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Risk Management Manual of Examination Policies - FDIC

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INTERNATIONAL BANKING Section 11.1<br />

receives prepayment for the goods either through cash or<br />

some other type <strong>of</strong> financing. If ABC is unable to prepay<br />

in cash, it will request its bank to issue a letter <strong>of</strong> credit in<br />

favor <strong>of</strong> the third company. If ABC’s bank agrees, the<br />

domestic credit is then “backed” by the foreign letter <strong>of</strong><br />

credit and a back-to-back letter <strong>of</strong> credit transaction exists.<br />

Letter <strong>of</strong> Credit - Cash – A letter addressed from one<br />

bank to one or more correspondent banks making available<br />

to the party named in the letter a fixed sum <strong>of</strong> money up to<br />

a future specific date. The sum indicated in the letter is<br />

equal to an amount deposited in the issuing bank by the<br />

party before the letter is issued.<br />

Letter <strong>of</strong> Credit - Commercial – A letter <strong>of</strong> credit<br />

addressed by a bank, on behalf <strong>of</strong> a buyer <strong>of</strong> merchandise,<br />

to a seller authorizing the seller to draw drafts up to a<br />

stipulated amount under specified terms and undertaking<br />

conditionally or unconditionally to provide payment for<br />

drafts drawn.<br />

• Confirmed Irrevocable Letter <strong>of</strong> Credit – A letter <strong>of</strong><br />

credit in which a bank in addition to the issuing bank<br />

is responsible for payment.<br />

• Irrevocable Letter <strong>of</strong> Credit – A letter <strong>of</strong> credit in<br />

which the issuing bank waives all right to cancel or in<br />

any way amend without consent <strong>of</strong> the beneficiary or<br />

seller.<br />

• Revocable Letter <strong>of</strong> Credit – A letter <strong>of</strong> credit in<br />

which the issuing bank reserves the right to cancel or<br />

amend that portion <strong>of</strong> the amount that has not been<br />

demanded before the actual payment or negotiation <strong>of</strong><br />

drafts drawn.<br />

• Revolving Letter <strong>of</strong> Credit – A letter <strong>of</strong> credit in<br />

which the issuing bank notifies a seller <strong>of</strong> merchandise<br />

that the amount <strong>of</strong> credit when used will again become<br />

available, usually under the same terms and without<br />

the issuance <strong>of</strong> another letter.<br />

• Special Clauses –<br />

o Green Clause – Similar to the red clause<br />

letter <strong>of</strong> credit below, except that advance<br />

payment is made, generally upon presentation<br />

<strong>of</strong> warehouse receipts evidencing storage <strong>of</strong><br />

the goods.<br />

o Red Clause – A clause permitting the<br />

beneficiary to obtain payment in advance <strong>of</strong><br />

shipment so that the seller may procure the<br />

goods to be shipped.<br />

o Telegraphic Transfer Clause – A clause in<br />

which the issuing bank agrees to pay the<br />

invoice amount to the order <strong>of</strong> the negotiating<br />

bank upon receipt <strong>of</strong> an authenticated<br />

cablegram form the latter that the required<br />

documents have been received and are being<br />

forwarded.<br />

Letter <strong>of</strong> Credit - Confirmed – A letter <strong>of</strong> credit issued<br />

by the local bank <strong>of</strong> the imported and to which a bank,<br />

usually in the country <strong>of</strong> the exporter, has added its<br />

commitment to honor drafts and documents presented in<br />

accordance with the terms <strong>of</strong> the credit. Thus, the<br />

beneficiary has the unconditional assurance that, if the<br />

issuing bank refuses to honor the draft against the credit,<br />

the confirming bank will pay (or accept) it. In many<br />

instances, the seller (exporter) may ask that the letter <strong>of</strong><br />

credit be confirmed by another bank when the seller is not<br />

familiar with the foreign issuing bank or as a precaution<br />

against unfavorable exchange regulations, foreign currency<br />

shortages, political upheavals, or other situations.<br />

Letter <strong>of</strong> Credit - Deferred Payment – A letter <strong>of</strong> credit<br />

under which the seller’s draft specifies that the draft is<br />

payable at a later date, for example, 90 days after the bill<strong>of</strong>-lading<br />

date or 90 days after presentation <strong>of</strong> the<br />

documents.<br />

Letter <strong>of</strong> Credit - Export – A letter <strong>of</strong> credit opened by a<br />

bank, arising from the financing <strong>of</strong> exports from a country.<br />

The issuing bank may request another bank to confirm or<br />

advise the credit to the beneficiary. If confirmed, the credit<br />

becomes a confirmed letter <strong>of</strong> credit, and, if advised, it<br />

becomes an advised (unconfirmed) letter <strong>of</strong> credit.<br />

Letter <strong>of</strong> Credit - Guarantee – A letter <strong>of</strong> credit<br />

guaranteed by the customer (applicant) and <strong>of</strong>ten backed<br />

by collateral security. In domestic banks, the payment <strong>of</strong><br />

drafts drawn under this credit is recorded in the general<br />

ledger asset account “Customer Liability – Drafts Paid<br />

under Guaranteed L/C.”<br />

Letter <strong>of</strong> Credit - Import – A letter <strong>of</strong> credit issued by a<br />

bank on behalf <strong>of</strong> a customer who is importing<br />

merchandise into a country. Issuance <strong>of</strong> an import letter <strong>of</strong><br />

credit carries a definite commitment by the bank to honor<br />

the beneficiary’s drawings under the credit.<br />

Letter <strong>of</strong> Credit - Irrevocable – A letter <strong>of</strong> credit that<br />

cannot be modified or revoked without the customer’s<br />

consent or that cannot be modified or revoked without the<br />

beneficiary’s consent.<br />

Letter <strong>of</strong> Credit - Negotiation – A letter <strong>of</strong> credit<br />

requiring negotiation (usually in the locality <strong>of</strong> the<br />

beneficiary) on or before the expiration date. The<br />

engagement clause to honor drafts is in favor <strong>of</strong> the<br />

drawers, endorsers, or bona fide holders.<br />

DSC <strong>Risk</strong> <strong>Management</strong> <strong>Manual</strong> <strong>of</strong> <strong>Examination</strong> <strong>Policies</strong> 11.1-41 International Banking (12-04)<br />

Federal Deposit Insurance Corporation

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