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Export Letter of Credit Processing Guide

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100% found this document useful (1 vote)
135 views7 pages

Export Letter of Credit Processing Guide

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as XLS, PDF, TXT or read online on Scribd

Letter of Credit (Export Documents Processing)

All information is required unless stated.


Date: / / ###
1 Your company details
Company name Contact person for all queries and instructions ###

Reference number (eg. invoice number) Contact number Fax number

2 Letter of credit (LC) details


LC number LC issue date

Issuing bank name LC advising number } Only if OCBC advised the LC


LA
Issuing bank's address
Currency Amount to be drawn
}

Tenor } Select one


Sight } eg. from shipping date/after sight
Term day(s)
3 LC amendment details } Select one 8 Documents you have attached
No amendments } Please enclose additional copies of the
documents below for our processing. There will
You accept all amendments except: be USD10 handling fee if extra copies are not
Rejected amendment numbers (if any) presented.
4 Should we check the document } Select one Documents No. of documents
Do not check the documents Original LC
Forward them to the issuing bank for approval by courier in one lot LC amendment(s)
Check all documents Invoice
If documents do not fulfill LC conditions: Draft (bill of exchange)
Notify contact person and send all documents to issuing bank for approval. Original Bill of Lading
Send SWIFT message to issuing bank for authority to honor or negotiate Non negotiable Bill of Lading
despite descrepancies. Vessel IMO in 7 digits (if any)
If LC is restricted to another bank, forward the documents to the designated Air Waybill
bank. Delivery order
5 When should we pay you the proceeds? } Select one Weight list
When the funds are received Packing list
In advance (subject to bank's approval) Isurance policy/cert
} If LC tenor is term, funds will be advanced after issuing bank accepts the Certificate of quantity
document. Certificate of quality
6 What should we do with the proceeds? } Select one or more Certificate of origin
Deposit them into this account Beneficiary certificate
} Account number Inspection certificate

Use them to repay outstanding loans/bills 9 Authorised signature(s)


} Reference numbers (eg. IB/IC/LC/TR5TF xxxx xxxx) By signing this application, you confirm that you
have read, understood and agree to be bound by
the Terms & Conditions for LC (Export Documents
Convert them using foreign exchange (FX) Processing) as stated on [Link].
At the bank's prevailing exchange rate
You authorise us to charge all bank charges to your
Use FX contract account.
Rate Dealer name FX contract no. } optional

7 Any additional instructions Signature(s)

For bank's use


Signature verified by Input by Reference number Approved by

[Link]:193200032W Singapore GTF/LC(ExpDocProcessing)/1124/03


What to do next Trade hotline number: 6318 7777
OCBC Centre South OCBC Tampines Centre 2
18 Church St #04-00, 31 Tampines Ave 4 #01-00
Singapore 049479 Singapore 529680
Mon - Fri : 9 am-6 pm Mon - Fri : 9 am-6 pm

Terms and Conditions for Letter of Credit (Export Documents Processing) (the "Agreement")
1. We (which term shall include our successors, permitted assigns and 7. Any handling of documents under the Letter of Credit (whether by
personal representatives) hereby undertake to provide the Bank with funds way of negotiation or otherwise) should be subject to the Uniform
to meet on demand alI drafts and/or documents Customs and Practice for Documentary Credits, ICC Publication No. 600
negotiated/paid/accepted/deferred payment undertaken by the Bank at our or such later version of the document in force at the time of our request
request which may be dishonoured on presentation for acceptance or which (“UCP”). Any bank to bank reimbursements shall be subject to the
may not be paid on sight or on the due date according to its tenor. The Uniform Rules for Bank to Bank Reimbursement under Documentary
Bank’s rights against us shall not be prejudiced owing to any such drafts Credits ICC Publication No. 725 (“the Uniform Rules for Bank to Bank
and/or documents not having been noted and/or protested in the event of Reimbursement under Documentary Credits”) or such later version of
dishonour by non-acceptance and/or non-payment and to reimburse the the document in force at the time of our request. In the event of any
Bank for all financing or payments made against documents of title or other inconsistency between the provisions of this Agreement and the
documents which may not have been duly taken up on presentation to the provisions of UCP or (as the case may be) the Uniform Rules for Bank to
confirming or issuing bank. Bank Reimbursement under Documentary Credits, the provisions of this
2. It is understood and agreed that for the purpose of presenting and/or Agreement shall prevail.
collecting any document, the Bank may forward the same to any agent of the 8. In the event that the Bank are requested by us to present drafts
Bank’s own selection, who may collect the document through one or more and/or documents under the Letter of Credit to the Issuing Bank, we
sub-agents selected by it or by any sub-agent; and the Bank’s liability is may further request that the proceeds under the Letter of Credit be
limited to due diligence in selecting those to whom the documents are advanced to us at any time before or on the banking day on which
forwarded by the Bank. The Bank may, however, without liability on its part, reimbursement is due to the Bank from the issuing or confirming bank.
forward any documents for presentation and/or collection directly to the In the event that such a request is made and acceded to, the Bank shall
issuing or confirming bank; and the Bank, or any collecting agent or sub- be entitled to advance to us such proceeds on or before the banking day
agent, may accept drafts in payment of any documents. The Bank shall not on which reimbursement is due to the Bank and thereby assume the
be responsible for loss of any kind due to the acts of negligence of any such rights under the Letter of Credit as a negotiating bank and charge us
agents or sub-agents or for loss in or through the mails or for any failure to negotiation commission and other fees as the Bank deems appropriate.
present, demand or collect; or protest or give notice of protest or dishonour 9. The Letter of Credit together with drafts, invoices, carriage
of any document. documents or other documents representing or relating to the Goods,
3. The Bank is under no duty or responsibility to check the drafts/documents and all other documents enclosed with the request which we have
enclosed herein unless the Bank agree to negotiate the said attached to our application for payment/ acceptance/ deferred
drafts/documents and, if the Bank do, we shall not hold the Bank responsible payment/ negotiation/ the Bank’s handling (hereinafter collectively
nor is the Bank’s right of recourse prejudiced in any way in the event that the referred to as “processing”) and the Goods represented by the said
documents are found by a court of law or tribunal to contain discrepancies or documents or financed by the Letter of Credit or to which the
in the event that any discrepancies are not identified by the Bank, its documents relate as well as any proceeds received under the Letter of
servants, employees or agent, whether or not as a result of a wilful or Credit pursuant to our request shall be pledged to or otherwise
negligent act or omission. encumbered as security in favour of the bank the Bank as continuing
4. We shall pay all interest and charges applicable to any processing which security for all sums in which we may from time to time be actually or
the Bank may undertake pursuant to our request at such rates and for such contingently indebted or liable to the Bank on any account. We agree to
periods as the Bank may from time to time determine. do such acts as may be necessary to perfect the Bank’s security in the
5. We also irrevocably and unconditionally undertake and agree that where Goods. Without prejudice to the Bank’s other rights herein, in the event
any goods and services tax or other taxes levies or charges whatsoever are that we are in default of payment of any amount due from us, the Bank
now or hereafter required imposed or enforced by law (including the Goods shall be entitled, without notice to ourselves, to sell the Goods or any
and Services Tax Act (Cap 117A)) or required to be paid on or in respect of part thereof by public auction or private contract (at the Bank’s sole
any monies (including fees payable to the Bank or its agent banks or any fees discretion) and apply the proceeds of sale in or towards payment of the
costs and expenses incurred by the Bank or its agent banks), they shall be principal and interest for which we are liable to the Bank; if the
borne by or chargeable to us and payable by us to the Bank on demand in proceeds of such sale do not fully cover any amount due to the Bank, we
addition to all other monies payable to the Bank and the Bank is entitled to shall pay the amount of the deficiency forthwith upon the Bank’s
debit any of our account with the Bank for payment of the Bank's demand. The security conferred herein shall be in addition to and shall
commission, expenses, costs (legal or otherwise) and agent charges if any not be in any way prejudiced or affected by any other security now or
together with such taxes under or in connection with or in respect of this hereafter held by the Bank nor shall such other security or any lien to
Agreement and the transactions contemplated thereunder. which the Bank may be otherwise entitled.
6. The Bank is authorised at its discretion to insure the Goods financed by the 10. Without prejudice to the other provisions in this Agreement, the
Bank hereunder naming itself as the loss payee with an insurer of its choice. Bank may sell all or part of the Goods represented by the
Furthermore, it is understood and agreed that neither the Bank nor any of its abovementioned documents or to which they relate in such manner
correspondents assume any responsibility for failure to procure any (whether by public auction, private treaty or otherwise) as the Bank
insurance or for the sufficiency or adequacy of any insurance obtained or for think fit if any one of the following events occurs:¬-
any delay in, or prohibition of, the conversion of the proceeds of any claims (a) on default of acceptance or payment upon presentation of drafts
recovered under such insurance, or for the failure to recover any loss and/or documents.
because of lack of exchange. Should any claim arise under any insurance the (b) on our failure to repay on demand any payment made by the Bank or
Bank is authorised to recover the full amount thereof, we agree to assign to other indebtedness of ours to the Bank (whether or not connected with
the Bank the policy or policies for that purpose and to take all necessary or arising from our request) together with all interest, commissions and
steps to effect such assignment. other charges in respect thereof.

[Link]:193200032W Singapore GTF/LC(ExpDocProcessing)/1124/03


(c) if and whenever the Bank consider it desirable having regard to the 16. Pursuant to any sanctions now and from time to time imposed by
market value of the goods that the goods should be sold whether or not any the United States of America, the European Union, the United Nations
contingent or other liability of ours to the Bank shall have actually matured. and/or any other regulatory or supervisory authority or body, the Bank
After deduction of any interest charges and commission to which the Bank is shall not examine, accept, reject, discount or otherwise handle or deal
entitled and expenses incurred by the sale, the Bank may apply the net with any documents, shipments, goods, payments and/or transactions
proceeds in payment of such advances or indebtedness or liability of ours to in connection therewith that may relate, whether directly or indirectly,
the Bank, with interest, and re-exchange expenses, with the balance, if any, is to any sanctioned countries, persons and/or parties. Accordingly, any
to be used at the Bank’s option to discharge any other outstanding liability presentation that may violate any of the aforesaid sanctions and/or
which we may have against the Bank and subject thereto to be accounted to applicable laws giving effect to the same may be rejected at the Bank’s
us. sole discretion without any liability whatsoever on the Bank’s part.
11. Without prejudice to any other terms and conditions herein, where, for Without prejudice to the generality of the foregoing, we accept that all
any reason whatsoever, whether with or without legal basis, payment of the transactions contemplated herein (including, without limitation, the
proceeds under the Letter of Credit or drafts is not received by the Bank from handling of documents under the Letter of Credit (whether by way of
or not made by the issuing or confirming bank when such payment is due or if negotiation or otherwise)) are subject to all Applicable Laws (defined
the issuing or confirming bank of the Letter of Credit seeks reimbursement of herein) and that we shall at all times comply with all Applicable Laws in
any payment made to the Bank thereunder and / or reject documents or connection with such transactions and we further represent and
drafts presented thereunder or if one or more of the documents presented warrant that (a) we and the Bank will not be in breach of any Applicable
under the Letter of Credit is forged or contains any misrepresentation or false Laws as a result of entering into and/or executing any of the
factual information known to us, any amount paid by the Bank to us pursuant transactions contemplated herein or taking any other action directly or
to such negotiation shall become immediately repayable to the Bank by us indirectly in connection with such transactions; and (b) we shall comply
and the Bank shall have full recourse against us in respect of such payment as with all applicable export laws, restrictions, and regulations of any
has been made to us earlier. Singapore or foreign agency or authority and will not export or re-
12. We hereby irrevocably and unconditionally undertake and agree to export, or allow or authorise the export or re-export of, any commodity,
indemnify the Bank, the Bank’s successors and assigns in full and at all times product, technology or other asset(s) pursuant to transaction(s) which
to keep the Bank, the Bank’s successors and assigns fully and completely form the subject matter of the Letter of Credit and/or any other
indemnified from and against all liability, claims, demands, actions, transaction contemplated herein in violation of any such laws,
proceedings, payments (including but not limited to payments under the restrictions or regulations. For the purpose of this Agreement: (i)
Letter of Credit), losses and expenses whatsoever including but not limited to “Applicable Laws” means, with respect to any person, any and all
legal costs as between solicitor and client which may be made or taken or applicable constitutions, treaties, conventions, statutes, laws, by-laws,
incurred or suffered by the Bank in connection with our request herein regulations, ordinances, codes, rules, rulings, judgments, rules of
including but not limited to those liabilities relating to or arising from any and common law, orders, decrees, awards, injunctions or any form of
all discrepancies that may exist between the documents as called for in the decisions, determinations or requirements of or made or issued by,
terms of the Letter of Credit and the documents enclosed with our governmental, statutory, regulatory, administrative, supervisory or
application, regardless of whether or not such discrepancies are identified or judicial authorities or bodies (including without limitation, any relevant
advised by the Bank. stock exchange or securities council) or any court, arbitrator or tribunal
13. In addition to any general lien, right of set-off or any other right to which with competent jurisdiction, regardless of jurisdiction, as amended or
the Bank may be entitled by law or contract, the Bank may at any time at the modified from time to time, and to which such person is subject,
Bank’s discretion and without notice to us earmark, debit, set off or transfer including without limitation such of the foregoing as relates to anti-
any sum or sums standing to the credit of our account from time to time money laundering and counter-financing of terrorism; (ii) words
(including but not limited to any fixed deposit account, notwithstanding that importing persons shall include firms, corporations, partnerships, sole
any deposit on such fixed deposit account has not matured or any of the proprietors, consortiums, societies, associations, business units and such
special conditions applicable to the deposit have not been satisfied) in or other organisations set up solely for business purposes; and (iii) any
towards payment or satisfaction of all sums due from us hereunder or for reference to a statute, statutory provision, law, by-laws, regulation, rule,
the amount of unaccepted or unpaid drafts or of advances against documents decree, directive, statutory instrument or order includes a reference to
of title or other documents for which we are liable to the Bank or any any amendment, modification, consolidation, replacement or re-
deficiency arising after realization of the Goods. Any and all currency enactment of it for the time being in force and all statutes, statutory
conversions shall be at the Bank’s prevailing foreign exchange rate unless provisions, laws, by-laws, regulations, rules, decrees, directives,
otherwise arranged beforehand. statutory instruments or orders made or issued pursuant to it.
14. Without prejudice to the generality of the other terms and conditions 17. We irrevocably consent to the disclosure by the Bank, the Bank’s
herein, where financing is provided to us against the Letter of Credit and officers, agents and overseas branches, in any manner howsoever, of
documents presented thereunder and/or drafts, pursuant to our application, any account information relating to us including but not limited to
we shall and do hereby assign unconditionally and irrevocably to the Bank all details of our facilities, the securities taken, our credit balances and
rights, interests, benefits, entitlements, debts, suits and choses in action as deposit with the Bank to (i) the Bank’s head office, any of the Bank’s
are due under the Letter of Credit and/or drafts and we irrevocably authorise representatives, documents checking and processing centres and
the Bank to give notice of such assignment to the issuing bank. We agree branch offices in any jurisdiction, affiliates, (ii) any regulatory or
that the Bank may commence any legal action or proceedings in our name or supervisory authority including fiscal authority in any jurisdiction, (iii)
in the Bank’s and our names jointly as instructed by the Bank if necessary any potential assignee of the Bank or any other participant in any of the
and that we would provide the Bank our full and diligent co-operation, Bank’s rights and/or obligations in relation to our facilities, (iv) any
including but not limited to the execution of any documents, affidavits and guarantors, third party pledgors or security providers and the Bank’s
powers of attorney, in any action or proceedings commenced (whether in our agents, independent contractors, and any of the entities referred to in
name or not) to enforce or obtain payment from the issuing or confirming Clause 17A, (v) any insurers with whom insurance cover is taken out in
bank whether pursuant to this assignment or otherwise. connection with our application, and (vi) any third party for use in
15. The Bank may at any time assign all or part of the Bank’s rights under this connection with the provision of Bank’s products or services.
Agreement. Without prejudice to any other right to disclose information This Clause 17 shall survive the termination of this Agreement.
under the Banking Act (Cap 19), the Bank may also disclose to any person to 17A. We agree that the Bank may, from time to time, delegate,
whom the Bank consider such information to be necessary or expedient, such subcontract, outsource or otherwise appoint its related corporations
information about us as the Bank shall consider appropriate (including but (together with the Bank, the “OCBC Group”) or any independent
not limited to particulars of our accounts with the Bank). contractor, agent or other person (including any intermediary or partner
bank) wheresoever located which provides any service (including
administration, information technology, payment, securities clearance,
credit investigation or debt collection service) or product to or on behalf
of any member of the OCBC Group (collectively, the “Third Party”) on
such terms as the Bank in its sole and absolute discretion deems fit
(including that such members of the OCBC Group or Third Party may
further delegate, subcontract, outsource or otherwise appoint any other
person) to perform: (i) any of its obligations under this Agreement
and/or (ii) various functions or operations in connection with the Bank's
business.

[Link]:193200032W Singapore GTF/LC(ExpDocProcessing)/1124/03


18. If there occurs in relation to the presentation under Letter of Credit /
negotiation of or advance against the Letter of Credit an extraordinary
event (as defined below), the Bank shall have the sole discretion to
receive payment under the Letter of Credit in any alternative currency at
such exchange rate as the Bank may determine in the Bank’s discretion.
Provided the Bank undertake such action in good faith, any such action
shall be binding on us who shall be liable for any additional loss, damages,
costs, charges and/or expenses incurred by the Bank. An “extraordinary
event” shall mean any event which the Bank believes to have a material
adverse effect, including any form of exchange control restriction or
requirement of whatsoever nature affecting the availability,
convertibility, credit or transfers of currencies or funds, any form of debt
or other moratorium on jurisdictions, individuals, or entities, any
devaluation, re-denomination or de-monetisation and/or any form of
restriction or requirement which in the Bank’s good faith opinion
adversely alters or changes the rights or obligations which the Bank
undertook when the Bank makes an advance pursuant to our application
under the presentation under Letter of Credit/ upon negotiation of the
Letter of Credit.
19. Each of the provisions of this Agreement shall be several and distinct
from one another. If any one or more of the provisions contained in this
Agreement shall be deemed invalid, unlawful or unenforceable in any
respect under any applicable law, the validity, legality and enforceability
of each of the remaining provisions contained herein shall not in any way
be affected, prejudiced or impaired thereby.
20. A person who is not a party to this Agreement has no right under the
Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of the
terms and conditions herein.
21. This Agreement shall be governed by and construed in accordance
with the laws of Singapore. We agree to submit to the non-exclusive
jurisdiction of the courts in Singapore in respect of any disputes arising
out of or in connection with this Agreement. Without prejudice to the
foregoing, we undertake not to commence proceedings or suits against
the Bank in the courts of any other jurisdiction. In the event of any
proceedings or suits commenced by us against the Bank, we agree that
Singapore Courts shall have exclusive jurisdiction in respect of any
disputes arising out of or in connection with this Agreement. We agree to
waive and do so waive any right vested on us by the laws of the
jurisdiction in which we carry on business to challenge the validity or
legality of any part of this provision.

[Link]:193200032W Singapore GTF/LC(ExpDocProcessing)/1124/03


Exchange for Singapore / /
USD
At
Pay this FIRST of Exchange (Second of same tenor and date being unpaid) to order of drawer , the sum of EUR

value received AUD


Drawn under Documentary Credit N :
DC Issuing Date :
Issued By :

To for

Authorised Signature(s) & Company's Stamp LKR


MYR
INDORSEMENT NOK
PAY TO THE ORDER OF OCBC BANK LTD. for

[Link].193200032W Authorised Signature(s) & Company's Stamp TWD


VND
Exchange for Singapore / /

At
Pay this SECOND of Exchange (First of same tenor and date being unpaid) to order of drawer , the sum of

value received
Drawn under Documentary Credit N :
DC Issuing Date :
Issued By :

To for

Authorised Signature(s) & Company's Stamp

INDORSEMENT
PAY TO THE ORDER OF OCBC BANK LTD. for

[Link].193200032W Authorised Signature(s) & Company's Stamp


To: Oversea-Chinese Banking Corporation Limited
Indemnity for Export Negotiation

Dear Sirs,

For }
drawn on

under LC number dated:


issued / confirmed b ("the Letter of Credit")

Documents presented under the Letter of Credit


} list the documents presented in the textbox below
Documents (No. of documents)

In consideration of your agreeing to negotiate/accept/pay/incur a deferred payment undertaking/advance/prepay (collectively,


‘negotiate’) documents presented under the Letter of Credit notwithstanding discrepancies between the documents presented
and the terms of the Letter of Credit, namely:

} list the discrepancies in the textbox below


Any and all discrepancies
and any other discrepancies whether or not the same be stated above, we hereby agree to indemnify you and hold you
harmless from and against all liabilities, losses, costs (including legal costs on a full indemnity basis), damages, interest, charges,
expenses, claims and demands whatsoever that may be incurred, sustained or paid by you or your agents by reason of or on
account of your having so negotiated the documents presented hereunder notwithstanding the discrepancies.

Such negotiation shall always be with full recourse to us should you not be reimbursed by the issuing or confirming bank for
any reason whatsoever.

We hereby assign to you all our rights under the Letter of Credit including any rights of suit against the issuing and/or
confirming bank and further confirm that you may name us as the sole plaintiff or as a co-plaintiff in any proceedings which you
may commence against any party to recover your losses. We shall take all steps considered by you to be necessary in any such
proceedings, including (without limitation) procuring the attendance of witnesses for meetings and hearings (including trials
and arbitration) as well as discovery of documents.

We shall endorse or procure to be endorsed in your favour or to your order all bills of lading and insurance policies pertaining
to the goods, the purchase of which is financed by the abovementioned Letter of Credit.

We hereby irrevocably instruct you to inform the issuing/confirming bank that you have negotiated the documents and we
undertake to fully waive any and all defences that may be available to us should you invoke your rights hereunder.

We hereby authorise you, your branches and correspondents to give the drawees such indemnity against all losses and
consequences arising from such discrepancies as may be required in order to obtain acceptance and/or payment of our
documents. We further agree to refund to you on demand the value of the above-mentioned documents including interest and
any charges in the event of the non-acceptance or non-payment thereof and we hereby undertake to hold you harmless and
indemnify you from and against all losses, costs, damages, interest, charges, expenses, claims and demands attributable to or
which you may incur or sustain by reason of or on account of your having so given such indemnity or indemnities or by reason
of or on account of any of your branches or correspondents having given such indemnity or indemnities at your request or
otherwise.
If we are more than one person, we confirm that our liabilities hereunder shall be joint and several.

This Indemnity shall be binding upon our executors, successors and permitted assigns.
In the event of any inconsistency between the provisions herein and those of UCP 600, the former shall always prevail and the
inconsistent provisions (or part thereof) of UCP 600 are deemed to be expressly excluded.

A person who is not a party to any agreement governed by this Indemnity for Export Negotiation has no right under the
Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of the terms and conditions herein.

This Indemnity shall be governed by and construed in accordance with the laws of the Republic of Singapore. We agree to
submit to the non-exclusive jurisdiction of the courts in Singapore in respect of any disputes arising out of or in connection with
this Agreement. Without prejudice to the foregoing, we undertake not to commence proceedings or suits against the Bank in
the courts of any other jurisdiction. In the event of any proceedings or suits commenced by us against the Bank, we agree that
Singapore Courts shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with this Agreement.
We agree to waive and do so waive any right vested on us by the laws of the jurisdiction in which we carry on business to
challenge the validity or legality of any part of this provision.

Yours faithfully,
Signature(s) and company stamp (if any)

Date: / /

GTF/NGIndem/0623/02

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