DOCDEX

docdex

DOCDEX – ICC’s Documentary Credit Dispute Resolution Expertise

Docdex is one of the options available to solve letter of credit disputes. Its full name is “ICC’s Documentary Credit Dispute Resolution Expertise”.

What Does DOCDEX Mean?

Docdex decisions are private, expert-based and non-binding which means that Docdex decisions do not have any legal effects on to the disputing parties unless they have agreed in written that they will be solving any potential problems occurred under the documentary collections, letters of credit or demand guarantees by the means of Docdex decisions.

Sample Docdex Clause for a letter of credit transaction: This clause should be inserted in to the credit under field 47-A Additional Conditions in order to make the Docdex decision binding for all parties.

All disputes arising out of or in connection with this letter of credit shall be finally settled under the DOCDEX Decision in accordance with the ICC DOCDEX Rules, ICC Publication No. 811 by one or more experts appointed in accordance with the said Rules by the ICC International Centre for Expertise.

Scope of the Docdex Decisions:

DOCDEX decisions can be issued for the disputes which have been originated in connection with any of the following situations:

How to Apply for a Docdex Decision:

In order to settle a letter of credit dispute by using DOCDEX, the parties should follow two simple steps:

  • Initiator: Submit a request for a DOCDEX decision, along with the standard fee of US$5000 and all relevant documents, to the ICC International Centre for Expertise.
  • Respondent: If you are the opposing party, respond to the request by submitting your answer with all supporting documents.

Note: All the parties are given the opportunity to participate in the DOCDEX proceedings. However, the DOCDEX panel issues an opinion regardless of whether or not the Respondent agrees to participate.

How Much Time is Required to Reach a Docdex Decision?

Experts appointed by the Dispute Resolution Expertise Center will be reaching a Docdex decision within 2-3 months.

It would be worth mentioning that Docdex is a very fast alternative to a traditional court decision which could last around 6-18 months.

The Experts have to issue an opinion to the Dispute Resolution Expertise Centre within 30 days following receipt of all the relevant documents.

The Experts’ decision is examined by the Technical Adviser of the ICC Banking Commission, who ascertains that their decision is in line with the applicable ICC Rules and their interpretation by the Banking Commission.

How Much Does a Docdex Decision Cost?

Applying for a Docdex decision should normally cost to the initiator USD 5.000,00 – 10.000,00.

As of 1 May 2015, the following filing fees apply:

  • Where the amount in dispute does not exceed USD 1.000.000,00 the Standard Fee is USD 5.000,00
  • For all amounts in dispute exceeding USD 1.000.000,00 the Standard Fee is USD 10.000,00.

This is the standard fee of the Docdex decision procedure.

The Standard Fee includes the Centre’s administrative expenses and the Appointed Experts’ fees.

An Additional Fee may be fixed by the Centre—at its discretion—taking into account the facts and documents underlying the dispute (“Additional Fee”).

The Additional Fee does not exceed 50% of the Standard Fee.

What Sort of Documents Required for Applying a Docdex Decision?

Initiator must apply to the ICC International Centre for Expertise for a Docdex decision along with all the documents indicated below:

  • full name and address of the Initiator, clearly stating such Initiator’s function(s) in connection with the documentary credit, the collection, or the demand guarantee; and
  • full name and address of any other party to the dispute (Respondent), clearly stating such Respondent’s function(s) in connection with the documentary credit, the collection, or the demand guarantee, where the Request is not submitted jointly by all parties to the dispute; and
  • a statement of the Initiator formally requesting a DOCDEX Decision in accordance with the ICC DOCDEX, ICC Publication No. 811; and
  • a summary of the dispute and of the Initiator’s claims, clearly identifying all issues related to the documentary credit, the collection, or the demand guarantee and the applicable ICC Rules to be determined; and
  • copies of the documentary credit in dispute, the collection instruction, or the demand guarantee in dispute, all amendments thereto, and all documents deemed necessary to establish the relevant circumstances; and
  • a statement by the Initiator that a copy of such Request, including all documents annexed thereto, has been sent to each Respondent named in the Request.

Important Note: The Request must be submitted in four copies.

Important Note 2: The Request must be accompanied by the payment of the Standard Fee amounting to USD 5.000,00 – 10.000,00. What’s more, even in exceptional cases, the International Centre for ADR (“Centre”) will only charge an additional fee of US$2,500 or US$5,000.

You can find full details of the Docdex application from this link.

Electronic Letters of Credit

Electronic Letters of Credit

What is an Electronic Letter of Credit?

An electronic letter of credit can be defined as a letter of credit transaction, which is carried out entirely on electronic means of communication and issued according to the rules, such as an eUCP, which are allowing electronic presentations.

Introduction: The information technology revolution and advancements in the international maritime business have changed the way of doing business in cross border trade.

We have been enjoying a new type of international business thanks to the advancements in both logistics and communication sectors.

Importers can easily subscribe to www.alibaba.com in order to find a reliable supplier who will offer good quality goods with competitive prices.

By signing a sales contract or preparing a simple proforma invoice the importer and exporter can determine the delivery term and the payment method.

After arranging the transportation and taking care of the insurance and custom clearance, the operational side of the deal is completed.

You can order any kind of goods internationally by online means without knowing who your supplier is or another party that has been participating in that particular export import business.

Everything could be handled by electronic means of communication fast and secure.

Preliminary Works: In order to make international letters of credit more compatible to this challenging electronic business environment, the ICC Banking Commission started to work on electronic letters of credit rules in year 2000.

The aim of the ICC Banking Commission Working Group, which consisting of experts in the UCP, electronic trade, legal issues and related industries, such as transport was to carry out the documentary credits rules into electronic environments where electronic presentations are possible without the need of any paper based documents.

Rules: (eUCP): In year 2002, the Banking Commission created supplementary rules to UCP 500 which, enabled the presentation of electronic records alone or in combination with paper documents.

The supplementary rules are known as the “Supplement to the Uniform Customs and Practice for Documentary Credits for Electronic Presentation” or simply “eUCP“.

eUCP came into effect on 01.April.2002.

  • Revision of the eUCP: UCP 500 revised in year 2007 and UCP 600 replaced the previous version of the letters of credit rules.

Along with UCP 500 revision ICC banking commission made necessary amendments on the eUCP rules.

As a result in year 2007 eUCP V1.1 Supplement to UCP 600 replaced the older version of eUCP which was known as eUCP V1 Supplement to UCP 500.

Let us have a look at the electronic letter of credit rules in detail.

eUCP V1.1 Supplement to UCP 600: UCP 600 contains within its text the 12 Articles of the eUCP, ICC’s supplement to the UCP governing presentation of documents in electronic or part-electronic form.

When you are buying UCP 600 from the ICC bookstore, you will also be buying supplementary eUCP rules as well.

eUCP Table of Contents

How Electronic Letters of Credit Work?

Under electronic letters of credit all letters of credit parties such as the beneficiary, applicant, issuing bank, advising bank and confirming bank must be connected to the same secure online platform which enables electronic presentations and electronic document examinations.

GlobalTrade Corporation and The Bolero Ecosystem are top two companies throughout the world offering secure multi-bank platforms.

Figure 1 : Electronic Letter of Credit Transaction Process

Step By Step Electronic Letter of Credit Transaction Process

  1. Electronic letter of credit transaction starts with the signature of the sales contract between the exporter and the importer through secure online platform.
  2. The applicant (importer) applies to the issuing bank for opening an electronic letter of credit which should be subject to latest version of eUCP rules.
  3. The issuing bank issues its electronic letter of credit and send the credit to the advising bank through multi-bank platform.
  4. The beneficiary (exporter) of the electronic letter of credit receives the authenticated copy of the e-credit through the secure online multi-bank platform.
  5. At the same time the applicant (importer) applies to the transport company, to make sure that an electronic bill of lading will be issued instead of a regular paper based bill of lading.
  6. The beneficiary make the electronic presentation to the advising bank. Electronic presentation contains electronic documents including digitally signed e-bill of lading.
  7. Advising bank checks the documents. If documents require no correction then advising bank make the electronic presentation to the issuing bank.
  8. Issuing bank checks the documents. If documents are found to be complying then issuing banks issuing bank honors its letter of credit.
  9. Issuing bank sends e-documents to the applicant.

Benefits of the Electronic Letters of Credit:

Cost Reduction Through Operational Efficiency: Traditional paper documents have much higher operational costs comparing to the electronic documentation. You can benefit from costs indicated below by leaving paper documents behind and converting into electronic letter of credit presentations,

  • International courier costs: In each set of documents you submit to your bank under a paper based letter of credit, you should be paying between 75 USD-100 USD. You could save this amount with electronic L/Cs.
  • Domestic Document Gathering Costs: Most of the export and import documents are created quite far away from the manufacturing companies, as production plants are located away from the city centers, where the land prices are low. Some documents are created at the custom offices which are located just inside the port of discharge. Collecting different paper based documents from different locations may cost considerable amount of money, especially when the exporters are racing for a timely presentation under the letters of credit.

Financial Advantages: Financial gains as a result of using electronic letters of credit could be sum up under below points.

  • Reaching to the Payments Faster via Online Presentations: Under paper based presentations, the beneficiaries could collect all required letters of credit documents within 4-5 days after the date of shipment. Documents could reach to the issuing banks or confirming banks via expedited courier services between 3-7 days under normal conditions. (You should always think about strikes and holiday periods also extreme conditions where air traffic is severely affected such as eruptions of Eyjafjallajökull volcano in Iceland resulting at least 20 countries closed their airspace to commercial jet traffic for a period of week between 14–20 April.2010.). In conclusion, it is fair to expect under an at sight letter of credit, which allows paper based presentations, the beneficiary could reach to the payment within 12-20 days after the date of shipment. On the other hand, the beneficiary may be able to reach to the payment under an electronic letter of credit, which available by at sight within 3-4 days after the date of shipment.

Benefits of Reduced Risk Levels: Electronic letters of credit could eliminate or at least reduce various risks of the exporters, importers as defined below.

  • Electronic Documents can be corrected easily which makes them less risky in terms of refusals by the issuing banks: Corrections on electronic documents is easier and faster than paper based documents. As a result exporters’ presentation refusal risks reduced significantly. According to ICC data %70 of presentations have been refused by issuing banks on 1st presentation. Electronic presentation could reduce these rejection figures considerably.
  • Documents reach to Issuing Bank Earlier: In some occasions the distance between exporter’s country and importer’s country is quite short that paper documents could reach to the issuing bank long after vessel arrives to the port of destination. Such a situation could create couple of problems that may be causing extra risks and costs to both exporters and importers as highlighted below.
    • Demurrage charges
    • Risk and costs associated with issuance of a Letter of Indemnity

Case Study:

First end-to-end fully electronic letter of credit presentation

Bolero has announced the first fully electronic presentation into mainland China of documents under a Letter of Credit, using the Bolero platform. This is the latest in a series of major milestone achieved by the participants in this transaction.

The electronic presentation related to a shipment of manganese ore from Australia to China. As a fully end-to-end electronic presentation including the Bolero eBL (electronic bill of lading), all parties were connected to the Bolero platform.

BHP Billiton was the exporter and beneficiary of the Letter of Credit; the customer and applicant was Sichuan Emei Ferroalloy I/E Co., Ltd. and ANZ bank acted as the advising bank, with China CITIC Bank acting as the first ever Chinese ePresentation receiving bank. The shipping company was “K” Line Pte Ltd.

The Letter of Credit was issued under eUCP and all documents required under this Letter of Credit, including the bill of lading, were presented electronically using the Bolero platform, supported by the unique Bolero legal rule-book.

A number of electronic presentations using Bolero have been undertaken elsewhere in Asia, but it is particularly significant to be able to prove acceptance in mainland China, a key export market for the resource industry.

Being the first end-to-end electronic presentation into China, this also achieved a number of significant milestones: the first eBL into China with resultant cargo release and customs clearance, the first local Chinese Bank receiving a fully electronic presentation and the first Chinese corporate customer receiving an electronic presentation and surrender of an eBL.

In this transaction, the customer, Sichuan Emei Ferroalloy I/E Co., Ltd., applied to China CITIC Bank for a Letter of Credit (L/C) to be issued under eUCP with BHP Billiton as the beneficiary.

The L/C was advised to BHP Billiton using the Bolero export L/C management solution. The Bill of Lading was created on Bolero and made available to BHP Billiton to include in their electronic presentation.

BHP Billiton did a fully electronic presentation of all documents required under the L/C to ANZ bank. Following confirmation of compliance by ANZ bank, the electronic presentation was then forwarded over Bolero to the issuing bank, China CITIC Bank, and subsequently forwarded over Bolero to the customer, Sichuan Emei who surrendered the eBL to “K” Line.

This program proved the ability to drive the presentation end-to-end through to being promptly honoured and paid by the issuing bank.

Special Thanks: 

  • Special thanks to Tom Rahder from www.bolero.net for his great contribution to this article.

Swift Messages in Letters of Credit

Swift Messages in Letters of Credit

SWIFT is the short form of “Society for Worldwide Interbank Financial Telecommunication”.

Swift defines its role in international financial transactions on its website as follows.

“Our role is two-fold. We provide the proprietary communications platform, products and services that allow our customers to connect and exchange financial information securely and reliably. We also act as the catalyst that brings the financial community together to work collaboratively to shape market practice, define standards and consider solutions to issues of mutual interest.”

In simple terms swift has two main roles in international financial transactions,

  • firstly, SWIFT provides a secure, fast, and reliable communication platform with which financial institutions can communicate with each other.
  • secondly, SWIFT establishes standard message formats which can be used in its platform.

Today banks use SWIFT platform to communicate with each other, for example when sending a wire transfer, issuing a letter of credit, advising a discrepancy message etc.

Specifically, swift message types related to the letters of credit and bank guarantees are classified under Category 7 as shown below.

Category 7-Documentary Credits and Guarantees

Part 1-Documentary Credits

MT 700-Issue of a Documentary Credit
MT 701-Issue of a Documentary Credit
MT 705-Pre-Advice of a Documentary Credit
MT 707-Amendment to a Documentary Credit
MT 710-Advice of a Third Banks Documentary Credit
MT 711-Advice of a Third Banks Documentary Credit
MT 720-Transfer of a Documentary Credit
MT 721-Transfer of a Documentary Credit
MT 730-Acknowledgement
MT 732-Advice of Discharge
MT 734-Advice of a Refusal
MT 740-Authorization to Reimburse
MT 742-Reimbursement Claim
MT 747-Amendment to an Authorisation to Reimburse
MT 750-Advice of Discrepancy
MT 752-Authorisation to Pay, Accept or Negotiate
MT 754-Advice of Payment/Acceptance/Negotiation
MT 756-Advice of Reimbursement or Payment

Part 2-Guarantees

760 Guarantee
767 Guarantee Amendment
768 Acknowledgement of a Guarantee Message
769 Advice of Reduction or Release

Part 3-Common Group

790 Advice of Charges,
791 Request for Payment of Charges, Interest and Other Expenses
792 Request for Cancellation
795 Queries
796 Answers
798 Proprietary Message
799 Free Format Message

Usage Examples:

  • MT700 Issue of a Documentary Credit message type should be used when issuing a letter of credit
  • MT 734 Advice of a Refusal message type should be used when sending a refusal message.

PS: MT means Message Type.

Letter of Credit Documents

letter of credit documents

After reading this post, you should understand why documentation is very important under letters of credit.

Additionally, most frequently used document links have been supplied on later parts of this article.

There are many important points in a typical letter of credit transaction that need to be taken care of professionally.

However, documentation is much more important than any other aspects of the letters of credit transactions, because the documentation forms the backbone of the letters of credit structure.

In order to understand the importance of the documentation, please assume that you are an exporter, whom has just shipped an order.

How can you prove to the issuing bank that you have make the shipment according to the letter of credit terms?

Which means that;

  • you have shipped the goods on time, not late
  • you have shipped the right goods, not wrong ones
  • you have shipped the goods in good condition, no apparent defect on the packing
  • you have delivered the goods to the carrier for transportation from port of loading to the port of discharge indicated in the credit etc.

In order to prove above points to the issuing bank, you have to supply a relevant transport document.

Furthermore, let us also consider that the delivery term was CIF Incoterms 2010, which obligates the exporter, which is you, to arrange and pay the insurance for the shipment.

Once again, you have to supply an insurance policy to fulfill your insurance responsibility.

The examples can be extended, but perhaps the main idea is very clear. Letters of credit transactions are related to the documents only, not actions.

importance of letter of credit documentation

The importance of the documentation is stated in UCP 600 article 5 as follows:

Banks deal with documents and not with goods, services or performance to which the documents may relate.

In addition, every condition stated in the letter of credit must be connected to a document. This point is also clearly indicated in UCP 600 article 14 as below.

If a credit contains a condition without stipulating the document to indicate compliance with the condition, banks will deem such condition as not stated and will disregard it.

Documents Most Frequently Used Under Letters of Credit Transactions:

Transport Documents:

Insurance Documents:

Financial Documents:

Commercial Documents:

Official Documents: