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International Marketing




                    Notes          16.  The customs ....................... are charged with the responsibility of verifying compliance on
                                       the part of the exporters with all types of regulations in force in the country.




                                     Case Study  Letter of Credit Risk Management


                                           efore the outbreak of the Second Gulf War, a Naijing Company sold 2000 tons
                                           ethotic plastics (worth 2.18 million USD) to a Singapore company. After the contract
                                     Bwas sealed, the seller received the letter of credit from the buyer and then made the
                                     delivery according to the article of the contract. What is unexpected is that the Gulf War
                                     did not set the price of the oil products soaring, instead, the price plummeted. After
                                     receiving the goods, the buyers claimed that the goods are defective; therefore, it asked
                                     for a 200 dollar price cut. Otherwise, they would refuse to pay. However, when the buyer
                                     submitted the letter to the bank, there is no consistency within the letter of the credit. And
                                     the bank did not reject the documents or refuse to pay until 11 days later. And according to
                                     above situations, buyers choose to sue the bank, and as a result, the Supreme Court of the
                                     Singapore rules in favour of the seller
                                     In this case, the contract stipulated that the payment shall be made according to the
                                     irrevocable sight letter of credit. In accordance with the provisions of the Uniform Customs
                                     and Practice for Documentary Credits, in the letter of credit business, the bank processes
                                     only documents, not related goods and documents. Therefore, so as long as the documents
                                     are consistent, the bank should make payment according to vouchers. In this case, when
                                     the seller submitting the documents to the bank, there is no discrepancy at all, therefore,
                                     the banks have no reason to refuse to pay the purchase price.
                                     According to general practice, when the documents are inconsistent with each other, the
                                     bank should notify the customer as soon as possible. According to the Singapore
                                     jurisprudenc, the bank should reject the documents in 3-4 days notice to customers. In this
                                     case, the bank refused to accept the documents and pay the purchase price 11 days after it
                                     received the documents, which is clearly inconsistent with the general practice and local
                                     precedents.

                                     It should be noted that in this case the buyer demanded for lower prices on the grounds the
                                     quality of the goods are inferior, and asserted that it would refuse to make the payment if
                                     the seller would not lower the price, under this circumstances, the seller has not bring a
                                     lawsuit with the buyer, instead it choose to prosecute the bank. And as its claim is well
                                     justified, the results is in favour of the seller. It is the proof that its decision is wise and its
                                     approach effective.
                                     Questions
                                     1.   Pen down your views on the above case study.
                                     2.   Highlight the important facts of the case study.

                                   Source: http://www.chinaimportexport.org/case-study-letter-of-credit-risk-management/
                                   13.5 Summary


                                   This unit attempts to give an overview of the functions in as simple manner as possible.
                                       Export documents have to be prepared for various purposes like declaration of export as
                                       per exchange control regulations of the country, transportation of goods, customs clearance
                                       of the goods and other purposes.




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