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FINANCIAL INSTRUMENTS
We accept
only Financial Instruments that conform to
UCP500
Documentary Letters of
Credit*
A Documentary Letter of Credit is
a guarantee of payment given by a Bank (issuing Bank) at the
request of the Importer to pay the Exporter provided that the
terms and conditions of the Letter of Credit are complied
with.
It is one of the most secure
methods of payment in International Trade.
If you are an Importer you will be
anxious to receive the goods you have ordered and would prefer
not to pay for them until they are dispatched.
If you are an Exporter you will
want to ensure that you receive payment for the goods you are
selling. You also have the comfort of having pre-shipment
protection.
From the point of view of both
parties, the Documentary Letter of Credit is the best way to
address this.
The ISSUING BANK issues the Letter
of Credit and acts on behalf of the Importer. The Issuing Bank
requests the ADVISING BANK (usually in the country of the
exporter) to inform the Exporter that the Letter of Credit has
been issued.
The Advising Bank may be able to
provide extra security to the exporter by adding its own
guarantee to that of the Issuing Bank. This is called
CONFIRMATION.
The Documentary Letter of Credit
operates as follows:
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Importer
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The buyer completes application and applies to his
bank to issue the Credit (DLC) |
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Issuing Bank |
Opens the credit and sends it to the Exporter's Bank
(Advising Bank) |
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Advising Bank |
Advises the seller of the credit and its terms
(without any obligation on his part) |
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Exporter |
The seller, in whose favour the credit
operates |
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Confirming Bank |
Normally the same as the Advising Bank (i.e. adds
their own Guarantee to that of the issuing Bank to
pay) |
The Exporter ships the goods, prepares the documents called
for under the Letter of Credit and presents them to the
Advising Bank.
The documents are checked by the Advising Bank and sent to
the Issuing Bank. Provided they are in strict compliance with
the terms of the Letter of Credit the Importer collects the
documentation from his bank to allow him clear his goods. The
Exporter is paid at sight/maturity.
Documentary Letters of Credit are issued subject to the
current Uniform Customs and Practice (UCP) for Documentary
Letters of Credit as issued by the International Chamber of
Commerce. There is no such Instrument within UCP as a
FFDLC.
Transferable Letter of
Credit*
A Transferable Letter of Credit is
normally used by a middle-man who is unable to supply the
goods himself. He transfers a portion of the Letter of Credit
received in his favour, for a lesser value to his suppliers.
The supplier may also require a guarantee of payment. The
difference between the two Letter of Credit values is the
middle-man’s profit margin. In transferring the Letter of
Credit, the middle-man transfers his right to perform under
the Letter of Credit to his supplier. Where the middle-man is
buying from more than one supplier, he may transfer an
appropriate part of the Letter of Credit to each of his
suppliers. A Letter of Credit must be designated Irrevocable
and Transferable and requires the agreement of the
middle-man’s Bank to transfer same. The Uniform Customs and
Practice issued by the International Chamber of Commerce
details the terms under which Banks may effect a transfer.
Standby Letters of
Credit*
The Standby Letter of Credit is
used as an alternative to the Bond or Guarantee or Documentary
Letter of Credit. It serves to secure payment in the event of
non-performance of contract terms. It is governed by the
Uniform Customs and Practice for Documentary Credits. It
avoids the need for multiple documents. The Standby Letter of
Credit is best suited where goods or services are not supplied
as contracted or where the beneficiary claims non-performance
of contract. Declaration by the beneficiary together with the
sight drafts are the only documents normally required. Standby
Letters of Credit (SLCs) are always used in the USA, where
bonds and guarantees are not acceptable.
Bonds and
Guarantees*
The purpose of the Bond or
Guarantee is to provide an independent and undoubted
undertaking to pay should the Buyer fail to honour his
obligation. These instruments (as they are called) differ from
Documentary Letters of Credit in that generally, little or no
documentation is required other than the "Demand" itself. It
is important to remember that a Bond or Guarantee is a
separate contract to the commercial contract between the buyer
and the seller, which requires the Bank to immediately pay a
correctly presented claim, irrespective of disagreements
connected with the commercial contract. The only reasons for a
Bank not making payment immediately would be if the Bank
suspected fraud or if it was forbidden to make payment by High
Court injunction.
NB: These instruments are generally used
between trusting parties who have
been successfully transacting business for some time with an
undoubted party.
The parties involved: The main
parties involved in guarantees and bonds in international
trade are:
- The Supplier (otherwise known
as the seller or exporter) who provides the goods or
services and is normally the Beneficiary of the Guarantee or
the Bond
- The Buyer (or Importer) is the
Applicant for the guarantee
- The Bank that issues the
Guarantee or Bond in favour of the beneficiary by order of
the supplier is known as the Guarantor.
Documentary
Collections*
Documentary Collections are an
international (and domestic) payments service offered by banks
through which an exporter in one country may obtain payment
from an importer in another country through the banking
channels. This is an agreement whereby the goods are shipped
and the relevant documents are sent by the seller’s bank, or
using the Bank’s Export Express service, by the seller
themselves, to the buyer’s bank for payment at sight or at
some specified future date. A Documentary collection consists
of a collection schedule with relevant documents attached. A
Bill of Exchange may also be included. The exporter instructs
his bank to use these documents to obtain payment from the
importer via the importer’s bank.
A brief summary of how it works:
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Exporter
|
Completes documentation e.g. Invoice, Packing Lists
etc. Dispatches goods abroad and obtains shipping
documents. Sends all documents with his instructions
to his Bank. |
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Exporter’s Bank |
Sends documents to Importer’s Bank |
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Importer’s Bank |
Advises Importer of arrival of
documents. |
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Importer |
Obtains all documents on
payment Or Acceptance of a Bill
of Exchange. (Note: an acceptance
is a promise to pay and not a guarantee of
payment). Uses documents to obtain
goods. |
Bill Discounting*
Discounting is a method whereby
you can turn a credit transaction into a cash transaction and
yet, at the same time, you as the exporter can offer extended
facilities to your client, the buyer. Discounting can be done
with or without recourse to you the seller. * Credit criteria
terms and conditions apply.
"Secrets to Protecting
your Investment"
Whether you're an Investor, Broker, Banker, Lawyer,
Accountant or involved in the Financial Services Arena, you
will have come across Financial Instruments. Over the last few
years there have been many types of schemes promising High
Yield returns with little or no risk. Now at last you will see
the truth behind the Fraudsters smoke and mirror tricks. "Preventing Financial Instrument
Fraud", was prepared by the ICC Commercial Crime
Services, the anti-crime arm of the International Chamber of
Commerce. This unique reference guide uncovers the mysterious
world of High Yield Investment Programs (HYIP) and Financial
Products such as Letters of Credit, Bank Guarantees, CD's,
Safe-Keeping Receipts and more as used by Fraudsters.
Click here to Go to ORDER
Form
"Forewarned is
Forearmed"
"Individuals and companies must be able to invest and
do business with confidence wherever they see the opportunity.
The financial community, from international banks to small
investors, must be aware of the pitfalls, the telltale signs
that betray a fraud."
Maria Livanos
Cattaui Secretary General International Chamber of
Commerce
"Secrets the Fraudster
doesn’t want you to know"
The best way to understand how a Fraudster uses the
financial/banking system is to look at the scheme from their
viewpoint. You will learn about the following:
- From how the Fraudster chooses his/her victim to how
he/she sets up the investment program
- 7 things a Fraudster gets from your Bank Statement /
Proof of Funds
- Secure & Insecure Methods of having control or loss
of control of funds
- Commission structure to Brokers, which help the
Fraudster's goal.
- Use of Advisors including Bankers, Lawyers, Accountants,
Insurance Brokers, Traders
- 10 techniques the Fraudster uses to protect him/herself
against prosecution and imprisonment
- 10 questions the Fraudster doesn't want to hear you ask
when filtering out investment offers
Knowing these tricks and tips will save you time
and most of all,
your MONEY!
This unique reference book explains in simple language: the
history behind the scams; the psychology utilised; the
methods; the documentation; the jargon; the marketing
techniques; the money laundering processes and a number of
case studies showing the different approaches of the
fraud.
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ICC WARNING 'London Short Form 3034' -
ICC 3034 London, 11 April 2003
The ICC's Commercial Crime Bureau (CCB),
has warned banks and traders about the increasing
use of a fraudulent financial document called
'London Short Form 3034'.
"We have seen
similar frauds on many occasions over the years.
The 'London Short Form Guarantee', the 'ICC Format
3034 (London Short Form)' and 'ICC Format 3039
(London Long Term)' are other examples of similar
fraudulent documents." said Mr Chris Spillett, CCB
Information Analyst.
"London Short Form
3034' is merely the latest in a series of
derivations that fraudsters hope will confuse
banks and traders sufficiently to slip
through".
To read ICC warnings click the
following:
ICC Warning 'London Short Form 3034'
- 11 April 2003 ICC Warning SLC 3039/3032 - 22nd Feb
1993 ICC Warning 3039 -
1989/90 FED Warning - ICC 3034 / ICC 3039 -
October 21, 1993 ICC Non-Circumvention and Non
Disclosure Agreements (NCND Agreement) -
1993
Warning - Modified Insurance
Guarantee ICC 4081 Format - 10 June
2002 Warning - ICC 4081 & ICC 4082 -
29th October 2002
To read
Office of the Comptroller of the Currency (OCC)
warnings click the following:
OCC Alert - Feb 1980 - 'ICC Notes',
ICC-290, 322, 254 OCC Alert - October 9, 1981 -
Formats, Emissions &
Telex OCC Alert - December 8, 1983 -
Funding Sources OCC Alert - July 7, 1986 - Prime
Bank Promissory Notes OCC Alert - February 7, 1990 - Prime
Bank LC's + Programs OCC Alert - October 27, 1993 - Prime
Bank Instruments OCC Alert - November 22, 1993 - ICC
NCND Agreement OCC Alert - March 3, 1995 - Blocked
Funds Deposits OCC Alert - July 26, 1999 -
Fraudulent Investment
Programs OCC Alert - March 30, 2001 - Federal
Reserve Programs
To read
Federal Reserve Bank warnings - "The FED" click
the following:
FED - Prime Bank WARNING, May 20,
2002 / MTN Market FED - Fraudulent Federal Reserve
Note Schemes - July 2003 Federal Reserve does NOT license or
register traders - June 11,
1996
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"Money Laundering Tool"
The Financial Instrument Fraud (FIF) Model section
includes a Chart originally drafted by an undercover
law enforcement officer to explain the FIF scam. By analysing
this chart you are able to identify the methods used by
organised criminals to perpetuate the fraud. You learn how the
3 parts of Money Laundering are used in the Financial
Instrument Fraud:
- Placement
- Layering
- Integration
Every day the ICC Commercial Crime Bureau (CCB) receives
requests from around the world, to examine and authenticate
Financial Instruments. Now you will be able to compare the
genuine from the fake. The Specimen
Documents section helps you to identify fact from
fiction. Examples taken from the files of the ICC CCB explain
the incorrect and suspicious terms used in these Financial
Instruments compared with a real Financial Instrument. These
include:
- Genuine Letter of Credit compared to a Fake Letter of
Credit
- Genuine Stand-by Letter of Credit compared to a Fake
Stand-by Letter of Credit
- Genuine Guarantee issued by a Bank compared to a Fake
Prime Bank Guarantee (PBG)
- Other pages detail errors and "red flags" in Fake Certificates of
Deposit, Non-Existent NCND Agreement, Fake Safe-Keeping
Receipt, Fake Proof of Funds Letter, Fake Letter of Intent,
Fake Promissory Note, Non-Existent Modified Form ICC No.
4081 and the Fake London Short Form
Guarantee.
Examples from Preventing Financial
Instrument Fraud:
To see an example of a Genuine Letter of Credit
CLICK HERE
To see an example of a Fake Letter of Credit
CLICK HERE
"Offering nothing for something to people who
want something for nothing"
There are many Common Terms and
Phrases used in Financial Instrument Fraud. A
checklist of more than 120 of these are included in a special
Glossary section. Terms such as Collateral House, Fresh Cut
Paper, Grand Master, Master Collateral Commitment, Prime Bank
Trading. The inclusion of these "red flags" in an investment
contract may start an investigation proceeding by a regulatory
agency such as the SEC, FSA, or State Securities Agencies.
From USA & Canada to Europe & the Pacific Rim
fraudulent schemes have proliferated. 20 Case reports show the
different way and means of parting victims from their money.
Reports include:
- Forged Bank
Guarantees, Bank Debenture Programs, Advance Fee Fraud,
Certificate of Deposit Fraud, Treasury Bill Leasing, Medium
Term Notes Fraud, Prime Bank Trading & High Yield
Investment Programs (HYIP)
A UK Law report further details a bank's dilemma when
caught in a suspected Financial Instrument Fraud (FIF).
Over the last few years articles have appeared to try to
explain and promote the existence of Bank Trading Programs. In
Hooking Victims, one such article is reproduced. You
are shown how some historical factual information has been
weaved with incorrect statements to portray a scheme that is
hugely profitable as well as "risk free". Comments have been
added to show the inaccuracies and nonsense in the Fraudster's
handiwork.
By referring to the Resources & Contacts
section you will save hours of your research time.
Besides addresses and contact numbers you
are given the weblinks so you can see what the SEC, US
Treasury, Federal Reserve, IMF, OCC, World Bank, Met Police
and others really say about these scams. Other links show you
where to report your scam including USA, CANADA, Europe,
Australia, and New Zealand.
In the unfortunate event of being involved in a Financial
Instrument Fraud, the Guide to Compiling Information
section shows you the 6 key words, which will help
clarify your thoughts. These key words will help when
reporting your fraudulent scheme to the appropriate
authorities.
You will also learn that these schemes are not new.
The Background to Financial Instrument
Fraud tells you about Gregor I,
Cazique of Poyais a/k/a Gregor Mac Gregor, 1786-1845, the
earliest uncovered history of the invention of a country in
selling fraudulent financial instruments to the public. Also
mentioned is Charles Ponzi, regarded as the "father" of modern
fraudulent financial frauds.
Who needs this unique book? Investors,
investment advisors, stockbrokers, accountants, CPA's,
lawyers, bankers, life insurance agents, financial advisors,
business owners, regulators, law enforcement as well as anyone
who would like to inform themselves of this mysterious
subject.
The ICC as a service to the business community is offering
this book directly to you at £65 + £5 shipping and handling.
Buy NOW and receive the following:
BONUS 1 - FREE 1 month
subscription to the current version of Commercial Crime
International - "Alerting business to threats from fraud and
corporate crime"
Topics have included Banking, Counterfeiting, Commerce,
Cyber/Computercrime, Maritime, Money Laundering, Organised
Crime, Fraudsters.
Emailed to you when you order your copy. Essential reading
every month!
BONUS 2 - When you become a member of the
ICC Commercial Crime Bureau (CCB) you will be entitled to a 5%
discount on your first year's membership
Becoming an ASSOCIATE
member of the ICC-CCB entitles you to the following:
- Monthly CCB Associates' Newsletter
- Monthly Commercial Crime International e-Journal
- Monthly Cybercrime e-Bulletin
- Bespoke specialist investigation services
Becoming a MAIN member
(Restricted to Financial sector companies, Law Enforcement
& Regulators) of the ICC-CCB entitles you, in addition to
the above, the following:
- Exclusive access to the CCB Database Search which
contains over 140,000 names of individuals and companies and
the modus operandi of FIFs
- Monthly CCB Confidential e-Bulletin
- Verification of any Financial Instrument
- Assistance from members, represented in 75 countries
- Fast Personal Response within 24 hours, every day except
weekends.
FOR MORE DETAILS of ICC Membership CLICK
HERE
Preventing Financial Instrument Fraud (128 pages
American A4) sells for £65 + £5 shipping and handling and may
be ordered DIRECT from one of our friendly Customer
Services Representatives.
Fax: +44(0) 20 8594 2833
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© ICC CCS 2002/03/04
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