Trade Information

Bank Payment Obligation

The latest information from SWIFT regarding banks and corporates adopting the Bank Payment Obligation as a method of settlement is given below.

 BPO Market Adoption - April2015.pdf 

ICC Documents

There are often questions raised as to whether a credit issued by a non-bank financial institution may be made subject to UCP 600. In 2002, the ICC tackled this topic by issuing an Opinion under reference R505 (TA537). Until this day, and due to the importance of its contents, it is the only Opinion that can be found published on the ICC's website. The content of the Opinion can be found at the following link: 

http://www.iccwbo.org/Advocacy-Codes-and-Rules/Document-centre/2002/When-a-non-bank-issues-a-letter-of-credit/

 

ICC Surveys: Rethinking Trade Finance 2009-2014

In February 2009, the ICC commissioned a global survey to obtain reliable quantitative and qualitative data on the impact of current market conditions at that time on the delivery of trade finance, and an outline of future expectations for the marketplace.

The 2009 survey questions targetted trends occurring in trade finance operations in banks between Q4 2007 and Q4 2008, to highlight the impact of the credit crisis of 2008/2009.

Pascal Lamy, Director-General of the World Trade Organization commented in the 2009 survey "The ICC has been instrumental in mobilizing the international community by completing its Global Survey on Trade Finance, and delivering strong recommendations ahead of the London G20 Summit."

Each of the 2009, 2010, 2011, 2012, 2013 and 2014 surveys can be downloaded from the following link http://www.iccwbo.org/Products-and-Services/Trade-facilitation/ICC-Global-Survey-on-Trade-Finance/

Incoterms 2010

The revision of Incoterms 2000 was approved by the ICC's Commercial Law & Practice Commission with an implementation date of 1 January 2011. These rules are known as Incoterms 2010. The ICC has published three booklets covering the use of Incoterms: Incoterms 2010 (the rules themselves) in Publication No. 715, the ICC Guide to Incoterms 2010 in Publication No. 720 and an Incoterms 2010 Q&A in Publication No. 744.

International Standard Banking Practice (ISBP)

At the ICC Banking Commission held in Brussels in November 2009, it was agreed that the ICC would commence a revision of ISBP. When the content of the ISBP was last changed (2007) it was to coincide with the implementation of UCP 600 and reflected textual changes to match those in UCP 600 and the removal of two paragraphs where the practices were changed by the content of UCP 600 (1. that the date of dispatch shown in a notation on an air waybill will be considered to be the date of shipment, even if not called for in the credit (sub-article 23 (a) (iii)) and 2.  that exclusion clauses appearing on insurance documents will be acceptable (sub-article 28 (i)).

On 17 April 2013, the ICC Banking Commission approved the final draft of the ISBP and it has been published under ICC Publication No. 745.

Requesting an official Opinion from the ICC

February 2015 - ICC released an updated document relating to the process to be followed when requesting an ICC Opinion. ICC Opinions may now be requested in relation to transactions subject to URF (Uniform Rules for Forfaiting) and URBPO (Uniform Rules for Bank Payment Obligations). For details Opinion Handling Procedure and Terms of Reference.pdf 

URDG 758

The final draft of the URDG 758 was approved by the ICC Banking Commission on 24 November 2009. The following day, the ICC's Commercial Law and Practice Commission also conveyed their agreement to the final text. The rules came into effect on 1 July 2010.

Recent News

ICC release Incoterms 2020 11/09/2019

On 10 September, the ICC officially released the new version of Incoterms (to be known as Incoterms 2020)...more

BAFT release guidance paper relating to the use of automatic extension clauses 27/06/2019

BAFT (Bankers Association for Finance and Trade) has released a guidance paper relating to the use of auto-extension clauses in standby letters of credit and demand guarantees...more

Latest Question

I refer to UCP 600 sub-article 7 (c) which indicates that "An issuing bank undertakes to reimburse a nominated bank that honoured or negotiated a complying presentaation ….." My interpretation of this article is the following: If a nominated bank honours or negotiates a complying presentation and duly forwards the documents to the issuing bank, the issuing bank takes the firm commitment to pay the nominated bank even if the seller-beneficiary of the L/C has previously issued an assignment of proceeds in favour of a third party and that this assignment of proceeds has been accepted by the issuing bank and notified to the third party. I would say that in such a situation, the nominated bank has no need to request any assignment of proceeds as there is a direct firm commitment from the issuing bank to pay them. 1) Do you agree with me ? 2) If the beneficiary of the L/C has issued an assignment of proceeds in favour of a third party, and this assignment has been accepted by the issuing bank, will the issuing bank pay this third party whereas it has already paid the nominated bank? (normally according to sib-article 7 (c) "the issuing bank undertaking to reimburse the nominated bank is independent of the issuing bank undertaking to the beneficiary". Let me have your advice. 3) If we consider the same situation, but we suppose that the bank which negotiates or honours a complying presentation is not a nominated bank, then there is no direct undertaking to pay that bank, which means that the bank has every interest to obtain an assignment of proceeds from the beneficiary of the L/C otherwise if an assigment of proceeds has been made by the beneficiary of the L/C in favour of somebody else, the negotiating bank will not be paid by the issuing bank. Do you agree with me?