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Claim . Unpaid Cases Home > Helper
19-Bank to Bank Reimbursement Arrangement.

Case 1
Credit is freely negotiating credit and a "S" bank was appointed as a negotiating bank possible to request reimburse. Due to late manufacturing of products, the shipping was made after the valid expiration date of the credit shipping term. The related shipping documents are prepared and sent to Y bank for L/G NEGO. The shipping document was sent to the opening bank and request payment to S bank which is reimburse bank. The payment was remitted immediately but the opening bank notified payment rejection due to discrepancy and a request was made to return reimbursement.

Case study
1. Document inspection of reimbursing bank
According to the U.C.P., the opening bank is not to request consistent certificates to the negotiating bank and reimbursing bank. (The Sub-Article 19(b) of U.C.P. 500)

2. Responsibility on discrepancy documents of reimbursing bank
The reimbursing bank is responsible to reimburse payment to the credit to the opening bank according to the Authorization to Reimburse. And the reimburse bank should review and make payment if the details of reimbursement request of Authorization to Reimburse is consistent to the credit when there is a request from the negotiating bank or the paying bank. Since the shipping document and the credit is not presented to the reimbursing bank, the discrepancy possibility in document can not be reviewed. In concert with, the I.C.C. instituted and proclaimed Bank to Bank Reimbursement according to the U.C.P states,
"The reimbursing bank has no responsibility even if failed to notice the discrepancy indication in the reimbursement request and may disregard such regulation" (The Sub-Article 11(e) of U.R.R. 525)

Caution
A negotiating bank shouldn't regard the payment as a payment that was made as final just be a reimbursing bank made a payment, and if the opening bank notified of a payment rejection within the seven banking days, it is reasonable to return the reimbursement. Along with this, the Sub-Article 14(d-iii) states "the negotiating bank should returned the reimbursement upon opening bank's payment rejection notification".

Case 1
On the special terms of the recourse credit, it states that all the bank expenses arisen from abroad is a beneficiary's burden. But the reimbursing bank paid after 20 days of payment request declaring debtor's dishonor. The negotiating bank requested interest for delaying to the opening bank but the bank reject to make payment declaring that it is the beneficiary's burden.

Case study
1. Reimbursement delay interest payment
Even if the recourse credit states that "All bank charges abroad are on account of beneficiary" , it is not reasonable to request delaying interest to the beneficiary that arisen from bank to bank. Because the problem occurred during business affairs between the banks and it is not a problem with documents. Therefore, the beneficiary is free of burden.

2. compensation for debtor about delay compensation
There is a concern if a opening bank compensate reimbursing bank of the reimburse delay interest and request it to a debtor. According to the Article 18 of U.C.P., a opening bank is on risk and expense of a applicant for the services rendered by other banks, and on the contract agreement, it states that the indemnity for day is due upon a bank's request as long as the problem is not the bank's mistake. Therefore, the bank may not request payment to debtor when a reimbursing bank is at the fault but otherwise, request can be made to the debtor.


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