMENTS PROVIDES A USUFULL ILLUSTRATION HOW A NUMBER OF DIFFERENT MONEY LAUNDERING
COMBILES INTO A SINGLE CRIMINAL OPERATION.
# FOR EXAMPLE IN 1980s COLOMBIA BECAME THE DOMINANT EXPORTER OF COCAINE INTO THE UNITED STATES. THIS INLEGAL DRUG SALES GENERATES ABOU
$10 BILLION A YEAR FOR COLOMBIAN DRUG CARTELS OUT OF WHICH $4 BILLION A YEAR WAS LAUNDERED THROUGH BLACK MARKET PESSO ARR
STEPS OF THIS ARRANGEMENT ARE -
FIRST, COLOMBIAN DRUG CARTEL SMUGGLES INLEGAL DRUGS INTO US AND SELL THEM FOR $.
SCEOND, THE DRUG CARTEL ARRANGE TO SALE $ AT A DISOUNT TO A PESO BROKER.
THIRD , THE PESO BROKER PAYS THE DRUG CARTEL WITH PESOS FROM HIS BANK ACCOUNT IN COLOMBIA. (DRUG CARTEL ELIMINITES HERE)
FORTH, THE PESO BROKER STRUCTURES THE US CURRENCY INTO THE US BANKING SYSTEM TO AVOID REPORTING REQUIREMENTS
AND CONSOLIDATE THE MONEY IN US BANK AC
FIFTH, THE PESO BROKER IDENTIFIES A COLOMBIAN IMPORTER THAT NEEDS US DOLLAR TO PURCHASE GOODS FROM US
SIXTH , PESO BROKER ARRANGES FOR PAYMENT TO US EXPORTER ON BEHALF OF COLOMBIAN IMPORTER, FROM HIS US BANK ACCOUNT.
SEVENTH, US EXPORTER SHIPS THE GOODS TO COLOMBIA.
FINALY, THE COLOMBIAN IMPORTER SELLS THE GOODS AND REPAYS THE PESO BROKER.
THIS TRANSACTION
AND TRADE BASED COMBILED A NUMBER OF DIFFERENT INLEGAL ACTIVITIES, SUCH AS DRUG SMUGLING, MONEY LAUNDERING THROUGH THE FI
MONEY LAUNDERING.
6. SOLLOUTION- DATA ANALYTICS SOFT WARE, DATA SHARING, TRADE TRANSPARANCY UNITS
6. BASIC CONCEPTS
1) MEANING,DEFINATION AND ORIGIN
# IT IS THE PROCESS BY WHICH INLEGAL FUNDS AND ASSETS ARE CONVERTED INTO LEGITIMATE FUNDS AND ASSETS.
IN SIMPLE WORDS PERSONS BLACK/INLEGAL MONEY WILL BE CONVERTED INTO LEGAL/WHITE MONEY
CRIMINALS USE IT TO WASH THEIR "TAINTED" MONEY TO MAKE IT "CLEAN"
# MONEY LAUNDERING IS A PROCESS OF CREATING THE APPEARANCE THAT LARGE AMOUNT OF MONEY OBTAINED FROM SERIOUS CRIMES,
SUCH AS DRUG TRAFFICKING OR TERRORIST ACTIVITY ORIGINATED FROM A LEGITIMATE SOURCES
# WHOSEOVER DIRECTLY OR INDIRECTLY ATTEMPTS TO, INDULGE OR , KNOWINGLY ASSIST OR KNOWINGLY IS A PARTY OR
FIRST TIME MONEY
IS ACTRUALY INVOLVED IN ANY PROCESS/ACTIVITY CONNECTED WITH THE PROCEEDS OF CRIME
LAUNDERING WORD
INCLUDING ITS CONCEALMENT, POSSESSION, ACQUISITION OR USE, AND PROJECTING OR CLAIMING IT AS UNTAINTED PROPERTY
IS USED IN
SHALL BE GUILTY
WATERGATE- THEOF THE OFFENCE OF MONEY LAUNDERING.
# FIRST MONEY LAUNDERING HAPPENED IN US THROUGH WATER GATE SCANDAL IN 1972
GURDIAN (A BRITISH
NEWS PAPER)
2) METHODS OF MONEY LAUNDRING
a. CASH SMUGGLING -MOVING CASH FROM ONE LOCATION TO ANOTHER OR DEPOSITING THE CASH IN SWISS BANK.
b. SHELL COMPANY -NO COMPANY IS THERE ONLY IN PAPER. A NON TRADING COMPANY USED AS A VEIVHLE FOR VARIOUS FINANCIAL MANOEUVR
FOR FUTURE USE IN SOME OTHER COMPANY.
c. STRUCTURING - CASH IS BROKEN DOWN INTO FORMAL RECEIPTS TO BUY MONEY ORDERS ETC. SMALLER AMOUNT ARE HARD TO DETECT.ALSO
KNOWN AS SMURFING IN BANKING INDUSTRY JARGON, IS THE PRACTICE OF EXECUTING FINANCIAL TRANSACTIONS (SUCH AS THE MAKING OF BA
IN A SPECIFIC PATTERN CALCULATED TO AVOID THE CERTAIN RECORDS AND REPORTS REQUIRED BY THE LAW.
EXAMPLE - BELOW THRASEHOLD LIMIT THEY WILL DO THE TRANSACTION
d. LAUNDERING VIA REAL-ESTATE: BUYING A LAND FOR MONEY AND THEN SELLING IT MAKING THE PROFITS LEGAL.
e. STOCK MARKET SCAMS
f. CREATING BOGUS COMPANIES AND BOOKING FALSE INCOMES
g. DRUG TRAFFICKING
h.BRIBERY AND CORUPTION, KIDNAPING AND EXTORTION
i. HAWALA- IS A ARABIC WORD MEANING TRANSFER - IS AN INFORMAL VALUE TRANSFER SYSTEM BASED ON THE PERFORMANCE AND HONOUR O
MONEY BROKERS, PRIMARILY LOCATED IN MIDDLE EAST, NORTH AFRICA, THE HORN OF AFRICA ,AND THE INDIAN SUBCONTINENT, OPERATING OU
TO, TRADITIONAL BANKING FINANCIAL CHANNELS AND REMITTANCE SYSTEMS.
3. LAYERS IN MONEY LAUNDERING
a. PLACEMENT- INCLUSION OF MONEY INTO BANKS, FINANCIAL INSTITUTION
b. LAYERING - DOING COMPLEX TRANSACTION.
c. INTEGRATION - BUYING LEGAL THINGS, INVESTING IN CAPITAL MARKETS ,ASSETS ETC
4. ANTI MONEY LAUNDERING
SET OF PROCEDURES, LAWS OR REGULATIONS, DESIGNATED TO STOP THE THE PRACTICE OF GENERATING INCOME THROUGH INLEGAL ACTIONS
5. INTERNATIONAL ENTITIES
a. FATF
b. EGMONT GROUP
c. WOLFSBERG PRINCIPALS
d. US ACTS, AML SUPPORTING BODIES
6. EGMONT GROUP -1995
- EGMONT ARENBERG PALACE IN BRUSSELS, BELGIUM
- FIGHT AGAINST MONEY LAUNDERING AND TERRORIST FINANCING
- IT FOCUSES ON ONLY DOMESTICALY
- ADVISE EVERY COUNTRY TO CREATE ONE FIU
- EGMONT WEB SECURE
-PRINCIPALS
7. WOLFSBERG PRINCIPLES
- AN ASSOCIATION OF 13 GLOBAL BANKS WHICH AIMS TO DEVELOP FRAMEWORKS AND GUIDANCE FOR THE MANAGEMENT OF FINANCIAL CRIME R
PARTICULARLY WITH RESPECT TO KNOW YOUR CUSTOMER, ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING POLICIES.
- MAINLY FOCUS ON PRIVATE BANKING AND CORRESPONDENT BANKING . A CORRESPONDENT BANK IS A FINANCIAL INSTITUTION THAT PROVIDES
ON BEHALF OF ANOTHER, EQUAL OR UNEQUAL, FINANCIAL INSTITUTION. IT CAN FACILITATE WIRE TRANSFERS , CONDUCT BUSINESS TRANSACTIO
AND GATHER DOCUMENTS ON BEHALF OF ANOTHER FINANCIAL INSTITUTION.
-PRINCIPALS
8. USA FREEDOM ACT-2015
THE ACT IMPOSES SOME NEW LIMITS ON THE BULK COLLECTION OF TELECOMMUNICATION METADATA ON U S CITIZENS BY AMERICAN INTELLIGE
INCLUDING THE NATIONAL SECURITY AGENCY. IT ALSO RESTORES AUTHORIZATION OF ROVING WIRETAPS AND TRACKING LONE WOLF TERRORIS
9. THE OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
IS A FINANCIAL INTELLIGENCE AND ENFORCEMENT AGENCY OF THE U.S TREASURY DEPARTMENT CHARGED WITH PLANING AND EXECUTION OF E
TRADE SCANTIONS IN SUPPORT OF U.S. NATIONAL SECURITY AND FOREIGN POLICY OBJECTIVES. UNDER PRESIDENTIAL NATIONAL EMERGENCY P
OFAC CARRIES OUT ITS ACTIVITIES AGAINST FOREIGN STATES AS WELL AS A VARIETY OF PROBLEMATIC ORGANIZATIONS AND INDIVIDUALS, LIKE
GROUPS, DEEMED TO BE A THREAT ON US NATIONAL SECURITY.
OFAC PUBLISHES THE SPECIALY DESIGNATED NATIONS LIST(SDN), WHICH LISTS PEOPLE, ORGANIZATIONS AND VESSELS WITH WHOOM UNITED S
AND PERMANENT RESIDENTS ARE PROHIBITED FROM DOING BUSINESS. THIS LIST DIFFERS FROM THE LIST MAINTAINED THROUGH USA PATRIOT
10. FINANCIAL INTELLIGENCE UNIT – INDIA (FIU-IND)
- IS AN ORGANISATION UNDER THE DEPARTMENT OF REVENUE, GOVERNMENT OF INDIA WHICH COLLECTS FINANCIAL INTELLIGENCE
ABOUT OFFENCES UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002. IT WAS SET UP IN NOVEMBER 2004 AND REPORTS DIRECTLY
- TO THE ECONOMIC INTELLIGENCE COUNCIL (EIC) HEADED BY THE FINANCE MINISTER.
- THE FUNCTIONS OF FIU-IND ARE:
COLLECTION OF INFORMATION: FIU-IND IS THE NODAL AGENCY FOR RECEIVING THE FOLLOWING REPORTS FROM VARIOUS REPORTING ENTITIES.
CASH TRANSACTION REPORTS (CTRS)
NON-PROFIT ORGANISATION TRANSACTION REPORTS (NTRS)
CROSS BORDER WIRE TRANSFER REPORTS (CBWTRS)
REPORTS ON PURCHASE OR SALE OF IMMOVABLE PROPERTY (IPRS)
SUSPICIOUS TRANSACTION REPORTS (STRS)
ANALYSIS OF INFORMATION: TO UNCOVER PATTERNS OF TRANSACTIONS SUGGESTING SUSPICION OF MONEY LAUNDERING AND RELATED CRIMES.
SHARING OF INFORMATION: WITH NATIONAL INTELLIGENCE/LAW ENFORCEMENT AGENCIES, NATIONAL REGULATORY
AUTHORITIES AND FOREIGN FINANCIAL INTELLIGENCE UNITS.
ACT AS CENTRAL REPOSITORY: TO MAINTAIN THE NATIONAL DATA BASE ON THE BASIS OF REPORTS RECEIVED FROM REPORTING ENTITIES.
COORDINATION: COORDINATE AND STRENGTHEN COLLECTION AND SHARING OF FINANCIAL INTELLIGENCE THROUGH AN EFFECTIVE
NATIONAL, REGIONAL AND GLOBAL NETWORK TO COMBAT MONEY LAUNDERING AND RELATED CRIMES.
RESEARCH AND ANALYSIS: MONITOR AND IDENTIFY STRATEGIC KEY AREAS ON MONEY LAUNDERING TRENDS, TYPOLOGIES AND DEVELOPMENTS.
PUNITIVE ACTION: THE AGENCY CAN ALSO TAKE PUNITIVE ACTION FOR VIOLATIONS OF THE PMLA. IN DECEMBER 2020,
IT IMPOSED A FINE OF RS. 96 LAKH (9,600,000) ON PAYPAL.
11. UNLAWFULL ACTIVITIES PREVENTION ACT -1967
IS AN INDIAN LAW AIMED AT EFFECTIVE PREVENTION OF UNLAWFUL ACTIVITIES ASSOCIATIONS IN INDIA. ITS MAIN OBJECTIVE WAS TO MAKE POW
FOR DEALING WITH ACTIVITIES DIRECTED AGAINST THE INTEGRITY AND SOVEREIGNTY OF INDIA - 1967
12. PREVENTION OF ANTI- MONEY LAUNDERING ACT- 2002
- ACT CAME INTO FORCE TO PREVENT MONEY LAUNDERING AND TO PROVIDE CONFISCATION OF PROPERTY DERIVED FROM OR INVOLVED IN MO
SECTION-11(A)
EVERY REPORTING ENTITY SHALL VERIFY THE IDENTITY OF ITS CLIENTS AND BENEFICIAL OWNER BY ----
a. AUTHENTICATION UNDER AADHAAR IF REPORTING ENTITY IS A BANKING COMPANY.
b. OFFLINE VERIFICATION UNDER AADHAR
c. PASSPORT
d. OTHER OFFICIALY VALID DOCUMENT ISSUED BY CENTRAL GOVT
SECTION- 12
PROVIDES FOR THE OBLIGATION OF BANKING COMPANIES, FINANCIAL INSTITUTIONS AND INTERMEDIARIES I.E THE REPORTING ENTITY TO MAINT
OF ALL TRANSACTIONS AND FURNISH TO ED WHENEVER REQUIRED.
1. CONFIDENTIALITY
2. TRANSACTION RECORDS- FOR 5YEARS
3. DOCUMENTS DECORDS - TILL 5 YEARS EITHER BUSINESS CLOSED OR BANK RELATIONSHIP WITH THAT BUSINESS CLOSED
SECTION -12AA -ENHANCE DUE DILIGENCE
SECTION-13 - IMPOSE OF FINE
13. TERRORIST FINANCING -
METHOD USED TO FUND TERRORISM FROM LEGAL OR ILLEGAL SOURSE WHICH MIGHT BE GENERATED BY
USE OF CHARITY, BUSINESS , NON-GOVERNMENTAL ORGANIZATIONS (NGOs) AS A FRONT COMPANY.
COLLECT A LARGE SUM OF DONATIONS OR PAYMENTS FROM NON EXISTENT SERVICES
WIRE FUNDS TO ACCOUNTS IN LOCATIONS OF CONFLICT.
14. RISKS INVOLVED IN MONEY LAUNDERING
1. REPUTATIONAL RISK
THE POTENTIAL THAT ADVERSE PUBLICITY REGARDING A BANKS BUSINESS PRACTICES, WHEATHER ACCURATE OR NOT, WILL CAUSE A LOSS OF
INTEGRITY OF THE INSTITUTION
A MAJOR THREAT TO BANKS AS CONFIDENCE OF DEPOSITORS, CREDITORS AND GENERAL MARKET PLACE HAS TO BE MAINTAINED.
2. OPERATIONAL RISK
PROCESS -PEOPLE- SYSEM -THE RISK OF DIRECT OR INDIRECT LOSS RESULTING FROM INADEQUATE OR FAILED INTERNAL PROCESSES,
PEOPLE AND SYSTEMS OR FROM EXTERNAL EVENTS.
WEAKNESSES IN IMPLEMENTATION OF BANKS PROGRAMS, IN-EFFECTIVE CONTROLL PROCEDURES, AND FAILURE TO PRACTICE DUE DILIGENCE.
3. CONCENTRATION RISK
CONCENTRATION RISK IS THE POTENTIAL FOR LOSS RESULTING FROM TOO MUCH CREDIT OR LOAN EXPOSURE TO ONE BORROWER. LACK OF KN
PARTICULAR CUSTOMER OR WHO IS BEHIND THE CUSTOMER, OR WHAT THE CUSTOMER'S RELATIONSHIP IS TO OTHER BORROWERS, CAN PLACE A BANK AT RIS
THIS REGARD.
4. LEGAL RISK
LEGAL SUITS IS THE POTENTIAL FOR LAW SUITS, ADVERSE JUDGEMENTS, UNFORCEABLE CONTRACTS, FINES AND PENALTIES GENERATING LOOS
FOR AN INSTIUTION, OR EVEN CLOSURE OF SUCH AN INSTITUTION
5. SANCTION RISK
IF BANK MAKES PAYMENT TO THE SCANTIONED COUNTRIES, IT MAY HAVE TO PAY HUGE AMOUNT OF PENALTY.
15. KNOW YOUR CUSTOMER
# KYC IS A FRAMEWORK FOR BANKS WHICH ENABLES THEM TO KNOW/UNDERSTAND THE CUSTOMERS
AND THEIR FINANCIAL DEALINGS TO BE ABLE TO SERVE THEM BETTER.
# ALL BANKS HAVE BEEN ADVISED BY RBI TO FOLLOW KYC GUIDELINES
# CUSTOMER IS A INDIVIDUAL OR BUSINESS THAT PURCHASES THE GOODS OR SERVICES PRODUCED BY A BUSINESS.
# SEMI CUSTOMER/WALKING CUSTOMERS USES DD,BC,TEMPORARY SERVICES
# CAP DESIDES WHEATHER AN INDIVIDUAL/ENTITY IS ELIGIBLE TO BE ACCEPTED BY BANK ON THE BASIS OF NATURE OF BUSINESS, LOCATION OF
AND HIS CLIENTS, MODE OF PAYMENT, VOLUME OF TURNOVER, SOCIAL AND FINANCIAL STATUS ETC TO ENABLE CATEGORIZATION OF CUSTOMER
OF HIGH RISK. HIGH LEVEL OF MONITORING FOR PEP IS REQUIRED.
# CIP PRESCRIBES THE PROCESS BY WHICH CUSTOMER IS IDENTIFIED.
# MOITORING TRANSACTIONS ACCORDING TO CUSTOMERS RISK PROFILE AND DETAILS OF REPORTS
TO BE SUBMITED TO FIU,IND TO FULLFILL THE OBLIGATION CAST ON THE BANK UNDER UNDER PMLA,2002 HELPS IN RISK MANAGEMENT.
16. REPORTING
4.NON PROFIT
1. CASH TRANSACTION REPORT(CTR) 10 L
SEEKING
2. COUNTERFEIT CURRENCY REPORTS (CCRS)
ORGANIZATION
3. SUSPICIOUS TRANSACTIONS REPORT(STRS)
TRANSACTION
REPORT(NPOS) 10L
KYC DOCUMENTS, ROLES AND RESPONSIBILITY OF A AMLO, RISK TYPES, MAINTAINANCE OF RECORDS, SMALL ACCOUNTS
7. FINANCIAL ACTION TASK FORCE (FATF)
1. IS AN INTER-GOVERNMENTAL BODY ESTABLISHED IN 1989 BY MINISTERS ITS MEMBERS JURIDICTIONS.
THE MANDATE OF THE FATF IS TO SET STANDARDS AND TO PROMOTE EFFECTIVE IMPLEMANTATION OF LEGAL, REGULATORY AND OPERATIONAL MEASURES FO
COMBACTING MONEY LAUNDERING, TERRORRIST FINANCING AND THE FINANCING OF PROLIFERATION AND OTHER RELATED THREADS TO THE INTEGRITY OF T
INTERNATIONAL FINANCIAL SYSTEM.
2. THE FATF IDENTIFIES JURIDICTIONS WITH STRATAGIC DEFICIENCY IN THEIR FRAMEWORK TO COMBACT MONEY LAUNDERING AND
FINANCING OF TERRORRISM AND PROLIFERATION IN COLABORATION WITH OTHER INTERNATIONAL STAKE HOLDERS.
THE FATF ALSO WORKS TO IDENTIFY NATIONAL LEVEL VULNERABILITIES WITH THE AIM TO PROTECT THE INTERNATIONAL FINANCIAL SYSTEM FORM MISSUSE
THE 40 FATF RECOMENDATIONS TO SET-OUT A COPREHENSIVE AND CONSISTENT FRAMEWORK OF MEASURES THAT A COUNTRY SHOULD IMPLEMENT
IN ORDER TO COMBACT MONEY LAUNDERING AND TERRORIST FINANCING AS WELL AS FINANCING OF PROLIFERATION OF WEAPONS OF MASS DISTRACTION
COUNTRIES HAVE DIVERSE LEGAL,ADMINISHTRATIVE AND OPERATIONAL FRAMEWORK AND DIFFERENT FINANCIAL SYSTEMS
AND SO CANNOT TAKE IDENTICAL MEASURES TO CALCULATE THESE THREADS.
3. FATF RECOMENDATION THEREFORE SETTING INTERNATIONAL STANDARDS WHICH COUNTRIES SHOULD IMPLEMENT TROUGH MEASURES ADOPTED
TO THEIR PARTICULAR CIRCUMSTANCES.
THE FATF RECOMENDATIONS HAVE THE COMMON ESSENTIAL MEASURES THAT COUNTRIES SHOULD HAVE TAKE INTO CONSIDERATIONS -
a. IDENTIFY THE RISK AND DEVELOP POLICIES AND DOMESTIC CO-ORDINATION
b. PREVENT MONEY LAUNDERING AND TERRORIST FINANCING AND FINANCING OF PROLIFERATION
c. APPLY PREVENTIVE MEASURES FOR FINANCIAL SECTORS AND OTHER DESIGNATED SECTORS
d. ESTABLISH POWER AND RESPONSIBILITIES FOR THE COMPETENT AUTHORITIES (INVESTIGATIVE, LAW ENFORCEMENT AND SUPERVISORY AUTHORITIES
AND OTHER INSTITUTIONAL MEASURES)
e. ENHANCE THE TRANSPERANCY AND AVAILABILITY OF OFFICIAL OWNERSHIP INFORMATION AND LEGAL PROCEEDINGS,ARRANGEMENTS AND FACILITATE
INTERNATIONAL COOPERATION
4. THE ORIGINAL FATF 40 RECOMANDATION IS DRAWN-UP IN 1990 AS AN INITIATIVE TO COMBACT THE MISUSE OF FINANCIAL SYSTEMS
BY PERSONS LAUNDERING DRUG MONEY. IN 1996 THE RECOMENDATIONS WARE REVISED FOR THE FIRST TIME TO REFLECT EVOLVING MONEY
LAUNDERING TRENDS AND TECHNIQUES TO PREVENT NEW TECHNIQUES OF MONEY LAUNDERING.
IN OCTOBER 2001 THE FATF EXPANDED ITS MANDATE TO DEAL WITH THE ISSUE OF THE FUNDING OF TERRORIST ACTS AND TERRORIST
ORGANIZATIONS AND TOOK THE IMPORTANT STEP OF CREATING 9 SPECIAL RECOMENDATIONS.
THE FATF RECOMENDATION IS REVISED 2ND TIME IN 2003. AND THESE TOGETHER WITH THE SPECIAL RECOMENDATIONS AND THESE HAVE BEEN
ENDORSED BY OVER 180 COUNTRIES AND UNIVERSALY RECOGNISED AS THE INTERNATIONAL STANDARD FOR ENTIRE MONEY LAUNDERING
AND COUNTERING THE FINANCING OF TERRORISM.
AML OR CFT COORDINATION
RECOMANDATION 1 - ASSESSING RISK AND DEFINE A RISK BASED APPROACH
COUNTRIES SHOULD IDENTIFY PROCESS AND UNDERSTAND THE MONEY LAUNDERING AND TERRORIST FINANCING RISKS FOR THE COUNTRY. AND SHOULD TA
INCLUDING DESIGNATING AND AUTHORITY OR MECHANISM TO CO-ORDINATE ACTIONS TO ACCESS RISKS AND DEPLOY RESOURCES END UP ENSURING RISKS A
MEDICATED EFFEVTIVELY.
RECOMANDATION 2 - NATIONAL CO-OPERATION AND CO-ORDINATION
COUNTRIES SHOULD ENSURE THE POLICY MAKERS, THE FIUS , LAW ENFORCEMENT AUTHORITIES, SUPERVISORS IN OTHER RELEVANT COMPETANT AUTHORITI
AT POLICY MAKING AT OPERATIONAL LEVEL, AND EFFECTIVE MECHANISM ENABLES THEM TO CO-OPERATE AND CO ORDINATE DOMESTICALLY
OF EACH OTHER CONSERNING THE DEVELOPEMENT AND IMPLEMENTATION OF POLICIES AND ACTIVITIES TO COMBACT MONEY LAUNDERING
MONEY LAUNDERING AND CONFISCATION
RECOMANDATION 3- MONEY LAUNDERING OFFENCE
COUNTRIES SHOULD CRIMILISE MONEY LAUNDERING, COUNTRIES SHOULD APPLY THE CIME OF MONEY LAUNDERING TO ALL SERIOUS OFFENCES , WITH A VIEW
INCLUDING WIDEST RANGE OF OFFENCES
RECOMANDATION- 4 - CONFISCATION AND PROVISSIONAL MEASURES
COUNTRIES SHOULD ADOPT MEASURES TO FREAZE OR SEEZE AND CONFISICATE THE FOLLOWING
1. PROPERTY LAUNDERING
2. PROCEEDS OR INSTRUMENTALITES TO BE CONFISCATED INTENDED TO USED IN MONEY LAUNDERING OR OFFENCES
3. PROPERTY THAT IS THE PROCEEDS OF OR USE IN OR INTENDED OR ALOCATED FOR USE IN FINANCING OF TERRORISM, TERRORIST ACTS OR TERRORIST OR
4. PROPERTY OF CORRESPONDING VALUE
TERRORIST FINANCING AND FINANCING OF PROLIFERATION
RECOMANDATION - 5 - TERRORIST FINANCING OFFENCE
COUNTRIES SHOULD CRIMINALISE TERRORIST FINANCING ON THE BASIS OF TERRORIST FINANCING CONVENTION
RECOMANDATION - 6 - TARGETED FINANCIAL SANCTIONS RELATED TO TERRORISM OR TERRORIST FINANCING
COUNTRIES SHOULD IMPLEMENT TARGETED FINANCIAL SCANTIONS TO COMPLY WITH UNITED NATIONS SECURITY COUNSILS RESOLUTIONS
RECOMANDATION - 7 - TARGETED FINANCIAL SCANTIONS RELATED TO PROLIFERATION
COUNTRIES SHOULD IMPLEMENT TARGETED FINANCIAL SCANTIONS TO COMPLY WITH UNITED NATIONS SECURITY COUNSILS RESOLUTIONS
RELATING TO PROLIFERATION
COUNTRIES SHOULD IMPLEMENT TARGETED FINANCIAL SCANTIONS TO COMPLY WITH UNITED NATIONS SECURITY COUNSILS RESOLUTIONS
RELATTING TO PREVENTION, SUPPRESSION AND DISTRUCTION OF PROLIFERATION OF WEAPON OF MASS DESTRUCTION AND ITS FINANCING
RECOMANDATION - 8 - NON PROFIT ORGANIZATIONS
COUNTRIES SHOULD REVIEW THE ADEQUACY OF LAWS AND REGULATIONS THAT RELATES TO ENTITIES THAT CAN BE ABUSED FOR THE FINANCING OF TERROR
NON PROFIT ORGANIZATIONS ARE PARTICULARLY VOUNERABLE, AND COUNTRIES SHOULD ENSURE THAT THEY CANNOT BE MISUSED
PREVENTIVE MEASURES
RECOMENDATION - 9 - FINANCIAL INSTITUTION SECRECY LAWS
COUNTRIES SHOULD ENSURE THAT FINANCIAL INSTITUTIONS SECRACY LAWS DO NOT INHIBIT IMPLEMENTATION OF FATF RECOMANDATION
RECOMENDATION - 10 - CUSTOMER DUE DILIGENCE
FINANCIAL INSTITUTIONS SHOULD BE PROHIBITED FROM KEEPING ANNONIMUS ACCOUNTS OR ACCOUNTS IN OVIOUSLY FICTICIOUS NAMES.
FINANCIAL INSTITUTIONS SHOULD BE REQUIRED TO UNDERTAKE CUSTOMER DUE DILEGENCE MEASURES.
RECOMENDATION - 11 - RECORD KEEPING
FINANCIAL INSTITUTIONS IS REQUIRED TO MAINTAIN FOR AT LEAST 5 YEARS ALL NECESSERY REFERANCE ON TRANSACTIONS BOTH DOMESTIC AND INTERNATI
TO ENABLE THEM TO COMPLY EASILY WITH THE INFORMATION REQUEST FROM THE COMPETENT AUTHORITY
RECOMENDATION - 12 - POLITICALY EXPOSED PERSONS
FINANCIAL INSTUTIONS SHOULD TAKE REASONABLE MEASURES TO DETERMINE WHEATHER A CUSTOMER OR A BENEFICIAL OWNER IS A DOMESTIC PA.. PERSO
WHO HAVE BEEN INTEREST IN A PROMINENT FUNTIONS BY INTERNATIONAL ORGANIZATIONS
RECOMENDATION - 13 - CORRESPONDENT BANKING
FINANCIAL INSTITUTION SHOULD BE PROHIVITED FROM ENTERING INTO OR CONTINUING A CORRESPONDENT BANKIG RELATION WITH SHELL BANKS
FINANCIAL INSTITUTION SHOULD BE REQUIRED TO SATISFY THEMSELVES THAT RESPONDENT INSTITUTIONS DO NOT PERMIT THEIR ACCOUNTS USED BY SHELL
RECOMENDATION -14 - MONEY OR VALUE TRANSFER SERVICES
COUNTRIES SHOULD TAKE MEASURES TO ENSURE THE NATURAL OR LEGAL PERSONS THAT PROVIDE MONEY OR VALUE TRANSFER SERVICES
ARE LICENCED AND REGISTERED AND SUBJECT TO EFFECTED SYSTEMS FOR MONITORING AND ENSURING RELEVANT MEASURES CALLED FOR IN FATF RECOM
RECOMENDATION - 15 - NEW TECHNOLOGY
COUNTRIES AND FINANCIAL INSTITUTIONS SHOULD IDENTIFY MONEYLAUNDERING AND TERRORIST FINANCING RISK THAT MAY ARISE IN RELATION TO
1. DEVELOPEMENT OF NEW PRODUCT AND NEW BUSINESS PRACTICES INCLUDING NEW DELIVERY MECHANISMS
2. THE USE OF NEW OR DEVELOPING TECHNOLOGIES FOR BOTH NEW AND PRE-EXISTING PRODUCTS
RECOMENDATION - 16 - WIRE TRANSFERS
COUNTRIES SHOULD ENSURE THE FINANCIAL INSTITUTIONS SHOULD INCLUDE REQUIRED ORIGINATED INFORMATION AND REQUIRE BENEFICIARY INFORMATION
ON WIRE TRANSFERS AND RELATED MESSAGES AND THAT THE INFORMATION REMAINS WITH THE WIRE TRANSFER AND RELATED MESSAGES
THROUGH OUT THE PAYMENT CHAIN
RECOMENDATION - 17 - RELIANCE ON THIRD PARTIES
REQUIREMENTS WILL BE MADE AVAILABLE WITH THE THIRD PARTY REQUEST WITHOUT ANY DELAY
FINANCIAL INSTITUTION SHOULD SATISFY ITSELF THAT THE THIRD PARTY IS REGULATED SUPERVISED AND MONITERED FOR AND HAS MEASURES AND PLACE F
COMPLIANCE WITH CDD AND RECORD KEEPING REQUIREMENTS
RECOMENDATION - 18 - INTERNAL CONTROL AND FOREIGN BRANCHES AND SUBSIDIARIES
FINANCIAL GROUPS SHOULD BE REQUIRED TO IMPLEMENT GROUP WISE PROGRRAMES AGAINST MONEY LAUNDERING AND TERRORIST FINANCING
INCLUDING POLICIES AND PROSEDURES FOR SHARING INFORMATION WITHIN THE GROUP FOR AML-CFT PURPOSES
RECOMENDATION - 19 - HIGHER RISK COUNTRIES
FINANCIAL INSTITUTIONS SHOULD BE REQUIRED TO APPLY ENHANCE DUE DELIGENCE MEASURES TO BUSINESS RELATIONSHIPS AND TRANSACTIONS WITH NA
AND LEGAL PERSONS AND FINANCIAL INSTITUTIONS OF COUNTRIES PROVIED BY THE FATF
RECOMENDATION - 20 - REPORTING OF SUSPISIOUS TRANSACTIONS
IF A FINANCIAL INSTITUTION SUSPECTS WHO HAVE REASONABLE GROUNDS TO SUSPECT THAT FUNDS ARE THE PROCEEDS OF CRIMINAL ACTIVITY
OR RELATED TO TERRORIST FINANCING IT SHOULD BE REQUIRED BY LAW TO REPORT PROMPTLY TO FIU
RECOMENDATION - 21 - TIPPING OFF AND CONFIDENTIALITY
FINANCIAL INSTITUTIONS, DIRECTORS, OFFICERS AND EMPLOYEES SHOULD BE
1. PROTECTED BY LAW FROM CRIMINAL AND CIVIL LIABILITY FOR BREACH OF ANYDISCLOSURE OF INFORMATION IMPOSED BY CONTRACTS
OR BY ANY LEGISTRATIVE REGULATORY OR ADMINISHTRATIVE PROVISION IF THEY REPORT THEIR SUSPISITIONS IN GOOD FAITH TO THE FIU,
EVEN THEY DIDNOT KNEW PRESISELY THE UNDERLINED CRIMINAL ACTIVITY WAS REGARDLESS WHEATHER A LEGAL ACTIVITY ACTRUALY OCCURED
2. PROHIVITING BY LAW FROM DISCLOSING TO BE KNOWN THAT A SUSPICIOUS TRANSACTION REPORT STR AND RELATED INFORMATION HAS BEEN FILED WITH
RECOMENDATION - 22 - DESIGNATED NON FINANCIAL BUSINESSES AND PROFESSIONS -CUSTOMER DUE DELIGENCE
THE CDD AND RECORD KEEPING REQUIREMENTS SHOULD APPLY TO DNBP'S IN THE FOLLOWING SITUATIONS
1.CASINOS
2.REAL-ESTATE AGENTS
3.DEALERS IN PRECIOUS METALS AND STONES
4. LAWYERS , NOTARIES, OTHER INDEPENDENT PROFESSIONALS AND ACCOUNTENTS
5. TRUST AND COMPANY SERVICE PROVIDERS
RECOMENDATION - 23 - DFBP'S OTHER MEASURES
THE REQUIREMENTS SAID OUT IN RECOMENDATION 18-21 APPLIED TO ALL DFBP'S
TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS AND ARRANGEMENTS
RECOMENDATION - 24 - TRANSPERANCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS
COUNTRY SHOULD TAKE MEASURES TO PREVENT THE MISUSE OF LEGAL PERSON FROM MONEY LAUNDERING OR TERRORIST FINANCING
COUNTRIES SHOULD ENSURE THAT THERE IS ADEQUATE ACCURATE AND TIMELY INFORMATION ON BENEFICIAL OWNERSHIP AND CONTROLL ON LEGAL PERSO
THAT CAN BE OBTAINED OR ACCESSED IN A TIMELY ACTION BY COMPETENT AUTHORITIES
RECOMENDATION -25 - TRANSPERANCY AND BENEFICIAL OWNERSHIP OF LEGAL ARRANGEMENTS
COUNTRY SHOULD TAKE MEASURES TO PREVENT THE MISUSE OF LEGAL ARRANGEMENTS FROM MONEY LAUNDERING OR TERRORIST FINANCING
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES
RECOMENDATION - 26 - REGULATION AND SUPERVISION OF FINANCIAL INSTITUTIONS
COUNTRIES SHOULD ENSURE THAT THE FINANCIAL INSTITUTION ARE SUBJECT TO ADEQUATE REGULATION AND SUPERVISION AND THEY ARE EFFECTIVELY
IMPLEMENTINGTHE EFFECT OF FATF RECOMENDATIONS
RECOMANDATIO - 27 - POWERS OF SUPERVISORS
SUPERVISORS SHOULD HAVE ADEQUATE POWER TO SUPERVISE OR MONITOR AND ENSURE COMPLIANCE BY FINANCIAL INSTITUTIONS WITH REQUIREMENT TO
MONEY LAUNDERING AND TERRORIST FINANCING INCLUDING AUTHORITY TO CONDUCT INSPECTIONS
RECOMENDATION - 28 - REGULATION AND SUPERVISION OF DNFBPS
DNFBPS SHOULD BE SUBJECT TO REGULATION AND SUPERVISORY MEASURES
RECOMENDATION - 29 - FINANCIAL INTELLIGENCE UNIT
COUNTRIES SHOULD ESTABLISH A FIU THAT SERVES AS A NATIONAL CENTRE FOR RECEIVE AND ANALYSIS OF
1. STR
2. OTHER INFORMATION REALATED TO MONEY LAUNDERING ASSOCIATE OFFENCE AND TERRORIST FINANCING
AND EXAMINATION OF RESULTS OF THAT ANALYSIS
RECOMENDATION - 30 - RESPONSIBILITIES OF LAW ENFORCEMENT AND INVESTIGATIVE AUTHORITIES
COUNTRIES SHOULD ENSURE THAT DESIGNATED LAW ENFORCEMENT AUTHORITIES HAVE RESPONSIBILITY FOR MONEY LAUNDERING, TERRORIST FINANCING
INVESTIGATION WITHIN THE FRAMEWORK OF INTERNATIONAL AML AND CFT POLICY.
RECOMMENDATION 31: POWERS OF LAW ENFORCEMENT AND INVESTIGATIVE AUTHORITIES
WHEN CONDUCTING INVESTIGATION OF MONEY LAUNDERING AND TERRORIST FINANCING, COMPETENT AUTHORITIES SHOULD BE ABLE TO ACCESS RAW NESS
RAW NESSEARY DOCUMENTS AND INFORMATION FOR USE IN THOSE INVESTIGATIONS AND IN POCEQUTION AND RELATED ACTIONS
RECOMMENDATION 32: CASH COURIERS
COUNTRIES SHOULD HAVE METHODS AND PLACE TO DETECT THE PHYSICAL CROSSBORDER TRANSFER OF CURRENCY AND BEAR A NEGOTIABLE INSTRUMENT
INCLUDING THROUGH A DECORATION SYSTEM OR DISCLOSURE SYSTEM
RECOMMENDATION 33: STATISTICS
COUNTRY SHOULD MAINTAIN COMPREHENSIVE STATISTICS ON MATTERS RELEVANT TO THE EFFECTIVENESS AND EFFICIENCY OF THE
AML OR CFT SYSTEMS
RECOMMENDATION 34: GUIDANCE AND FEEDBACK
THE COMPETENT AUTHORITIES, SUPERVISORY AND SELF REGULATORY BODIES SHOULD ESTABLISH GUIDELINES AND PROVIDE FEEDBACK
WHICH WILL ASSIST FINANCIAL INSTITUTION AND DESIGNATED NON FINANCIAL BUSINESS AND PROFESSIONS IN APPLYING NATIONAL MEASURES TO COMPLY W
MONEY LAUNDERING AND TERRORIST FINANCING AND IN PARTICULAR IN DETECTING AND REPORTING SUSPISIOUS TRANSACTION
RECOMMENDATION 35: SANCTIONS
COUNTRIES SHOULD ENSURE THAT THERE IS A RANGE OF EFFECTIVE, PROPORTIONATE AND DISSUASIVE SANCTIONS, WHETHER CRIMINAL,
CIVIL OR ADMINISTRATIVE, AVAILABLE TO DEAL WITH NATURAL OR LEGAL PERSONS COVERED BY RECOMMENDATIONS 6, AND 8 TO 23,
THAT FAIL TO COMPLY WITH AML/CFT REQUIREMENTS.
INTERNATIONAL COOPERATION
RECOMMENDATION 36: INTERNATIONAL INSTRUMENTS
COUNTRIES SHOULD TAKE IMMEDIATE STEPS TO BECOME PARTY TO AND IMPLEMENT FULLY THE VIENNA CONVENTION, 1988;
THE PALERMO CONVENTION, 2000; THE UNITED NATIONS CONVENTION AGAINST CORRUPTION, 2003; AND THE TERRORIST FINANCING CONVENTION, 1999.
WHERE APPLICABLE, COUNTRIES ARE ALSO ENCOURAGED TO RATIFY AND IMPLEMENT OTHER RELEVANT INTERNATIONAL CONVENTIONS,
SUCH AS THE COUNCIL OF EUROPE CONVENTION ON CYBERCRIME, 2001; THE INTER-AMERICAN CONVENTION AGAINST TERRORISM, 2002;
AND THE COUNCIL OF EUROPE CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME
AND ON THE FINANCING OF TERRORISM, 2005.
RECOMMENDATION 37: MUTUAL LEGAL ASSISTANCE
COUNTRIES SHOULD RAPIDLY, CONSTRUCTIVELY AND EFFECTIVELY PROVIDE THE WIDEST POSSIBLE RANGE OF MUTUAL LEGAL ASSISTANCE
IN RELATION TO MONEY LAUNDERING, ASSOCIATED PREDICATE OFFENCES AND TERRORIST FINANCING INVESTIGATIONS, PROSECUTIONS,
AND RELATED PROCEEDINGS. COUNTRIES SHOULD HAVE AN ADEQUATE LEGAL BASIS FOR PROVIDING ASSISTANCE AND, WHERE APPROPRIATE,
SHOULD HAVE IN PLACE TREATIES, ARRANGEMENTS OR OTHER MECHANISMS TO ENHANCE COOPERATION.
RECOMMENDATION 38: MUTUAL LEGAL ASSISTANCE: FREEZING AND CONFISCATION
COUNTRIES SHOULD ENSURE THAT THEY HAVE THE AUTHORITY TO TAKE EXPEDITIOUS ACTION IN RESPONSE
TO REQUESTS BY FOREIGN COUNTRIES TO IDENTIFY, FREEZE, SEIZE AND CONFISCATE PROPERTY LAUNDERED;
PROCEEDS FROM MONEY LAUNDERING, PREDICATE OFFENCES AND TERRORIST FINANCING; INSTRUMENTALITIES USED IN,
OR INTENDED FOR USE IN, THE COMMISSION OF THESE OFFENCES; OR PROPERTY OF CORRESPONDING VALUE.
RECOMMENDATION 39: EXTRADITION
COUNTRIES SHOULD CONSTRUCTIVELY AND EFFECTIVELY EXECUTE EXTRADITION REQUESTS IN RELATION TO MONEY LAUNDERING
AND TERRORIST FINANCING, WITHOUT UNDUE DELAY. COUNTRIES SHOULD ALSO TAKE ALL POSSIBLE MEASURES TO ENSURE
THAT THEY DO NOT PROVIDE SAFE HAVENS FOR INDIVIDUALS CHARGED WITH THE FINANCING OF TERRORISM, TERRORIST ACTS OR TERRORIST ORGANISATIO
RECOMMENDATION 40: OTHER FORMS OF INTERNATIONAL COOPERATION
COUNTRIES SHOULD ENSURE THAT THEIR COMPETENT AUTHORITIES CAN RAPIDLY, CONSTRUCTIVELY AND EFFECTIVELY
PROVIDE THE WIDEST RANGE OF INTERNATIONAL COOPERATION IN RELATION TO MONEY LAUNDERING, ASSOCIATED
PREDICATE OFFENCES AND TERRORIST FINANCING.
FATF 9 SPECIAL RECOMMENDATIONS ON TERRORIST FINANCING
RECOMMENDATION I. RATIFICATION AND IMPLEMENTATION OF UN INSTRUMENTS
EACH COUNTRY SHOULD TAKE IMMEDIATE STEPS TO RATIFY AND TO IMPLEMENT FULLY THE 1999 UNITED NATIONS INTERNATIONAL CONVENTION FOR
THE SUPPRESSION OF THE FINANCING OF TERRORISM.COUNTRIES SHOULD ALSO IMMEDIATELY IMPLEMENT THE UNITED NATIONS RESOLUTIONS
RELATING TO THE PREVENTION AND SUPPRESSION OF THE FINANCING OF TERRORIST ACTS, PARTICULARLY UNITED NATIONS SECURITY COUNCIL RESOLUTION
RECOMMENDATION II. CRIMINALISING THE FINANCING OF TERRORISM AND ASSOCIATED MONEY LAUNDERING
EACH COUNTRY SHOULD CRIMINALISE THE FINANCING OF TERRORISM, TERRORIST ACTS AND TERRORIST ORGANISATIONS. COUNTRIES SHOULD
ENSURE THAT SUCH OFFENCES ARE DESIGNATED AS MONEY LAUNDERING PREDICATE OFFENCES.
RECOMMENDATION III. FREEZING AND CONFISCATING TERRORIST ASSETS
EACH COUNTRY SHOULD IMPLEMENT MEASURES TO FREEZE WITHOUT DELAY FUNDS OR OTHER ASSETS OF TERRORISTS, THOSE WHO FINANCE
TERRORISM AND TERRORIST ORGANISATIONS IN ACCORDANCE WITH THE UNITED NATIONS RESOLUTIONS RELATING TO THE PREVENTION
AND SUPPRESSION OF THE FINANCING OF TERRORIST ACTS.
EACH COUNTRY SHOULD ALSO ADOPT AND IMPLEMENT MEASURES, INCLUDING LEGISLATIVE ONES, WHICH WOULD ENABLE THE COMPETENT
AUTHORITIES TO SEIZE AND CONFISCATE PROPERTY THAT IS THE PROCEEDS OF, OR USED IN, OR INTENDED OR ALLOCATED FOR USE IN,
THE FINANCING OF TERRORISM, TERRORIST ACTS OR TERRORIST ORGANISATIONS.
RECOMMENDATION IV. REPORTING SUSPICIOUS TRANSACTIONS RELATED TO TERRORISM
IF FINANCIAL INSTITUTIONS, OR OTHER BUSINESSES OR ENTITIES SUBJECT TO ANTI-MONEY LAUNDERING OBLIGATIONS, SUSPECT
OR HAVE REASONABLE GROUNDS TO SUSPECT THAT FUNDS ARE LINKED OR RELATED TO, OR ARE TO BE USED FOR TERRORISM,
TERRORIST ACTS OR BY TERRORIST ORGANISATIONS, THEY SHOULD BE REQUIRED TO REPORT PROMPTLY THEIR SUSPICIONS TO THE COMPETENT AUTHORIT
RECOMMENDATION V. INTERNATIONAL CO-OPERATION
EACH COUNTRY SHOULD AFFORD ANOTHER COUNTRY, ON THE BASIS OF A TREATY, ARRANGEMENT OR OTHER MECHANISM FOR MUTUAL LEGAL
ASSISTANCE OR INFORMATION EXCHANGE, THE GREATEST POSSIBLE MEASURE OF ASSISTANCE IN CONNECTION WITH CRIMINAL,
CIVIL ENFORCEMENT, AND ADMINISTRATIVE INVESTIGATIONS, INQUIRIES AND PROCEEDINGS RELATING TO THE FINANCING OF TERRORISM,
TERRORIST ACTS AND TERRORIST ORGANISATIONS.
COUNTRIES SHOULD ALSO TAKE ALL POSSIBLE MEASURES TO ENSURE THAT THEY DO NOT PROVIDE SAFE HAVENS FOR INDIVIDUALS
CHARGED WITH THE FINANCING OF TERRORISM, TERRORIST ACTS OR TERRORIST ORGANISATIONS, AND SHOULD HAVE PROCEDURES
IN PLACE TO EXTRADITE, WHERE POSSIBLE, SUCH INDIVIDUALS.
RECOMMENDATION VI. ALTERNATIVE REMITTANCE
EACH COUNTRY SHOULD TAKE MEASURES TO ENSURE THAT PERSONS OR LEGAL ENTITIES, INCLUDING AGENTS, THAT PROVIDE
A SERVICE FOR THE TRANSMISSION OF MONEY OR VALUE, INCLUDING TRANSMISSION THROUGH AN INFORMAL MONEY OR VALUE
TRANSFER SYSTEM OR NETWORK, SHOULD BE LICENSED OR REGISTERED AND SUBJECT TO ALL THE FATF RECOMMENDATIONS
THAT APPLY TO BANKS AND NON-BANK FINANCIAL INSTITUTIONS. EACH COUNTRY SHOULD ENSURE THAT PERSONS
OR LEGAL ENTITIES THAT CARRY OUT THIS SERVICE ILLEGALLY ARE SUBJECT TO ADMINISTRATIVE, CIVIL OR CRIMINAL SANCTIONS.
RECOMMENDATION VII. WIRE TRANSFERS
COUNTRIES SHOULD TAKE MEASURES TO REQUIRE FINANCIAL INSTITUTIONS, INCLUDING MONEY REMITTERS, TO INCLUDE ACCURATE AND MEANINGFUL
ORIGINATOR INFORMATION (NAME, ADDRESS AND ACCOUNT NUMBER) ON FUNDS TRANSFERS AND RELATED MESSAGES THAT ARE SENT,
AND THE INFORMATION SHOULD REMAIN WITH THE TRANSFER OR RELATED MESSAGE THROUGH THE PAYMENT CHAIN.
COUNTRIES SHOULD TAKE MEASURES TO ENSURE THAT FINANCIAL INSTITUTIONS, INCLUDING MONEY REMITTERS,
CONDUCT ENHANCED SCRUTINY OF AND MONITOR FOR SUSPICIOUS ACTIVITY FUNDS TRANSFERS WHICH DO
NOT CONTAIN COMPLETE ORIGINATOR INFORMATION (NAME, ADDRESS AND ACCOUNT NUMBER).
RECOMMENDATION VIII. NON-PROFIT ORGANISATIONS
COUNTRIES SHOULD REVIEW THE ADEQUACY OF LAWS AND REGULATIONS THAT RELATE TO ENTITIES THAT CAN BE ABUSED FOR
THE FINANCING OF TERRORISM. NON-PROFIT ORGANISATIONS ARE PARTICULARLY VULNERABLE, AND COUNTRIES SHOULD ENSURE
THAT THEY CANNOT BE MISUSED:
(I) BY TERRORIST ORGANISATIONS POSING AS LEGITIMATE ENTITIES;
(II) TO EXPLOIT LEGITIMATE ENTITIES AS CONDUITS FOR TERRORIST FINANCING, INCLUDING FOR THE PURPOSE OF ESCAPING ASSET FREEZING MEASURES; AN
(III) TO CONCEAL OR OBSCURE THE CLANDESTINE DIVERSION OF FUNDS INTENDED FOR LEGITIMATE PURPOSES TO TERRORIST ORGANISATIONS.
RECOMMENDATION IX. CASH COURIERS
COUNTRIES SHOULD HAVE MEASURES IN PLACE TO DETECT THE PHYSICAL CROSS-BORDER TRANSPORTATION OF CURRENCY AND BEARER
NEGOTIABLE INSTRUMENTS, INCLUDING A DECLARATION SYSTEM OR OTHER DISCLOSURE OBLIGATION.
COUNTRIES SHOULD ENSURE THAT THEIR COMPETENT AUTHORITIES HAVE THE LEGAL AUTHORITY TO STOP OR RESTRAIN CURRENCY
OR BEARER NEGOTIABLE INSTRUMENTS THAT ARE SUSPECTED TO BE RELATED TO TERRORIST FINANCING OR MONEY LAUNDERING,
OR THAT ARE FALSELY DECLARED OR DISCLOSED.
COUNTRIES SHOULD ENSURE THAT EFFECTIVE, PROPORTIONATE AND DISSUASIVE SANCTIONS ARE AVAILABLE TO DEAL
WITH PERSONS WHO MAKE FALSE DECLARATION(S) OR DISCLOSURE(S). IN CASES WHERE THE CURRENCY
OR BEARER NEGOTIABLE INSTRUMENTS ARE RELATED TO TERRORIST FINANCING OR MONEY LAUNDERING, COUNTRIES
SHOULD ALSO ADOPT MEASURES, INCLUDING LEGISLATIVE ONES CONSISTENT WITH RECOMMENDATION 3
AND SPECIAL RECOMMENDATION III, WHICH WOULD ENABLE THE CONFISCATION OF SUCH CURRENCY OR INSTRUMENTS.
ARTMENT
UNTRIES
AFRICAN
CYPRUS,
RAQ,
TH KOREA,
H SUDAN
Alternative remittance systems (ARS) -- are operations to transfer money outside of the formal banking system. These include unregulated network
Cash couriers -- are individuals that transport currency or bearer-negotiable instruments from one country to another country for the purpose of lau
Commingling -- is the process of combining the proceeds of illicit activities with the earnings of legitimate businesses for the purpose of disguising t
ANSPORT DOCUMENT
Front company -- is a corporate vehicle that can be used to obscure the beneficial ownership of an organisatio
Shell Company -- is a company that is incorporated but has no significant assets or operations.
Smurfing (or structuring) -- is a money laundering technique, which involves the splitting up of a large bank deposit into a number of smaller deposi
Trade Transparency Units -- are arrangements to promote the sharing of trade data between cooperating customs agencies for the purpose of dete
H TRANSACTION
ES.
URNAME MATCH
E MTCH
NE.
TCHING.
SITION
MATCH
OLVED OR TERMINATED
,SOFTWARE ETC)
TS,
S,
AITE,
MICALS,
CE PAYMENT
SERVICES
PROFILE
MMEDIATELY
NOT IMPORTED
RESIDENTIAL
BY A GROUP OF
PARTY
ZATION
REANTH IS UNDISCLOSED,
E DONE
6. fatf
7. egmont group
ND CONVERT IT TO
9. pmla act
10. operating guidelines
IS TBML ALSO.
K OF DETECTION.
PERTUNITY FOR
ANTIQUE GOODS
E TRANSFER.
CE.
BLE TO RECEIVE
CONCERN.
ONCE
OMPLEXITY.
ORRECTION OF
E GOODS AT ALL.
OM SHIPMENT.
SIVE GOODS
S ON
D INTERNATIONAL
G TECHNIQUES
OUT
RANGEMENTS.
FINANCIAL SYSTEM,
VRES OR KEPT DORMAT
SO
ANK DEPOSITS)
OF A HUGE NETWORK OF
OUTSIDE OF OR PARALLEL
NS.
RISKS,
ES SERVICES
IONS, ACCEPT DEPOSITS
ENCE AGENCIES,
ISM.
ECONOMIC AND
POWERS,
E TERRORISTS
STATES CITIZENS
T ACT.
WERS AVAILABLE
ONEY LAUNDERING.
TAIN RECORDS
F CONFIDENCE IN THE
KNOWLEDGE ABOUT A
RISK IN
AKE ACTION
ARE
TIES
EW TO
RGANIZATIONS
ORISM.
TIONAL.
SON
LL BANKS
MENDATIONS
ON
FOR
ATURAL
H FIU
ONS
O COMBACT
SESSARY
NTS
WITH
ONS.
ON 1373.
TIES.
AND
ated networks (e.g. underground banks) and regulated operations (e.g. money service businesses).*
rpose of laundering the proceeds of crime or financing terrorist activities.
f disguising the source of these illicit funds and complicating the money trail.
maller deposits to evade the suspicious activity reporting requirements of financial institutions.
rpose of detecting and analysing suspicious trading activities.
PART 1 - LC ISSUANCE, ADVISING. DOCUMENT DISPATCH, REALIZATION PART 2 - DISCOUNTING
SCENARIO 1 - APPLICANT IS OUR CUSTOMER WANT TO USE LC FACILITY SCENARIO 1 - APPLICANT IS OUR CUSTOMER WANTS TO DISC
1. ISSUNCE OF INLAND LC (ILC) AND MAKE PAYMENT TO BENEFICIARY
2. AMMENDMENT OF INLAND LC (ILCAMD) WE CAN DISCOUNT ON BANK LIMIT WHEN DOCUMENTS ARE CREDIT
3. CANCELLATION OF INLAND LC (ILCCAN) ACCEPTED BY APPLICANT
4. RECEIPT OF DOUCUMENT UNDER LC SCENARIO 2 - BENEFICIARY IS OUR CUSTOMER WANTS TO DISCOUNT
5. SENDING ACCEPTANCE /DISCRIPANCY FOR DOCUMENTS UNDER LC (IBCLC) WE CAN ONLY DISCOUNTS THE BILL ON BANK LIMIT POST RECEIPT O
6. REALIZATION ON DUE DATE FROM APPLICANT UNDER LC ANYWAY, BENEFICIARY CAN DISCOUNTS THE BILL ON PRE ACCEPTAN
7. PAYMENT TO BENEFICIARY ON HIS LIMIT
SCENARIO 2 - BENEFICIARY IS OUR CUSTOMER SCENARIO 3 - WE ARE ONLY DISCOUNTING THE BILL WE ARE N
1. ADVICE THE LC TO THE BENEFICIARY (ALC) OR BENEFICIARY BANK - APPLICANT CAME TO US
2. RECEIPT OF DOCUMENT UNDER LC FROM BENE WE CAN ONLY DISCOUNTS THE BILL IF DOCS ARE CREDIT COM
4. DISPATCH THE DOCUMENTS NOT DISCOUNTS (OBC) SCENARIO 4 - WE ARE ONLY DISCOUNTING THE BILL WE ARE N
4. RECEIPT OF ACCEPTANCE FROM APPLICANT BANK OR BENEFICIARY BANK - BENEFICIARY CAME TO US
6. RECEIPT OF PAYMENT ON DUE DATE FROM APPLICANT WE CAN ONLY DISCOUNTS THE BILL AFTER ACCEPTANCE CAM
7. REALIZE THE OBC/OBD BILL HOWEVER, PRE ACCEPTANCE IS POSSIBLE ON CLIENT LIMIT.
SCENARIO 3 - WE ARE ONLY DISPATCHING THE DOCUMENTS
1. LODGE OBC BILL
2. RECEIPT ACCEPTANCE OF DOCUMENTS
3. RECEIPT PAYMENT ON DUE DATE FROM APPLICANT
4. PAYMENT TO BENEFICIARY
IMPORT OPERATIONS EXPORT OPERATIONS
1. ISSUANCE OF INLAND LC
A. CONCEPT AND DOCUMENTS AND CHECKLIST
BUYER CAMES TO US FOR ISSUANCE OF LC TO HIS SELLER, BOTH ARE FROM INDIA BUT MAY BE DIFFERENT STATES OR SAME STATES.
WE CAN ISSUE THE LC AS PER LIMITS AVAILABLE TO THE BUYER OR FD BACKED LIMITS.
DOCUMENTS REQUIRED
1. CRL
2. LC APPLICATION
3. PI/PO/CONTRACT
4. FD NOS IF FD BACKED
5. INSURANCE POLICY/COVER IF IT IS ON APPLICANT.
CHECKLIST
1. WHEATHER FUNDS AVAILABLE IN LIMITS, MARGIN AND FOR CHARGES.
2. IS MFA EXECUTED, IS CAL VALID OR EXPIRED.
3. IF CAL OR LIMIT IS EXPIRED WHEATHER APPROVAL ATTACHED.
4. IF LDN IS BEYOND LIMIT EXPIRY APPROVAL ATTACHED.
5
CUSTOMER WANTS TO DISCOUNT THE BILL
AME STATES.
EXPORT
EXPORT MEANS TAKING OUT GOODS OUTSIDE INDIA, PROVIDING SERSVICE FROM INDIA TO A PERSON OUTSIDE INDIA. TYPES OF EXPORT TRANSACT
1. EXPORT LC
2. DOCUMENTARY COLLECTION
3. EXPORT FINANCE
6. PROJECT EXPORT
7. MERCHENTING TRADE
8. DIFFERENT CONCEPTS
VARIOUS TRANSACTIONS
PART - 1 - EXPORT LC
1. EXPORT LC ADVISING
A. MEANING
1. ADVISING HAS NO LIBILITY IT IS ONLY FORWARING THE LC TO THE BENEFICIARY.
2. LC RECEIVED BY A BANK NAMED ADVISING BANK FROM ISSUING BANK IN THE FORM OF MT700(AUTHENTICATED) BY POST,OR MAIL (NOT AUTHENTI
3. ADVISING BANK SHOULD ENSURE THAT LC IS CAME FROM AUTHENTICATED SOURCE AND GIVE IT TO THE BENEFICIARY.
B. CHECKLIST
1. LC SHOULD MENTION SUBJECT TO LATEST ICC
2. BENEFICIARY IS IN INDIA
3. SHIPMENT DATE IS NOT AFTER THE EXPIRY DATE AND ISSUE DATE IS NOT LATER THAN THE LC RECEIPT DATE
4. COMPLETE ADDRESS OF THE BENEFICIARY
5. IF BENEFICIARY IS NOT A CUSTOMER OF ICICI BANK TAKE APPROVAL AND MENTION UCP600 37(C) INSTRUCTED PARTY IS N/A
6. CHECK FOR ADVISING CHARGES INSTRUCTION ON LC
7.COMPLETE DETAILS OF APLICANT, BENEFICIARY AND ISSUING BANK IS MENTIONED
8. GOODS DESCRIPTION MENTION IN THE LC TEXT SHOULD BE CLEAR AND MATCH WITH THE BENE AND APPLICANT LINE OF BUSINESS
C. PHYSICAL LC RECEIVED AT BRANCH
1. BRANCH RECEIPT THE LC FORM CUSTOMER OR NON CUSTOMER AND ACKNOWLEDGE BY SIGN STAMP DATE AND TIME.
2. CONTACT LOCAL BRANCH OF LC ISSUING BANK FOR SIGNATURE VERIFICATION.
3. SCAN THE LC IN XLC AND SENT IT TO TSU.
4. TSU WILL SCRUTINIZE THE LC AS PER GUIDELINES
5. TSU WILL LODGE XLC AND RETURN THE CASE TO BRANCH
6. BRANCH CAN NOW DOWNLOAD ADVISING LETTER FROM XLC
7. PUT STAMP AND XLC NO ON ALL PAGES OF ADVISING LETTER
8. PRINT OUT LC , CHARGES DEBIT ADVICE AND ADVISING LETTER AND FORWARD TO CUSTOMER
9. LC CAN BE GIVEN TO BENEFICIARY ONLY AFTER COLLECTING ADVISING CHARGES
10. CHECK ISSUING BANK OR 1ST ADVISING BANK RATING ON IFIG PROVIDED LIST
D. SWIFT LC RECEIVED AT TSU
1. TSU TO SEND THE LC TO NEAREST BRANCH OR BENEFICIARY BRANCH.
2. BRANCH ACKNOWLEDGE BY SIGN STAMP DATE AND TIME.
3. 3-10 SAME AS ABOVE
E. ADVISING AS SCEOND ADVISING BANK
1. IF ISSUING BANK OR IST ADVISING BANK IS THE KEY RELATIONSHIP BANK THEN KYC NOT REQUIRED
2. OTHERWISE, ADVISING CAN BE DONE EITHER BY BASED ON VALID KYC OR BY DUE DILIGENCE
3. IFIG TEAM WILL PUBLISH LIST OF ISSUING BANK AND 1ST ADVISING BANK FOR WICH LC CAN BE ADVISED ON THE BASIS OF DUE DILIGENCE OR ONL
OR NOYHING REQUIRED
4. IF NOT ON THE LIST RAISE SR TO IFIG
F. RE-ADVISING OF DUPLICATE EXPORT LC
1. LC IS LOST PRE-DELIVERY TO BENEFICIARY
RECEIVE WRITTEN INFORMATION FROM COURIER COMPANY ABOUT LOST OF EXPORT LC AND GET DETAILS OF FIR. THEN LODGE NEW XLC
2. LC IS LOST POST DELIVERY TO BENEFICIARY
REQUEST RECEIVED ROM BENEFICIARY FOR RE-ADVISING OF DUPLICATE EXPORT LC WITH INDEMNITY STAMPED.
3. ICICI IS FIRST ADV BANK LC LOST BY SCEOND ADV BANK
INDEMNITY TO BE TAKEN FROM 2ND ADVISING BANK.
4. LC LOST BY ICICI BANK, ICICI WILL ISSUE THE INDEMNITY TO ISSUING BANK OR 1ST ADVISING BANK.
G. ADVISING CHARGES COLLECTION
IF CUSTOMER ACCOUNT HAVE BALANCE ADV CHARGES IS TO BE COLLECTED IMMEDIATELY.
IF CUSTOMER ACCOUNT DON’T HAVE BALANCE DEDIT SAADCOMM ACCOUNT
ADV CHARGES OF RETURNED LCS CLAIM TO BE SENT TO APPLICANT
H. UNABLE TO DELIVER LC TO BENEFICIARY
SOMETIMES COURIER CO IS UNABLE TO DELIVER LC DUE TO ADDRESS NOT FOUND.
IF NAME OF SCEOND ADV BANK IS MENTIONED IN THE LC, DELIVER IMMEDIATELY TO 2ND ADV BANK.
ICICI BANK TRY TO CATCH THE BENEFICIARY IF FOUND REDISPATCH.
IF THIS IS NOT POSSIBLE SEND SWIFT/SFMS/LETTER TO ISSUING BANK OR FIRST ADVISING BANK.
IF BENEFICIARY IS IN A URGENT NEED OF LC BRANCH CAN SENT TO NEAREST LOCATION AS CONFIRMED BY BENEFICIARY
IF ISSUNIG BANK SENT SFMS TO RETURN THE LC OR BENEFICIARY IS UNTRACEBLE RETURN THE LC
2. EXPORT LC CONFIRMATION
A. MEANING -
CONFIRMATION OF LC CONSTITUTES AN UNDERTAKING OF THE CONFIRMING BANK TO PAY TO THE NEGOTIATING BANK OR BENEFICIARY WITHOUT R
ARE PRESENTED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LC. THIS UNDERTAKING IS ADDITIONAL OF THE UNDERTAKING PROVID
A LC TO WHICH A CONFIRMING BANK ADDS ITS PLEDGE TO PAY IN THE EVENT OD DEFAULT OF THE ISSUING BANK.IS KNOWN AS LC CONFIRMATION. W
700 49 FIELD IS CONFRM OR MAY ADD THEN BENEFICIARY CAN REQUST THE ADV BANK FOR CONFIRMATION. IF 700 49 FIELD IS WITHOUT THEN SCILEN
BE ADDED ON REQUEST OF BENEFICIARY.
B. BASIC
1. CONFIRMATION OF EXPORT LC i) ADVISED BY ICICI BANK ii) ADVISED BY OTHER BANKS NOT HAVING ACCOUNT WITH US
iii) FOR SERVICES/SOFTWARE/SBLC iv) MERCHANTING TRADE OF OUR BANK CUSTOMER AS WELL AS OTHER BANK CUSTOMER v) LC WHERE NO REIMB
BANK IS MENTIONED, SO THERE IS NO REIMBURSEMENT AUTHORIZATION IN LC
2. CONFIRMATION OF LC CANBE DONE WITH DEVIATION/APPROVAL WHEN i) WHICH DO NOT PROVIDE VALID TRANSPORT DOCUMENT THAT GIVES TIT
NO TRANSPORT DOCUMENT (SOFTWARE/SERVICES)
3. CONFIRMATION OF LC CANBE DONE WITHOUT ANY APPROVAL WHEN i) TRANSPORT DOCUMENT NOT CONSIGNED TO ISSUING BANK OR BLANK END
TRANSPORT DOCUMENT SUCH AS LORRY RECEIPT, TRUCK RECEIPT, ROAD CONSIGNMENT NOTE, DELICERY CHALLAN, GOODS RECEIPT NOTE iii) LC B
PARTY BL/ BLANK BACKED BL iv) BUSINESS CHEMICAL COMMODITIES - CHLOR ALKALIES, PETROCHEMICALS, FERTILIZERS v) ENERGY SECTOR - COAL
NATURAL GAS, GASHOLINE, BY-PRODUCTS, CO-PRODUCTS ETC. vi) AGRO COMMODITY - SUGER CANE, SUGAR, RICE, GRAINS SOYABINS, PLAM OIL,CO
vii). METAL STEEL PRODUCTS, ALUMINIUM, IRON, IRON-ORE viii). NEW PARISABLE COMMODITY CEMENT, TIMER ETC.
5. CONFIRMATION OF EXPORT LC HAVING ESCALLATION AND DE ESCALLATION CLAUSE, TSU TO BLOCK LIMITS 10% OVER AND ABOVE THE LC VALUE
6. APPROVALS RELATED TO FIELD 41 (A/D) - AVAILABLE WITH, 42 (A/D) DRAWEE WHERE LC IS AVAILABLE BY NEGOTIATION, ACCEPTANCE, PAYMENT.
i) ORIGINAL DOCUMENT ARE ROUTED THROUGH ICICI BANK. THE SAME SHOULD ALSO APPEAR CLEARLY ON THE LC.
ii) CONFIRMATION ADVICE/LETTER GIVEN TO THE CUSTOMER. iii) FIELD 41 TO BE READ AS ANY BANK OR ICICI iv) FIELD 42 TO BE READ AS ICICI OR ISSU
7. LIMITS TO BE BLOCKED BY OF ISSUING BANK FOR THE LC AMOUNT BY IFIG
8. SWIFT TO BE SENT TO ISSING BANK THAT WE HAVE ADDED CONFIRMATION
9. IF LC IS UNDER ESCALLATION -DEESCALLATION CLAUSE, AMOUNT OF LC MAY VARRY.
C. CHECKLIST
CRL -
1. XLC NUMBER AND AMOUNT, OTHERBANK REFERANCE NO AND AMOUNT, IF LC IS NOT ADVISED BY US. ISSUING BANK AND ADVISING BANK NAME AN
2. DEBIT AUTHORITY FROM BENEFICIARY, IN CASE CHARGES ARE ON ACCOUNT OF BENEFICIARY WHO IS OUR CUSTOMER
3. IN CRL BENE SHOULD MENTION DOCUMENT AND COMMUNICATION TO PRESENTING BANK, SHALL BE CONSIDERED AS EQUIVALENT
TO HAVE BEEN COMMIUNICATED TO BENEFICIARY
4. VERIFY SIGNATURE ON REQUEST LETTER.
5. NNL DECLARATION
CLIENT PROFILE AND VISIT REPORT -
FOR CUSTOMER NOT HOLDING CURRENT AC WITH ICICI BANK.
KYC HAVE TO BE DONE VALID FOR 1 YEAR.
DETAILED KYC TO BE DONE AS PER INTERNATIONALLY ISSUED GUIDELINES
TDD SHOULD BE PERFORMED WHEN VALUE IS MORE THAN USD 5 L
FOR MTT- CRL, IMPORT CONTRACT FOR IMPORT LEG TRAN, EXPORT CONTRACT FOR EXPORT LEG TRAN
D. RISK IN CONFIRMATION
1. IF LC DOES NOT BEAR THE REIMBURSEMENT CLAUSE, THEN ICICI AS A CONFIRMING BANK, MAY NOT BE ABLE TO CLAIM REIMBURSEMENT FROM IS
2. CONFIRMATION OF LC, WHICH DO NOT PROVIDE VALID TRANSPORTATION DOCUMENTS, WHICH GIVES TITLE OF GOODS
3. CONFIRMATION OF LC WHERE NO TRANSPORT DOCUMENT IS AVAILABLE.
E. PROCESS OF CONFIRMATION
1. RECEIVE CRL FROM CUSTOMER. RAISE TRACK IN "TMISC XLC CONFIRMATION"
2. IN CASE AMMENDMENT IS REQUIRED IN LC SEND SWIFT TO ISSUING BANK, RECEIVE REPLY AND ACT ACCORDINGLY.
3. TAKE BENEFICIARY CONCENT FOR ADDING CONFIRMATION IN CASES OF "MAY ADD"
4 IF REQUEST RECEIVED FROM FIRST ADVISING BANK, SEND LETTER TO FIRST ADVISING BANK TO INFORM ISSUING BANK ABOUT CONFIRMATION ADD
5. IF CHARGES ARE ON APPLICANT ACCOUNT DEBIT "SALCCOMN" ACCOUNT AND CREDIT CONFIRMATION CHARGES AC AND SENT MAIL TO IFIG TEAM.
F. SILENT CONFIRMATION
1. IF 49 FIELD IS SAID WITHOUT THEN ALSO ICICI CAN CONFIRM THE LC.
2. IS AN UNDERTAKING BY ICICI TO NEGOTIATE DOCUMENTS UNDER SIGHT, USANCE OR DEFFERED PAYMENT
4. SILENT CONFIRMATION WILL BE A SEPARATE CONTRACT BETWEEN ICICI AND BENEFICIARY.
5. ICICI BANK WILL ACCEPT ALL THE NOMINATION TO NEGOTIATE THE DOCUMENTS
6. SUCH LC WILL BE AVAILABLE FOR NEGOTIATION WITH ANY BANK OR RESTRICTED TO ICICI.
7. THIS CONTRACT BETWEEN ICICI BANK AND BENEFICIARY TO BE COVERED BY "LETTER OF INDEMNITY"
8. TSU TO VERIFY THE INDEMNITY PROVIDED BY CLIENT.
G. EXPORT LC CONFIRMATION PROCESS WITH ESCALLATION DE-ESCALLATION CLAUSE
ESCALLATION DE-ESCALLATION CLAUSE IS APPLICABLE TO THE EXPORT LC WHERE COMMODITY LIKE OIL IS INVOLVED. UNDER THIS CASE DOCUMEN
ISSUING BANK WITH AMOUNT LOWER THAN LC OR HIGHER THAN LC.
1. AT THE TIME OF LC CONFIRMATION LC VALUE TO BE ENHANCED BY PERCENTAGE AS QUOTED IN CRL. AND UPDATE INSTRUCTION ACCORDINGLY
2. IF % IS NOT MENTIONED THEN NO NEED TO ENHANCE LC VALUE.
H. PAYMENT OF EXPORT LC BILLS UNDER CONFIRMED LC
FOR EXPORT BILLS LODGED UNDER CONFIRMED LC ICICI BANK IS LIABLE TO EFFECT THE PAYMENT ON DUE DATE IF THE EXPORT PROCEDS ARE NO
ISSUING BANK OR REIMBURSING BANK, SUBJECT TO i) EXPORT BILLS ARE BOOKED UNDER LC CONFIRMED BY ICICI BANK.ii) SUCH BILLS ARE NOT NE
iii) DOCS ARE CREDIT COMPLIED
OTHERWISE PAYMENT WILL BE MADE ONLY AFTER RECEIPT OF FUNDS FROM ISSING BANK
3. TRANSFER OF EXPORT LC
A. MEANING
THE FIRST BENEFICIARY OF LC MAY REQUEST FOR TRANSFER OF CREDIT TO SCEOND BENEFICIARY. THIS IS ALLOWED AS PER UCPDC. CERTAIN CLA
SUBSTITUTED ON THE REQUEST OF FIRST BENEFICIARY, SUBJECT TO CERTAIN CONDITIONS STIPULATED ON CREDIT. THE LC SHOULD CLEARLY NOM
THE LC A TRANSFER CAN BE IN PART OR WHOLE, AS PER THE REQUEST OF THE BENEFICIARY.
B. CHECKLIST FOR EXPORT LC TRANSFER
CRL - DEBIT AUTHORITY FROM BENEFICIARY IN CASH DD/PO, SIGNATURE VERIFICATION, TRANSFER INSTRUCTION, NAME AND ADDRESS OF THE SUBS
2ND BENEFICIARY SHOULD BE IN INDIA
ORIGINAL LC - LC SHOULD BE RESTRICTED TO ICICI BANK OR ANY BANK, LC ISSUANCE DATE SHOULD NOT BE THE FUTURE DATE, LC EXPIRY DATE S
SHIPMENT DATE, RELATED LC SHOULD BE ADVISED BY ICICI BANK OR ELSE WE CAN DUMMY ADVISE THE LC, TO CREATE RECORD OF LC IN I-CORE, LC
BE IN INDIA. IF RELATED LC IS ADVISED BY OTHERTHAN ICICI BANK SIGNATURE OF SAID BANK OFFICER REQUIRED, ENSURE EXPORT IS DONE FROM
C. PROCESS
1.RECEIVE REQUEST FROM FIRST BENEFICIARY FOR TRANSFER OF EXPORT LC, ACKNOWLEDGE THE SAME WITH STAMP,DATE,TIME.
2. VERIFY CUSTOMERS SIGNATURE.
3. SCAN DOCUMENTS TO TMISC XLC TRANSFER
4. CHECK FOR FUND SIGNTED IN NOSTRO
5. IF FUNDS SIGHTED THE RAISE ORM TRACK TO TRANSFER THE FUNDS TO SCEOND BENEFICIARY
4. CLOSURE OF EXPORT LC
MEANING-
GENERALLY LC IS CLOSED ON EXPIRY DATE. BUT IF ADV BNK RECEIPT REQUEST OF CLOSURE FROM BENEFICIARY THEN ALSO IT CAN BE CLOSED.
CHECKLIST-
SIGNATURE VERIFICATION OF CUSTOMER
DEBIT AUTHORITY IF CHARGES ARE ON ACCOUNT OF BENEFICIARY
CLOSURE CHARGES CASH/DD/PO
PROCESS -
1. RECEIVE MT799 FROM ISSUING BANK FOR CLOSURE OF EXPORT LC
2. RECEIPT OF ORIGINAL LC FROM THE BENEFICIARY ALONG WITH CANCELLATION REQUEST
7. BANK WILL CLASSIFY ALL ADVANCE PAYMENT GUARANTEE DIFFERENTLY FROM GENERAL GUARANTEE.
8. TSU-TCT APPROVAL IS MUST FOR ISSUANCE OF BG/SBLC
9. FOR RENEWAL OF BG/SBLC - TSU-TCT APPROVAL, SELF CERTIFIED COPY OF EXPORT ORDER, POGRESS/PERFORMANCE REPORT, PERFORMANCE O
H. LONG TERM ADVANCE PAYMENT AGAINST EXPORT (LAPE)
1. EXPORTER SHOULD HAVE MINIMUM 3 YEARS SATISFACTORY TRACK RECORD TO AVAIL LAPE GUARANTEE UPTO 10 YEARS
SUBJECT TO - FIRM/IRREVOCABLE SUPPLY ORDER, COMPANY CAPACITY, NOT IN ADVERSE NOTICE OF ED, ADJUSTED THROUGH FUTURE EXPORT, RO
DOCUMENT SHOULD BE ROUTED THROUGH SAME BANK, COMPLIANCE WITH AML/KYC, DD FOR THE OVERSEAS SUPPLIER, ADVANCES SHALL NOT BE U
CLASSIFIED AS NPA, NO DOUBLE FINANCING OF WORKING CAPITAL
2. RECEIPT OF ADVANCES OF USD 100 MN AND ABOVE SHOULD IMMEDIATELY REPORTED TO RBI.
3. WHEN BANK IS REQUIRED TO ISSUE BG/SBLC FOR EXPORT PERFORMANCE, SUBJECT TO - REGULAR EVALUATION, BASED ON APPROVED POLICY, N
AT A TIME AND THEREAFTER ROLLOVER OF 2 YEARS IN ALLOWED ON REDUCING BALANCE BASIS, BG ISSUANCE FROM INDIA IN FAVOUR OF OVERSEA
BE DISCOUNTED BY OVERSEAS BRANCH/SUBSIDIARY OF BANK IN INDIA, BANK SHOULD MONITOR THE POGRESS OF THE EXPORTER AND ANNUAL POG
SUBMITTED TO RBI.
I. DELAY IN UTILIZATION/REGULARIZATION OF ADVANCE AGAINST EXPORT
RBI HAS ADVISED BANKS TO REPORT ED ON QUARTERLY BASIS . PARAMETER ARE DEFINED FOR REPORTING OF CHRONIC DEFAULTERS TO ED. OUTS
RECEIVED AGAINST EXPORT NOT REGULARIZSED FOR MORE THAN 2 YEARS.
SXR,GRS,IRM OUTSTANDING FOR MORE THAN 1 YEAR SHALL BE ELIGIBLE FOR ED REPORTING
J. CLAIMING ADVANCE AGAINST EXPORT LC
1. RECEIVE REQUEST LETTER FROM CUSTOMER IN ORDER TO CLAIM ADVANCE AGAINST EXPORT UNDER LC
2. ENSURING THE AUTHENTICATION OF THE LC, SCAN THE DOCUMENT IN TMISC LODGE
3. SCAN THE CASE TO IRM TEAM IN TMISC REAL BY GIVING THE REFERANCE OF THE SXR NO LODGED EARLIER
4. REALIZE THE SXR MENTION THE SAME IN THE MESSAGE SCREEN "ADVANCE RECEIVED AGAINST CLAIM"
5. TRANSACTION TO BE SETTLED UNDER PURPOSECODE P0103. IE ADVANCE RECEIVED AGAINST EXPORT CONTRACTs
WHICH WILL BE COVERED LETTER BY GR/PP/SOFTEX/SDF
6. IN CASE OF SHIPMENT DOES NOT HAPPEN UNDER LC, FOLLOW UP PROCESS WILL BE FOLLOWED.
J. PROCESSING TRANSACTION FOR LCS CONTAINING ADVANCE PAYMENT CLAUSE
1. WHEN A LC CONTAINS ADVANCE PAYMENT CLAUSE PARTIAL CONFIRMATION HAVE TO BE ADDED FOR ADVANCE PAYMENT PORTION.
2. RECEIVE REQUEST FROM CUSTOMER FOR PARTIAL CONFIRMATION.
THIS REQUEST TO INCLUDE THE CLAIIM REQUEST ALSO.
2. ENSURE AUTHENTICATION OF THE LC IN TMISC XLC CONFIRMATION
3. SCRUTINY OF DOCUMENTS AND AMLOCK CHECK.
4. PROCESS CONFIRMATION REQUEST IN I-CORE, AND UPDATE SELF MESSAGE SCREEN WITH PARTIAL CONFIRMATION DETAILS
5. CLAIM FOR ADVANCE AMOUNT TO BE SENT THROUGH SWIFT AND SXR TO BE LODGED IN CORE AND KEPT OPEN STATUS TILL THE FUNDS RECEIVED
6. UPDATE SELF MESSAGE SCREEN WITH DETAILS OF THE ADVANCE REMITTANCE CLAIMED ALONG WITH LC REFERANCE NO.
7. XLC TO BE UTILIZED FOR THE ADVANCE AMOUNT CLAIMED AFTER CONFIRMATION
8. ON RECEIPT OF FUNDS FROM FOREIGN BANK REALIZE THE SXR CREDIT CUSTOMER AC THROUGH TMISC REAL TRACK
OTHER DETAILS AS PER ABOVE
12. ACCOUNTS
A. FCA
1. PARTICIPANTS IN INTERNATIONAL TRADE FAIR AND EXHIBITION CAN OPEN OUTSIDE INDIA AND REPATRIATE THE FUNDS TO INDIA AFTER ONE MONT
2. EXPORTER HAVING GOOD TRACK RECORD CAN OPEN IN INDIA OR OUTSIDE INDIA FORM EFC TO BE SUBMITTED, DETAILS OF THE AC OUTSIDE INDIA
3. AN INDIAN ENTITY CAN OPEN MAY OPEN FCA OUTSIDE INDIA IN THE NAME OF THEIR OVERSEAS OFFICE BRANCH
4. UNIT LOCATED IN SEZ MAY OPEN UNDER REGULATION 4 FEMA
5. A PERSON RESIDENT IN INDIA BEING A PROJECT SERVICE EXPORTER MAY OPEN
B. DDA
DIAMOND EXPORTER HAVING TRACK RECORD OF 2 YEARS OF ANNUAL TURNOVER 3 CRORE. CAN OPEN MORE THAN 5 DIAMOND DOLLAR ACCOUNT.
C. EEFC
1. A PERSON RESIDENT IN INDIA MAY OPEN WITH A BANK IN INDIA SUBJECT TO REGULATION 4 FEMA
2. PERMITTED TO INCLUDE CLOSE RELATIVES AS JOINT HOLDER
3. NON INTEREST BEARING, NO - CREDIT FACILITY
4. FOR CREDIT OF FOREIGN EXCHANGE EARNINGS
5. CONVERTED TO RUPEE AFTER CALENDER MONTH ENDS
6. ASSETS CANNOT BE MAINTAINED
7. ELIGIBLE TRANCTIONS ARE - i) INWARD REMITTANCES FORM OUTSIDE INDIA ii) PAYMENT IN FC FORM EOU,STPISEZ UNITS. iii) LOAN TO OVERSEAS B
8. WHEN EXPORTS PROCEEDS ARE CREDITED EEFC AC, EDF MAY INCLUDE NARRATION "PROCEEDS AMOUNTING TO…. REPRESENTING…. TO CREDIT
D. ESCROW AC
1. ELIGIBILE CREDIT IS EXPORT PROCEEDS AND ELIGIBLE DEBIT IS IMPORT PAYMENT
2. GOODS TO BE TRADED IN INTERNATIONAL PRICES
3. NO INTEREST PAYABLE
4. SHORT TERM DEPOSIT UPTO TOTAL PERIOD OF 3 MONTHS
5. NO CREDIT FACILITY
6. EXPORT PROCEEDS RECEIVED IN THE ACCOUNT TO BE UTILIZED FOR PAYMENT OF IMPORT WITHIN 6 MONTHS
13. AGENCY COMMISSION ON EXPORTS
BANK MAY ALLOW PAYMENT ON COMMISSION EITHER BY REMITTANCE OR BY DEDUCTION FROM INVOICE VALUE. THE REMITTANCE OF AGENCY COMM
SUBJECT TO CONDITIONS THAT -
1. AMOUNT OF COMMISSION IS DECLARED ON EDF AND ACCEPTED BY CUSTOMS AUTHORITY.
IF AGENCY COMMISSION ON EXPORT IS NOT DECLARED ON EDF THEN ALSO REMITTANCE OF AGENCY COMMISSION IS ALLOWED IF THERE IS VALID A
AND BENEFICIARY.
2. SHIPMENT HAS ALREADY BEEN MADE
BANK MAY ALLOW PAYMENT OF COMMISSION BY INDIAN EXPORTER, UNDER COUNTER GUARANTEE AGREEMENT THROUGH ESCROW ACCOUNT SUBJ
1. ABOVE TWO CONDITIONS
2. COMMISSION IS NOT PAYABLE TO ESCROW ACCOUNT IT-SELF
3. COMMISSION NOT ALLOWED AS DEDUCTION FROM INVOICE VALUE
3. PAYMENT OF COMMISSION IS PROHIVITED ON EXPORT MADE BY INDIAN PARTNERS TOWARDS EQUITY PARTICIPATION IN OVERSEAS JV/WOS AND E
CREDIT ROUTE EXCEPT COMMISSION UPTO 10% OF INVOICE VALUE FOR EXPORT OF TEA &TOBACOO
14. FACTORING
1. EXIM BANK AND BANK ARE PERMITTED TO DO FACTORING OF EXPORTERS EXPORT RECEIBABLES, REMITTANCE OF COMMITMENT FEE, SERVICE CH
2. SUCH REMITTANCES MAY BE MADE IN ONE LUMPSUM OR ON MONTHLY INTERVALS.
3. THIS CAN BE DONE ON NON-RECOURSE BASIS.
4. FOR EXPORTERS WORKING CAPITAL REQUIREMENTS
5. INVOICES PURCHASED FOR FACTORING SHOULD BE GENUINE.
6. EXPORT FACTOR HAVE AN ARRANGEMENT WITH THE IMPORT FACTOR FOR CREDIT EVALUTION AND COLLECTION OF PAYMENT
7. NOTATION TO BE THERE IN INVOICE THAT IMPORTER HAS TO MAKE PAYMENT TOWARDS IMPORT FACTOR
8. AFTER FACTORING EXPORTER MAY CLOSE THE BILL AND REPORT THE SAME TO RBI THROUGH EDPMS
9. IN CASE OF NOT INVOLVING IMPORT FACTOR. EXPORT FACTOR MAY AVAIL CREDIT EVALOUTION DETAILS FROM CORRESPONDENT BANK.
10. KYC AND DUE DILIGENCE OF THE EXPORTER TO BE ENSURED BY THE EXPORT FACTOR
15. EXPORT OF GOODS ON LEASE-HIRE
1. PRIOR APPROVAL OF RBI REQUIRED FOR EXPORT OF MACHINERY, EQUIPMENTS ON LEASE.
2. BANKS ARE HIRED FOR COLLECTING RENTAL AND HIRE CHARGES
16. EXPORT OF CURRENCY
1. PRIOR PERMISSION OF RBI REQUIRED FOR EXPORT OF INR.
2. ANY PERSON RESIDENT IN INDIA MAY TAKE INR OUTSIDE INDIA (EXCEPT NEPAL-BHUTAN) UPTO 25000
3. ANY PERSON RESIDENT OUTSIDE INDIA WHILE VISIT IN INDIA CAN TAKE OUT WITH HIM INR UPTO 25000 (EXCEPT PAKISTAN AND BANGLADESH)
17. SETTING UP OFFICES ABROAD AND ACQUISITION OF IMMOVABLE PROPERTY THERE
1. AT THE TIME OF SETTING UP OVERSEAS OFFICES EXPENSES UPTO 15% OF AVERAGE ANNUAL SALES DURING LAST 2 YEARS (UPTO 25% OF THE NE
2. FOR RECURRING EXPENSES 10%
3. A REPRESENTATIVE OF OUR OFFICE TO BE SENT IN ABROAD OFFICE.
4. OVERSEAS BANCH SHALL NOT ENTER INTO ANY CONTRACT OR ANYTHING THAT CREATES LIABILITY FOR INDIAN OFFICE.
5. SHOULD NOT INVEST SURPLUS FUNDS ABROAD WITHOUT PRIOR APPROVAL OF RBI TO BE BUT TO BE REPATRIATED TO INDIA
6. DETAILS OF BANK ACCOUNT SHOULD BE PROMPTLY REPORTED TO INDIAN BANK
7. INDIAN COMPANY CAN ALSO REMIT UPTO THE ABOVE LIMIT FOR ACQUISITION OF IMMOVABLE PROPERTY OUTSIDE INDIA.
8. OVERSEAS BRANCH OFFICE OF SOFTWARE COMPANY MAY REPATRIATE TO INDIA 100% OF THE CONTRACT VALUE OF A OFFSITE CONTRACT
9. IN CASE OF ONSITE CONTRACT PROFIT OF THE CONTRACT
10. AN AUDITED YEARLY STATEMENT OF OFFSITE ONSITE CONTRACT UNDERTAKEN OVERSEAS EXPENSES AND REPATRIATION TO INDIA
18. OPENING/HIGHERING WAREHOUSES ABROAD
BANK MAY GRANT PERMISSION SUBJECT TO
1. APPLICANTS EXPORT OUTSTANDING DOESNOT EXCEED 5% OF THE EXPORT MADE DURING THE PREVIOUS FINANCIAL YEAR.
2. APPLICANT HAS A MINIMUM TURNOVER OF 1 LAKH DURING LAST FINANCIAL YEAR.
3. ALL TRANSACTION TO BE ROUTED THROUGH THAT BANK
4. ABOVE PERMISSION TO BE GRANTED FOR EXPORTER FOR A PERIOD OF 1 YEAR.
5. BANKS GRANTING SUCH PERMISSION SHOULD MAINTAIN PROPER RECORDS OF APPROVAL
19. SHORT SHIPMENT - SHUTOUT SHIPMENT
1. WHEN EDF ALREADY FILED WITH CUSTOMS BUT SHIMENT IS HAPPENING FOR LESS VALUE, SHORT SHIPMENT NOTICE TO BE SUBMTTED WITH THE C
OBTAINING SHORT SHIPMENT NOTICE FROM THE CUSTOMS FOR SUBMITTING WITH BANK
2. WHERE THE ENTIRE SHIPMENT IS SHUTOUT, AND NOTICE TO BE GIVEN TO CUSTOMS IN DUPLICATE COPY OF EDF, CUSTOM WILL VERIFY THAT SHIP
AND CERTIFY ONE COPY OF EDF AND GIVE TO CUSTOMER. ALSO CUSTOM WILL CANCEL ORIGINAL COPY PREVIOUSLY SUBMITTED.
20. EXPORT OF GOODS BY SEZ
1. UNITS IN SEZ ARE PERMITTED TO UNDERTAKE MANUFACTURE ABROAD, AND EXPORT GOOS FROM THAT COUNTRY, SUBJECT TO CONDITION THAT
MANUFACTURING CHARGES ARE ADDED WHILE CALCULATING MRP IE. IT SHOULD BE BORNE BY BUYER.
2. REALIZATION PROCEDURE TO BE SAME AS USUAL EDF PROCEDURE.
3. DTAS ARE ALLOWED TO MAKE PAYMENT IN FOREIGN EXCHANGE TO SEZ FOR SUPPLY OF GOODS AND SERVISES TO THEM
4. LETTER OF APPROVAL ISSUED BY DC TO SEZ, SHOULD BE CHECKED FOR GOODS AND SERVICES SUPPORTED AND PAYMENT IN FOREIGN EXCHAN
21. MID-SEA- CATCH BY DEEP SEA SHIPPING VESSEL
1. FOR MID-SEA TRANSHIPMENT OF CATCHES BY INDIAN OWNED VESSELS WHICH HAVE LICENCE TO OPERATE FROM MOA,GOI.
2. THE EDF DECLARATION PROCESS IN THIS REGARD IS DIFFERRNT. EXPORTER TO SUBMIT THE EDF DULY SIGNED BY MASTER OF VESSEL TO CUSTO
INDICATING COMPOSITION OF CATCH, QUALITY OF EXPORT VALUE, DATE OF TRANSFER OF CATCH.
3. DATE OF TRANSFER OF CATCH = DATE OF SHIPMENT
4. BILL OF LADING/RECEIPT OF TRANSHIPMENT ISSUED BY VASSEL SHOULD INCLUDE EDF NO
5. EDF TO BE CERTIFIED BY INTERNATIONAL CARGO SURVEYOR
6. PERIOD OF REALIZATION WILL BE DETERMINED ON THE BASIS OF BL OR INVOICE
7. EDF TO MENTION LETTER OF PERMIT NO ISSUED BY MOA
8. EDF CAN BE SUBMITTED TO ANY CUSTOMS REGISTERED VESSEL APPROVED BY MOA.
9. CUSTOM WILL GIVE THE RUNNING SERIAL NO IN BOTH THE COPIES
22. COSOLIDATION OF SHIPPING DOCUMENTS
A. CONSOLIDATION OF AIR-CARGO AND SEA-CARGO
1. WHERE AIR-CARGO IS SHIPPED UNDER CONSOLIDATION THEN AIRLINE COMPANIES MASTER AIRWAY BILL WILL BE ISSUED TO THE CONSOLIDATED
THE CARGO AGENT IN TURN WILL ISSUE HIS OWN HAWB TO INDIVIDUAL SHIPPERS.
2. BANK MAY NEGOTIATE HWAB ONLY IF THE LC SPECIALY STATES HWAB CAN BE USED FOR NEGOTIATION INSTEAD OF MWAB.
3. IN CASE OF BILL OF LADING, BANK MAY ACCEPT FORWARDERS CARGO RECEIPT ISSUED BY IATA APPROVED AGENTS IN LIUE OF BL. FOR NEGOTIAT
FORWARDER CARGO RECEIPT THEN ONLY CAN BE USED
4. WHERE EXPORT TRANSACTION ARE NOT BACKE BY LC, BANK IS IN OWN DIRECTION WHEATHER TO USE TO HWAB OR FCR, SUBJECT TO BONAFIED
B. DELAY IN SUBMISSION OF SHIPPING DOCUMENTS
MEANS MORE THAN 21 DAYS, NO RBI APPROVAL REQUIRED
C. DOCUMENTS ONCE SUBMITTED TO BANK FOR NEGOTIATION
NOT USUALY RETURNED TO EXPORTER UNLESS RECTIFICATION REQURED
D. NON NEGOTIABLE COPY
BANK MAY DELIVER NON-NEGOTIABLE COPY OF BL TO THE MASTER OF CARRING VESSEL AS AGENT OF THE IMPORTER FOR LAND LOCKED COUNTRIE
SHIPMENT IS COVERED BY AN IRREVOCABLE LC AND IT IS STATED IN THE LC
23. CHANGE IN BUYER/CONSIGNEE
PRIOR APPROVAL OF RBI NOT REQUIRED IF GOODS HAVE ALREADY BEEN SHIPPED AND AFTER THAT BUYERS DEFAULTS SO TRANSFERRED TO 2ND B
i) REDUCTION IN INVOICE ALLOWED SUBJECT TO 25 %. ii) REALIZATION OF EXPORT PROCEEDS IS BEYOND 12 MONTHS
24. REDUCTION IN INVOICE VALUE
1. BY WAY OF CASH DISCOUNTS TO IMPORTERS IF REPAYMENT OF USANCE BILLS PAID BEFORE TIME.
DISCOUNTS WILL BE GIVEN AT LIBOR FOR UNEXPIRED PERIOD.
2. AFTER BILL HAS BEEN NEGOTIATED OR SENT ON COLLECTION BASIS THE AMOUNT CNNOT BE REDUCED MORE THAN 25%, SUBJECT TO
i) COMMODITY DOES NOT REALTE TO FLOOR PRICE STIPULATIONS
ii) EXPORTER IS NOT CAUTION LISTED BY RBI
iii) EXPORTER HAS SURRENDERED EXPORT INCENTIVES IF ANY
3. IN CASE OF EXPORTERS WHO IS IN THE EXPORT BUSINESS FOR MORE THAN 3 YEARS (OUTSTANDING NOT EXCEED 5%) REDUCTION IN INVOICE
VALUE MAY ALLOWED WITHOUT PERCENTAGE CEILING
25. REFUND OF EXPORT PROCEEDS
BANKS THROUGH WHICH EXPORT PROCEEDS WERE ORIGINALLY BE REALIZED MAY CONSIDER REQUEST FOR REFUND OF EXPORT PROCEEDS IF GOO
ON ACCOUNT OF POOR QUALITY. WHILE REMITTING SUCH TRANSACTION BANKS ARE REQUIRED TO -
i) EXERCISE DUE-DILLIGENCE REGARDING TRACK RECORD OF THE EXPORTER.
ii) VERIFY THE BONAFIED OF THE TRANSACTION
iii) OBTAIN A CERTIFICATE FROM EXPORTER ISSUED BY DGFT/CUSTOMS THAT NO INCENTIVES HAVE BEEN AVAILED BY THE EXPORTER
iv) OBTAIN UNDERTAKING FROM THE EXPORTER THAT GOODS WILL BE RE-IMPORTED WITHIN 3 MONTHS FROM THE DATE OF REMITTANCE.
v) ENSURE ALL PROCEDURES FOR NORMAL IMPORTS ARE ENSURED.
26. REMIT TO APPLICANT
BANK MAY REMIT EXPORT CLIMS OF APPLICANT SUBJECT TO -
1. EXPORT PROCEEDS HAS BEEN REALIZED
2. EXPORTER IS NOT ON CAUTIONLISTED
3. EXPORT INCENTIVES TO BE SURRENDERED
5. SETOFF
SETOFF OF EXPORT RECEIBABLES AGAINST IMPORT PAYABLES
ALL RELEVANT DOCUMENT SUBMITTED
PAYMENT OF IMPORT OUTSTANDING IN THE BOOKS OF IMPORTER
EDF WILL BE RELEASED AFTER ENTIRE EXPORT PROCEEDS ADJUSTED
SAME OVERSEAS BUYER AND SELLER
ACU COUNTRIES ARE NOT ALLOWED
REPORTED IN R RETURNS SEPATATELY
6. NETOFF
NETTING OF OF EXPORT RECEIBABLES AGAINST IMPORT PAYABLE
ALLOWED FOR UNITS IN SEZ AND BETWEEN SAME ENTITY AND OVERSEAS PARTY
ON BALLANCESHEET DATE OF SEZ
OTHERS SAME AS NETOFF
7. DUE DATE EXTENTION
UPTO PERIOD OF 180 DAYS AT A TIME
DECLARATION WITHIN THAT REALIZE
EXTENTION BEYOND 1 YEAR
DOES NOT EXCEED USD 1 MILLION
OR 10% OF AVERAGE EXPORT REALIZATION
DURING 3 PRECEEDING FINANCIAL YEAR EXCEPTION SUITS ALL OUTSTANDING BEYOND 6 MONTHS
XOS REPORTING
EXTEND MORE FOR REASON BEYOND HIS CONTROLL
1. RBI EXPORT CREDIT
2. MTT MUB AND MDC FIRC
3. PROJECT EXPORT
3. EDPMS RBI APPROVAL
4. LAPE GUARANTEE
5. ED REPORTING
YPES OF EXPORT TRANSACTIONS -
OF BUSINESS
OF DUE DILIGENCE OR ONLY KYC
EQUIVALENT
STRUCTION ACCORDINGLY
DATE,TIME.
S UP TO $ 10 LAKH, SUBJECT TO -
CTRONIC FORM
ODS FROM DTA
DEVELOPMENT ETC.
AS PER CAAM
APPROVAL OF RBI.
UPTO MAXIMUM TENOR OF 10 YEAR
E FOLLOWED.
E DETAILS STPI, CERTIFICATE OF EXPORT NOTE
Y TO BE OBTAINED, RBI APPROVAL IS NOT REQUIRED FOR?
ENT PORTION.
D OF TIME IN EDPMS.
T GRANTED
MING NEW DUE DATE.
D RO OF RBI
BC
NSPORT DOCUMENT
AT EXPORT BENEFIT WILL NOT BE CLAIMED.
OMER DECLARATION
BEYOND 90 DAYS.
ENESS OF TRADE
WHICHEVER IS FIRST.
ICATION ISSUED
HEVER IS FIRST
IMPORT LEG
NE CARGO SURVEYAR
DATE OF INVOICE WHICHEVER IS EARLIER
HER DOCUMENTS.
REQUIRED
UE" - FOR TOTAL AMOUNT OF COMMODITY EXPORTED,
N VIA AN AUHENTICATED
CEIBABLES IN TERMS
D OR DISHONOURED THE CONCENT LETTER DIRECTLY
ESPONDENT BANK.
AN AND BANGLADESH)
ATION TO INDIA
5%, SUBJECT TO
) REDUCTION IN INVOICE
HE EXPORTER
OF REMITTANCE.
PART - 1 - ADVANCE PAYMENT AGAINST IMPORT (SMI)
A. CONCEPT
1. CONTRACT DONE BETWEEN IMPORTER AND EXPORTER. IMPORT OF PLATINUM
2. EXPORTER IN REPUTABLE POSITION AND IMPORTER SENDS ADVANCE TO EXPORTER SILVER ON UNFIXED PRICE BASIS
3. HE CAME TO BANK BANK DEBIT CUSTOMER ACCOUNT, CONVERT THE FUNDS BY FX DEAL TO RESPECTIVE CURRECY AND CREDIT THE FUNDS IMPORT OF DIAMOND
TO OUR FOREIGN CORRESPONDENT BANK WITH A MT103 SWIFT WHERE DETAILS OF BENEFICIARY, BENEFICIARY BANK AND ACCOUNT NO ARE THERE.. EDD
4. CORRESPONDENT BANKS ARE TRYING TO MAINTAIN NOSTRO WITH ALL FOREIGN BANKS OF RESPECTIVE REGION OR MAINTAIIN NOSTRO WITH BIG BANKS WHO USUALY HAVE WRITE OFF
NOSTRO WITH ALL BANKS. MAIN OBJECT IS TO TRANSMIT FUNDS TO FOREIGN BENEFICIARY FAST. D AND B REPORT
ICIC HONG KONG - MAINTAINING NOSTRO WITH ALL ASIAN BANKS BPO
ICICI GERMANY - MAINTAINING NOSTRO WITH ALL EUROPE BANKS DEEMED IMPORT
2. DOCUMENTS AIRCRAFT/SHIP
1.CRL FORM A1 WITH FEMA NNL DECLARATION ALONG WITH IE CODE AND HS CODE IMPORT BY SEZ
2.PI/PO/CONTRACT IMPORT BY 100% EOU
3.UNDERTAKING SUBMISSION OF BOE AMLOCK
4.ADVANCE IMPORT DECLARATION
5.EITHER EDD/NIL BOE PENDING CONFIRMATION
6.FX DEAL AND APPROVAL IN CASE OF DELAY APPROVAL
7.IMPORT LICENCE IN CASE OF RESRICTED GOODS
3. CHECKLIST
1. IE CODE IN ICEGATE, HS CODE IN DGFT, AMLOCK CHECK
2. CONSISTENCY IN NAMES,CURRENCY AMOUNT IN ALL DOCUMENTS AND PAYMENT SHOULD BE AS PER INVOICE
3. IMPORT OF GOLD NOT ALLOWED, .IMPORT OF BOOKS FREELY ALLOWED
4. IF BENE NAME AND COUNTRY DIFFERENT IN CRL AND INVOICE, THIRDPARTY PAYMENT GUIDELINES
5. CHECK FOR APPLICIBILITY MTT AND PROJECT EXPORT
6. CRL SHOULD CONTAIN CUSTOMER ACKNOWLEDGEMENT AND SIGNATURE AND STAMP, BALANCE IN CUSTOMER ACCOUNT WITH FUNDS AVAILIBILITY.
7. ADVANCE PAYMENT TERMS TO BE MENTION IN PI/PO AND ADVANCE PAYMENT NOT MORE PERCENTAGE MENTIONED IN PI
8. COUNTRY OF ORIGIN IF YES SHOULD BE AS PER ADVANCE IMPORT DECLARATION AND NOT BE RESTRICTED UNDER SCANTIONED COUNTRIES
9. INVOICE MUST BE ENDORCED, IN CASE OF PARTIAL ADVANCE IMPORT OR NIL BOE PENDING CONFIRMATION.
10. DIRECT DEAL UTILIZE IN CREDENCE FORWARD DEAL UTILIZE IN DRA GTSU DEAL UTILIZE IN CREDENCE MUREX DEAL ID 8 DIGIT RELATED DEAL ID 12/9 DIGIT
11. IMPORT LICENCE FOR RESTRICTED GOODS CHECK -NAME OF IMPORTER, VALIDITY OF IMPORT LICENCE GOODS DESCRIPTION CURRENCY AND QUANTITY
12 ACU MECHANISM TO BE FOLLED FOR ACU COUNTRIES IMPORT OF OIL AND GAS IS PERMITTED CURRENCY
13. BANK GURANTEE ABOVE USD 10000 AND FOR GOI ABOVE USD 100000
14 . GOODS IMPORED FOR PERSONAL USE CAN BE PROCESSED FROM SAVINGS ACCOUNT
15. MENTION PPR(CUSTOMER ASSESSMENT CERTIFICATE OR POSTAL APPRISAL FORM WHERE IMPORT HAVE BEEN MADE BY POST
16. SAFE APPROVAL CHINESE BENEFICIARY HOLDING BANK ACCOUNT ABROAD
18. CNAPS CODE FOR CNY, IBAN FOR EURO/UAE PAYMENT, POPS CODE FOR JORDAN
19. JPY 1 M OTHER 1 L APPROVAL ,LATE DEAL UTILIZATION APPROVAL
20. EDD OVERDUE 15 DAYS RETURN
21. CHARGES ASPER CAL,I-MEMO,RELATED PARTY LIST
PART - 5 - IMPORT LC
A. BASIC AND DOCUMENTS FOR IMPORT LC
APPLICANT COMES TO US TO OPEN AN LC IN FAVOUR OF BENEFICIARY
1.CRL 6.MTT DECLARATION IF ANY
2. LC APPLICATION WITH FEMA AND NNL DECLARATION 7. STANDARD BL CLAUSE IS INCORPORATED
3. PI/PO/SA AMOUNT >=LC VALUE 8. LC APPLICATION SHOULD BE SIGNED
4. INSURANCE POLICY FORM APPLICANT IF INCOTERMS BY APPLICANT ON ALL PAGES
IS CPT/CFR/FOB/EXW/FCA/FAS 9.CONTRACT SIGNED BY APPLICANT
AMOUNT OF INSURANCE IS >= 110% OF LC AMOUNT 10.IMPORT LICENCE IN CASE OF RESTRICTED GOODS
LC EXPIRY< INSURANCE EXPIRY 11. KYC AND AML NORMS COMPLIED
POLICY CONSIGNED TO ICICI AIRCRAFT/BPO
5.IF INCOTERMS IS CIF/CIP/DAT/DAP STANDARD
INSURANCE CLAUSE SHOULD BE INCORPORATED
IN LC
B. CHECKLIST FOR IMPORT LC
BRANCH CHECKLIST MLC ADDITIONAL BRANCH CHECKLIST FOR ISSUANCE OF ESCALATION/DESCALLATION CLAUSE
CHARGES AND MARGIN AC NO AND BALLANCE REVOLVING LC 1.FOR LCS RELATED TO IMPORT OF OIL
CUSTOMER SIGNATURE VERIFY WITH LC APPLICATION 1. NO OF REVOLVEMENTS UNDER THE LC (NOT UNLIMITED) ADDITIONAL LIMIT NEED TO BE BLOCKED
LIMIT IS VALID AND AVAILABLE 2. TOTAL DRAWINGS ALLOWED UNDER THE LC AS PER CONDITIONS STATED IN CAL
CAL UPADATED FOR CHARGES, IF CAL IS EXPIRED APPROVAL 3. REINSTATEMENT TYPE- AUTOMATIC 2. IN CASE CAL IS SCILENT ADDITIONAL
LDN BEYOND EXPIRY APPROVAL 4.WHEATHER REVOLVEMENT IS CUMULITIVE OR NON 15 % LIMIT TO BE BLOCKED TO COVER
OVERDUE LIABILITY APPROVAL CUMULITIVE PRICES OR CHANGE IN QUANTITY
STAMP PAPER IN CASE OF NON MFA ADDITIONAL CHECKLIST FOR REIMBURSEMENT FINANCE 3. IF CAL PERMITS ESCALLATION/
FD NO FOR MARGIN -BALLLANCE AND MATURITY DATE 1. LC APPLICATION TO MENTION THE SAME DEESCALLATION CLAUSE FOR PRICE/
1 MILLION OR ABOVE LC VALUE, D&B REPORT OF BENEFICIARY, 2. FUNDING ARRANGEMENT OFFER LETTER EMAIL FORM QUANTITY/ PRICE AND QUANTITY
FORBES INTERNATIONAL 500 LIST OR APPROVAL AS PER TRADE FUNDING BANK OR EMAIL CONFIRMATION FROM IFIG BLOCK LIMIT AS PER CAL
DEVIATION 3. CONFIRM THE VALUE OF THE STAMP 4. IF SCILENT ABOUT PERCENTAGE
GENERAL CHECKLIST FOR MLC IMPORT LICENCE CHECKLIST TAKE 15%
1. LC APPLICATION SHOULD MATCH WITH 1. AMOUNT-BALANCE, COMMODITY, VALIDITY LDS DT, ENDORC 5. IF CAL DOES NOT PERMIT RETURN
CONTRACT , BENEFICIARY DETAILS, DESCRIPTIONS OF GOODS, FOR LC VALUE AUTHENTICATION BY BRANCH, LC OPENER NAMEREVOLVING LC
TERMS OF PAYMENT, TENOR OF LC, LC EXPIRY DATE, SHIPMENT TERCOUNTRY OF ORIGIN MATCH WITH LC 1. MAXIMUM LIABILITY SHOULD NOT
2. PO SHOULD BE SIGNED BY APPLICANT 2. IF ON OTHER PERSON NAME IT MUST BE ENDORSED BE UNLIMITED
PI SHOULD BE SIGNED BY BENEFICIARY 3. IN CASE OF CAPITAL GOODS LICENCES THE TIME LIMIT 2. MAXIMUM LIABILITY OF BANK AS
3. OFAC COMPLIANCE FOR REPLACEMENT OF SUCH ORDERS SHOULD BE CHECKED GIVEN IN LC TEXT NOT BREACHED
4. OVERDUE STATUS CHECK WITH THE DATE APPLIED 3. CHECK WHEATHER RE
5. AMMENDMENT OF EXPIRED LC CAN BE MADE INSTATEMENT IS AUTOMATED
WITHIN ONE MONTH FROM EXPIRY INSURANCE, STAMP DUTY CHECKLIST 4. VERIFY NO OF REINSTATEMENT
6. CHARTER PARTY BILL OF LADING, THIRD PARTY DOCUMENTS, IN CASE OF SPECIFIC VOYAGE POLICY AS PER LC
CASES WHERE BL SHOULD BE CONSIGNED TO APPLICANT COMMODITY,WEIGHT,SHIPMENT DATE RED CLAUSE LC
APPROVAL REQUIRED SHOULD BE AVAILABLE 1. CAL SPECIFICALLY PERMIT
7. BUSINESS HEAD APPROVAL REQUIRED TRASPORT DOCUMENT EFFECTIVE DATE ON OR BEFORE ON 2. MAXIMUM LIMIT OF ADVANCE
TO APPLICANT BOARD DATE AS PER CAL
8. OVERDUE LIABILITY UPTO 80 DAYS CLIENT APPROVAL VALIDITY SIGHT LC LETTER THAN 3. MAXIMUM AMOUNT THAT ADVISING
ABOVE 80 DAYS ED APPROVAL EXPIRY DATE AND USANCE LC OR NEGOTIATING BANK COULD PAY
9.HS CODE IN DGFT SHOULD BE FREE LETTER THAN LDS IN ADVANCE TO BENEFICIARY
10 IE CODE IN ICEGATE INSTITUTE CARGO CLAUSE A SHOULD BE AS PER CAL
11. AMLOCK WITH EXTENDED COVERAGE 4. THIS AMOUNT SHOULD BE
12. RBI DEFAULTER LIST APPROVAL REQUIRED FOR TRANSSHIPMENT,THREFT, MENTIONED IN CLAUSE INCOPORATED
13. RBI CAUTION LIST CAN BE PROCESSED GENERALLY PILFERAGE,BREAKAGE, NON IN LC
14. D AND B REPORT DELIVERY INR DENOMINATED INVOICE
ADVISING INSTITUTE WAR CLAUSE PERMISSIBLE INTEREST PAYMENT
LC TEXT INSTITUTE TRANSFER CLAUSE ON TRADE CREDITS
1. LC TEXT IN LINE WITH UNDERLYING CONTRACT STAMPING NOT REQUIRED CAP- REPO+3 BPS
2. BL SHOULD BE CALLED FOR TO ORDER BANK ENDORCED FOR MFA EXECUTED CLIENT GOLD IMPORT LC
OR TO ORDER OF ICICI BANK, EVEN IF LC APPLICATION IS SCILENT FOR NON MFA REQUIRED 1. LC CAN BE OPENED ON BEHALF OF NOMINATED
3. FOR CONFIRMED LC DRAFT SHOULD BE DRAWN ON CONFIRMING CHECK ADEQUACY OF STAMP DUTY AGENCIES, EOUS ENGAGED IN GEM AND JEWELLERY
BANK AND LC SHOULD EXPIRES ON CONFIRMING BANK COUNTER AND DATE OF STAMP NOT BE LESS SECTOR SITUATED IN SEZ ONLY.
4. OFAC CLAUSETO BE INCLUDED IN ALL TRANSACTIONS THAN 6 MONTHS 2. SC AND BC FOR IMPORT OF GOLD INCLUDING
"THIS LC WOULD BE SUBJECT TO US, EU, UN , INDIA AND OTHER" D AND B REPORT OF BENEFICIARY THE USANCE PERIOD OF LC DOES NOT EXCEED
SCANTIONS INCLUDING DUE TO USE OF A CORRESPONDENT 1.REQUIRED FOR LC VALUE ABOVE 1 MILLION 90 DAYS
BANK. CONSEQUENTLY PROCESSING OF THIS LC WOULD BE 2.EXCEPTION RATED A IN FORBES INTERNATIONAL 3. REPORT ON OVERSEAS SUPPLIER TO ESTABLISH
SUBJECT TO SAME" 500 AND ASIA WEAK 1000 CREDENTIAL OF OVERSEAS SUPPLIER
5.ISSUANCE OF LC WITH A CLAUSE ACCEPTANCE OF LOI 3. GM APPROVAL FOR WAIVER 4. FOR IMPORT OF JEWELLERY 90 DAYS USANCE
INSTEAD OF BL IS ALLOWED 4. 100 % MARGIN CASES AND GOLD IMPORT PERMITTED
6. ACCEPTANCE OF LOI IN LIEU OF FULL SET OF 3/3 ORIGINAL WAIVER IS NOT APPLICABLE 5. FOR ALL OTHER DP BASIS- REFER IMPORT OF GOLD
BILL OF LADING IN OIL TRANSACTIONS 5. NAME AND ADDRESS OF OVERSEAS PARTY MATCH 6. LC-PDF SHOULD MENTION ACTRUAL LC VALUE
7. BOE SHOULD BE DRAWN BY BENEFICIARY ON ISSUING BANK WITH CRL AND CHARGES TO BE COLLECTED
NOT ON APPLICANT SO, OBLIGATION TO PAY IS OF ISSUING BANK. 6.LINE OF BUSINESS COMMENSURATE WITH 7. ADDITIONAL LIMIT TO BE BLOCKED AS PER CAL
8. LC SHOULD MENTION UCP LATEST VERSION TRANSACTION RECEIVED OVER AND LC VALUE PLUS TOLLERANCE OR
9. DISCRIPANCY BETWEEN SOFTCOPY AND HARDCOPY 7. DATE OF INCORPORATION SHULD BE PRIOR AS PER CUSTOMER REQUEST WHICHEVER IS
OF LC TEXT CLARIFICATION TO BE TAKEN TO SHIPMENT HIGHER BUT UPER CAP LIMIT MENTIONED IN CAL
10. REIMBURSEMENT INSTRUCTION TO BE INCORPORATED FOR 8. AML CHECK ON NAME OF DIRECTORS/PROMOTERS SHOULD NOT EXCEED
ALL CONFIRMED LCS DENOMINATED IN ANY CURRENCY AND 9. CREDIT RATING SHOULD BE SATISFACTORY 8. IN CASE CAL HAS NO MENTION APPROVAL REQUIRED
UNCONFIRMED LC DENOMINATED IN USD AND EURO 10. UNABLE TO LOCATE THE COMPANY,REFUCE TO FORM RISK AND PRODUCT
11. PI OR PO AMOUNT CAN BE GREATER THAN LC APPLICATION PROVIDE INFORMATION,CASES FILED AGAINST COMPANY SAMPLE FORMAT
BUT NOT LESS FINANCIAL STREANTH IS UNDISCLOSED, RISK INDICATOR 8. 45(A) GOODS DESCRIPTION TO BE VERY CLEAR
12. IF TENOR IN PI IS SCILENT ON TOLLERANCE IS GIVEN AS UNDETERMINED,OVERSEAS REIMBURSEMENT FINANCE STRUCTURE
WHERE AS LC APPLICATION MENTIONS UP TO10% TOLLERANCE SUPPLIER HAVING RISK INDICATOR OTHERTHAN 1 AND 2 1. LC APPLICATION SHOULD INDICATE REIMBURSEMENT
PROCESS AS PER LC APPLICATION AGM APPROVAL REQUIRED FINANCE STRUCTURE
13. CURRENCY IN PO OR PI IS DIFFERENT FROM LC LIMIT SET-UP 2. CONFIRMATION FROM IFIG/IMPORTER ABOUT
APPLICATION BUT IS ONE WHICH IS GENERALLY TRADED AND LIQUID 1.AVAILIBILITY AND VALIDITY OF LIMIT THE ARRANGEMENT WITH THE FOREIGN BANK
PROCESS AS PER LC APPLICATION CURRENCY IF CONVERTED 2.COPS LIMIT, FD BACKED LIMIT 3. COMPLETE SET OF DOCUMENTS FORWARDED TO
AMOUNT IS UPTO 115% OF LC APPLICATION AMOUNT 3. WHEN FUND AND NON FUND BASED SWIFT
14. MISMATCH OF INCOTERMS IN CONTRACT AND LC APPLICATION LIMITS ARE INTERCHANGABLE 4. FATF COUNTRY CHECK ON FUNDING BANK
LC - CIF, PO-FOB, LC AMOUNT NOT MORE THAN 15% OF LC APPLICATI AS PER LSM AND CAL ADDITIONAL CHECKLIST FOR AMMENDMENT OF IMPORT LC
LC-CIF, PO-CFR LC AMOUNT NOT MORE THAN 10 % IN LC APPLICATIONA.WHEN NON-FUND BASED LIMIT IS 1. LIMIT ID TO BE MODIFIED AND IN CASE OF COPS
LC-FOB, PO-CIF LC AMOUNT NOT LESS THAN 15% IN LC APPLICATION CHILD LIMIT OF FUND BASED LIMIT IN CASE OF FD LIMIT ADDITIONAL MARGIN TO TAKE
LC-CFR, PO-CIF LC AMOUNT NOT LESS THAN 10 % IN LC APPLICATIONOR VICE VERSA LC DRAFT TO BE AMMENDED
15. SHIPMENT DATE PRIOR TO LC OPENING DATE CALL FOR B.ENSURE FUND BASED LIMIT ARE 2. TENURE OR AMOUNT OF LC TO BE CHANGED AS CRL
SHIPPING DOCUMENTS HOWEVER NOT BEFORE PO/PI DATE AVAILABLE IN I-CORE 3. CHARGES COMMISSION SHOULD BE AS PER I-MEMO
ENSURE USANCE PERIOD FROM DATE OF SHIPMENT C.CHECK FUND BASED LIMIT AT 4. IN CASE OF VALUE ENHANCEMENT NAME SCREENING
NOT FROM LC ISSUANCE ACCOUNT LEVEL/CC LEVEL TO BE DONE AS PER AMLOCK GRID
16. LC WITH ESCALLATION CLAUSE SHOULD HAVE LIMIT UPTO NO CHANGE IN DRAWING POWER JV/WOS/STEP-DOWN SUBSIDIARY
WHICH LC CAN BE OVERDRAWN AND CAN BE OPENED WITH PROPER TO BE DONE A. ENSURE CAL SPECIFICALLY MENTIONS BELOW
SCANTION AND MAXIMUM COMMITMENT OF BANK UNDER THE LC D.100% FD BACKED CASES CHECK 1. CLIENT FOR WHOOM THE LC IS OPENED
SHOULD BE DEFINED AND COMMISSION NEEDS TO BE COLLECTED FD EXPIRY DATE AND LC EXPIRY DATE IS A JV WOS OR SD SUB OF INDIAN CO
FOR ADDITIONAL LC AUTO CLOSURE SHOULD BE NO 2. LC CAN BE OPENED FOR THAT PARTICULAR
17. IF AVAILABLE WITH BANK (41 A) MENTIONS AS X BANK BY AUTO RENEWAL SHOULD BE YES JV/WOS/STEP-DOWN SUBSIDIARY
ACCEPTANCE, THEN 42(D) FIELD DRAWEE SHOULD BE X BANK ONLY REPAYMENT ACCOUNT SHOULD BE 3. TENOR OF LC
18. NO RESTRICTIONS OPENING LC OF ESSENTIAL ITEMS COLLECTION ACCOUNT 4. COMMODITY THAT CAN BE IMPORTED
NOT PERMITTED TO OPEN INLAND LCS E.PRE-LIMIT CARVING SCREENSHOT 5. SEPATATE LIMIT ONLY FOR IMPORT LC
19. LC APPLICATION AND OTHER DOCUMENTS SUBMITTED TENOR CHECKLIST OR WOS OR STEP DOWN SUBSIDIARY
WITHOUT SPECIFYING OR MARKING CLAUSES, TRANSACTION TO 1.SIGHT CHARGES DATE OF OPENING AND NOT INTERCHANGABLE WITH OTHER LIMITS
BE PROCESSED BY INSERTING OUR STANDARD CLAUSE TO DATE OF EXPIRY B. COPY OF RBI LETTER ALLOTING UIN TO THE
20. MAXIMUM COMMITMENT OF THE BANK UNDER LC 2.MAXIMUM USANCE PERIOD PERMITTED CLIENT TO BE VERIFIED
SHOULD BE DEFINED IS 180 DAYS FROM THE DATE OF C. APPROVAL FGARG OR PIVG OR CMOG TO
RISK INDICATORS SHIPMENT BE PLACE PRIOR TO LC APPLICATION
1.STRONG 3. MORE THAN 180 DAYS SUPPLIERS D.CHARGES
2.GOOD CREDIT APPROVAL G.MASTER FACILITY AGREEMENT
3. FAIR 4.INCREASE IN LC VALUE CREDIT IS SUBJECT TO UCP LATEST VERSION
4. LIMITED REVISED TRADE CREDIT APPROVAL NOT CONTRADICT WITH ANY RULES
O. INFORMATION 5.CAPITAL GOODS 1-3 YEARS GOODS NOT NEGATIVE LIST OR LICENCE
INSUFFICIENT TRADE CREDIT APPROVAL UNDERTAKING TO SUBMIT BOE
NQ. BUSINESS CEASED OPERATIONS 6. MORE THAN 3 YEARS ECB TO BE UNDERTAKE TO PAY ANY LOSS REGARDING
N. NEGATIVE NETWORTH ARRANGED NEGOTIATION
ER. NOT PARTICIPATE IN CREDIT 7. INTEREST NOT EXCEED 6 MONTHS UNDERTAKE TO PAY INTEREST IN RESPECT TO PAY
ADDITIONAL CHECKLIST FOR AMMENDMENT LIBOR+350 BPS ANY BANK LOSS LIKE OVERDUE ETC
1. LIMIT ID TO BE MODIFIED FOR LC AMMENDMENT REQUEST FROM CLIENT. EARLY OR LATE DELIVERY OF FOREIGN EXCHANGE
2. AC NO OF LC CHARGES IF ANY AND ALL OTHER CHARGES
UNDERTAKE THAT CREDIT MAY BE AMMENDED BY BANK
PART - B - TYPES
1. BID BOND/TENDER GUARANTEE -
ECGC PROVIDES 90 % COVER, PROVIDED THERE IS NO CASH MARGIN IN BANKS. SO BANK NOT ASK MARGIN FOR BID-BONDS.
IF COUNTER GUARANTEE OF ECGC IS NOT AVAILABLE BANK MAY ASK FOR MARGINS. THERE SHOULD BE SEPARATE LIMIT IN BANKS FOR ISSUE OF BID
SUPOSE INDIAN GOVT ISSUING A BRIDGE CONTRACT AND INVITING APPLICANTS TO BID IN THIS CONTRACT AND WIN BY SUBMITTING BID-BOND GURA
IT PREVENT GOVERNMENT FROM FAULTY APPLICATION OF ANY APPLICANT AS BANK IS GURANTING THE APPLICANT ITS GENUINE.
IF 10 APPLICANTS SUBMITTING BID BOND GUARANTEE. ONE WILL BE SELECTED BY THE GOVT AS PER INTERNAL MEASURES.
OTHER 9 GUARANTEES WILL BE RETURNED TO APPLICANT. AND APPLICANT GOES TO BANK AND GUARANTEE WILL BE CANCELLED BY BANK AND SEC
ALSO AFTER GETTING THE CONTRACT BID- BOND GUARANTEE WILL BE RETURNED TO WINNING APPLICANT. AND IT WILL BE CANCELLED.
2. ADVANCE PAYMENT GUARANTEE -
SUPPOSE L & T GOT THE CONTRACT OF TALA BRIDGE KOLKATA HERE. NOW, IT WANTS TO START ITS WORK. FOR THAT IT NEEDS MONEY FROM THE G
ADVANCE PAYMENT GUARANTEE TO THE GOVERNMENT TO GET THE MONEY.
3. PERFORMANCE GUARANTEE - AFTER ADVANCE PAYMENT GUARANTEE AND FOR FURTHER REGULAR FUND REQUIREMENT L & T NEEDS TO SUBMIT
4. CREDIT GUARANTEE -
WHENEVER BORROWER IS TAKING ANY LOAN HE HAS TO PROVIDE A SECURITY TO BANK. SUPPOSE BORROWE SHARING LIMITS WITH AXIS BANK.
AND WANTS LOAN FROM ICICI BANK. AXIS BANK CAN ISSUE A BANK GUARANTEE AS A CO- LATERAL IN FAVOUR OF BORROWER. BY THIS BG BORROWE
ICICI WITHOUT CO-LATERAL.
5. PAYMENT GUARANTEE - A BUYER IS PURCHASING GOODS FROM SELLER. HE WANTS GOODS TO BE DELIVER FIRST. HE CAN GO TO A BANK FOR ISS
6. COUNTER GUARANTEE -
i) BUYER AND SELLER SHOULD SIGN A CONTRACT
ii) BUYER AND SEEER SHOULD LOCATED IN DIFFERENT COUNTRY
iii) SUPPOSE BUYER IS IN INDIA AND SELLER IS ON US. SELLER WANTS BG OF US BANK TO SHIP THE GOODS FIRST.
IMPORTER BANK IN INDIA CAN ISSUE A BANK GUARANTEE TO SUCH US BANK, ON THE BASIS OF SUCH GUARANTEE US BANK CAN ISSUE COUNTER GU
7. DEFFERED PAYMENT GUARANTEE -
1. BUYER WANTS TO MAKE PAYMENT TO HE SELLER ON INSTALLMENTS WITH PRE DETERMINED DATES
SELLER WANTS GUARANTEE FOR PAYMENTS. BANK CAN ISSUE DEFFERED PAYMNT GUARANTEE TO THE SELLER IN FABOUR OF BUYER.
2. FIRST, A DEFINITE PROVISION FOR ITS POSSIBLE REDEMTION IS THERE, IE A SPECIFIED TIME AND DATE.
THIS PERIOD OF POSSIBLE REDEMPTION MAY BE CONSIDERED AS INITIAL VALIDITY PERIOD.
3. IN THE EVENT THAT GUARANTEE IS NOT REDEMMED AT THE END OF THAT PERIOD, GUARANTEE TO BE EXTENDED.
THE BALANCE PERIOD IS CONSIDERED AS EXTENTION OF INITIAL PERIOD
4. ALL GUARANTEES SHOULD CONTAIN A SPECIFIC CLAUSE AND PERIOD UNDER WHICH CLAIMS CAN BE MADE UNDER THE GUARANTEE.
5. COMMISSION CAN BE TAKEN UPFRONT FOR THE TOTAL INITIAL PERIOD OR CAN BE TAKEN IN INSTALLMENTS.
WHERE COMMISSION IS RECOVERED ON INSTALLMENT BASIS INSTALLMENT DATE RATE IS APPLICABLE.
WHERE ENTIRE COMMISSION IS COLLECTED UPFRONT, THE RATE OF THE COMMISSION AND EXCHANGE RATE AT THE DATE OF COMMISSION WILL BE
COMMISSION FIRT TO BETAKEN FOR INITIAL PERIOD AND THEN TO BE TAKEN FOR EXTENDED PERIOD
IF GUARANTEE QUALIFIES FOR CONCESSION RATE IN INITIAL PERIOD, THAT IS APPLICABLE FOR EXTENDED PERIOD ALSO.
8. RETENTION MONEY GUARANTEE
CUSTOMERS WHO ARE UNDERTAKING CONSTRUCTION CONTRACT, WHILE THESE CONTRACTORS RECEIVE PAYMENT FROM THEIR OVERSEAS EMPLO
RETAINED PORTION IS CALLED RETENTION MONEY. TO GETTING THIS RETENTION MONEY CONTRACTOR WILL ISSUE A GURANTEE TOWARDS OVERSE
9. STANDBY LETTER OF CREDIT
SBLC IS A GUARANTEE ON BEHALF OF BANK TO HIS BENEFICIARY IF CLIENT FAILS TO PERMORM HIS PART.
BG IS NOT ALLOWED IN US. SO THIS CONCEPT CAME INTO USE.
10. GUARANTEE ON BEHALF OF BANK DIRECTORS
AS PER SEC 20 BR ACT BANK CANNOT GIVE LOANS/ADVANCES TO THEIR DIRECTORS. BUT BANK CAN ISSUE BANK GUARANTEE TO THEM OR BUSINES
PARTNERSHIP THEY ARE PART OF IN THE EVENT OF DEMAND, DIRECTOR TO BE TREATED AS NORMAL CUSTOMER.
BANK SHOULD ENSURE THAT -
i) FULLFILLMENT OF PURPOSE OF BANK GUARANTEE FROM DIRECTORS OWN RESOURCES IN CASE OF DEFAULT.
ii) BG TEXT SHOULD INCLUDE " BANK WILL NOT GIVE ANY LOAN OR ADVANCES IN CASE OF INVOCATION HAPPENS"
11. BANK GUARANTEE ON BEHALF OF GOVT
1. BG TO BE ISSUED IN FAVOUR OF CENTRAL/STATE GOVTS, OR PSU UNDERTAKINGS OF GOVT AS PER BANK GUARANTEE SCHEME OF GOVT.
2. A SPACIFIC MODEL IS PRESCRIBED IN THESE SCHEME FOR ISSUING THESE TYPE OF GUARANTEES.
3. BANK SHOULD MENTION IN THEIR GUARANTEE TEXT THE SPECIFT DEPARTMENT OF GOVT AND THE PURPOSE OF THE GUARANTEE.
4.GUARANTEES IN FAVOUR OF PRESIDENT OF INDIA IS CONCERNED WITH SPECIFIC MINISTRIES/DEPARTMENTS.
5. THESE GUARANTEES SHOULD BE INDENTIFIED IN ONE EYE THAT IT IS A GOVT GUARANTEE.
12. GUARANTEES IN FAVOUR OF DIRECTORATE GENERAL OF SUPPLIES AND DISPOSAL
i) HERE PRODUCING FIRM IS SUPPLYING GOODS TO THE STORES UNDER CONTRACT AS PER PETERMINED DELLIVERY PERIOD.
ii) DGS&D IS RESONSIBLE FOR SUPPLYING GOODS TO STORE IN TIME.
iii) PRODUCING FIRM HAS TO ISSUE GUARANTEE TOWARDS DGS&D THAT THEY WILL SUPPLY THE GOODS TO STORES IN TIME.
iv) IN ORDER TO SPEED UP VERIFICATION PROCESS OF BG, BANK OFFICIALS SIGNING BG SHOULD SHOULD GIVE NAME, DESIGNATION, EMPLOYEE ID U
v) BENEFICIARY SHOULD OBTAIN CONFIRMATION FROM THE ADVISING BANK ABOUT GENUINENESS OF BANK GUARANTEE.
vi) GUARANTEE UNDER THIS SHOULD BE ISSUED FOR A PERIOD OF CONTRACT END DATE + 6 MONTHS EXTENTION.
vii) BANK CAN ADD A CLAUSE IN BG TEXT THAT "AUTOMATICALLY EXTENDED FOR 6 MONTHS IF CONTRACT NOT END IN 6 MONTS"
viii) THIS 6 MONTHS AUTORENEWAL CLAUSE IS ALSO APPLICABLE TO BANK GUARANTEES FAVOURING CUSTOMS
ix) DGS&D GUARANTEES SHOULD BE ON NON-JUDICIAL STAMP PAPER FOR SECURITY
13. GUARANTEES ON BEHALF OF SHARE/STOCK/COMMODITY BROKERS
1. CAN BE ISSUED IN ON BEHALF OF BROKER FOR MARKET FLUCTUATIONS AGAINST SECURITY DEPOSIT.
2.MARGIN REQUIREMENT IS 50% OUT OF WHICH 25% SHOULD BE CASH MARGIN.
3.APPLICABLE FOR ALL STOCK/COMODITY MARKET
13. PERSONAL GUARANTEES OF DIRECTORS
SOMETIMES BANK TAKES GUARANTEE FROM DIRECTORS TO PROVIDE CREDIT FACILITIES TO CORPORATES.
JUSTIFICATION IS NEEDED FOR PERSONAL GUARANTEE OF DIRECTOR EVEN NOT CLOSE MANAGEMENT.
ALSO UNDERTAKING THAT THERE SHOULD BE NO CHANGE IN THE MANAGEMENT.
AS MULTIPLE CHANGE OF MANAGEMENT IS NOT CONSIDERED AS GOOD.
A. WHERE GUARANTEE NEED NOT CONSIDER NECESSERY
1. WHEN A LENDING INSTITUTION IS SATISFIED ABOUT THE MANAGEMENT, ITS STAKE,ECONOMIC/FINANCIAL POSITION,
CAPACITY OF CASH GENERATION OF THE BORROWER PUBLIC CO
2. A PERSONS REKNOWNED FOR HIS PROFESSIONAL/TECHNICAL SERVICES IS THERE IN THE MANAGEMENT OF ANY PRIVATE/PUBLIC LIMITED CO.
3. WHEN ABOVE TWO CONDITIONS ARE NOT SATISFIED, LENDING INSTITUTION MAY STIPULATE CONDITIONS
FOR THE BORRING CO - RESTRICTION ON DISTRIBUTION OF DIVIDENTS,
FURTHER EXPANSION, AGGRIGATE BORROWINGS, CREATION OF FURTHER CHARGE ON ASSETS,
MAINTAINANCE OF MINIMUM WORKING CAPITAL , MAINTAINANCE OF DEBT EQUITY
RATIO, OWNED FUNDS AND CAPITAL INVESTMENTS.
B. WHERE GUARANTEES ARE NECESSERY
1.SHARES HOLD CLOSELY CONNECTED PERSONS OR GROUP (EXCEPTION THE SHAREHOLDING CREATED BY COURT ORDER)
2.PUBLIC LIMITED CO NOT FIRST CLASS - ADVANCES CAN BE GIVEN ON UNSECURED BASIS.
3. PUBLIC LIMITED CO WHOSE CASH FLOWS FINANCIAL CONDITION IS NOT GOOD - ADVANCES CAN BE GIVEN ONLY IN SECURED BASIS
4. DELAY IN CHARGE CREATION OF LOAN, GUARANTEE FOR LOAN DISBURSEMENT DATE AND CHARGE CREATION DATE
5. WHEN SUBSIDIARY FINANCIAL CONDITION IS NOT SATISFACTORY
6. WHERE BALANCE SHEET OF A COMPANY DISCLOSES THAT INTERLOCKING OF FUNDS BETWEEN THE COMPANY AND OTHER CONCERNS OWNED AN
C. WORTH OF DIRECTOR, PAYMENT OF GUARANTEE COMMISSION
GUARANTEE SHOULD BEAR ESTIMATED WORTH OF DIRECTORS. NOT TO BE USED AS A SOURCE FOR DIRECTORS COMPANY. NO COMMISSION IS PAYB
UNLESS SPECIALY ALLOWED BY GUARANTEE COMMISSION.
D. PERSONAL GUARANTEE IN CASE OF SICK UNITS
DIRECTORS GIVING GUARANTEE TO SICK UNITS, BECOME PART OF MANAGEMENT OF SICK UNITS.
14. GUARANTEE OF STATE GOVERNMENT
1. PERSONAL GUARANTEES OF DIRECTORS IS APPLICABLE HERE.
2. STATE GOVT UNDERTAKING ANY PROJECT CAN ISSUE GUARANTEE TOWARDS BANK TO ISSUE COUNTER GUARANTEE TOWARDS OVERSEAS ONTRA
15. GUARANTEES FAVOURING OTHER BANKS
BANK MAY ISSUE GUARANTEE TOWARDS OTHER BANK TO EXTEND LOANS -
1. BANK RISK MANAGEMENT BOARD SHOULD BE STRONG - AND SHOULD DEFINE A POLICY IN THIS REGARD ACCORDING TO -
a. LIMITS LINKED TO BANKS TRIER 1 CAPITAL UPTO WHICH GUARANTEE TO OTHER BANK CAN BE ISSUED b. NATURE AND EXTENT OF SECURITY AND M
c. DELEGATION OF POWERS d. REPORTING SYSTEM e. PERIODICAL REVIEWS
2. RISK ANALYSIS OF THE BORROWING ENTITY TO BE DONE
3. GUARANTEES CAN BE GIVEN ONLY THAT THE BORROWER CAN AVAIL LOAN.
4. THERE SHOULD BE 10 % MARGIN
5. OVERSEAS BANK CANNOT AVAIL GUARANTEE FROM INDIAN BANKS TO AVAIL LOAN.
6. COMPLIANCE WITH THE RECOMMENDATION OF GHOSH COMMITTEE
7. THIS GUIDELINES FOLLOWED ONLY FOR LOANS NOT FOR DEBENTURE ISSUED BY BANKS.
BANK EXTENDING CREDIT FACILITIES AGAINST GUARANTEES ISSUED BY OTHER BANKS SHOULD ENSURE THAT -
1. THE LOAN AMOUNT WILL BE TO THE EXTANT OF THE GUARANTEE.
2. SHOULD BE WITHIN INTERBANK LOAN LIMIT PRESCRIBED BY BOD
3. AS THESE ARE LONGTERM THESE CAN BE USED IN MONEY/FOREX/SHARE MARKET.
4. AN APPROPRIATE SUB LIMIT SHOULD BE THERE FOR THESE KIND OF LOANS.
5. LENDING BANK SHOULD MONITOR GURANTEE BANK
6. LENDING SHOULD BE UNDER SINGLE BORROWER LIMIT PRESCRIBED BY RBI
7.RECOMENDATION OF GHOSH COMMITTEE TO BE FOLLOWED
EXCEPTIONS
1. FOR REHABITATION OF SICK UNITS A BANK UNABLE TO PARTICIPATE DUE TO LIQUIDATION ISSUE, CAN GIVE GUARANTEE IN FAVOUR OF OTHER BAN
2. FOR INFRASTRUCTURE PROJECTS BANK MAY ISSUE GUARANTEES FAVOURING OTHER BANKS, PROVIDED BANK ISSING
GUARANTEE SHOULD GET ATLEAST 5 % SHARE IN THE PROJECT.
SUBJECT TO NORMS REGARDING CAPITAL ADEQUACY, CREDIT EXPOSURE, INCOME RECOGNITION, ASSET CLASSIFICATION, PROVISSIONING IS SATIS
3. BOE FOR BILL DISCOUNTING CAN BE CO -ACCEPTED BY BUYERS BANK WITH BUYER AS SOMETIMES REQUIRED BY SELLER FOR BILL DISCOUNTING
4.GUARANTEE CAN BE ISSUED IN FAVOUR OF HUDCO/STATE HOUSING BOARDS FOR LOAN GRANTED BY THEM
5. BANK CAN ISSUE GUARANTEES ON BEHALF OF INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY, NATIONAL HORTICULTURE BOARD
16. INLAND AND FOREIGN GUARANTEES
INLAND BANK GUARANTEE - EXECUTE BETWEEN PARTY IN INDIA
FOREIGN BANK GUARANTEE - ISSUED IN FOREIGN CURRENCY TO BENEFICIARY OUTSIDE INDIA FOR OVERSEAS OBLIGATION OF THE APPLICANT.
17. PROJECT EXPORTS AND EXPORT ADVANCE GUARANTEE
THERE SHOULD BE A WORKING GROUP FOR MONITORING PROJECT EXPORTS. THEY WILL PROVIDE THEIR APPRISAL REPORT FOR GIVING
PROJECT EXPORT GUARANTEES. WORKING GROUP SHOULD JUDGE CAPACITY OF THE CONTRACTOR, PROTECTIVE CLAUSE IN CONTRACT, ADEQUAC
CREDIT RATING OF OVERSEAS SUB CONTRACTORS, AS WELL AS THE OVERSEAS EMPLOYER.
EXPORT ADVANCE GUARANTEE - SOMETIMES GURANTEES ARE NECESSERY FOR GETTING EXPORT ADVANCE. BANK SHOULD BE CAREFULL ABOUT -
i) USED FOR EXPORT ADVANCE ONLY .
ii) NO VIOLATION OF FEMA WHILE EXTENDING SUCH GUARANTEES
iii) ENSURE EXPORT ADVANCES SHOULD ALSO RECEIVED AS-PER FEMA-1999
iv) EXPORT PERFORMANCE GUARANTEES SHOULD NOT CONTAIN ANY CLAUSE THAT IT CAN BE USED AS FINANCIAL GUARANTEE.
18. GUARANTEES ON BEHALF OF NRI LOANS OUTSIDE INDIA -
MR K IS RESIDENT OF HONGKONG MR K HAVING NRE ACCOUNT IN INDIA WITH ICICI BANK. ICICI HONGKONG CAN ISSUE
GUARANTEE OUTOFF FUNDS HELD IN THIS NRE ACCOUNT. TOWARDS ANY LOAN TAKEN BY MR K IN HONGKONG.
19. GUARANTEES ON BEHALF OF JV/WOS ABROAD -
MAHINDRA INDIA HAVE JOINT VENTURE IN FRANCE CALLED MAHINDRA FRANCE. MAHINDRA INDIA CAN DO FINANCIAL COMMITMENT FOR
MAHINDRA FRANCE AS LIMIT PRESCRIBED BY RBI FROM TIME TO TIME AS % OF BALANCE SHEET OF INDIA. AS, PURCHASE OF SHARES, ISSUE OF COR
BANK GUARANTEE/COUNTER GUARANTEE/ COLLATERAL OF MAHINDRA INDIA ON BEHALF OF MAHINDRA FRANCE, CHARGE ON IMMOVABLE/MOVABLE
ON BEHALF OF MAHINDRA FRANCE.
MAHINDRA INDIA MAY OFFER ANY FORM OF GUARANTEE ON BEHALF MAHINDRA FRANCE, PROVIDED, i) TOTAL FINANCIAL COMMITMENT
IS OVERALL LIMIT PRESCRIBED BY ODI. ii) NO GUARANTEE SHOULD BE OPEN ENDED IE, AMOUNT AND PERIOD OF GUARANTEE SHOULD BE OPEN END
MOVABLE OF MAHINDRA INDIA ON BEHALF OF MAHINDRA FRANCE
SUBJECT TO i) TOTAL FINANCIAL COMMITMENT OF MAHINDRA INDIA SHOULD NOT EXCEED OVERALL LIMIT PRESCRIBED BY ODI, ii) NO G
OPEN ENDED, IE AMOUNT AND PERIOD OF GUARANTEE SHOULD BE SHOULD BE SPECIFIED iii) IN CASE OF PG TIME SPECIFIED FOR FOR COMPLETION
THE VALIDITY OF THE PERFORMANCE GUARANTEE. Iv) IN CASE OF INVOCATION OF PG MAHINDRA INDIA SHOULD SEEK PRIOR RBI APPROVAL BEFORE
v) ALL GUARANTEE SHOULD BE REPORTED TO RBI IN ODI FORM.
MAHINDRA INDIA MAY EXTEND CORPORATE GUARANTEE ON BEHALF OF FIRST GENERATION STEP DOWN SUBSIDIARY, UNDER AUTOMA
LIMIT OF ODI.
MAHINDRA INDIA CAN ISSUE CORPORATE GUARANTEE ON BEHALF OF 2ND LEVEL STEP-DOWN SUBSIDIARY WITHIN ODI LIMIT AND HOLD
OVERSEAS SUBSIDIARY FOR WHICH SUCH GUARANTEE IS INTENDED TO ISSUED.
BANK WHICH ISSUES THESE TYPE OF GUARANTEE, TO BE RESPONSIBLE FOR COMPUTATION OF FINANCIAL COMMITMENT OF INDIAN PA
BANKS INCLUDING OVERSEAS BRANCHES/SUBSIDIARIES OF INDIAN BANK SHOULD NOT ISSUE SBLC/GUARANTEE/LETTER OF COMFORT ON BEHALF O
PURPOSE OF RAISING LOAN FROM OTHER ENTITIES OVERSEAS, EXCEPT IN CONNECTION WITH THE ORDINARY CAUSE OF OVERSEAS BUSINESS. BAN
EFFECTIVE USE OF SUCH FACILITIES AND RELATES THEM WITH THE NEEDS OF BUSINESS ENTITY.
20. GUARANTEES FOR TRADE CREDITS -
BANKS ARE PERMITTED TO ISSUE LC/BG/LOU/LOC IN FAVOUR OF OVERSEAS SUPPLIER - UPTO 20 MILLION PER TRANSACTION -FOR A PERIOD UPTO 1
EXCEPT GOLD,PLATINUM AND UPTO 3 YEARS OF IMPORT OF CAPITAL GOODS, SUBJECT TO GUIDELINES ISSUED BY RBI.
21. INWARD GUARANTEE
OVERSEAS BANK REQUEST ICICI TO ISSUE GUARANTEE IN FAVOUR OF INDIAN ENTITIES AGAINST THEIR COUNTER GUARANTEES .
1. TO COVER ADVANCE PAYMENT TO BE MADE TOWARDS IMPORT IN INDIA.
2. BID BOND - TENDER BOND FOR PARTICIPATING IN GLOBAL TENDER TO IMPORT GOODS AND SERVICES IN INDIA.
3. BG SWIFT MESSAGE TO BE RECEIVED FROM FROM FOREIGN BANK IN PROPER MANNER.
4. THE DRAFT OF GUARANTEE SHOULD BE ACCEPTABLE CONTAINS LIMITATION CLAUSE AND DOES NOT HAVE ANY ONRAOUS CLAUSES.
5. COUNTER GUARANTEE TO BE ISSUED FOR VALODITY PERIOD OF LESS 15 DAYS.
6. NO GUARANTEE TO BE ISSUED WITHOUT THE WRITTEN SCANTION FROM IBD
7. ON RECEIPT OF CONFIRMATION FROM IBD, ISSUE THE GUARANTEE ON STAMP PAPER.
8. GUARANTEES ISSUED IN INDIA GOVERNED BY INDIA COURTS, COUNTER GUARANTEES ISSUED OVERSEAS ARE SUBJECT TO JURIDICTION OF THE O
9. TO ENSURE VARIOUS TYPES OF BORROWING RBI HAS GRANTED GENERAL PERMISSION TO ISSUE GUARANTEES IN FAVOUR OF INDIAN ENTITIES,
10. SUBJECT TO, GENUINE TRANSACTION INVOLVING DEBT OBLIGATION LIABILITY OF PERSONS RESIDENT OUTSIDE INDIA.
11. IF THE GURANTEE GOT INVOKED BANK CAN SETTLE THE CLAIM IN INR, AND CLAIM TO OVERSEAS.
12. IN CASE OF CLAIM NOT RECEIVED TO BE REPORTED TO RBI.
13. INDIAN BANK CAN ALSO ISSUE CONDITION THAT PAYMENT WILL BE MADE ONLY ON RECEIPT OF REIMBURSEMENT FROM OVERSEAS BANK.
14. OVERSEAS BRANCHES OF FOREIGN BANK CAN ALSO ISSUE GUARANTEES, IN FAVOUR OF INDIAN BANK.
22. UNCONDITIONAL GUARANTEE -
BANK MAY ISSUE GUARANTEE TOWARDS EXPORTERS EXPORT OBLIGATION SUBJECT TO ECGC WHENEVER NECESSERY.
WHILE ISSUING IN FAVOUR OF OVERSEAS IMPORTER BANK SHOULD TAKE A UNDERTAKING FROM THE EXPORTER THAT
BANK HAVE NO RELATION WITH THE DISPUTE BETWEEN EXPORTER AND IMPORTER BANK WILL PAY AS PER BG TERMS UNLESS EXPORTER RESTRAIN
23. RESTRICTIONS OF ISSUING GUARANTEE
1. BANK SHOULD NOT PROVIDE GUARANTEES FOR INTER COMPANY DEPOSITS/LOANS
2. NO GUARANTEE TO BE ISSUED FOR PLACEMENT OF FUNDS BETWEEN NBFCs
24. GUARANTEE FOR NON RESIDENT
1. INDIAN BANKS CAN ISSUE GUARANTEE IN FAVOUR OF NR AS PERMITTED BY RBI.
2.PROVIDED COUNTER GUARANTEE FROM OVERSEAS.
3. BEFORE ISSUING GUARANTEE BANK SHODULD PROPERLY EVALUATED TERMS AND CONDITIONS OF THE COUTER GUARANTEE.
4. RUPEE CLAIM PAYMENT UNDER THE GUARANTEE IS ALLOWED
5. DISCUSSED ABOVE IN INWARD GUARANTEES
25. ISSUING GUARANTEE ON BEHALF OF FOREIGN AIRLINES
INDIAN AGENTS OF FOREIGN AIRLINES WHO ARE MEMBER OF IATA, HAVE TO GIVE BG TO OVERSEAS PARENT COMPANY REGARDING THEIR TICKET SE
26. BG FOR SERVICE IMPORTS
BG AMOUNT SHOULD NOT EXCEED RS 1,00,000
BONAFIED TRANSACTION
SUBMISSION OF DOCUMENTARY EVIDENCE
CONTRACT COPY HAVING DIRECT CONTRACTUAL LIABILITY
27. ISSUE OF BG FOR COMMODITY HEDGING
BANKS IN INDIA MAY GIVE BG OR SBLC IN RESPECT OF OBLIGATION INCURRED BY A PERSON RESIDENT IN INDIA AND OWED TO A PERSON RESIDENT
WITH PAYMENT OF MARGIN MONEY IN RESPECT OF APPROVED COMMODITY HEDGING TRANSACTION SUBJECT TO TERMS AND CONDITIONS STIPULAT
AND INTER BANK DEALING CIRCULAR.
28. PAYMENT OF INVOKED GUARANTEES
1. WHRERE GUARANTEES ARE INVOKED PAYMENT TO BE MADE TO BENEFICIARY WITHOUT ANY DELAY.
2. AN APPROPRIATE PROCEDURE ABOUT IMMEDIATE HONOURING OF BG TO BE LAID DOWN BY BANKS
3. LATE IN PAYMENT WILL CREATE ADVERSE IMAGE TO THE BANKS AND PROVIDES OPPORTUNITY OF THE BENEFICIARY TO GO TO COURTS
4. BANK SHOULD ISSUE GUAANTEES ONLY TO ENTITIES AFTER ENSURING THAT ENTITY WILL PERFORM.
5. BANK GUARANTEE IS A CONTRACT BETWEEN BANK AND BENEFICIARY, SO IT IS OBLIGATION OF BANK TO PAY BENE WNEN INVOCATION LETTER REC
6. COMMITMENTS OF THE BANK MUST BE HONOURED AND SHOULD BE FREE FROM INTERFERANCE OF COURTS EXCEPT INDICATION OF FRAUDS. (SUP
7. BG PROPOSAL SHOULD BE APPROPRIATELY EXAMINED BY BANKS, AND APPROPRIATE MARGIN SHOULD BE THERE.
8. FOR GOVT GUARANTEES BANK SHOULD ENSURE THAT THERE IS NO DISCONTINENT IN GOVT DEPARTMENTS.
9. IN ORDER TO DISBURSE CLAIM WITHOUT DELAY BANK SHOULD TAKE ADEQUATE PRECAUTIONS WHEN ISSUING.
10. ANY DECISION TO NOT TO HONOUR THE CLAIM SHOULD BE DISCUSSED WITH HIGHER AUTHORITIES OF THE BANKS AND PAYMENT IS NOT RIGHTFU
11. THE CEO OF THE BANKS SHOULD ASSUME PERSONAL RESPONSIBILITY FOR COMPLAINS RECEIVED FROM GOVT REGARDING BG.
12. BANK SHOULD ESURE THAT APPROPRIATE PROCEDURE SHOULD BE THERE FOR HONORING BG.
13. STAFF ACCOUNTIBILITY SHOULD BE PRE-DETERMINED IF NON PAYMENT OF GURANTEE IN TIME.
14. FOR GURANTEES FAVOURING CUSTOMS AND CENTRAL EXCISE AUTHORITIES TO COVER DUTY AMOUNTS USUALY INVOKED BY ORDERS ISSED BY
15. IT HAS BEEN OBSERVED THAT SOME GOVT DEPARTMENT SUCH AS DOR, GOI IS NOT SETTLING BANK CLAIMS DESPITE OF COURT ORDER UNLESS
OF COURT JUDGEMENT MADE AVAILABLE TO THEM DESPITE BANK NOT ASKING GOVT CERTIFIED COPIES OF COURT JUDGEMENTS.
16. BANK SHOULD HONOUR THE THE GUARANTEE WHEN INVOKED , IF ANY DISPUTE, CAN DO PROTEST , THE MATTAR OF DISPUTE TO BE PROCESSED
17. GOVT HAS ADVISED THEIR DEPARTMENTS THAT INVOCATION CLAIM REQUEST SHOULD BE STRICTLY AS PER TERMS AND CONDITIONS OF GUARAN
18. NO SETTLEMENT OF THE CLAIMS UNDER TERMS AND CONDITION OF GUARANTEES, RBI CAN TAKE STRICT ACTION AGAINST BANK
29. CO-ACCEPTANCE OF BILLS
SOMETIMES BANK CO ACCEPTS THE BILLS OF THEIR CUSTOMER SO THAT SELLER BANK DOING FREELY DISCOUNT OF THESE BILLS
IT IS VERY DIFFICULT FOR BANK WHICH CO -ACCEPT THE BILLS TO RECOVER AMOUNT FROM BUYER WHEN BUYER DEFAULTS
FOLLOWING PRECAUTIONS TO BE TAKEN BY BANKS FOR CO-ACCEPTANCE OF BILLS -
1. CUSTOMER SHOULD ENJOY LIMITS WITH THE BANK
2. VERIFY THE GENUINENESS OF THE BILL BY SEEING CUSTOMER STOCK ACCOUNTS
3.GOODS VALUATION SHOULD BE ASPER INVOICE GOODS VALUATION
4. NO CO-ACCEPTANCE FOR HOUSE BILLS/ACCOMODATION BILLS DRAWN BETWEEN SAME GROUP CONCERN.
5. DISCOUNTING BANK SHOULD ALSO ENSURE THAT WHILE DISCOUNTING
6. BANK WISE LIMITS ACCORDING TO SIZE OF THE BANKS SHOULD BE THERE FOR CO-ACCEPTANCE OF BILL.
7. PERIODICAL VALUATION OF LIABILITY OF OUTSTANDING CO ACCEPTED BILLS TO BE DONE
8. CO-ACCEPTANCE OF BILLS SHOULD BE RECORDED PROPERLY IN THE BANK BOOKS.
9. WHEN EVER LARGE TRANSACTION CONFIRMATION FROM HEAD OFFICE
10. PERIODICAL RETURNS TO BE FILED REGARDING CO-ACCEPTANCE OF BILLS TO CINTROLS TO CENTRALY DETERMINE STATUS OF CO-ACCEPTANCE
11. CO-ACCEPTANCE ABOVE 10000 TO BE SIGNED BY 2 BANK OFFICIALS
12. FOR DISCOUNTING OF CO-ACCEPTANCE BILLS ABOVE 2 LAKH, BANK SHOULD ASK FOR A WRITTEN CONFIRMATION FROM REGIONAL OFFICE OF CO
13. WHEN ABOVE 20 LAKH DISCOUNTING COFIRMATION FROM HEAD OFFICE OF CO-ACCEPTANCE BANKS.
14.WHILE DISCOUNTING BILLS ACCEPTED BY URBAN CO-OPERATIVE BANKS, BANK SHOULD ENSURE THE CONDITION OF THE URBAN CO -OPERATIVE B
15. CO-ACCEPTANCE OF BILL IS PRE-INCLUDED IN IDBI,SIDBI,PFC s BUYERS LINE OF CREDIT SCHEME
16. BANK SHOULD NOT CO ACCEPT BILLS DRAWN BY NBFCS
17. BILLS DRAWN UNDER SELLER LINE OF CREDIT SCHEME , BANK CAN CO ACCEPT TO ANY AMMOUNT, SUBJECT TO CAPACITY OF BUYER
18. BANK MAY OPEN LC. AND BILL CAN BE DRAWN UNDER LC FOR CO-ACCEPTANCE OF BILLS. BUT SELLER BANK HAVE NO OBLIGATION TOWARS LC TE
AS IT IS SUBJECT TO NI ACT . NOT ICC
30. OTHER TYPES OF GUARANTEES
1. GUARANTEES IN LIUE OF REPAYMENT OF FINANCIAL SECURITIES(DEBT, SHARES)
2. GURANTEES IN LIUE OF MARGIN REQUIREMENT OF EXCHANGES
3. GUARANTEE TOWARDS REVENUE QUE TAXES DUTIES EXCISE
4. CREDIT ENHANCEMENTS TO ENHANCE CREDIT POWER OF COMPANY
5. LIQUIDITY FACILITY FOR SECURITIZATION TRANSACTION
6. BILL ACCEPTANCES
7. GUARANTEES IN LIUE OF SECURITY DEPOST/EMD FOR PARTICIPATING IN TENDER
8. WARRANTIES, INDEMNITY, SBLC RELATED TO PARTICULAR TRANSACTION
9. FOR TAKING GOODS FROM CUSTOMS WITHOUT PRESENTING IMPORT LICENCE UNDERTAKING TO PRESENT IN STPULATED TIME
10.UNDERTAKING TO PAY CUSTOM DUTY
11. EXCISE DUTY
12.GUARANTEES FAVOURING EXPORT PROMOTION COUNCIL,COMMODITY BOARD ETC
13. RENTAL GUARANTEE - THIS IS A GUARANTEE FOR PAYMENT OF RENT UNDER A RENTAL CONTRACT.
14. CREDIT CARD GUARNTEE - IN CERTAIN CASES CREDIT CARD COMPANY WANTS BG FOR ISSUING CREDIT CARD.
15. B/L - LETTER OF INDEMNITY - BL OR FULL SET OF BL CAN GO MISSING, FOR THIS LOI CAN BE ISSUED BY BANKS IN FAVOUR OF IMPORTER.
PART - C - URDG
1. BASIC
# SUBJECT TO - APPLYS WHEN ANY GUARANTEE OR COUNTER GUARANTEE SPECIFICALLY STATES IT IS SUBJECT TO IT AND APPLICABLE TO ALL PART
# WHEN A COUNTER GUARANTEE IS ISSUED ON BEHALF OF URDG APPLIED DEMAND GUARANTEE THAT IS ALSO SUBJECT TO URDG UNLESS SPECIFIC
# IF DEMAND GUARANTEE IS NOT URDG AND COUNTER GUARANTEE CAN BE UNDER URDG. 1ST DEMAND GUARANTEE WILL NOT BECOME URDG.
# WHERE AT REQUEST OF APPLICANT URDG IS INCLUDED. APLLICANT BOUND TO FOLLOW THESE RULES.
# VERSION IF NOT STATED ANYTHING IN URDG 2010 WILL APPLY NOT URDG 1992 (ISSUED AFTER 1 JULY 2010)
2. DEFINATION
# ADVISING BANK- MEANS THE BANK THAT ADVICES THE GUARANTEE AT THE REQUEST OF THE GARRANTOR BANK
# APPLICANT - PARTY INDICATED IN THE GUARANTEE THAT HAVE OBLIGATION UNDER GUARANTEE. MAY OR MAY NOT BE THE INSTRUCTING PARTY.
# APPLICATION - MEANS THE REQUEST OF THE ISSUE OF THE GUARANTEE
# AUTHENTICATED - MEANS PARTY TO WHOOM THE GUARANTEE IS PRESENTED IS ABLE TO VERIFY THE IDENTITY OF THE SENDER AND WHEATHER
DATA RECEIVED IS COMPLETE AND UNALTERED . 760 COV IS USED FOR VERIFY AUTHENTICITY.
# BENEFICIARY - MEANS THE PARTY IN WHOSE FAVOUR GUARANTEE IS ISSUED.
# BUSINESS DAY - A DAY IN WHICH OBLIGATION UNDER THIS ACT CAN BE PERFORMED.
# CHARGES - MEANS COMMISSION , FEES , COST OR EXPENCES OF ANY PARTY ACTING UNDER THE GUARANTEE, GOVERNED BY THESE RULES
# COMPLYING DEMAND - A DEMAND THAT MEETS THE REQUIREMENTS OF A COMPLYING PRESENTATION
# COMPLYING PRESENTATION - A PRESENTATION THAT IS IN ACCORDANCE WITH 1. TERMS AND CONDITIONS OF GUARANTEE 2. THESE RULES
3. THE ABSENCE OF RELEVANT PROVISION IN GUARANTEE INTERNATIONAL DEMAND GUARANTEE PRACTICE
# COUNTER GUARANTEE - GUARANTEE ON WHICH BEHALF ANOTHER GUARANTEE CAN BE ISSUED.
# COUNTER GUARANTOR - PARTY ISSUING A COUNTER GUARANTEE WHEATHER IN FAVOUR OF A GUARNATOR OR ANOTHER COUNTER GUARANTOR
AND INCLUDES A PARTY ACTING FOR ITS OWN ACCOUNT.
# DEMAND - A SIGNED DOCUMENT BY THE BENEFICIARY DEMANDING PAYMENT UNDER GUARANTEE.
# DEMAND GUARANTEE/GUARANTEE - ANY SIGNED UNDERTAKING PROVIDING FOR PAYMENT ON PRESENTATION OF A COMPLYING DEMAND.
# DOCUMENT - MEANS A SIGNED OR UNSIGNED RECORD OF INFORMATION IN PAPER OR IN ELECTRONIC FORM THAT IS CAPABLE OF BEING PRODUCE
BY THE PERSON TO WHOOM IT IS PRESENTED. IN THESE RULES DOCUMENT MEANS DEMAND AND A SUPPORTING DOCUMENT.
# EXPIRY EVENT - EVENT THAT CAUSE THE EXPIRY OF GUARANTEE AS EVENT MENTIONED IN GUARANTEE, DOCUMENTS ABOVE SHOULD BE PRESENT
# GUARANTEE - DEMAND GUARANTEE
# GUARANTOR - THE PARTY ISSUING A GUARANTEE INCLUDING IN ITS OWN BEHALF.
# GUARANTOR'S OWN RECORD - RECORDS OF THE GUARANTOR SHOWING AMOUNTS DEBITED TO OR CREDITED FROM ACCOUNTS HELD WITH THE GU
THE RECORD OF THOSE CREDITS OR DEBITS ENABLES THE GUARANTOR TO IDENTIFY THE GUARANTEE TO WHICH THEY RELATE
# INSTRUCTING PARTY - THE PARTY OTHER THAN A COUNTER GUARANTOR WHO GIVES INSTRUCTION TO ISSUE A GUARANTEE OR COUNTER GUARA
FOR INDEMNIFYING THE GUARANTOR OR COUNTER-GUARANTOR.
# PRESENTATION - MEANS THE DELIVERY OF A DOCUMENT UNDER A GUARANTEE TO THE GUARANTOR. IT INCLUDES A PRESENTATION OTHERTHAN F
FOR EXAMPLE - A PRESENTATION FOR THE PURPOSE OF TRIGGERING THE EXPIRY OF THE GUARANTEE OR A VARIATION OF ITS AMOUNT.
# PRESENTER - A PERSON WHO MAKES PRESENTATION AS OR ON BEHALF OF THE BENEFICIARY OR THE APPLICANT.
# SIGNED - A GUARANTEE OR A COUNTER GUARANTEE SHOULD BE SIGNED BY OR ON BEHALF OF THE ISSUER AND CAN BE AUTHENTICATED BY ADV B
# SUPPORTING STATEMENT - A STATEMENT REFERS TO EITHER 15 (A) OR 15 (B)
# UNDERLYING RELATIONSHIP - MEANS THE CONTRACT, TENDER CONDITIONS OR OTHER RELATIONSHIP BETWEEN THE APPLICANT AND THE BENEFIC
3. INTERPRETATION
a. BRANCHES OF A GUARANTOR IN DIFFERENT COUNTRIES ARE TO BE SEPARATE ENTITIES.
b. ANY AMENDMENT IN GUARANTEE OR COUNTER GUARANTEE, EFFECT BOTH AND INCLUDES BOTH BENEFICIARY AND APPLICANT
c. ANY REQUIREMENT FOR PRESENTATION OF ONE OR MORE ORIGINALS OR COPIES OF ELECTRONIC DOCUMENT SATISFIED BY THE PRESENTATION
ELECTRONIC DOCUMENT
d. WHEN USED WITH A DATE OR DATES TO DETERMINE THE START, END OR DURATION OF ANY PERIOD
THE TERM "FORM" "TO" "UNTILL" "TILL" AND "BETWEEN" INCLUDE
AND "BEFORE" AND "AFTER" EXCLUDE THE DATE OR DATES MENTIONED
f. THE TERM SUCH AS " FIRST CLASS ", "WELL KNOWN" , "QUALIFIED", "INDEPENDENT", "OFFICIAL", "COMPETENT" OR "LOCAL" WHEN USED TO DESCRIB
THE ISSUER OF THE DOCUMENT ALLOW ANY ISSUER EXCEPT THE BENEFICIARY OR THE APPLICANT TO ISSUE THE DOCUMENT.
4. ISSUE AND EFFECTIVENESS
a. A GUARANTEE IS ISSUED WHEN IT LEAVES THE CONTROLL OF THE GUARANTOR
b. A GUARANTEE IS IRREVOCABLE ON ISSUE EVEN IT DOES NOT STATE THIS.
c. BENEFICIARY MAY PRESENT A DEMAND FROM ISSUE TIME
5. INDEPENDENCE OF GUARANTEE AND COUNTER GUARANTEE
A GUARANTEE IS BY ITS NATURE INDEPENDENT OF CONTRACT/UNDERLYING RELATIONSHIP AND THE APPLICATION AND A GUARANTOR IS NO WAY CO
BY SUCH RELATIONSHIP.
A REFERANCE IN THE GUARANTEE OF CONTRACT NO FOR THE PURPOSE OF IDENTIFYING IT DOES NOT CHANGE THE INDEPENDENT NATURE OF THE
THE UNDERTAKING OF A GUARANTOR TO PAY CLAIM UNDER THE GUARANTEE IS ONLY TO THE BENEFICIARY.
A COUNTER GUARANTEE BY ITS NATURE INDEPENDENT FROM THE GUARANTEE, CONTRACT, THE APPLICATION OR ANY OTHER COUNTER GUARANTE
AND COUNTER GUARANTOR IS NO WAY CONCERNED WITH OR BOUND BY SUCH RELATIONSHIP
A REFERANCE IN THE COUNTER GUARANTEE TO THE UNDERLYING RELATIONSHIP IT DOES NOT CHANGE THE INDEPENDENT NATURE OF THE COUNTE
THE UNDERTAKING OF A COUNTER GUARANTOR TO PAY CLAIM UNDER THE COUNTER GUARANTEE IS TO WHOOM IT IS BEEN ISSUED.
6. DOCUMENTS VS GOODS/SERVICE/PERFORMANCE
GUARANTOR DEAL WITH DOCUMENTS AND NOT WITH GOODS SERVICES OR PERFORMANCE TO WHICH THE DOCUMENTS MAY RELATE.
7. NON DOCUMENTARY CONDITIONS
A GUARANTEE SHOULD NOT CONTAIN A CONDITION WITHOUT A DATE OR PERIOD AND WITHOUT SPECIFYING DOCUMENT TO INDICATE COMPLIANCE T
IF THE GUARANTEE DOES NOT SPECIFY ANY SUCH DOCUMENT AND THE FULLFILLMENT OF CONDITION CANNOT BE DETERMINED FROM THE GUARAN
OR FROM INDEX SPECIFIED IN THE GUARANTEE THEN SUCH CONDITION WILL BE DESGARDED (BUT CHECK THAT DATA CAN BE PART OF THE CLAIM O
8. CONTENT OF INSTRUCTIONS AND GUARANTEES
ALL INSTRUCTIONS FOR ISSUE OF GUARANTEES AND GUARANTEES THEMSELVES SHOULD BE CLEAR,PRECISE AND SHOULD AVOID EXCESSIVE DETA
IT IS RECOMENDED THAT GUARANTEES SPECIFY-
1. THE APPLICANT
2. THE BENEFICIARY
3.THE GUARANTOR
4. THE REFERANCE NUMBER OR OTHER INFORMATION IDENTIFYING THE UNDERLYING RELATIONSHIP
5. A REFERANCE NO OTHER INFORMATION IDENTIFYING THE ISSUED GUARANTEE
IN-CASE OF COUNTER GUARANTEE, THE ISSUED COUNTER GUARANTEE
6.THE AMOUNT OR MAXIMUM AMOUNT PAYABLE AND CURRENCY IN WHICH IT IS PAYABLE
7. THE EXPIRY OF THE GUARANTEE
8. ANY TERMS FOR DEMANDING PAYMENT
9. WHEATHER A DEMAND OR DOCUMENT SHALL BE PRESENTED IN PAPER OR ELECTRONIC FORM
10. LANGUAGE OF ANY DOCUMENT SPECIFIED IN THE GUARANTEE
11. AND THE PARTY LIABLE FOR THE PAYMENT OF ANY CHARGES
9. APPLICATION NOT TAKEN UP
WHERE AT THE TIME OF RECEIPT OF THE APPLICATION THE GUARANTOR IS NOT PREPARED OR IS UNABLE TO ISSUE THE GUARANTEE
THE GUARANTOR SHOULD INFORM IMMEDIATELY TO THE INSTRUCTED PARTY
10. ADVISING OF GUARANTEE OR AMMENDMENT
a. A GUARANTEE MAY BE ADVISED TO THE BENEFICIARY THROUGH AN ADVISING BANK.
BY ADVISING A GUARANTEE, WHEATHER DIRECTLY OR UTILIZING SERVICES OF SCEOND ADVISING BANK
THE ADVISING BANK SIGNAFIES TO THE BENEFICIARY AND IF APPLICABLE TO THE SCEOND ADVISING BANK
b.BOTH HAVE TO BE SATISFIED ITSELF AS TO THE APPARENT AUTHENTICITY
IE TERMS AND CONDITIONS OF THE GUARANTEE
c. AN ADVISING OR SCEOND ADVISING WITHOUT ANY ADDITIONAL REPRESENTATION
OR ANY UNDERTAKING WHATSOVER TO THE BENEFICIARY
d. IF A PARTY IS REQUESTED TO ADVISE THE GUARANTEE AND UNABLE TO DO SO, INFORM THE PARTY IMMEDIATELY TO WHOOM IT RECEIVED
e. IF A PARTY IS REQUESTED TO ADVICE A GUARANTEE AND AGREE TO DO SO, AND CANNOT SATISFY ITSELF AS TO THE APPARENT AUTHENCITY OF T
INFORM IMMEDIATELY TO THE ISSUING BANK AND BENE OR 2ND ADV
11. AMMENDMENT
a. WHERE, AT THE TIME OF RECEIPT OF INSTRUCTION FOR THE ISSUE AN AMMENDMENT, THE GUARANTOR SHALL INFORM THE INSTRUCTOR IMMEDIA
b. IF AN AMMENDMENT IS ACCEPTED BY BENEFICIARY, THEN ONLY HE IS BOUND TO IT. BUT GUARANTOR BOUNDS WHEN ISSUED. BENE IF NOT ACCEP
MAKE PRESENTATION AS PER ISSUANCE OR NEW AMMENDMENT (IT WILL CONSIDERED AS ACCEPTANCE).
c. EXCEPT WHERE MADE IN ACCORDANCE WITH THE TERM OF THE GUARANTEE BENEFICIARY MAY REJECT AN AMMENDMENT
UNTILL IT NOTIFIES OR MAKE PRESENTATION AS PER AMMENDED GUARANTEE.
d. AN ADVISING BANK SHALL WITHOUT DELAY INFORM THE PARTY FROM WHICH IT HAS RECEIVED THE AMMENDMENT OF THE BENEFICIARYS NOTIFIC
OF ACCEPTANCE OR REJECTION OF THE AMMENDMENT.
e. PARTIAL ACCEPTANCE OF AMMENDMENT IS NOT ALLOWED DEEMED TO BE REJECTION.
f. A PROVISION IN AN AMMENDMENT TO THE EFFECT THAT THE AMMENDMENT SHALL TAKE EFFECT UNLESS REJECTED WITHIN A CERTAIN TIME SHAL
12.EXTENT OF GUARANTORS LIABILITY UNDER GUARANTEE
A GUARANTOR IS LIABLE TO THE BENEFICIARY ONLY IN ACCORDANCE WITH, FIRST THE TERMS AND CONDITIONS OF THE GUARANTEE AND SCEOND T
SO FAR AS CONSISTENT WITH THOSE TERMS AND CONDITIONS UPTO THE GUARANTEE AMOUNT.
13. VARIATION OF AMOUNT OF GUARANTEE
A GUARANTEE MAY PROVIDE FOR THE REDUCTION OR THE INCREASE OF ITS AMOUNT ON SPECIFIED DATES OR ON OCCURANCE OF SPECIFIED EVEN
WHICH UNDER THE TERMS OF THE GUARANTEE RESULTS IN THE VARIATION OF ITS AMOUNT AND FOR THIS PURPOSE THE EVENT IS DEEMED TO HAV
a. WHEN A DOCUMENT SPECIFIED IN THE GUARANTEE AS INDICATING THE OCCURANCE OF THE EVENT IS PRESENTED TO THE GUARANTOR.
b. IF NO SUCH DOCUMENT IS SPECIFIED IN THE GUARANTEE , WHEN THE OCCURANCE OF THE EVENT IS BECOME DETERMINABLE AS PER GURANTERS
INDEX SPECIFIED IN THE GUARANTEE.
14.PRESENTATION
1. A PRESENTATION SHALL BE MADE TO THE GUARANTOR
i. AT THE PLACE OF ISSUE OR SUCH OTHER PLACE AS IS SPECIFIED IN THE GUARANTEE.
ii. ON OR BEFORE EXPIRY
2. A PRESENTATION HAVE TO BE COMPLETED UNLESS IT INDICATES THAT IT IS TO BE COMPLETED LATER.
IN THAT CASE, IT SHALL BE COMPLETED ON OR BEFORE EXPIRY.
3. WHERE A GUARANTEE INDICATES THAT PRESENTATION HAVE TO BE MADE IN ELECTRONIC FORM
THE GUARANTEE SHOULD SPECIFY THE FORMAT, THE SYSTEM FOR THE DATA DELIVERY
THE ELECTRONIC ADDRESS FOR THE PRESENTATION.
IF A GUARANTEE DOES NOT SPECIFY A DOCUMENT MAY BE PRESENTED IN ANY ELECTRONIC FORMAT.
ALL FORMAT ALLOWED OR IN PAPER FORM.
A ELECTRONIC DOCUMENT CANNOT BE AUTHENTICATED IS DEEMED NOT BEEN PRESENTED.
4. IF A PRESENTATION TO BE MADE IN PAPER FORM THROUGH A PARTICULAR MODE OF DELIVERY BUT OTHER MODES NOT EXCLUDATE
ONE OTHER MODE CAN BE ALLOWED IF THE PRESENTATION MADE AS PER POINT 1.
5. WHERE A GUARANTEE DOESNOT INDICATE PAPER OR ELECTRONIC -PRSENTATION HAVE TO BE MADE IN PAPER FORM.
6. EACH PRESENTATION SHALL IDENTIFY A GUARANTEE TERM UNDER WHICH IT IS MADE
SUCH AS BY STATING THE GUARANOR REFERANCE NO FOR THE GUARANTEE.
IF IT DOES NOT THE TIME FOR EXAMINATION
INDICATED IN ARTICLE 20 SHALL START ON THE DATE OF IDENTIFICATION
NOTHING IN THIS PARAGRAPH SHALL RESULT IN THE EXTENTION OF THE GUARANTEE
OR LIMIT THE REQUIREMENT IN ARTICLE 15 (a) or (b)
FOR ANY SEPARATELY PRESENTED DOCUMENTS ALSO TO IDENTIFY THE DEMAND TO WHICH THEY RELATE.
7. EXCEPT WHERE THE GUARANTEE OTHERWISE PROVIDES, DOCUMENTS ISSUED BY OR ON BEHALF OF THE APPLICANT
15.REQUIREMENTS FOR DEMAND
1. A DEMAND UNDER A GUARANTEE/COUNTER GUARANTEE TO BE SUPPORTED DOCUMENTS AS SPECIFIED IN THE GUARANTEE.
AND BY A STATEMENT BY THE BENEFICIARY, INDICATING IN WHAT RESPECT THE APPLICANT IS IN BREACH OF ITS APPLICATION UNDER CONTRACT.
THIS STATEMENT MAY BE IN THE DEMAND OR IN SEPARATE SIGNED DOCUMENT ACCOMPANYING AND IDENTIFYING THE DEMAND.
2. A DEMAND UNDER A COUNTER GUARANTEE IS TO BE SUPPORTED BY A STATEMENT
BY THE PARTY TO WHOOM THE COUNTER GUARANTEE WAS ISSUED.
INDICATING SUCH BANK HAS RECEIVED A COMPLYING DEMAND UNDER GUARANTEE/COUNTER GUARANTEE.
THIS STATEMENT MAY BE IN THE DEMAND OR IN SEPARATE SIGNED DOCUMENT ACCOMPANYING AND IDENTIFYING THE DEMAND.
3. THE REQUIREMENT OF A SUPPORTING STATEMENT CAN BE OMMITED BY INCLUDING TERMS (REQUIREMENT OF SUPPORTING SATEMENT ARTICLE-1
4. NEITHER THE DEMAND NOR THE SUPPORTING STATEMENT MAY BE DATED BEFORE THE DATE WHEN THE BENEFICIARY IS ENTITLED TO PRESENT A
ANY OTHER DOCUMENT MAY BE DATED BEFORE.
NEITHER THE DEMAND NOR THE SUPPORTING DOCUMENT NOR ANY OTHER DOCUMENT MAY BE LATER THAN THE DATE OF ITS PRESENTATION.
16. INFORMATION ABOUT DEMAND
THE GUARANTOR WILL INFORM IMMEDIATELY TO INSTRUCTED PARTY OR COUNTER GUARANTOR ABOUT THE DEMAND OR EXTENTION OF EXPIRY DAT
THE COUNTERGUARANTOR SHALL WITHOUT DELAY INFORM THE INSTRUCTING PARTY OR EXTENTION OF EXPIRY DATE.
17. PARTIAL DEMAND AND MULTIPLE DEMANDS : AMOUNT OF DEMAND
1. A DEMAND MAY BE MADE FOR LESS THAN FULL AMOUNT AVAILABLE (PARTIAL DEMAND)
2. MORE THAN ONE DEMAND CAN BE MADE ( MULTIPLE DEMAND)
3. THE EXPRESSION "MULTIPLE DEMAND PROHIVITED" OR A SIMILAR EXPRESSION IF THERE IN THE GUARANTEE TEXT
ONLY ONE DEMAND IS ALLOWED. IF THAT DEMAND IS REJECTED ONLY ANOTHER DEMAND ON OR BEFORE THE EXPIRY
DATE IS ALLOWED.
4. A DEMAND IS A NON COMPLYING DEMAND IF :
a. IT IS FOR MORE THAN THE AMOUNT AVAILABLE IN THE GUARANTEE
b. ANY SUPPORTING DOCUMENT OR OTHER DOCUMENTS REQUIRED BY THE GUARANTEE IS HAVING LESS AMOUNT THAN THE DEMAND.
(NA FOR IF AMOUNT IS MORE)
18. SEPARATENESS OF EACH DEMAND
a. MAKING A DEMAND THAT IS NOT A COMPLYING DEMAND OR WITHDRAWING A DEMAND DOESNOT WAIVE THE RIGHT TO MAKE ANOTHER TIMELY DEM
IRREPECTIVE OF THE GUARANTEE PROHIBITS PARTIAL OR MULTIPLE DEMANDS.
b. PAYMENT OF A DEMAND THAT IS NOT A COMPLYING DEMAND DOES NOT WAIVE THE REQUIREMENT OF
OTHER DEMANDS TO BE COMPLYING DEMANDS
19. EXAMINATION
1. THE GUARANTOR SHALL DETERMINE, ON THE BASIS OF PRESENTATION ALONE, WHEATHER IT IS A COMPLYING PRESENTATION.
2. THE DATA IN A DOCUMENT REQUIRED BY THE GUARANTEE SHALL BE EXAMINED IN CONTEXT WITH THE GUARANTEE AND THESE RULES.
3. IF A GUARANTEE REQUIRES PRESENTATION OF A DOCUMENT STIPULATING WHEATHER IT IS TO BE SIGNED
BY WHOOM IT IS TO BE ISSUED OR SIGNED OR ITS DATA CONTENT, THEN :
i) THE GUARANTOR WILL ACCEPT THE DOCUMENT AS PRESENTED
IF ITS CONTENT APPEARES TO FULLFILL THE FUNTION OF THE DOCUMENT
REQUIRED BY THE GUARANTEE AND OTHERWISE COMPLIES WITH ARTICLE 19(B)
ii) IF THE DOCUMENT IS SIGNED, ANY SIGNATURE WILL BE ACCEPTED AND NO INDICATION
NO INDICATION OF NAME OR POSITION OF THE SIGNATORY IS NECESSARY
4.IF A DOCUMENT NOT REQUIRED BY THE GUARANTEE BUT REFFERED TO THESE RULE WILL BE DISGARDED.
5. A GUARANTOR NEED NOT RECALCULATE A BENEFICIARYS CALCULATION UNDER A FORMULA STATED OR REFERANCED IN THE GUARANTEE.
6. THE GUARANTOR SHALL CONSIDER A REQUIREMENT REQUIREMENT FOR A DOCUMENT TO BE LEGALIZED, VIASED
IF IT IS SIGNATURED,STAMPED, LEVEL MARKED
20.TIME FOR EXAMINATION OF DEMAND/PAYMENT
1. IF A PRESENTATION OF A DEMAND DOES NOT INDICATE THAT IT IS TO BE COMPLETED LETTER. IF INDICATES, THEN NO LIABILITY FOR EXAMINATION
THE GUARANTOR HAVE 5 BUSINESS DAYS AFTER RECEIPT OF DEMAND TO DETERMINE THAT IT IS A COMLYING PRESENTATION OR NOT.
BUT WITHIN EXPIRY.
2. WHEN A GURANTOR DETERMINES THAT A DEMAND IS COMPLYING, IT SHALL PAY.
3. PAYMENT IS TO BE MADE, AT THE BRANCH OR OFFICE OF A GURANTOR OR COUNTER-GUARANTOR
OR IN PLACE STATED IN THE GUARANTY AS "PLACE OF PAYMENT"
21. CURRENCY OF PAYMENT
1. A GUARANTOR HAVE TO MAKE A COMPLYING DEMAND IN THE CURRENCY SPECIFIED IN THE GUARANTEE.
2. IF ON ANY DATE PAYMENT IS TO BE MADE UNDER THE GUARANTEE
THE GUARANTOR IS UNABLE TO MAKE PAYMENT IN THE CURRENCY SPECIFIED IN THE GUARANTEE
DUE TO AN IMPEDIMENT BEYOND ITS CONTROLL OR DUE TO LAW IN THE PLACE OF PAYMENT
THE GUARANTOR SHALL MAKE THE PAYMENT IN THE CURRENCY OF THE PLACE OF THE PAYMENT
EVEN IF GUARANTEE INDICATES A SPECIFIED CURRENCY PAYMENT.
THE INSTRUCTING PARTY OR COUNTER GUARANTOR IS BOUND TO MAKE THE PAYMENT IN THE CURRENCY OF THE BG
OR IN THE CURRENCY ACTRUALY CLAIM BEEN MADE.
22.TRANSMISSION OF COPPIES OF COMPLYING DEMAND
THE GUARANTOR SHALL WITHOUT DELAY TRANSMIT A COPY OF COMPLYING DEMAND AND ANY RELATED DOCUMENT TO THE INSTRUCTED PARTY OR
FOR TRANSMISSION TO THE INSTRUCTING PARTY.
HOWEVER, NEITHER COUNTER GUARANTOR NOR THE INSTRUCTING PARTY HOLD THE PAYMENT
23.EXTEND OR PAY
1. WHERE A DEMAND INCLUDES OPTION EITHER PAY OR EXTEND THE DUE DATE.
GURANGOR CAN HOLD THE PAYMENT FOR 30 DAYS.
FOR COUNTER GUARANTOR SUSPENTION PERIOD IS 4 DAYS.
2. THE GUARANTOR/COUNTER GUARANTOR SHALL WITHOUT DELAY INSTRUCT THE INSTRUCTING PARTY ABOUT SUSPENTION
3. THE DEMAND FOR THE PAYMENT IS DEEMED TO BE WITHDRAWN IF EXTENTION IS GRANTED IN TIMELIMIT AS PER (1)
OR IF NOT EXTENDED, DEMAND HAVE TO BE MADE.
4. THE GUARANTOR OR COUNTER GUARANTOR MAY REFUCE TO GRANT EVEN IF INSTRUCTED TO DO SO AND SHALL THEN PAY.
5. THE GUARANTOR OR COUNTERGUARANTOR SHALL WITHOUT DELAY INFORM THE PARTY FROM WHOOM IT HAS REVEIVED ITS INSTRUCTION
TO EXTEND OR TO PAY.
6.GUARANTOR OR COUNTER GUARANTOR HAVE NO LIBILITY OF PAYMENT FOR ANY PAYMENT SUSPENDED UNDR THIS ARTICLE.
24. NON-COMPLYING DEMAND WAIVER AND NOTICE
1. WHEN A GUARANTOR DETERMINES OR COUNTER GUARANTOR THAT THE DEMAND UNDER THE GUARANTEE IS NOT A COMPLYING DEMAND,
IT MAY REJECT THE DEMAND IN ITS SOLE JUDGEMENT AND INFORM INSTRUCTING PARTY OR COUNTER GUARANTOR, FOR WAIVER OF DISCRIPANCY.
2. OBTAINING THE WAIVER OF COUNTER GUARANTOR OR THE INSTRUCTING PARTY DOES NOT OBLIDGE THE GUARANTOR OR COUNTER GUARANTOR
TO WAIVE ANY DISCRIPANCY
3. WHEN A GUARANTOR REJECTS A DEMAND, IT SHALL GIVE A SINGLE NOTICE TO THAT EFFECT TO THE PRESENTER OF THE DEMAND WITHIN 5TH BUS
THE NOTICE SHALL STATE :
i) THAT THE GUARANTOR IS REJECTING THE DEMAND
ii) EACH DISCRIPANCY FOR REJECTION
4. THE GUARANTOR MAY ANY TIME AFTER PROVIDING THE NOTICE, RETURN ANY DOCUMENTS PRESENTED IN PAPER FORM TO THE PRESENTER
AND DISPOSE OF THE ELECTRONIC RECORDS IN ANY MANNER THAT IS CONSIDER APPROPRIATE WITHOUT INCURRING ANY RESPONSIBILITY.
25. REDUCTION AND TERMINATION
a. AMOUNT PAYABLE UNDER THE GUARANTEE SHALL BE REDUCED BY THE AMOUNT
i) PAID UNDER THE GUARANTEE
ii) RESULTING FROM ARTICLE 13
iii) INDICATED IN THE BENEFICIARIES SIGNED PARTIAL RELEASE FROM LIABILITY UNDER THE GUARANTEE.
b. WHEATHER OR NOT GUARANTEE DOCUMENT IS RETURNED TO THE GUARANTOR, THE GUARANTEE SHALL TERMINATE
i) ON EXPIRY
ii) EWHEN NO AMOUNTS REMAIN PAYABLE UNDER IT
iii) ON PRESENTATION OF BENEFICIARIES SIGNED RELEASE
c. IF THE GUARANTEE OR THE COUNTER GUARANTEE STATES NO EXPIRY DATE OR EVENT
THE GUARANTEE WILL TERMINATE AFTER 3 YEARS AND COUNTER GUARANTEE WILL TERMINATE AFTER 30 DAYS OF TERMINATION OF GUARANTEE
d. PRESENTATION OF DEMAND DAY IS HOLIDAY IN PLACE, THEN NEXT BUSINESS DAY.
e. THE GUARANTEE TERMINATES AS A RESULT OF "b" THE GUARANTOR IMMEDIATELY INFORM INSTRUCTING PARTY OR COUNTER GUARANTOR.
COUNTER GUARANTOR SHALL SO INFORMED THE INSTRUCTING PARTY.
26. FORCE MAJEURE
1. MEANS GOD,RIOTS,CIVIL COMMISSIONS, INSURRECTIONS, WARS, TERRORISM ACTS, OR ANY CASE BEYOND CONTROLL OF THE GUARANTOR OR CO
THAT INTERRUPTS ITS BUSINESS.
2. IF A GUARANTEE/COUNTER GUARANTEE EXPIRES AT THE TIME OF FORCE MAJEURE EACH GUARANTEE AND COUNTER GUARANTEE MAY
THE INSTRUCTING PARTY OR COUNTER GUARANTOR EXTEND FOR 30 DAYS AND ACCORDING TO INFORM.
3. EXAMINATION TIME IS NA FOR FORCE MAJURE
4. DEMAND MADE UNDER FORCE MAJEURE NOT PAID UNDER FORCE MAJEURE CAN BE PAID AFTER THE FORCE MAJEURE EVEN EXPIRY DATE GONE.
5.THE INSTRUCTING PARTY IS BOUND BY THIS ARTICLE
6. THE GUARANTOR OR COUNTER GUARANTOR ASSUMES NO LIABILITY FOR FORCE MAJEURE
27. DISCLAIMER ON EFFECTIVENESS OF DOCUMENTS
THE GUARANTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
1. THE FORM , ACCURACY, GENUINENESS, SUFFICIENCY , FALSIFICATION OR LEGAL EFFECT OF ANY SIGNATURE OR DOCUMENT
2. THE GENERAL OR PARTICULAR STATEMENT MADE IN OR SUPER IMPOSED ON ANY DOCUMENT PRESENTED TO IT.
3.THE DESCRIPTION, QUANTITY , WEIGHT , QUALITY , CONDITION , PACKING DELIVERY, VALUE OR EXISTANCE OF GOODS
SERVICES OR OTHER PERFORMANCE OR DATA REPRESENTED BY OR REFFERED TO ANY DOCUMENT PRESENTED TO IT.
28. DISCLAIMER ON TRANSMISSION OR TRANSLATION
THE GUARANTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF DELAY,LOSS IN TRANSIST ,
MULTILATION OR OTHER ERRORS ARISING IN THE TRANSMISSION OF ANY DOCUMENT
IF THE DOCUMENT IS SENT ACCORDING TO THE TERMS OF THE GUARANTEE
OR EVEN IF WHEN THE GUARANTOR MAY HAVE TAKEN THE INITIATIVE
TO SELECT THE DELIVERY CHANNEL (IN ABSENCE OF DELIVERY CHANNEL)
THE GUARANTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS IN TRANSLATION
OR INTERPRETATION OF TECHNICAL TERMS
AND MAY TRANSMIT ALL OR ANY PART OF THE GUARANTEE TEXT WHITOUT TRANSLATTING IT.
29. THE DISCLAIMER OF ACTS OF ANOTHER PARTY
THE GUARANTOR USING THE SERVICE OF ANOTHER PARTY FOR THE PURPOSE OF GIVING EFFECT TO THE INSTRUCTIONS OF AN INSTRUCTING PART
OR COUNTER GUARANTOR DOES SO FOR THE ACCOUNT AND AT THE RISK OF AN INSTRUCTING PARTY OR COUNTER GUARANTOR.
30.LIMITS ON EXEMPTION FOR LIABILITY
THE ARTICLE 27 TO 29 SHALL NOT EXEMPT A GUARANTOR FOR ITS LIABILITY OR RESPOSIBILITY OF ITS FAILURE TO ACT IN GOOD FAITH
31. INDEMNITY FOR FOREIGN LAWS AND USAGES
THE INSTRUCTING PARTY OR COUNTER GUARANTOR SHALL INDEMNIFY GURANTOR FOR ANY OBLIGATION OR RESPONSIBILITY DUE TO FOREIGN LAW
INCLUDING WHERE THOSE FOREIGN LAWS AND USAGES TERMS INTO THE GUARANTEE OR COUNTER GUARANTEE
32.LIABILITY FOR CHARGES
1. A PARTY INSTRUCTING ANOTHER PARTY TO PERFORM SERVICES UNDER THIS RULES IS LIABLE TO PAY THAT PARTY'S CHARGES FOR PERFORM
2. IF A GUARANTEE STATES CHARGES ARE ON THE ACCOUNT OF BENEFICIARY AND GUARANTOR/COUNTER GUARANTOR IS UNABLE TO COLLECT THA
CHARGES WILL BE RECOVERED FROM INSTRUCTING PARTY.
33.TRANSFER OF GUARANTEE AND ASSIGNMENT OF PROCEEDS
1. A GUARANTEE IS TRANSFERABLE WHEN IT SPECIALY STATES THAT IT IS TRANSFERABLE. THEN IT CAN BE TRANSFERABLE FOR MORE THAN ONE TI
FOR FULL AMOUNT AVAILABLE.
2. A COUNTER GUARANTEE IS NOT TRANSFERRABLE.
3. EVEN IF THE GUARANTEE SPECIFICALLY STATES THAT IT IS TRANSFERABLE, THE GUARANTOR IS NOT OBLIDGED TO GIVE EFFECT
TO THE TRANSFER REQUEST IF IT NOT PRESENTED AS PER FORMAT GIVEN BY THE GUARANTOR.
4.A TRANSFERABLE GUARANTEE MEANS A GUARANTEE THAT MAY BE MADE AVAILABLE BY THE GUARANTOR
TO A NEW BENEFICIARY (TRANSFEREE) AT THE REQUEST OF THE EXISTING BENEFICIARY.
5. THE FOLLOWING PROVISION WILL APPLY TO TRANSFER A GUARANTEE
i) A TRANSFERED GUARANTEE SHALL INCLUDE ALL AMMENDMENTS TO WHICH TRANSFEROR AND GURANTOR AGREED AS OF THE DATE OF TRANSFER
ii) A GUARANTEE CAN ONLY BE TRANSFERED WHERE IN ADDITION TO THE CONDITIONS STATED IN PARAGRAPH 1 , 3 AND 5.1 OF THIS ARTICLE
THE TRANSFEROR HAS PROVIDED A SIGNED STATEMENT TO THE GUARANTOR. THAT TRANSFEREE HAS AQUIRED TRANSFEROR RIGHTS AND OBLIGAT
ON THE CONTRACT.
6. UNLESS OTHERWISE AGREED AT THE TIME OF TRANSFER THE TRANSFEROR SHALL PAY ALL CHARGES REGARDING TRANSFER
7. UNDER A TRANSFERED GUARANTEE A DEMAND OR ANY SUPPORTING STATEMENT SIGNED BY THE TRANSFAREE.
UNLESS GUARANTEE PROVIDES OTHERWISE, THE NAME AND THE SIGNATURE OF THE TRANSFEROR IN ANY OTHER DOCUMENT.
8. WHEATHER OR NOT THE GUARANTEE STATES THAT IT IS TRANSFERABLE AND SUBJECT TO THE PROVISIONS OF THE APPLICABLE LAW.
THE BENEFICIARY MAY ASSIGN ANY PROCEEDS TO WHICH IT MAY BECOME ENTITLED UNDER THE GUARANTEE
HOWEVER, THE GUARANTOR SHALL NOT BE OBLIDGED TO PAY AN AS SIGNEE OF THESE PROCEEDS UNLESS THE GUARANTOR HAS AGREED TO DO S
34.GOVERNING LAW
a) UNLESS OTHERWISE PROVIDED IN THE GUARANTEE/COUNTER GUARANTEE ITS GOVERNING LAW SHALL BE OF THE LOCATION OF THE GUARANTO
GUARANTORS BRANCH OR OFFICE THAT ISSUE THE GUARANTEE.
35. JURISDICTION
a) UNLESS OTHERWISE PROVIDED IN THE GUARANTEE/COUNTER GUARANTEE ANY DIPUTE BETWEEN GUARANTOR AND BENEFICIARY/COUNTER GUAR
GUARANTOR WILL BE SETTLED EXCLUSIVELY BY COURT OF THE GURANTORS BRANCH/ COUNTER GURANTORS BRANCH
DEAR SIR,
1. GENERAL INTRODUCTION -
WHERE AS, THE SUN LTD, AN AUTONOMUS BODY OF MINISTRY OF EARTH SCIENCES, GOVT. OF INDIA HAVING ITS OFFICE AT XYZ ROAD,
KOLKATA 700057, INDIA HAS FLOATED A TENDER NO - 123 AND M/S MOON HAVING REGISTERED HEADOFFICE AT KOLKATA HAVE SUBMITTED A QUOTA
HAVING AGREED TO FURNISH THE CONDITION PRECEDENT FOR PARTICIPATION IN TENDER AN UNCONDITIONAL AND IRREVOCABLE BANK GUARANTE
(INDIAN RUPEES 1 CRORE ONLY), FOR THE DUE PERFORMANCE OF BIDDER OBLIGATION AS CONTAINED IN TERMS AND CONDITION CONTAINED IN TEN
SUPPLIEED BY SUN IN THE CONDITION THAT -
a) BIDDER SHALL KEEP HIS TENDER OPEN FOR A PERIOD OF 180 DAYS IE FROM 1/1/2022 TO 1/7/2022 OR ANY EXTENTION THERE OFF AND SHALL NOT W
OR MODIFY IN ANY MANNER NOT ACCEPTABLE BY SUN
b) THE BIDDER WILL EXECUT THE CONTRACT IF AWARDED, AND FURNISH PERFORMANCE GUARANTEE IN THE FORMAT PRESCRIBED BY SUN WITHIN T
BIDDER HAS ABSOLUTELY AND UNCONDITIONALY ACCEPTED THESE CONDITIONS.
2. NOTICE INVITING TENDER (NIT)/ TENDER DOCUMENT (TD)-
a) IS AN OFFER MADE ON THE CONDITION THAT THE TENDER IF SUBMITTED WOULD BE KEPT OPEN IN ITS ORIGINAL
FORM FOR A PERIOD OF 180 DAYS I.E FROM 1.1 22 TO 1.7 22 OR ANY EXTENTION THERE OFF AND THAT THE MAKING OF THE TENDER ITSELF, SHALL B
UNCONDITIONAL ACCEPTANCE CONTAINED IN THIS DOCUMENT.
b) THEY HAVE FURTHER AGREED THAT THIS DOCUMENT IS AN OFFER AND SUBMISSION OF TENDER IS THE
ACCEPTANCE AND IT IS A SEPARATE DOCUMENT FROM CONTRACT WHICH WILL COME INTO EXISTANCE WHEN TENDER IS AWARDED.
c) THE NEED OF THIS SEPARATE INITIAL AGREEMENT PRECEEDING THE MAIN AGREEMENT IS THAT
i) SUN IS NOT AGREEBLE TO SELL THE NIT/TD TO THE BIDDER ii) TO CONSIDER THE TENDER TO
BE MADE ACCEPT ON THE CONDITION THAT THE TENDER SHALL BE KEPT OPEN FOR A PERIOD INDICATED ABOVE. AND THE BIDDER DESIRES TO MAK
ON THE CONDITION THAT AFTER ENTERING INTO SEPARATE INITIAL AGREEMENT WITH THE SUN, SUN PROMISSES TO CONSIDER THE TENDER IF BIDD
TENDER OPEN FOR THE REQUIRED PERIOD. THESE RESIPROCAL PROMISES FROM THE CONSIDERATION FOR THIS SEPARATE INITIAL AGREEMENT BE
3. BANK GENERAL CONSIDERATION -
a) WE ICICI BANK LTD,REGISTERED UNDER LAWS OF INDIAN GOVT HAVING REGISTERED OFFICE AT RN MUKHERJEE ROAD KOLKATA-70000,
HEREBY ISSUE A IRREVOCABLE AND UNCONDITIONAL BANK GUARANTEE AND UNDERTAKE TO PAY IMMEDIATELY ON FIRST DEMAND IN WRITING IN RU
ANY CONVERTIBLE CURRENCY AS ACCEPTABLE TO SUN, ANY MONEY TO THE EXTEND OF RS 1,00,00,000 (INDIAN RUPEES ONE CRORE ONLY) AT ANY
ON SUCH DEMAND WITHOUT ANY DEMUR, RESERVATIONS, RECOURSE, CONTEST OR PROTEST AND WITHOUT ANY REFERANCE TO BIDDER
b) ANY SUCH DEMAND MADE BY SUN ON THE BANK SHALL BE CONCLUSIVE AND BINDING NOTWITHSTANDING ANY DIFFERENCE BETWEEN SUN AND T
c) ANY SUCH DEMAND MADE BY SUN ON BANK SHALL BE CONCLUSIVE AND BINDING NOTWITHSTANDING ANY DIFFERENCE BETWEEN SUN AND THE BI
PENDING BEFORE ANY COURT ARBITRATER OR ANY AUTHORITY OR ANY MATTER WHATSOVER.
d) WE ALSO AGREE THAT GUARANTEE HEREIN CONTAINED SHALL BE IRREVOCABLE UNLESS IT IS DISCHARGED EARLIER BY SUN IN WRITING
e) GUARANTEE SHALL NOT BE DISCHARGED/DTERMINED/AFFECTED BY LIQUIDATION, WINDING UP, DISSOLUTION OR INSOLVENCY OF THE BIDDER AN
BINDING AND OPERATIVE AGAINST THE BANK.
f) BANK ALSO UNDERTAKES THAT THE SUN AT ITS OPTION SHALL BE ENTITLED TO ENFORCE THIS GUARANTEE AGAINST THE BANK AS A PRINCIPLE DE
INSTANCE WITHOUT PROCEEDING AGAINST THE BIDDER.
4. BANK CONSIDERATION REGARDING BREACH OF CONTRACT
BANK ALSO UNDERTAKES THAT BETWEEN BANK AND THE SUN ANY NOTICE OF BREACH OF CONDITIONS CONTAINED IN NIT/TD AND OTHER TERMS AN
IN NIT AS MENTIONED ABOVE, GIVEN TO THE BANK IS CONCLUSIVE AND BINDING ON BANK WITHOUT ANY PROOF, NOT WITHSTANDING ANY OTHER MA
DISPUTE WHATSOVER. WE FURTHER AGREE THAT THIS DOCUMENT SHALL NOT BE EFFECTED BY ANY CHANGE IN OUR CONSTITUTION, OR, IN THE CO
OR THAT OF THE BIDDER WE ALSO UNDERTAKE NOT TO REVOKE IN ANY CASE THIS CURRENCY DURING ITS CURRENCY.
5. LIBERTY
a) BANK AGREE WITH SUN THAT SUN SHALL HAVE THE FULLEST LIBERTY WITHOUT OUR CONCENT AND WITHOUT AFFECTING IN ANY MANNER OUR OB
TO VARY ANY OF THE TERMS OF THE TENDER OR GET EXTENTION OF THE VALIDITY PERIOD FROM TIME TO TIME.
b) WE SHALL NOT BE RELEAVED FROM OUR LIABILITY BY REASON OF ANY SUCH VARIATION OR EXTENTION OF THE VALIDITY PERIOD FROM TIME TO
c) ALSO, WE SHALL NOT BE RELEAVED FROM OUR LIABILITY BY REASON OF ANY SUCH VARIATION OR EXTENTION OF THE VALIDITY PERIOD
OR FOR ANY FOR ANY FORBEARANCE, ACT OF OMMISSION AND COMMISSION ON THE PART OF SUN, OR ANY INDULGENCE SHOWN BY THE
SUN TO THE SAID BIDDER OR ANY SUCH MATTER OR THING WHATSOVER WHICH UNDER THE LAW RELATING TO SECURITIES WOULD
6. NWC CLAUSE
a) NOTWITHSTANDING WITH ANYTHING CONTAINED HEREIN ABOVE, OUR LIABILITY UNDER THIS GUARANTEE IS LIMITED TO INR 100,00,000 ONLY (ONE
b) AND IT SHALL REMAIN IN FULL FORCE UPTO 1/7/22 & INCLUDING 60 DAYS AFTER 1/5/22, UNLESS EXTENDED IN WRITING BY MS MOON, ON WHOSE BE
HAS BEEN GIVEN, IN WHICH CASE REMAIN IN FULL FORCE UPTO AND INCLUDING 60 DAYS AFTER THE EXTENDED PERIOD.
c) ANY CLAIM UNDER THIS GUARANTEE MUST BE RECEIVED BY US BEFORE EXPIRY OF 60 DAYS AFTER THE SAID DATE/EXTENDED DATE, ALL RIGHTS O
THIS GUARANTEE WILL CEASE SUBJECT TO BELOW.
d) HOWEVER, IF SUCH A CLAIM HAS BEEN RECEIVED BY US WITHIN AND UPTO 60 DAYS AFTER THE SAID DATE/EXTENDED DATE, ALL RIGHTS OF
SUN UNDER THE GUARANTEE SHALL BE VALID AND SHALL NOT CEASE UNTILL WE HAVE SATISFIED THE CLAIM.
7. CONTRACT AWARDED
a) IF CONTRACT AWARDED TO THE BIDDER THE VALIDITY OF THE BG WILL STAND AUTOMATICALLY EXTENDED, UNTILL THE BIDDER FURNISHES TO SU
ONLY (INDIAN RUPEES TEN CRORE ONLY). TOWARDSSATISFACTORY PERFORMANCE OF THE CONTRACT.
b) IN CASE FAILURE TO FURNISH PERFORMANCE GUARANTEE IN THE FORMAT PRESCRIBED BY THE SUN BY REQUIRED
DATE, THE CLAIM MUST BE SUBMITTED TO US WITHIN 120 DAYS AFTER THE LAST DATE OF VALIDITY PERIOD OR EXTENDED PERIOD
OR EXTENDED PERIOD IF ANY.
c) IF NO SUCH CLAIM HAS BEEN ECEIVED BY US WITHIN 120 DAYS AFTER THE SAID DATE/EXTENDED, RIGHTS OF SUN UNDER THIS GUARANTEE SHALL
CEASE UNTILL WE HAVE SATISFIED THE CLAIM.
8. LAWS CONSIDERATION
a)BANK CONFIRMS THAT GUARANTEE HAS BEEN ISSUED WITH THE APPROVAL OF APPROPRIATE EXCHANGE CONTROLL AUTHORITIES IN INDIA AND AN
IF REQUIRED AS PER THE LAWS OF THE COUNTRY OF ISSUE OF GUARANTEE.
b) WE CONFIRMS THAT THE GUARANTEE SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH INDIAN LAWS AND SUBJECT TO EXCLUS
COURTS.
c) BANK ALSO AGREES THAT THE COURTS OF THE PLACE FROM WHERE TENDERS HAVE BEEN INVITED SHALL HAVE EXCLUSIVE JURIDCTION.
IN WITNESS, WHEREAS THE BANK THROUGH ITS AUTHORIZED OFFICER HAS PUT ITS HAND AND STAMP ON SATURDAY 1ST JANUARY 20
WITNESS NO 1
SIGNATURE NAME WITH FULL ADDRESS SIGNATURE
FULL NAME IN CAPITAL LETER
WITNESS NO 2 DESIGNATION IN BANK
SIGNATURE NAME WITH FULL ASSRESS
ATTORNEY ASPER POWER OF ATTO
DATE ________ NO.___________
DATE. ___________
TYPES
BENEFICIARY.
THAT BANKS NEED RBI GUIDELINES
ALID TILL SPECIFIED DATE WITH OR WITHOUT CLAIM EXPIRY DATE. CLASS
THE COURT ORDER. SUBJECT TO STATE STAMP ACT. ONEROUS CLAUSES
LIGATION. FOR APPLICANT, IT IS GOOD TO GETTING THE ISSUANCE
AMMENDMENT
INVOCATION
R ASSET/LIABILITY MANAGEMENT.
GUARANTEES.
UR OF BUYER.
E GUARANTEE.
SCHEME OF GOVT.
GUARANTEE.
CURED BASIS
ICULTURE BOARD
ON OF THE APPLICANT.
OUS CLAUSES.
OM OVERSEAS BANK.
O GO TO COURTS
CITY OF BUYER
OBLIGATION TOWARS LC TERMS.
OUR OF IMPORTER.
ER COUNTER GUARANTOR
MPLYING DEMAND.
APABLE OF BEING PRODUCED IN TANGIBLE FORM
MAY RELATE.
GUARANTEE
WHOOM IT RECEIVED
APPARENT AUTHENCITY OF THE GUARANTEE
OF ITS PRESENTATION.
ND THESE RULES.
IN THE GUARANTEE.
ED ITS INSTRUCTION
OMPLYING DEMAND,
R WAIVER OF DISCRIPANCY.
R OR COUNTER GUARANTOR
MINATION OF GUARANTEE
OUNTER GUARANTOR.
GUARANTEE MAY
N GOOD FAITH
VE EFFECT
AT XYZ ROAD,
HAVE SUBMITTED A QUOTATION NO- Q1. BIDDER
EVOCABLE BANK GUARANTEE OF RS- 1,00,00,000 ONLY
ONDITION CONTAINED IN TENDER DOCUMENT
AWARDED.
KOLKATA-70000,
T DEMAND IN WRITING IN RUPEES OR
ONE CRORE ONLY) AT ANY TIME IMMEDIATELY
RANCE TO BIDDER
ENCE BETWEEN SUN AND THE BIDDER.
E BETWEEN SUN AND THE BIDDER OR ANY DISPUTE
BY SUN IN WRITING
LVENCY OF THE BIDDER AND WILL REMAIN VALID
USIVE JURIDCTION.
SATURDAY 1ST JANUARY 2022 AT 2.30 PM.
___________
INTO AN AGREEMENT BEARING NO . 000
SUPPLY OF THE MAGGI
ORMANCE BOND ON BEHALF OF CONTRACTOR
F THE CONTRACTOR.
u
TRY AND INTERNAL TRADE
VERSEAS TRUST
CEMENT OF FOREIGN EXCHANGE
TO THIS ACT ARE CALLED OCB.
UDES ADR)
REITs,INVITs,AIFs)
S OWNED BY THEM.
FTP ECGC
FEDAI EXIM BANK
IES GOLD CARD
1. FOREIGN TRADE POLICY (2015-2020)
PART- B - GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS
1. HS CODE-
1. GENERALY, TRADE IS FREE BUT SOMETIMES REGULATED BY PROVISSION, RESTRICTION AND SPECIAL TRADING RIGHTS
ONLY GIVEN TO STEs, DEFINED IN ITC(HS)
2. LIST OF FREE,PROHIVITED, RESTRICTED AND STE ITEMS CAN BE VIEWED IN DGFT.GOV.IN
3. THERE ARE SOME ITEMS WHICH ARE FREE BUT HAVE TO COMPLY WITH CONDITIONS STIPULATED IN OTHER ACTS
4. GOODS ARE CLASSIFIED BASED ON THEIR GROUP, SUB-GROUP OF 2/4/6/8 DIGITS
5. INDIAN HS IS ALLINED WITH INTERNATIONAL HS MAINTAINED BY WORLD CUSTOMS ORGANIZATION (WCOOMD.ORG)FOR FIRST 6 DIGITS
6. DOMESTIC LAWS/RULES/ORDERS/REGULATIONS/TECHNICAL SPECIFICANS/ENVIRONMENTAL SAFETY AND HEALTH NORMS APPLICABLE TO DOMEST
GOODS WILL APPLY TO IMPORTED GOODS ALSO UNLESS SPECIFICALLY EXEMPTED.
7. HOWEVER, GOODS TO BE UTILISED FOR MANUFACTURE OF EXPORT PRODUCTS MAY BE EXEMPTED FROM DOMESTIC STANDARD/QUALITY SPECIFI
8. LICENCING FACILITY IS AVAILABLE FOR IMPORTERS AND EXPORTERS FOR GOODS WHICH ARE NOT FREELY TRADEABLE FROM
LICENCING AGENCY/REGIONAL AUTHORITY
2. IE CODE
1. AN IE CODE IS A 10 DIGIT NUMBER ALLOTED BY DGFT MANDATORY FOR EVERY IMPORTER OR EXPORTER
2. ELECTRONIC FACILITY OF IEC IS E-IEC
3. GET IE CODE BY RA OF DGFT OR E-IEC SITE BY ANF-2 FORM
4. ONLY ONE I E CODE IS PERMITED AGAINST ONE PAN
3. MANDATORY DOCUMENTS FOR IMPORT AND EXPORT
a) IMPORT
1.BILL OF LADING/AWB/LORREY RECEIPT/RAILWAY RECEIPT/POSTAL RECEIPT
2.COMMERCIAL INVOICE CUM PACKING LIST
3. BILL OF ENTRY
b) EXPORT
3. IS SHIPPING BILL OR BILL OF EXPORTS
c) FOR IMPORT OF SPECIFIC GOODS WHICH ARE RESTRICTED NOC FRM RA DGFT OR LICENCE UNDER ANY LAW IS REQUIRED.
4. RESTRICTIONS
1. PUBLIC MORALS
2. HUMAN, ANIMAL OR PLANT LIFE OR HEALTH
3. PLANETS TRADEMARKS AND COPY RIGHTS AND PREVENTION OF DEPECTIVE PARCTICES
4. USE OF PRISON LABOUR
5. NATIONAL TREASURES OF ARTISTIC, HISTORIC OR ARCHEOLOGICAL VALUE
6. CONSERVATION EXHUSTIBLE NATURAL RESOURCES
7. TRADE OF FISSIONABLE MATERIAL OR MATERIAL FROM WHICH THEY ARE DERIVED
8. ARMS AMMUNITION OR IMPLEMENTS OF WAR
9. EXPORT OF SPECIAL CHEMICALS, ORGANISMS,MATERIALS AND TECHNOLOGIES (SCOMET) ITEMS
WILL BE AS INDICATED IN APPENDIX 3 OF SCHEDULE 2 ITC(HS) FOR IMPORT EXPORT ITEMS
10. SOME TIMES ACTRUAL USER CAN ONLY IMPORT A GOODS. THEN PROFF OF ACTRUAL USER REQUIRED.
11. RESTRICTED GOODS CAN BE IMPORTED OR EXPORTED WITH AN AUTHORIZATION COMPLIED WITH
PROCEDURES PRESCRIBED IN NOTIFICATION/PUBLIC NOTICE IN THIS REGARD
5. TERMS AND CONDITIONS OF AN AUTHORIZATION
a) DESCRIPTION, QUANTITY AND VALUE OF GOODS
b) ACTRUAL USER CONDITION
c) EXPORT OBLIGATION
d) MINIMUM VALUE ADDITION TO BE ACHIEVED
e) MINIMUM EXPORT/IMPORT PRICE
f) BANK GUARANTEE/LEGAL UNDERTAKING/BOND WITH CUSTOMS AUTHORITY/RA
g) VALIDITY PERIOD FOR IMPORT/EXPORT AS SPECIFIED IN HANDBOOK PROCEDURES
(GOODS ALREADY ARRIVED IN COSTOMS CAN ONLY ENTER TO DTA AFTER GETTING THIS AUTHOEIZATION)
(THIS IS AN AUTHORIZATION NOT A RIGHT- DGFTRA CAN ANY TIME REFUSE TO RENEW )
(PENAL ACTION AND PLACING OF AN ENTITY IN DENIED ENTITY LIST (DEL) IF EXPORTER BREAKS ANY RULES OR REGULATIONS)
6. COUNTRY PROHIBITIONS
1. TRADE OF ARMS FROM/TO IRAQ IS BANNED. BUT NO OBJECTION CERTIFICATE (NOC) FOR ONLY EXPORT FROM DEPARTMENT OF DEFENCE PRODUC
2. TRADE WITH ISLAMIC STATE IN IRAQ AND THE LEVANT (ISIL ALSO KNOWN AS DAESH), AL-NUSRAH FRONT AND OTHER INDIVIDUALS, GROUPS, UNDE
ENTITIES ASSOCIATED WITH AL-QUIDA IS BANNED.(OIL AND REFINED OIL PRODUCTS ,MODULERS REFINERIES AND RELATED MATERIALS,ITEMS OF CU
3. DIRECT AND INDIRECT TRADE WITH DEMOCRATIC PEOPLES REPUBLIC OF KOREA IS PROHIBITED. CHECK WWW.UN.ORG/DOCS/SC AND WWW.IAEA.O
4. DIRECT/ INDIRECT TRADE WITH IRAN IS PROHIBITED
5. TRADE OF CHARCOL IS PROHIBITED FROM SOMALIA
7. STATE TRADING ENTERPRISES
STATE TRADING ENTERPRISES ARE GOVERNMENTAL OR NON GOVERNMENTAL ENTERPRISES INCLUDING MARKETING BOARDS, WHICH DEALS WITH G
STEs HAVE GIVEN SPECIAL PRIVILIDGE TO TREADE IN SOME GOODS AS DEFINED IN ITC(HS)
8. TRADE WITH SPECIFIC COUNTRIES
1. TRADE WITH RUSSIA UNDER DEBT REPAYMENT AGREEMENT
2. BILATERAL TRADE BETWEEN INDIA AND NEIGHOURING COUNTRIES
9. IMPORTS
1.IMPORT OF SAMPLES AS PER HANDBOOK
2.IMPORT OF GIFTS IS FREE
3. BONIFIED HOUSEHOLD GOODS AND PERSONAL EFFECTS MAY BE IMPORTED AS PART OF PASSENGER BAGAGE AS PER LIMITS SCANTIONED BY BA
EXAMPLE- SAMPLE ARE FREELY ALLOWED, DRAWINGS, PATTERNS , LEBELS , PRICE TAGS , BOTTONS, BAGS, BELTS, TRIMMING AND ESTABLISHMENT
AS A PART OF PASSENGER BAGGAGE WITHOUT ANY AUTHORIZATION
4. CAPITAL GOODS, EQUIPMENTS, COMPONENTS, PARTS AND ACCERORIES WHEATHER IMPORTED OR LOCAL EXCEPT THOSE RESTRICTED UNDER ITC
MAY BE SENT ABROAD FOR REPAIRS, TESTING AND QUALITY IMPROVEMENTS OR UPGRADATION AND RE IMPORTED WITHOUT AN AUTHORIZATION
5. IMPORT OF GOODS USED IN PROJECT ABROAD AFTER COMPLETION OF PROJECT WITHOUT ANY AUTHORIZATION
6. IMPORT OF NEW/SCEOND HAND/SAMPLES OF PROTOTYPES MAY ALLOWED ON PAYMENT OF DUTY WITHOUT AN AUTHORIZATION
TO ACTRUAL USER ENGAGE IN PRODUCTION/ HAVING INDUSTRIAL LICENCE LETTER OF INTENT FOR RESEARCH IN ITEM FOR WHICH PROTOTYPE IS S
FOR PRODUCT DEVLOPMENT RESEARCH
7. IMPORT THROUGH A RESTRICTED COURIER SERVICE ARE PERMITTED AS PER NOTIFICATION ISSUED BY DOR.
HOWEVER, IMPORTABILITY, EXPORTABILITY OF SUCH ITEM IS AS PER FTP, ITC(HS)
8. SCEOND HAND CAPITAL GOODS IMPORTABLE AGAINST AUTHORIZATION
9. RE-FURBISHED/RE CONDITIONED SAPRES OF CAPITAL GOODS
(SUBJECT TO PRODUCTION OF CHARTERED ENGINEERS CERTIFIVATE
THAT SUCH SPARES HAVE ATLEAST 80% RESIDUAL LIFE OF ORIGINAL SPARES)
10. ALL OTHER SCEONDHAND CAPITAL GOODS ARE FREE
11. SCEOND HAND GOODS OTHER THAN CAPITAL GOODS ARE RESTRICTED IMPORTABLE AGAINST AUTHORIZATION.
12. IMPORT OF ANY FORM OF METALIC WASTE,SCRAP WILL BE SUBJECT TO CONDITION THAT IT WILL NOT CONTAIN HAZARDOUS
TOXIC WASTE, RADIO ACTIVE CONTAMINATED WASTE/SCRAP
CONTAINING RADIO ACTIVE MATERIAL
13.SEZ UNIT DEVELOPER CO DEVELOPER MAY ALLOWED TO DISPOSE OF ANY WASTE OR SCRAP IN DTA WITHOUT AUTHORIZATION
14. NO SPECIFIC PERMISSION OF RA IS REQUIRED FOR LEASED FINANCED CAPITAL GOODS.
15. WHENEVER ANY DUTYFREE IMPORT IS ALLOWED OR WHERE OTHERWISE SPECIALY STATED IMPORTER SHALL EXECUTE LUT/BG/BOND FOR CLEA
IN CASE OF LOCAL SOURCING, AUTHORIZATION HOLDER SHALL FURNISH LUT/BG/BOND TO RA CONCERNED BEFORE SOURCING MATERIAL FROM LOC
NOMINATED AGENCY
17. PRIVATE/PUBLIC BONDED WAREHOUSES MAY BE SETUP IN DTA AS PER TERMS AND CONDITIONS ISSUED BY DOR
ANY PERSON MAY IMPORT GOODS EXCEPT PROHIBITED ITEMS, ARMS AND AMMUNIATION, HAZARDOUS WASTE
AND CHEMICALS AND WAREHOUSE THEM IN SUCH BONDED WAREHOUSES. SUCH GOODS MAY BE CLEARED FOR HOME CONSUMPTION IN ACCORDAN
CUSTOMS DUTY WILL BE PAID AT THE TIME OF CLEARANCE OF GOODS. IF SUCH GOODS ARE NOT CLEARED WITHIN 1 YEAR OR PERIOD PERMITTED BY
IMPORTER HAVE TO RE-EXPORT SUCH GOODS.
18. HIDE, SKINS AND SEMI FURNISHED LEATHER MAY BE IMPORTED IN PUBLIC BONDED WAREHOUSE FOR THE PURPOSE OF DTA SALE
UNSOLD ITEMS CAN BE RE-EXPORTED FROM WAREHOUSE AT 50% EXPORT DUTY (NA FOR PRIVATE BONDED WARE HOUSE)
19.SALE OF GOODS ON HIGH SEA FOR IMPORT INTO INDIA MAY BE SUBJECT TO FTP OR ANY OTHER RULES
10. EXPORTS
1. ALL GOODS MAY BE EXPORTED WITHOUT ANY RESTRICTIONS, BUT SUCH EXPORTS ARE REGUALTED BY ITC(HS)/FTP/ANY OTHER LAW
ANY GOODS NOT INCLUDED IN ITC(HS) MAY BE EXPORTED WITHOUT AUTHORIZATION
2. EXEMPTION/REMITION OF SERVICE TAX IN GOODS AND SERVICES EXPORTED FROM DTA TO UNITS IN EOU/EHTP/STP/BTP
3. FOR GIVING ANY BENIFIT TO THE SUPPORTING MANUFACTURERS, THE NAME OF BOTH SUPPORTING MANUFACTURERS AND MERCHANT EXPORTER
MUST SPECIFY IN ARE-1/ARE-3/SHIPPING BILL/BILL OF EXPORT/AIRWAY BILL.
4. THIRD-PARTY EXPORT EXCEPT DEEMED EXPORT IS ALLOWED SUBJECT TO SHIPPING BILL INDICATE NAME OF THIRD PARTY AND EXPORTER
BRC, EXPORT ORDER , INVOICE SHOULD BE IN NAME OF THIRD PARTY.
5. EXPORT OF SAMPLE AND FREE CHARGED GOODS SHALL BE GOVERNED BY PROVISION IN PARA 2.66 HANDBOOK
6. GOODS INCLUDING EDIBLE ITEMS FOR VALUE NOT EXCEEDING 5,00,000 IN A LICENCING YEAR, MAY BE EXPORTED AS A GIFT, SUBJECT TO ITC(HS) F
7. EXPORT OF PASSENGER BAGGAGE- PERSONAL BAGGAGE MAY BE EXPORTED ALONG WITH PASSENGER, OR
IF UNACCOMPANIED, ONE YEAR BEFORE THE PASSENGER DEPARTURE FROM INDIA SUBJECT TO ITC(HS)
GOVT OF INDIA OFFICIALS FOR ABROAD POSTING CAN TAKE PERSONAL BAGGAGE IN RESPECT OF FREE RESTRICTED OR PROHIBITED
SAMPLE OF ITEMS OTHERTHAN FREELY EXPORTABLE CAN BE TAKEN AS A PASSANGER BAGAGE
8. GOODS IMPORTED INACCORDANCE WITH FTP, MAY BE EXPORTED IN SAME OR SUBSTANTIALY THE SAME FORM WITHOUT
AN AUTHORIZATION PROVIDED FREE IN ITC(HS)
9. GOODS INCLUDING CAPITAL GOODS (BOTH NEW AND 2ND HAND) MAY BE IMPORTED FOR RE-EXPORT PREDETERMINED, PROVIDED-
i) IMPORTER CLEAR GOODS UNDER CUSTOMS BOND
ii) GOODS ARE FREELY EXPORTABLE OR RESTRICTED ITEMS BUT NOT PROHIBITED ITEMS
iii) EXPORT IS AGAINST FREELY CONVERTABLE CURRENCY
10. CAPITAL GOODS WHICH ARE FREELY TRADABLE (IF ABOVE 3 CONDITION NOT FOLLOWED)
MAY BE IMPORTED FOR RE- EXPORT ON EXECUTION OF LUT/BG WITH CUSTOMS AUTHORITY
11.GOODS IMPORTED AGAINST PAYMENT IN FREELY CONVERTABLE CURRENCY
IS PERMITED FOR EXPORT IN FREELY CONVERTIBLE CURRENCY EXCEPT BIRD EGGS AND RICE
12. RE-EXPORT OF GOODS TO THE NOTIFIED COUNTRIES (IRAN)
WOOD BE PERMITTED IN INR SUBJECT TO MINIMUM VALUE ADDITION OF 15 %
13. RE-EXPORT OF FOOD, MEDICINE AND MEDICAL EQUIPMENTS NAMELY ITEMS COVERED UNDER CHAPERT 2,4,7,11, 15-21, 23,30,90
WILL NOT SUBJECT TO MINIMUM VALUE ADDITION REQUIREMENT OF IRAN
14. COURIER SERCICE - SAME AS IMPORT
15. REPLACEMENT AND REPARED GOODS- GOODS OR PARTS BEING EXPORTED AND FOUND DEFECTIVE/DAMAGED OR UNFIT FOR USE
MAY BE REPALCED OR REPAIRED FREE OF CHARGE BY EXPORTER AND SUCH GOODS SHALL BE ALLOWED CLEARANCE BY CUSTOMS AUTHORITIES
PROVIDED NOT RESTRICTED AS PER HS.
16. WARRANTY SPARES WHEATHER LOCAL OR IMPORTED OF PLANT, EQIPMENT, MACHINERY, AUTOMOBILES OR ANY OTHER GOODS
MAY BE EXPORTED ALONG WITH MAIN EQUIPMENT BUT WITHIN CONTRACTED WARRANTY PERIOD, SUCH AS GOODS SUBJECT TO RBI APPROVAL
17. PRIVATE BONDED WAREHOUSES EXCLUSIVELY FOR EXPORTS MAY BE SETUP IN DTA AS PER TERMS AND CONDITIONS OF DOR
SUCH WAREHOUSES SHALL BE ENTITLED TO PROCURE GOODS FROM DOMESTIC MANUFACTURERS WITHOUT PAYMENT OF DUTY
SUPPLIES MADE BY DOMESTIC SUPPLIERS TO SUCH NOTIFIED WIREHOUSES SHALL BE TREATED AS PHYSICAL EXPORTS
PROVIDED PAYMENT ARE MADE IN FREE FOREIGN EXCHANGE.
11. PAYMENT AND RECEIPT FOR IMPORT AND EXPORT
1. ALL EXPORT CONTRACT AND INVOICES, SHALL BE DENOMINATED EITHER IN FREELY CONVERTIBLE CURRENCY OR INR
BUT EXPORT PROCEEDS TO BE REALIZED IN FREELY CONVERTIBLE CURRENCY.
2. HOWEVER, EXPORT PROVEEDS AGAINST SPECIFIC EXPORTS MAY BE ALSO REALISED IN RUPEES, PROVIDED IT IS THROUGH
A FREELY CONVERTIBLE VOSTRO ACCOUNT.
3.CONTRACT FOR WHICH PAYMENT ARE RECEIVED THROUGH ACU CAN BE DENOMINATED IN ACU DOLLAR.
4. EXPORT CONTRACT, INVOICES CAN BE DENOMINATED IN INR AGAINST EXIM BANK/GOI LINE OF CREDIT (REPAYMENT OF LOAN TAKEN BY GOVT)
5. EXPORTS TO IRAN AND REALIZATION IN INR - ELIGIBLE FOR FTP BENIFITS INCENTIVES
12. NON REALIZATION OF EXPORT PROCEEDS
1. IF AN EXPORTER FAILS TO REALIZE EXPORT PROCEEDS WITHIN TIME. HE IS LIABLE TO TO PAY PENALTY AND RETURN ALL THE BENIFITS AVAILED B
UNDER PROVISION OF FT(D&R) ACT.
2. IN CASE AN EXPORTER UNABLE TO REALIZE EXPORT PROCEEDS, FOR REASONS BEYOND ITS CONTROLL. MAY APPROACH RBI FOR WRITTING OFF T
AS PER PROCEDURE.
3. THE PAYMENT REALIZED THROUGH INSURANCE COVER ELIGIBLE FOR BENIFITS AS PER PROCEDURE.
13.EXPORT PROMOTION COUNCIL
1. ORGANIZATIONS FOR EXPORTERS, TO SETUP TO PROMOTE AND DEVELOP INDIAN EXPORTS.
2. EACH COUNCIL IS RESPONSIBLE FOR PROMOTION OF A PARTICULAR GROUP OF PRODUCTS/PROJECT/SERVICES.
3. EPC,S ARE ALSO BE ELIGIBLE TO FUNCTION AS A REGISTERING AUTHORITY TO ISSUE REGISTRATION CUM MEMBERSHIP CERTIFICATE(RCMC).
4. RCMC IS AN AUTHORIZATION TO IMPORT EXPORT FOR FOR RESTRICTED ITEMS IN ITC(HS)
5. TO GET CONCESSION UNDER FTP IT IS REQUIRED TO UPLOAD RCMC ON IMPORTER/EXPORTER PROFILE OF DGFT SITE
6. CERTIFICATE OF REGISTRATION AS EXPORTER OF SPICES (CRES) ISUED BY SPECIES BOARD SHALL BE TREATED AS RCMC
14. POLICY INTERPRETATION AND RELAXTATION AND PERSONAL HEARING, SETTLEMENT COMMISSION BOARD
1.POLICY INTERPRETATION (HANDBOOK PROCEDURES) IS ON SOLE DECITION OF DTFT. POLICY INTERPRETATION COMMITTEE MAY BE CONSTITUTED
2. DGFT MAY GRANT EXEMPTION/RELAXATION/RELIEF TO ANY PERSON OR CLASS OR CATEGORY OF PERSONS FROM ANY PROVISSION UNDER FTP.
3. DGFT CONSULTING COMMITTEE - 1) NORMS COMMITTEE 2) EPCG COMMITTEE 3) POLICY RELAXATION COMMITTEE
4. AFTER APLLYING FOR RELAXATION TO ABOVE NORMS, IF EXPORTER IS NOT HAPPY HE CAN APPLY DIRECTLY TO DGFT BY PERSONAL HEARING
5. FOR FIRMS WHO HAVE DEFAULTED UNDER FTP FOR REASONS BEYOND ITS CONTROLL, MERGER AND ACQUISITION, REHABITATION OF SICK UNITS
A SETTLEMENT COMMISSION IN CENTRAL BOARD OF EXCISE AND CUSTOMS IS PRESENT
15.SELF CERTIFICATION OF CERTIFICATE OF ORIGIN
1. CERTIFICATE OF ORIGIN OF VARIOUS PTA,FTA,CECA,CEPA WAS CAN BE ISSUED BY AGENCIES UNDER APPENDIX 2B AND ANF FORMS.
NOW SELF CERTIFICATION IS CONSIDERED
2. FOR MANUFACTURERS WHO ARE ALSO STATUS HOLDERS SELF CERTIFICATION WILL BE PERMITTED ONLY TO THE GOODS THAT ARE MANUFACTUR
ISSUED TO THEM.
3. STATUS HOLDER EXPORTER CAN CAN BE ELIGIBLE FOR SELF CERTIFICATION IF IT IS AUTHORISED BY DGFT.
4. THIS SCHEME AND ALONG WITH ITS PENALTY PROVISIONS WILL CAME TO EFFECT
ONLY WHEN INDIA INCORPORATE THE SCHEME INTO SPECIFIC AGREEMENTS
WITH ITS PARTNERS AND THE NAME IS APPROPRIATELY NOTIFIED BY DGFT.
CHAPTER -3 -EXPORT FORM INDIA SCHEMES
16. MERCHANDISE EXPORTS FROM INDIA SCHEMES (MEIS)
1.TO OFFSET INFRASTRUCTURAL INEFFICIENCY AND ASSOCIATE COST INVOLVED IN EXPORT OF GOODS WHICH ARE HAVING HIGH EXPORT INTENTITY
ITC HS APPENDIX 3B LISTED HS CODES WILL BE ELIGIBLE FOR BENEFITS
2.THE BASIS OF CALCULATION OF BENEFIT IS LESSER THAN i) REALISED FOB VALUE FOR EXPORTS ii) FOB VALUE AS GIVEN IN SHIPPING BILL
3.EXPORTS OF GOODS THROUGH COURIER OR FOREIGN POST OFFICE USING E-COMMERCE (APPENDIX 3C) OF FOB UPTO RS.25000 PER CONSIGNMEN
WILL BE ENTITLED FOR THIS REWARDS UNDER MEIS.
4. PROHIBITIONS
i) EOUS/EHTPS/BTPS/BTPS/STPS WHO ARE AVAILING DIRECT TAX BENIFITS, ,
ii) SEZ/EOU/EHTP/BTP/FTWZ PRODUCTS EXPORTED THROUGH DTA UNITS
iii) EXPORT MADE BY UNIT IN FTWZ
iv) SUPPLIES MADE FROM DTA UNITS TO SEZ UNITS
v) EXPORT OF IMPORTED GOODS (DISCUSSED ABOVE),
vi) EXPORTS THROUGH TRANSSHIPMENT(GOODS ORIGINATED FROM OTHER COUNTRY TRANSSHIPED THROUGH INDIA),
vii) DEEMED EXPORTS AND SERCICE EXPORTS
viii) DIAMOND GOLD SILVER PLATINUM OTHER PRECIOUS METAL IN ANY FORM INCLUDING PLAIN AND STUDDED JEWEELERY AND ANY PRECIOUS OR S
ix)PRODUCTS WHERE PRECIOUS METALS/DIAMOND/STONES ARE USED
x) ORES AND CONCENTRATES
xi) RED SANDERS AND BEACH SAND,
xii) CRUDE PETROLIOUM OIL AND CRUDE,
xiii) CEREALS
xiv) SUGER, MEAT AND MEAT PRODUCTS, MILK AND MILK PRODUCTS UNLESS SPECIFICALLY NOTIFIED IN APPENDIX 3B,
xv) ITEMS WHICH ARE RESTRICTED/PROHIBITED FOR EXPORTS UNDER SCHEDULE OF ITC(HS),
xvi) EXPORT PRODUCTS WHICH ARE SUBJECT TO MINIMUM EXPORT PRICE OR EXPORT DUTY,
17.SERVICE EXPORTS FROM INDIA SCHEME (SEIS)
SERVICE EXPORTS FROM INDIA SCHEME (SEIS) AIMS TO PROMOTE EXPORT OF SERVICES FROM
INDIA BY PROVIDING 5 OR 7 % INCENTIVE ON NET FOREIGN INCOME IN THE FORM OF DUTY CREDIT SCRIPS FOR ELIGIBLE EXPORTS.
ELIGIBLITY
1. SERVICE PROVIDERS OF NOTIFIED SERVICES(SUPPLY OF SERVICE TO ANY OTHER COUNTRY AND SUPPLY OF SERVICE TO A SERVICE CONSUMER)
2. SERVICE PROVIDER SHOULD HAVE MINIMUM NET FREE FOREIGN EXCHANGE EARNING OF $ 15000 IN PREVIOUS FINANCIAL YEAR
INDIVIDUAL SERVICE PROVIDERS AND SOLE PROPRIETORSHIP MINIMUM NET FREE FOREIGN EXCHANGE EARNING CRITERIA IS $ 10000
3.PAYMENT IN INR FOR SERVICE CHARGES EARNED FOR SPECIFIED SERVICES (APENDIX 3E), SHALL BE TREATED IN DEEMED FOREIGN EXCHANGE AS
4. NET FOREIGN EXCHANGE EARNINGS= GROSS FOREIGIN EXCHANGE EARNING - TOTAL PAYMENT OF FOREIGN EXCHANGE(ONLY SERVICE SECTOR)
BY IEC HOLDER TO THAT FINANCIAL YEAR
INELIGIBILITY
1. FOREIGN EXCHANGE REMITTANCES OTHER THAN THOSE EARNED FOR RENDERING OF NOTIFIED SERVICES WOULD NOT BE COUNTED FOR ENTITLE
2. OTHER SOURCES OF FOREIGN EXCHANGE EARNINGS SUCH AS EQUITY OR DEBT PARTICIPATION, DONATIONS,
RECEIPTS OF REPAYMENT OF LOANS ETC. AND ANY OTHER INFLOW OF FOREIGN EXCHANGE, UNRELATED TO RENDERING OF SERVICE.
3. EOU, EHTP/ STPI & BTP units.
EARNED THROUGH CONTRACT/REGULAR EMPLOYMENT ABROAD(EG: LABOUR REMITTANCES)
1. PAYMENT OF SERVICES RECEIVED IN EEFC ACCOUNT
2.FOREIGN EXCHANGE TURNOVER BY HEALTH CARE INSTITUTIONS AND EDUCATIONAL INSTITUTIONS (EQUITY PARTICIPATION,DONATION ETC)
3.EXPORT TURNOVER RELATING TO SERVICES OF EOU/EHTP/STPI/BTP SCHEMES AND CLUBBING OF TURNOVER BY THEM WITH DTA
4. FOREIGN EXCHANGE EARNINGS FOR SERVICES PROVIDED BY AIRLINES, SHIPPING LINES SERVICE PROVIDER FROM ONE COUNTRY TO ANOTHER W
5. SERVICE PROVIDER IN TELECOM SECTOR.
FREE FOREIGN EXCHANGE EARNED THROUGH INTERNATIONAL CREDIT CARD AND OTHER INSTRUMENTS CAN BE TAKEN IN THE ACCOUNT FOR CALCU
GOVT RIGHTS
1. SELECT THE PRODUCT NOT ENTITLE FOR DUTY STRIP BY APPENDIX 3A
2. CHANGE RATE OF DUTY STRIPS
3. VALUE CAP/LIMIT OF ANY PRODUCT
STATUS HOLDER
1. CONTRIBUTED TOWARDS COUNTRIES FOREIGN TRADE, GUIDING NEW ENTERPRENIOURS
2. RECOGNIZATION OF STATUS HOLDER BY ACHIVING EXPORT PERFORMANCE IE FOB VALUE OF EXPORT EARNINGS IN FREE FOREIGN EXCHANGE DU
PREVIOUS 2 FINANCIAL YEAR. (DEEMED EXPORT EXPORT VALUE CONVERTED IN USD)
3. CATAGORY
STAR EXPORT HOUSES FOB OF EXPORT $ MN
1 SATR 3
2 STAR 25
3 STAR 100
4 STAR 500
5 STAR 2000
DOUBLE WEIGHTAGE STATUS HOLDER
THE EXPORT BY IEC HOLDER UNDER FOLLOWING CATAGORIES SHALL BE GRANTED FOR DOUBLE WEIGHTAGE FOR CALCULATION OF EXPORT PERFO
ONLY ONCE FOR 1 STAR. NA FOR 2,3,4,5,6 STAR
RE EXPORT AND EXPORT PERFORMANCE FROM OTHER IEC HOLDER IS NOT ALLOWED
1. MSME 2. MANUFACTURING UNITS HAVING ISO/BIS
3. UNIT LOCATED IN NORTH EASTERN STATES INCLUDING SIKKIM JAMMU KASHMIR
4. UNITS LOCATED IN AGRI EXPORT ZONES
PRIVILIGES
1. AUTHORIZATION AND CUSTOM CLEARANCE IS GRANTED AGAINST SELF DECLARATION
2. NORMS COMMITTEE WILL FIX NORMS IN 60 DAYS.
3. EXEMPTION OF FURNISHING BANK GUARANTEE
4. EXEMPTION FROM COMPULSURY NEGOTIATION OF DOCUMENTS WITH BANKS
5. 2 STAR AND ABOVE EXPORT HOUSES ARE PERMITTED TO ESTABLISH EXPORT WAREHOUSE(DOR GUIDELINES)
6. 3 STAR AND ABOVE EXPORT HOUSE GET ACCREDITED CLIENTS PROGRRAME(ACP) AS PER GUIDELINES OF CBEC
7. PRIORITY IN HANDLING OF THEIR CONSIGNMENT BY CONCERNED AGENCIES
8. MANUFACTURER STATUS HOLDER (3.4.5) WILL SELF CERTIFY THEM SELVES FOR QUALIFY UNDER PTA,FTA,CECA, CEPA, AS DISCUSSED ABBOVE
9. MANUFACTURER STATUS HOLDER WILL SELF CERTIFY THEIR GOODS AS ORIGINATING FROM INDIA
10. STATUS HOLDER ENTITLED TO EXPORT FREELY EXPORTABLE ITEMS ON FREE OF COST BASIS FOR EXPORT PROMOTION
SUBJECT TO AN ANNUAL LIMIT OF 10 LAKH OR 2% OF AVERAGE ANNUAL EXPORT REALIZATION DURING PRECEEDING 3 LICENCING YEAR WHICHEVER
RISK MANAGEMENT SYSTEM IS THER TO DETECT ANY DUPLICACY IN SUBMISSION STRIP .
10% OF SELECTED EXPORTERS OF SELECTED RA WILL BE CALLED FOR EXAMINATION OF DOCUMENTS PROFF OF LADING CERTIFICATE
ANNEXURE ATTACHED TO ANF OR ANY OTHER DOCUMENT
AF FAIL TO PRESENT DOCUMENT EXPOTER HAVE TO RETURN THE STRIPS ALONG WITH INTEREST AS PER CUSTOMS ACT
IN CASE OF EXPORT ORDER DEFAULTS
GOODS MAY BE IMPORTED UNDER SAME SCHEME IN WHICH PREVIOUSLY EXPORTED
BUT PENALTY, INTEREST SHALL BE PAID IN CASH
IN CASE OF PAYMENT OF VALUE SHORTFALL IN EXPORT ORDER
TRANSFER OF EXPORT PERFORMANCE
1.TRANSFER OF EXPOR PERFORMANCE FROM ONE IEC HOLDER TO ANOTHER IEC HOLDER IS NOT PERMITTED
AS A SHIPPING BILL CONTAINING NAME OF APPLICANT COUNTED AS AN EXPORT PERFORMANCE
IF EXPORT PROCEEDS FROM OVERSEAS ARE REALISED IN APPLICANT BANK ACCOUNT
AND THIS WILL BE EVIDENCED FORM E-BRC AND FIRC
2. BUT,MEIS REWARDS CAN BE CLAIMED EITHER BY SUPPORTING MANUFACTURER OR BY COMPANY WHO HAS REALISED IN FOREIGN EXCHANGE DIR
IMPORT UNDER LEASE FINANCING
UTILIZATION OF DUTY CREDIT STRIP IS PERMITED FOR PAYMENT OF DUTY IN CASE OF IMPORT OF CAPITAL GOODS UNDER LEASE FINANCING TERMS
CENVAT DRAWBACK
ADDITIONAL CUSTOMS DUTY/ EXCISE DUTY / SERVICE TAX PAID IN CASH OR THROUGH DUTY CREDIT STRIPS SHALL BE ADJUSTED AS CENVAT CREDIT
AS PER DOR RULES.
TRANSISITIONAL ARRANGEMENT
CHAPTER- 4 - DUTY EXEMPTIONS AND REMISSION SCHEMES
A.TYPES- DUTY FREE IMPORT OF IMPORTS OF GOODS FOR EXPORT PRODUCTION INCLUDING REPLENISMINT OF INPUTS OR DUTY REMISSION.
THERE ARE 3 SCHEMES
i) ADVANCE AUTHORIZATION(AA) FOR ANNUAL REQUIREMENT (DUTY FREE EXEMPTION SCHEME)
ii) DUTY FRE IMPORT AUTHORIZATION (DFIA) (DUTY FREE EXEMPTION SCHEME)
iii) DUTY DRAWBACK SCHEME (DUTY REMISSION SCHEME)
APPLIIBILITY OF SCHEMES - FROM DATE OF ISSUE OF AUTHORIZATION
B. ADVANCE AUTHORIZATION
1.BASIC- ADVANCE AUTHORIZATION ISSUED TO IMPORTER TO ALLOW DUTY FREE IMPORT FOR PRODUCTION AND EXPORT.
(FUEL,OIL,CATALYST CONSUMED IN PRODUCTION IS ALSO ALLOWED FOR DUTY EXEMPTION UNDER THIS SCHEME)
2.PROCESS OF ISSUE- CAN BE ISSUED AS PER STANDARD INPUT OUTPUT NORMS(SION)
OR ON THE BASIS OF SELF DECLARATION ( BOTH AVAILABLE IN HANDBOOK PROCEDURES)
3. APPLICIBILITY-
a. FOR SPECIES UNDER CHAPER 9 ITC HS IS PERMITTED ONLY FOR MANUFACTURE/CRUSHING/GRINDING/SANETARIZATION OF OILS OR OILERIES
N/A FOR CLEANING/GRADING/REPACKING.
b. CAN BE ISSUED EITHER TO MERCHANT EXPORTER OR SUPPORTING MANUFACTURER.
c. FOR PHARMACEUTICAL PRODUCTS CAN BE ISSUED IN NI PROCESS TO MANUFACTURER EXPORTER ONLY
d.FOR PHYSICAL EXPORT (INCLUDING EXPORT TO SEZ) AND INTERMEDIATE SUPPLY
e. CAN BE ISSUED FOR SUPPLY OF GOODS BY MANUFACTURER (INCLUDING DEEMED EXPORT) , TO EOU/STP/EHTP/BTP
AND SUPPLY OF CAPITAL GOODS AGAINST EPCG AUTHORIZATION
f. SUPPLY AND INSTALLATION OF GOODS (DEEMED EXPORT) TO PROJECTS FINANCED BY MULTILATERAL OR BILATERAL AGENCIES AS NOTIFIED DEA,
SUBJECT TO A LEGAL AGREEMENT WITHOUT INCLUDING CUSTOMS DUTY AND BIDS HAVE BEEN INVITED ON THE BASIS OF DDP PRICES
OF GOODS MANUFACTURED ABROAD. SUPPLIES COVERED HERE IS UNDER ICB.
g. SUPPLY OF GOODS TO ANY PROJECT NOTIFIED BY MOF OR MEGA POWER PROJECT NOTIFIED BY DOR INCLUDING DEEMED EXPORT
h. SUPPLY OF GOODS TO UNITED NATIONS OR INTERNATIONAL ORGANIZATIONS FOR THEIR OFFICIAL USE OR SUPPLIED UNDER PROJECT FINANCED B
ANY OTHER INTERNATIONAL ORGANIZATIONS APPROVED BY GOI.
i. SUPPLY OF GOODS REQUIRED FOR SETTING UP ANY NUCLEAR POWER PROJECT (MINIMUM CAPACITY OF 440 MW CERTIFICATE ISSUED BY OFFICER
JOINT SECTORY GOI,DAE. TENDER INVITED THROUGH NCB OR ICB
j.SUPPLY OF STORES ON BOARD OF FOREIGN GOING VESSEL/AIRCRAFT AS PER CONDITION OF (SION)
k. ADVANCE AUTHORIZATION FOR ANNUAL REQUIREMENT CAN ONLY BE ISSUED AGAINST SION (NA FOR APPENDIX 4J) SUBJECT TO EXPORT PERFORM
ENTITLEMENT ON THE BASIS OF CIF VALUE OF IMPORT SHALL BE UPTO 300% OF FOB VALUE OR FOB VALUE OF DEEMED EXPORT IN PRECEEDING FIN
WICHEVER IS HIGHER.
4. RULES
a. VALUE ADDITION (EXCEPT GEMS AND JEWELLERY) = (FOB VALUE OF EXPORTS REALIZED DEVIDED BY CIF VALUE OF INPUTS UNDER AUTHORIZATIO
MINIMUM REQUIREMENT UNDER ADVANCE AUTHORIZATION IS 15%, EXPORT PRODUCTS MINIMUM REQUIREMENT LESS THAN 15% , PHYSICAL EXPORT
RECEIVED IN FREELY CONVERTABLE CURRENCY VALUE ADDITION AS PER APPENDIX 4C , MINIMUM VALUE ADDITION FOR GEMS AND JEWELLERY SEC
IN CASE OF TEA VALUE ADDITION CAN BE 50%
b. WHENEVER SION NOT SPECIFY THE NAME OF THE ACTRUAL INPUT INSTEAD SPECIFY a) GENERIC INPUT OR b) ALTERNATIVE INPUT
- INPUTS ISED IN SB AND BOE SHOULD MATCH
WHEN EVER SION SPECIFY A SINGLE QUANTITY AGAINST NUMBER OF INPUTS, IMPORT IS PERMITTED TO THAT QUANTITY - BOE AND SB SHOULD MATC
- AT THE TIME OF DISCHARGE OF EXPORT OBLIGATION RA SHOULD ALLOW ONLY THOSE INPUTS WHICH HAVE BEEN SPECIALY INDICATED IN SB.
- THESE PROVISSIONS ARE ALSO APPLICABLE FOR SUPPLIES MADE TO DEEMED EXPORT SUBJECT TO DETAILS OF ABOVE PROVISSIONS SHOULD IND
IN BILL OFEXPORT, ARE3, CENTRAL EXCISE CERTIFIED INVOICE, IMPORT DOCUMENT,DOCUMENT FOR DOMESTIC PROCUREMENT/SUPPLY
c. PRE IMPORT CONDITION OF DGFT FOR INPUTS LISTED IN APPENDIX 4J OR AS PER SION (IMPORT OF DRUGS UNER UNREGISTERED SOURCES IS SUB
d. IMPORT UNDER ADVANCE AUTHORIZATION ARE EXEMPTED FROM PAYMENT OF BASIC CUSTOM DUTY, ADDITIONAL CUSTOMS DUTY, EDUCATION CE
SAFEGUARD DUTY BUT SUPPLY OF MARINE FREIGHT CONTAINERS BY 100% EOU ,SUPPLY OF CAPITAL GOODS AGAINST EPCG AUTHORISATION,
SUPPLY OF GOODS TO UNITED NATIONS OR INTERNATIONAL ORGANISATIONS FOR THEIR OFFICIAL USE OR SUPPLIED TO THE PROJECTS
WILL NOT BE EXEMPTED FROM PAYMENT OF APPLICABLE ANTI-DUMPING DUTY, SAFEGUARD DUTY AND TRANSITION PRODUCT SPECIFIC SAFEGUARD
e. DRAWBACK AS PER RATE DETERMINED BY CENTRAL EXCISE IS AVAILABLE FOR THE DUTY PAID FOR GOODS IMPORED FOR EXPORT UNDER ADVAN
DETAILS OF DUTY PAID MENTION WHILE APPLICATION FOR ADVANCE AUTHORIZATION. RA SHOULD CLEARLY INDICATE IN THE CONDITION SHEET OF
f. ADVANCE AUTHORIZATION IS SUBJECT TO ACTRUAL USER CONDITION AND CAN NOT BE TRASFERED EVEN IF EXPORT OBLIGATION COMPLETED. HO
HOLDER CAN COME OUT OF DUTY FREE AFTER EXPORT OBLIGATION COMPLETED.
g. IF CENVAT CREDIT FACILITY ON INPUTS AVAILED FOR EXPORTED GOODS, EVEN AFTER MANUFACTURING COMPLETED GOODS CANNOT BE EXPORT
A EXPORT OBLIGATION DISCHARGE CERTIFICATE IS REQUIRED. A CENTRAL EXCISE CERTIFICATE OR CERTIFICATE
FROM A CA SHOULD BE PRODUCED AT THE THE OF GETTING EXPORT OBLIGATION DISCHARGE CERTIFICATE FROM RA.
h. WASTE SCRAP OF MANUFACTURED PRODUCT CAN BE DISPOSED ONLY AFTER PAYMENTOF APPLICABLE DUTY
i. VALIDITY PERIOD OF IMPORT IS 12 MONTHS FROM DATE OF ISSUE OF IMPORT AUTHORIZATION. ADVANCE AUTHORIZATION FOR DEEMED EXPORT TH
CONTRACTED DURATION OF PROJECT OR 12 MONTS WHICHEVER IS HIGHER
h. NO EXPORT OR IMPORT OF AN ITEM IS ALLOWED UNDER ADVANCE AUTHORIZATION OR DFIA IF IT IS PROHIBITED. IF ADVANCE AUTORIZATION IS TH
BEFORE THE ITEM IS BEEN PROHIBITED THEN MAY BE ALLOWED SUBJECT TO DECLARATION. AS WE ALL KNOW, SOME ITEMS CAN ONLY BE IMPORTED
GENNERAL IMPORTER OR EXPORTER CANNOT IMPORT THAT ITEMES UNDER AA/DFIA. IF STE SPECIALY ISSUED A NO OBJECTION CERTIFICATE TO THA
OR EXPORTER THEN IT CAN BE IMPORTED UNDER AA/DFIA. IMORT AND EXPORT OF RESTRICTED/SCOMET ITEMS CAN BE POSSIBLE UNDER AA/DFIA SU
i. ADVANCE AUTHORIZATION SHALL ALSO BE AVAILABLE WHERE ALL OR SOME INPUTS OF EXPORT SUPPLIED FREE OF COST BY FOREIGN BUYER .
j. HOLDER OF AA/DFIA CAN PROCURE INPUTS FROM LOCAL SUPPLIER OR STES.SUCH PROCUREMENT CAN BE AGAINST ADVANCE RELEASE ORDER(AR
BACK TO BACK INLAND LC. WHEN DOMESTIC SUPPLIER. WHEN DOMESTIC SUPPLIER TRY TO OBTAIN AA FOR SUPPLY OF INPUTS TO ANOTHER AA HOL
ISSUE INVALIDATION LETTER. IF DOMESTIC SUPPLIER SEEK REFUND OF DUTY THROUGH DEEMED EXPORT MECHANISM ADVANCE RELEASE ORDER T
AA HOLDER IN DTA CAN PROCURE INPUTS FROM EOU/EHTP/BTP/STP/SEZ UNITS WITHOUT ANY ARO/IL. DUTY FREE IMPORT AUTHORIZATION HOLDER I
ADVANCE RELEASE ORDER/INVALIDATION LETTER FACILITY.
k. EXPORT PROCEEDS IS TO BE REALIZED IN FREELY CONVERTABLE CURRENCY. FOR RPA IT CAN BE REALISED IN INR SUBJECT TO MINIMUM VALUE A
DISCHARGE OF EXPORT OBLIGATION BY SEZ IF REALIZED IN FOREIGN CURENCY (FOR SEZ DEVELOPERS AND CO-DEVELOPERS NA AND CAN BE REAL
AUTHORIZATION HOLDER NEED TO FILE BILL OF EXPORT FOR EXPORTS TO SEZ UNITS AS PER SEZ RULES.
l. FOR FULLFILLMENT OF EXPORT OBLIGATION UNDER AA IS 18 MONTHS FROM THE DATE OF ISSUE OF AA. IN CASE OF SUPPLIES TO TRUNKEY PROJE
PERIOD IS CONTRACTED PERIOD OR 18 MONTHS WHICHEVER IS MORE. EXPORT OBLIGATION FOR INPUTS OF APPENDIX 4-J IS AS PER APPENDIX.
m. EXPORT ORDER PERIOD CAN BE EXTENDED SUBJECT TO AA IS UNDER BIFR/REHABITATION OF STATE GOVT. BIFR SHOULD MENTION UPTO EXTENT
IF NOT MENTIONED EXTENDED UPTO 2 YEARS FROM THE DATEOF EO OR BIFR WHICHEVER IS LATER.
n. REIMPORT OF EXPORTED GOODS UNDER DUTY EXEMPTION/REMISSION SCHEME (CONDITIONS SPECIFIED BY DOR). AA SHOULD REPORT TO RA FOR
5. INELIGIBLE CATEGORIES OF IMPORT ON SELF DECLARATION BASIS
1. ALL VEGITABLES/EDIBLES OILS AND OILSEEDS (C-15,12 OF HS)
2. ALL TYPES OF CEREALS (C-10)
3. ALL SPICES OTHER THAN LIGHT BLACK PEPPER HAVING BASIC CUSTOMS DUTY OF MORE THAN 30%(C-9,12)
4. ALL TYPES OF FRUITS/VEGITABLES HAVING CUSTOM DUTY OF MORE THAN 30%(C78)
5. HORN, HOOF AND ANY OTHER ORGAN OF ANIMAL
6. HONEY
7. ROUGH MARBLE BLOCKS/SLABS
8.ROUGH GRANITE
9.VITAMINS EXCEPT FOR USE IN FARMACITICAL INDUSTRY
* FOR EXPORT OF PERFUMES,PERFUMERY COMPOUND, FEED INGREDIENTS NO AUTHORIZATION TO BE ISSUED (HP 4.06,4.07)
* FOR EXPORT OR IMPORT OF BIOTECHNOLOGY (HP 4.07) NO OBJECTION CERTIFICATE IS REQUIRE FROM GOI,DBT
C. DUTY FREE IMPORT AUTHORIZATION SCHEME
1. APPLICABILITY- ISSUED TO ALLOW FREE IMPORT OF INPUTS. IMPORT OF OIL AND CATALYST WHICH IS CONSUMED IN THE PROCESS OF PRODUCTIO
ALSO ALLOWED. ACCOUNTING OF INPUT, IMPORTABILITY EXPORTABILITY OF ITEMS, DOMESTIC SOURCING OF INPUTS, CURRENCY OF REALIZATION O
DRAWBACK ADMISSIONIBILITY OF AA IS ALSO APPLICABLE HERE. NA FOR IMPORT OF SUGAR
2.DUTIES EXEMPTED
1. DUTY FREE IMPORT AUTHORIZATION SHALL BE EXEMPTED ONLY FROM PAYMENT OF BASIC CUSTOMS DUTY.
2. ADDITIONAL CUSTOMS DUTY/EXCISE DUTY NOT EXEMPTED CAN BE ADJUSTED AGAINST CENVAT CREDIT SUBJECT TO RULES OF DOR
3.ELIGIBILITY
DUTY FREE IMPORT AUTHORIZATION SHALL BE ISSUED ON POST EXPORT BASIS FOR PRODUCTS FOR WHICH STANDAR INPUT OUTPUT HAVE BEEN NO
MERCHANT EXPORTER REQUIRED TO MAINTAIN NAME AND ADDRESS OF SUPPORTING MANUFACTURERS PF THE EXPORT PRODUCT ON THE EXPORT
VIZ SHIPPING BILL/AWB/BILL OF EXPORT/ARE1/ARE-3
APPLICATION TO BE FILLED WITH RA FEFORE EFFECTING EXPORT UNDER DUTY FREE IMPORT AUTHORIZATION
4. VALUE ADDITION- MINIMUM 20% TO BE ACHIEVED. AA HIGHER VALUE ADDITION ITEMS IS ALSO APPLICABLE HERE.
5. VALIDITY AND TRANSFERIBILITY-
APPLICANT SHALL FILE ONLINE APPLICATION FOR DFIA. EXPORT TO BE COMPLETED WITHIN 12 MONTHS OF FILE NO FOR EXPORTER.
WHILE DOING EXPORT/SUPPLY APPLICANT HAVE TO MENTION FILE NO IN SHIPPING BILL/AWB/BILL OF EXPORT/ARE-1/ARE-3/CENTRAL EXCISE CERTIFI
AFTER COMPLETION OF EXPORTS AND REALIZATION OF PROCEEDS, REQUEST FOR DUTY FREE TRANSFERABLE EXPORT AUTHORIZATION MAY BE MA
CONCERNED RA WITHIN A PERIOD OF 12 MONTHS FROM THE DATE OF EXPORT OR 6 MONTHS FROM REALIZATION WHICHEVER IS LATER.
APPLICANT IS ALLOWED TO FILE APPLICATION BEYOND 24 MONTHS FROM THE DATE OF GENERATION OF FILE NO AS PER HP 9.03
SEPARATE DFIA TO BE ISSUED FOR EACH SION AND EACH PORT
EXPORTER UNDER DFIA TO BE MADE FROM THAT SINGLE PORT ONLY HP4.37
NO DUTY FREE IMPORT AUTHORIZATION TO BE ISSUED FOR AN EXPORT PRODUCT WHERE SION PRESCRIBES "ACTRUAL USER CONDITION"
RA TO ISSUE TRANSFERABLE DFIA WITH VALIDITY OF 12 MONTHS FROM DATE OF ISSUE. NO FURTHER REVALIDATION IS GRANTED BY RA
6. SENSITIVE ITEMS UNDER DUTY FREE IMPORT AUTHORISATION
1. IN RESPECT OF RESULTANT PRODUCTS REQUIRING FOLLOWING INPUTS, EXPORTER SHALL BE REQUIRED
TO PROVIDE DECLARATION WITH REGARD TO TECHNICAL CHARACTERISTICS, QUALITY AND SPECIFICATION IN SHIPPING BILL:
2.ALLOY STEEL INCLUDING STAINLESS STEEL, COPPER ALLOY, SYNTHETIC RUBBER, BEARINGS, SOLVENT,
PERFUMES / ESSENTIAL OIL/ AROMATIC CHEMICALS, SURFACTANTS, RELEVANT FABRICS, MARBLE,
ARTICLES MADE OF POLYPROPYLENE, ARTICLES MADE OF PAPER AND PAPER BOARD, INSECTICIDES, LEAD INGOTS,
ZINC INGOTS, CITRIC ACID, RELEVANT GLASS FIBRE REINFORCEMENT (GLASS FIBRE, CHOPPED / STRANDED MAT, ROVING
WOVEN SURFACING MAT), RELEVANT SYNTHETIC RESIN (UNSATURATED POLYESTER RESIN, EPOXY RESIN,
VINYL ESTER RESIN, HYDROXY ETHYL CELLULOSE), LINING MATERIAL.
3. WHILE ISSUING DUTY FREE IMPORT AUTHORIZATION REGIONAL AUTHORITY SHOULD MENTION TECHNICAL
CHARACTERISTICS IN RESPECT OF ABOVE INPUTS IN THE AUTHORIZATION
REMISSION SCHEMES
D. SCHEMES FOR EXPORTER OF GEMS AND JEWELLERY
1. BASIC- GEMS AND JEWELLERY EXPORTER CAN IMPORT DUTY FREE INPUTS FOR MANUFACTURE OF EXPORT PRODUCT.
GOLD, SILVER, PLATINUM JEWELLERY INCLUDING PARTLY PROCESSED JEWELLERY AND ARTICLES INCLUDING MEDALLIONS AND COINS (EXCLUDING
AND ANY ENGINEERING GOODS) WHEATHER PLAIN OR STUBBED. (GOLD SHOULD BE 8 CARATS, SILVER AND PLATINUM SHOULD BE CONTAINING MOR
THESE ITEMS CAN BE EXPORTABLE AND INPUTS OF THESE ITEMS ARE IMPORTABLE.
DFIA SCHEME NOT AVAILABLE TO THIS SECTOR.
2. SCHEMES
1. ADVANCE PROCUREMENT/REPLENISHMENT OF PRECIOUS METALS FROM NOMINATED AGENCIES - GOLD, SILVER,PLATINUM AS A INPUT OF EXPORT
IMPORETED OR PROCURED FROM NOMINATED AGENCY. EXPORT WOULD BE SUBJECT TO WASTAGE NORMS AND VALUE ADDITION.
2.REPLENISHMENT AUTHORIZATION FOR GEMS - CAN BE OBTAINED FROM RA AS PER HP. MAY BE ISSUED AGAINST EXPORT FOR WHICH INPUTS ARE F
IN CASE OF PLAIN OR STUBBED JEWELLERY VALUE OF SUCH AUTHORIZATION IS DETERMINABLE BY REALIZATION IN EXCESS OF PRESCRIBED MINIMU
THIS AUTHORIZATION SHALL BE FREELY TRANSFERABLE. REPLENISHMENT RATE AND ITEM OF IMPORT AS PER APPENDIX 4G.
3. REPLENISHMENT AUTHORIZATION- FOR DUTY FREE IMPORT OF CONSUMABLES, TOOLS AND OTHER ITEMS
4. ADVANCE AUTHORIZATION FOR PRECIOUS METALS
3. VALUE ADDITION AND WASTAGE NORMS-
VA= {(FOB VALUE OF EXPORT REALISED MINUS VALUE OF INPUTS) DIVIDED BY VALUE OF INPUTS}*100
VALUE OF INPUTES = INCLUDES DOMESTICALLY PROCURED SUCH AS GOLD/SILVER/PLATINUM CONTENT IN EXPORT PRODUCT PLUS ADMISSIBLE WAS
VALUE OF OTHER ITEMS SUCH AS GEMSTONE ETC. WHEREEVER GOLD HAS BEEN OBTAINED ON LOAN BASIS VALUE SHALL ALSO INCLUDE INTEREST
FREE FOREIGN EXCHANGE TO FOREIGN SUPPLIER.
WASTAGE OR MANUFACTURING LOSS FOR GOLD,SILVER,PLATINUM JEWELLERY ASPER HP 4.60
4. NOMINATED AGENCIES
1. MMTC LTD, THE HANDICRAFT AND HANDLOOMS EXPORTS CORPORATION OF INDIA LTD, THE STATE TRADING CORPORATION OF INDIA LTD, PEC LTD
AND DIAMOND INDIA LTD.
2. FOUR STAR EXPORT HOUSES FROM GEM AND JEWELLERY SECTOR AND 5 STAR EXPORT HOUSES FROM ANY SECTOR CAN BECOME A NOMINATED
3. RBI CAN AUTHORIZE ANY BANK AS NOMINATED AGENCY.
4. IMPORT BY NOMINATED AGENCY AS PER HP
5. A BANK AUTHORIZED BY RBI IS ALLOWED EXPORT OF GOLD SCRAP FOR REFINING AND IMPORT STANDARD GOLD BARS AS PER RBI GUIDELINES.
6. EXPORTER IS EOU/SEZ IS GOVERNED BY FTP /SEZ RULES RESPECTIVELY.
5. IMPORT AND EXPORT
1. GEOMETRICAL INSTITUTE OF AMERICA (GIA), INDIAN DIAMOND INSTITUTE, INTERNATIONAL INSTITUTE OF DIAMOND GRINDING AND RESEARCH INDIA
ARE PERMITTED TO IMPORT DIAMOND TO THEIR LABORATORIES, WITHOUT ANY IMPORT DUTY FOR CERTIFICATION AND GRADING REPORTS, WITH A C
THAT IT SHOULD BE EXPORTED WITH ALONG WITH CERTIFICATION/GRADING REPORTS. AS PER HP.
2. SIMILARLY, LIST OF AUTHORIZED LABORATORIES FOR CERTIFICATION/GRADING OF DIAMONDS OF 0.25 CARAT AND ABOVE
G)FOR FIRST 6 DIGITS
H NORMS APPLICABLE TO DOMESTICALLY PRODUCED
REQUIRED.
GULATIONS)
AUTHORIZATION
ITEM FOR WHICH PROTOTYPE IS SHOUGHT
N HAZARDOUS
AUTHORIZATION
EXECUTE LUT/BG/BOND FOR CLEARANCE OF GOODS.
RE SOURCING MATERIAL FROM LOCAL SUPPLIOR
TED OR PROHIBITED
RMINED, PROVIDED-
1, 15-21, 23,30,90
NY OTHER GOODS
S SUBJECT TO RBI APPROVAL
DITIONS OF DOR
MENT OF DUTY
S THROUGH
D AS RCMC
LIGIBLE EXPORTS.
DERING OF SERVICE.
TICIPATION,DONATION ETC)
Y THEM WITH DTA
OM ONE COUNTRY TO ANOTHER WITHOUT TOUCHING INDIA.
ROMOTION
NG 3 LICENCING YEAR WHICHEVER IS LOVER.
LADING CERTIFICATE
G DEEMED EXPORT
PLIED UNDER PROJECT FINANCED BY UN OR
P 4.06,4.07)
CT TO RULES OF DOR
AD INGOTS,
DED MAT, ROVING
CULTURE)
S,COMPULSURY CONVERTIBLE
UNLISTED COMPANIES.
Opening and Maintenance of Rupee/Foreign Currency Vostro Accounts of Non-resident Exchange Houses
L ACCOUNT TRANSACTIONS.
GULATION 2(i)
IN FOREIGN EXCHAGE
OF LAST TRANSACTION.
BALANCE IMMEDIATELY WHEN REQUESTED.
SETTLEMENT CYCLE.
TITLE,POSSESSION OR LIEN.
HOTEL EXPENDITURE.
RECEIVED/ACQUIRED BY HIM -
NT OUTSIDE INDIA AND REPATRIATED TO INDIA.
T COMPANY.
ACCOUNTS IN INDIA
ED FROM FOREIGN,
CONVERSION INTO RUPEE.
DEPLOMATICPERSONNEL.
ATIC STAFF WHO ARE NATIONALS OF FOREIGN COUNTRIES
ANKING CHANNELS.
ESTMENT IN INDIA.
AYMENTS OR
N MAKE INVESTMENT
O A RESIDENT ,
AINTAINED WITH BANKS.
ANKING CHANNEL IN INDIA FOR MAXIMUM 6 MONTHS.
ATION/REALESTATE ACTIVITIES.
AYMENTS OR
NT OF THE RFPI
ATRIATION BASIS.
ATION BASIS.
CURRENCY IS PERMITTED.
Bs IN ANY MANNER.
NR ACCOUNT.
Transist Policy
Transit of goods through India from or to countries adjacent to India shall be regulated oman of smit min accordance with the bilateral treaties between of
Actrual User Condition
India and those countries and will be subject to such restrictions as may be specified by DGFT in accordance with International Conventions. Goods whic
Second Hand Goods
All second hand goods (except second hand capital goods permitted in the policy such as
refurbished/reconditioned spares), shall be restricted for imports and may be imported
only in accordance with the provisions of the Trade Policy, ITC (HS), Handbook, Public
Notice or a license/certificate/permission issued in this behalf.
Import of Samples
Import of samples shall be governed by the provisions contained in Handbook of Procedures
Import of Gifts
Import of gifts shall be 'free' where such goods are otherwise freely importable under ITC (HS).
In other cases, such imports shall be permitted against an authorization issued by DGFT.
Passenger Baggage
Bona fide household goods and personal effects may be imported as part of passenger baggage
as per limits, terms and conditions thereof in Baggage Rules notified by Ministry of Finance.
Samples of such items that are otherwise freely importable under FTP may also be import-
ed as part of passenger baggage without an Authorization. Exporters coming from abroad are also allowed to import drawings, patterns, labels, price tags
required for export, as part of their passenger baggage without an Authorization.
Import for Export
Goods imported, in accordance with FTP may be exported in same or substantially the same form without an Authorisation provided be imported or expo
Goods, including capital goods (both new and second hand), may be imported for export provided, importer clears goods under Customs Bond; Goods a
"Restricted"/"Prohibited"/subject to "exclusive trading through State Trading Enterprises" or
any conditionality/requirement under Export Policy of the ITC (HS); Export is against freely
Convertible currency.
16. Re-import of goods repaired abroad
Capital goods, equipments, components, parts and accessories, repaired abroad whether im-
ported or indigenous, except those restricted under ITC (HS), may be sent abroad for
repairs, testing, quality improvement or up gradation or standardization of technology
and re-imported without a license/certificate/ raba permission.
17. Import of goods used in Projects abroad
Project contractors after completion of projects abroad, may import without an Authorization, goods including capital goods used in the project, provided t
18. Sales on High Seas
Sale of goods on high seas for import into India may be made subject to the Foreign Trade Policy or any other law for the time being in force.
19. Import under Lease Fi-
No specific permission of RA (Regional Aunancing thority) is required for lease financed capital goods.
20. Clearance of Goods from Customs
Goods already imported/shipped/arrived, in advance, but not cleared from customs can also be cleared against Authorization, Licence, Certificate,Permis
21. Execution of BG/LUT
Wherever any duty free import is allowed or where otherwise specifically stated, the importer shall execute a Legal Undertaking (LUT)/Bank Guarantee (B
22. Private/Public Bonded ware- houses for Import.
Private/Public bonded warehouses may be set up in Domestic Tariff Area (DTA) as per terms and conditions of notification issued by Department of Reve
23. Free Exports
All goods may be exported without any restriction except to the extent such exports are regulated by ITC(HS) or any other provision of the Foreign Trade
24. Export of Samples
Export of samples and Free of charge goods shall be governed by the provisions given in Handbook of procedures.
25. Export of Passenger Baggage
Bona-fide personal baggage may be exported either along with passenger or, if unaccompanied, within one year before or after passenger's departure fro
30. Export of Repaired Goods
Goods or parts thereof except those restricted under ITC (HS), on being exported and found defective, damaged or otherwise unfit for use may be import
Such goods shall be allowed clearance without a licence/certificate/permission/Authorization. and in accordance with customs notification issued in this b
31. Private Bonded Warehouses for Exports
Private bonded warehouses exclusively for exports may be set up in DTA as per the terms and conditions of the notifications issued by Exports Departme
32. Denominations of Export Contracts
All export contracts and invoices shall be Contracts denominated either in freely convertible currency or Indian rupees but the export proceeds shall be re
However export proceeds against specific exports may also be realized in rupees provided it is through a freely convertible Vostro account of a non-resid
33. Non-realization of Export Proceeds-
If an exporter fails to realize export proceeds Proceeds within time specified by RBI, he shall, without prejudice to any liability or penalty under any law in
34. Exemption from Service Tax in DTA
For all goods and services which are exported from units in Domestic Tariff Area(DTA), remission of service tax levied and related to exports, shall be allo
35. Exemption from Service Tax in EOU/EHTP/STP/BTP
For units in EOU/EHTP/STP/BTP, exemption/ remission of service tax levied and related to exports, shall be allowed, as per prescribed procedure in the
hese regulations and procedures are, however, subject to dynamic revisions and amendments. However, we shall touch only upon the broad policy framework, whic
aw for the time being in force. The item wise export and import policy shall be, as specified in ITC (HS) published and notified by Director General of Foreign Trade,
ding the classification of any item in the ITC (HS) or Schedule of DEPB (Duty Entitlement Pass Book) Rate the said question or doubt shall be referred to the Directo
f the Act, the Rules and the Orders made thereunder. Such
exempt any person or class of persons from any provision of the Policy.
ading Enterprise(s), may be imported or exported by the State Trading Enterprise(s) as specified in the ITC (HS) Book subject to the condi- tions specified therein. T
bilateral treaties between of the provision india and those countries and will be subject to such restrictions as may be specified by DGFT in accordance with interna
al Conventions. Goods which are importable freely without any 'Restriction may be imported by any person. However, if such imports require an Authorization, actua
rovided be imported or exported is no that item restricted for import or export in ITC (HS). Capital goods, which are freely importable and freely exportable, may be im
der Customs Bond; Goods are freely exportable, i.e., are not
sed in the project, provided they have been used for at least one year.
e being in force.
, Licence, Certificate,Permission issued subsequently. This Facility will not be available to “Restricted” items. Or Items Traded Through STEs.
ng (LUT)/Bank Guarantee (BG)/Bond with the Customs Authority before clearance of goods through the Customs
sued by Department of Revenue. Any person may import goods except prohibited items, arms and ammunition, hazardous waste and chemicals and warehouse the
ovision of the Foreign Trade Policy or any other law for the time being in force. The Director General of Foreign Trade may however, specify through a public notice
ter passenger's departure from India. However, items mentioned as restricted in ITC (HS) shall require an Authorization. Government of India officials proceeding ab
e unfit for use may be imported for repair and subsequent re-export.
s notification issued in this behalf.
issued by Exports Department of Revenue.Such warehouses shall be entitled to procure the goods from domestic manufacturers without payment of duty. The supp
ostro account of a non-resident bank situated in any country other than a member country of ACU or Nepal or Bhutan. The free foreign exchange remitted by the bu
or penalty under any law in force, be liable to return all benefits/ incentives availed against such exports and action in accordance with provisions of Foreign Trade (
oubt shall be referred to the Director General of Foreign Trade whose decision thereon shall be final band binding.
the condi- tions specified therein. The Director General of Foreign Trade may, however, grant a license! certificate/permission to any other person to import or expor
ble and freely exportable, may be imported for export on execution of LUT/BG with Customs Authority.
rough STEs.
and chemicals and warehouse them in such bonded warehouses. Such goods may be cleared for home consumption in accordance with provisions of FTP and aga
er, specify through a public notice such terms and conditions according to which any goods, not included in the ITC(HS), may be exported without a license/certifica
ment of India officials proceeding abroad on official postings shall, however, be permitted to carry along with their personal baggage, food items (free, restricted or pro
without payment of duty. The supplies made by a domestic supplier to the notified warehouses shall be treated as physical exports provided the payments for the s
reign exchange remitted by the buyer to his non-resident bank (after deducting the bank service charges) on account of this transaction would be taken as the expo
e with provisions of Foreign Trade (Development &Regulation) Act, Rules and Orders made there under and FTP.In case an Exporter is unable to realise the export
also gives us an idea of what is permitted and what is restricted within the existing policy framework. exporters.
vided the payments for the same are made in free foreign exchange.
n would be taken as the export realization under the export promotion schemes of the Policy.Contracts for which payments are received through the Asian Clearing U
unable to realise the export proceeds for reasons beyond his control (force-majeure), he may approach RBI for writing off the unrealised amount as per procedure l
f such goods. If such goods are not cleared for home consumption within a period of one year or such extended period as the customs authorities permit, importer o
e under FTP may also be exported as part of passenger baggage without an Authorization.not mentioned in ITC(HS). as restricted items for export.
d through the Asian Clearing Union (ACU) shall be denominated in ACU Dollar.