What Happens if Letter of Credit is Silent in Regards to the Period of Presentation

What Happens if Letter of Credit is Silent in Regards to the Period of Presentation

Documents must be presented to the nominated banks within allowed time frame under letters of credit payments.

Otherwise issuing banks or confirming banks raise late presentation discrepancy.

According to the letters of credit rules a presentation consists of a transport document should be presented to the nominated bank within 21 days after the date of shipment, but not later than the expiry date of the letter of credit.

Presentation Period of a Letter of Credit

If the letter of credit does not require presentation of a transport document, then the presentation period does not become effective.

Under such a scenario, the documents must be presented to the nominated bank before the expiry date.

presentation period under letter of credit

If the letter of credit is silent in regards to the period of presentation, the documents must be presented to the nominated bank before the expiry date, when the letter of credit does not ask for a transport document.

Example:

A Serbian food exporter signs a proforma invoice with in importer located in Kuwait. The letter of credit amount is 75.000 EUR and partial shipments are not allowed.

Expiry date of the letter of credit is 15.February.2019.

The letter of credit is silent in regards to the presentation period, which means that there is no Field 48 -Period for Presentation indicated in the letter of credit.

Option 1: Letter of credit does not ask for a presentation of a transport document:

  • The beneficiary must present the document to the nominated bank before the expiry date of the letter of credit.

Option 2: Letter of credit asks for a presentation of a transport document:

Under the same scenario, please assume that selected transportation mode is sea shipment and transport document is a bill of lading and latest date of shipment is 10.January.2019.

  • The beneficiary must complete the shipment before 10.January.2019 and presents the document to the nominated bank within 21 days after the date of shipment, but not later than the expiry date of the letter of credit.

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Stale Bill of Lading

Stale Bill of Lading

According to the letter of credit rules a presentation consists of a transport document should be presented to the nominated bank within 21 days after the date of shipment, but not later than the expiry date of the letter of credit.

Bill of lading is a transport document covering the carriage of goods by sea.

If a set of documents, which consists of a bill of lading as a transport document, could not be presented to the nominated bank within 21 days after the date of shipment by the beneficiary, then late presentation discrepancy is emerged.

A bill of lading that is not presented within 21 days after shipment is called a Stale Bill of Lading.

In other words, stale bill of lading is a type of bill of lading which is presented to the nominated bank after the presentation period.

Stale Bill of Lading Example:

Let us try to understand the stale bill of lading term with an example.

An exporter in Malaysia signs a sales contract with an US importer for the sale of refined palm oil. The payment term is letter of credit. The importer have issued the letter of credit in favor of the exporter.

Letter of Credit Conditions:

  1. Latest Date of Shipment: 10.March.2019
  2. Expiry Date: 31.March.2019
  3. Presentation Period: 21 days after shipment but withing expiry date

Date of Shipment and Presentation Date:

The exporter completes the production and makes the shipment. Shipped on board date indicated on the bill of lading is 01.March.2019.

The exporter presents the documents to the nominated bank on 25.March.2019.

Conclusion:

The exporter could not complete the presentation within allowed time frame after shipment. Late presentation discrepancy condition has been fulfilled.

The shipping documents and also bill of lading is stale.

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Field 48: Period for Presentation

Field 48: Period for Presentation

What is Field 48: Period for Presentation?

Field 48: Period for Presentation is a field in MT 700 swift message type that is used to specify the period of time after the date of shipment within which the documents must be presented for payment, acceptance or negotiation.

This is an optional field.

According to current letter of credit rules except as provided in sub-article 29 (a), a presentation by or on behalf of the beneficiary must be made on or before the expiry date.

According to current letter of credit rules a presentation including one or more original transport documents subject to articles 19, 20, 21, 22, 23, 24 or 25 must be made by or on behalf of the beneficiary not later than 21 calendar days after the date of shipment as described in these rules, but in any event not later than the expiry date of the credit.

MT 700
Field 48: Period for Presentation:
DEFINITION
This field specifies the period of time after the date of shipment within which the documents must be presented for payment, acceptance or negotiation.

USAGE RULES
The period of time is expressed in number of days.
The absence of this field means that the presentation period is 21 days, where applicable.