5. Identifying Risks in Cross-Border Sales Slow payment/default Bankruptcy Contract repudiation Contract dispute Abusive bond drawing Financing risk Contract risk Commercial risk Foreign exchange control legislation Discharge of debt legislation Government repudiation of debt Payment moratorium Insurrection/overthrow/domestic turmoil Non-payment due to war Non-payment due to natural disasters Country risk Political risk Currency inconvertibility Transfer/economic risk
6. Identifying Risks in Cross-Border Sales Slow payment/default Bankruptcy Contract repudiation Contract dispute Abusive bond drawing Financing risk Contract risk Commercial risk Foreign exchange control legislation Discharge of debt legislation Government repudiation of debt Payment moratorium Insurrection/overthrow/domestic turmoil Non-payment due to war Non-payment due to natural disasters Country risk Political risk Currency fluctuation/devaluation FX risk Currency inconvertibility Transfer/economic risk
14. How Letters of Credit Work: Theory Buyer Seller Contract Buyer’s Bank Letter of Credit Application
15. How Letters of Credit Work: Theory Buyer Seller Contract Buyer’s Bank Letter of Credit Application Letter of Credit
16. How Letters of Credit Work: Theory Buyer Buyer’s Bank Seller Contract Letter of Credit Application Letter of Credit 3 parties 3 independent contracts
17. How Letters of Credit Work: Theory Buyer Buyer’s Bank Seller Contract Letter of Credit Application Letter of Credit Principles of Letters of Credit: Independent and Documentary Goods Documents
18. How Letters of Credit Work: Theory Buyer Buyer’s Bank Seller Contract Letter of Credit Application Documents Letter of Credit Goods Payment
19. How Letters of Credit Work: Theory Buyer Buyer’s Bank Seller Contract Letter of Credit Application Documents Letter of Credit Goods Documents Payment Debit
20. How Letters of Credit Work: Theory Buyer Buyer’s Bank Seller Contract Letter of Credit Application Documents Documents Payment Debit Letter of Credit Goods
21. How Letters of Credit Work: Reality Foreign Buyer Buyer’s Bank Advising Bank Seller’s Bank Seller Negotiating Bank Freight Forwarder Reimbursing Bank Contract L/C Appli-cation Docu-ments L/C L/C L/C L/C & Documents Documents Payment Payment Reimbursement Authorization Reimbursement Goods Goods Reimbursement Claim Debit
22. Risk Mitigation Techniques 7. A receivable in a foreign currency made be sold, including the remaining currency fluctuation risk. 8. FX exposure depends on the currency of the credit.
23. Risk Mitigation Techniques 1. It may be possible for the applicant to obtain a court injunction to stop payment of a non-negotiable L/C.
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26. How Letters of Credit Work: Theory Buyer Buyer’s Bank Seller Contract Letter of Credit Application Documents Documents Debit Letter of Credit Goods Payment
27. How Confirmed Letters of Credit Work Buyer Seller Docu-ments Pay- ment Goods Contract Confirming Bank L/C L/C Debit Documents Payment Buyer’s Bank L/C Appli-cation Docu-ments
32. How Commercial Letters of Credit Work Seller Buyer Negotiating Bank Docu-ments Goods Contract Debit Documents Payment Pay- ment Buyer’s Bank L/C Appli-cation L/C Advising Bank L/C Docu-ments
41. How Letters of Credit Work: Theory Buyer Buyer’s Bank Seller Contract Letter of Credit Application Documents Documents Payment Debit Letter of Credit Goods
42. How Standby Letters of Credit Work Applicant Applicant’s Bank Beneficiary Contract Letter of Credit Application Letter of Credit Payment
43. How Standby Letters of Credit Work Applicant Applicant’s Bank Beneficiary Contract Letter of Credit Application Letter of Credit Documents Documents Payment Debit
44. Risk Mitigation Techniques 2. Preferential payment risk exists unless the standby is properly worded. 3. Country risks are covered if the L/C is confirmed by a “developed-world” bank. [7. A receivable in a foreign currency made be sold, including the remaining currency fluctuation risk.]
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46. Standby L/Cs vs. Guarantees & Bonds Standby L/C Demand Guarantee Accessory/Contract Guarantee, Surety Bond Independent & payable against documents Independent & payable against documents Specified amount Specified amount Payable upon occurrence of specified event Amount of damages (usually with a maximum) Specified expiry Usually has a specified expiry Expiry event Rules: UCP or ISP (and UCC5 in the U.S.) Rules: URDG, ISP, or local law Rules: Local law
47. Risk Mitigation Techniques 4. Country risks are covered if the guarantee is a ‘local guarantee’. 5. If the principal repudiates the contract, the guarantor may do the same. Be sure you know which kind of guarantee you’re dealing with