Case 1
A credit opening bank filed shipping documents of a credit on May 22, but since there were a discrepancy, the bank requested to the seller to fix the problem but no response, so on May 30, the bank sent the payment rejection to a negotiating bank. But the negotiating bank institute a law suit for the payment declaring the expiration date of the shipping document's accepting period.
Case study
1. The examination period for the shipping documents
For the opening bank's shipping documents examination period, the U.C.P. indicates, if a opening bank decided to reject the documents, they should immediately by using prompt means of method in sending rejection notification within seven banking days from the date the document was received (The Sub-Article 14(d-i) of U.C.P.). Accordingly, the seventh day would be May 29th starting from May 23rd and since May 24th is Sunday, the documents should arrived to the other party by May 30th. But it was sent on May 30th by a telegram meaning it will get to arrive on June 1 but it is Sunday again so at last, it will arrive by June 2nd.
2. The payment rejection of the other party
If the payment rejection of the other party received the documents through a bank, he/she should notify to the bank and if received personally from the beneficiary, the payment rejection must be notified to the beneficiary. (The Sub-Article 14(d-i) of U.C.P.).
Case 2
A opening bank rejected to meet payment declaring the unit price on the commercial invoice dated August 5th is not consisting with the credit terms amendment dated May 14th and the number on the Master L/C of the original B/L as well as Bank to Bank L/C are left out. The negotiating bank submitted after entirely completing the discrepancy before the expatriation date send notification rejecting the payment but the opening bank sent payment rejection notification declaring that the credit number is missing on the inspection and product of origin certificates. Accordingly, the negotiating bank insisted that the rejection is against the No. 14 clause of U.C.P. creating a dispute.
Case study
1. Indicating discrepancy when payment is rejected
According to the U.C.P.,, the opening bank is required to indicate all the list of discrepancy for the payment rejection. (The Sub-Article 14(d-jj) of U.C.P.) That is, the opening bank is to indicate entire list of discrepancy at one time in the unpaid notice and prohibited to make additional discrepancy notice. (I.C.C. pub 459. case No.52)
2. Additional discrepancy notice after the discrepancy have been complemented
A opening is responsible to make payment if a negotiating bank complement the discrepancy when the discrepancy was notified and received within the credit's documents valid period. At this time, hostility about other discrepancy by a opening bank is not acceptable. (I.C.C. pub 459. case No.53)
3. Complementing after the expiration date of the presenting time
A negotiating bank has right to complement the discrepancy for request however, it is acceptable if completed within the validated period of the documents presenting time against a credit. If the presenting period is overdue, a opening bank may reject the payment for the expiration of presentation time. (I.C.C. pub 459. case No.53)
Case 3
A opening bank rejected the payment declaring the discrepancy and sent only the two original B/L and other orignal copies of documents. The other original B/L was never sent. Debtor already cleared the custom using directly sent original B/L and ran away, so the other original B/L couldn't be sent back. As of a result, a original bank rejected the payment insisting on the other 3 original B/L and created dispute.
Case study
1. Return documents when payment is rejected
According to the U.C.P., if a opening bank or a confirming bank decided to reject document acceptance, the banks should either process it right to dispose or reserve under the control of the suggester or send them back. If not possible to send the documents back, payments can not be rejected. (The Sub-Article 14(e) of U.C.P. 500) However, a opening bank has absolutely no responsibility to the documents never presented to the bank and when a document is directly sent to a seller. (I.C.C. pub 459. case No.55)
2. Consignee of original B/L
If a consignee of the original B/L is a debtor, the debtor with the directly received documents may process customer clear directly at a custom instead of going through a bank. On the other hand, if a consignee is appointed to a named order, it must be processed through a opening bank, obtain assignment and endorsement to clear custom. If a shipper neglect this order, and the consignee offer products to the seller with a document belong to a opening bank, the consignee is responsible to the opening bank.
3. Custom cancellation after products are cleared
There is a problem if it is possible for a consignee to obtain original B/L and reject the payment after products are cleared from a custom because the products are bad. The opening bank seems to be willing to accept documents if a custom clear was done after the documents and original B/L was delivered to the debtor, therefore, the opening bank shouldn't reject the payment.
Case 4
A debtor "U" opened a credit, obtained L/G and cleared imported cargo. Upon inspecting the goods, the quality was poor and the price went down on the imported cargo. Upon arrival of the orignal documents, the debtor rejected to meet payment declaring delay of shipping and document presenting. But the negotiating bank found out of the customer clear on the products, insisting it can not be the reasonable cause for payment rejection creating dispute.
Case study
1. Payment rejection based on the U.C.P.
According to the Sub-Article 14(b) of U.C.P.,in order for a opening bank to reject payment,
First, they must promptly reject within seven banking days from the date a document was received,
Second, they need to indicate entire inconsistency of the documents and the credit for the payment rejection and
Third, either declare to send back the documents or indicate whereabout of the documents or whether to put under the right to dispose or reserve.
2. Payment rejection after L/G is issued
There is no clear statement in the U.C.P. as to if a payment rejection after L/G is issued. But inferencing according to the Sub-Article 14(b) of U.C.P., the payment can not be rejected if custom is cleared after L/G is issued because the original B/L can not be returned. However there is a concern if cancelation is possible after inspecting the goods and return the orignal documents. But the term was to accept entire discrepancy of the document when acquiring it therefore, even in the payment rejecting period, the payment can not be rejected.
3. L/C agreement
According to the definite promise of the L/C it states, "Regardless of any discrepancy to the credit terms, I'll accept the documents regarding imported cargo" therefore, based on the agreement, the debtor may not request payment rejection to a opening bank when L/G is issued.
|