Bank Guarantee In International Trade

This book is a comprehensive study of the legal and practical aspects and implications of independent (first demand) guarantees and standby letters of credit. It serves to broaden the understanding of the law on the subject of bank guarantees, while placing marked emphasis upon the practical issues which can arise in the daily functioning of these legal instruments.

The American standby letter of credit and the European independent guarantee developed simultaneously and represent, conceptually and legally, the same device. However, developments throughout the 1980s and 1990s and into the new century particularly certain initiatives of the International Chamber of Commerce ((URDG) and the American Institute of International Banking Law and Practice (ISP98), along with a steady flow of case law and a proliferation of legal writing continue to affect practice in the field.

The writer examines all this material in detail in this incomparable book, now in an updated revised third edition. He uses case law and legal writing from five European countries; The Netherlands, Germany, France, Belgium, and England to build an analysis of how the practical applications of bank guarantees has established a pattern of law. He also takes into account U.S. writing and case law on the subject, as well as relevant cases from Switzerland, Italy, and Austria.

Written from a transnational perspective, Bank Guarantees in International Trade can be used in both Civil Law and Common Law jurisdictions. His analysis covers the following factors:

1. Ttypes of guarantee (tender, performance, maintenance, repayment, retention, judicial)
2. Ppayment mechanisms (first demand, third-party documents, arbitral or court decision)
3. Risks and negotiations, drafting and clauses
4. Bank guarantees as a financial service; direct and indirect guarantees
5. Relationship between account party and bank
6. Relationship between instructing bank and issuing bank, counter-guarantee
7. The call on the guarantee, demand for payment
8. Fraud and restraining orders
9. Furisdiction and applicable law

Bank Guarantees in International Trade offers practitioners in international trade and banking law the most complete analysis in the field. In its wealth of practical detail, it is unlikely to be surpassed.

Standby letters of Credit: A Comprehensive Guide

This authoritative reference book gives thorough, practical guidance for anyone who needs to deal with standby letters of credit either professionally or academically. 

Augmented with examples of numerous real-life cases, the book addresses the exact procedures undertaken by global banks in handling letters of credit transactions whilst incisively providing an article by article interpretation of the ISP98.

Furthermore, the book explains the credit operation cycle, the various parties to the credit transaction, types, uses -with special emphasis on tender and performance standby letters of credit– roles, responsibilities of the parties to the transaction, risk management and fraud prevention. 

The book literally provides all the tools needed to deal not only with routine problems but also with unforeseen difficulties whether at clerical, middle management or senior management level. 

Commercial/Financial fraud detection and prevention is an issue that is decisively addressed in Chapter 15 which tackles the types of fraud the bank frequently encounters whilst conducting its trade finance operations.

The Author quotes several examples of fraudulent transactions and pinpoints the operational gaps the fraudsters often use to penetrate the bank’s safeguards and execute their crimes. 

The Author also tackles “organized crime” in banking operations whilst precisely explaining the techniques the banks must follow and safeguards they must place in order to detect and prevent these destructive fraud crimes. Risk Management in trade finance operations is another major concern of the international banking community. 

This concern is comprehensively addressed in Chapter 14 which warns that the methods commonly used by banks to effectively manage risks vary from one country to another according to the specificities of the socio-political environment; methods of trade finance risk mitigation described in general texts could turn to be invariably useless and any attempt to apply abstract theories and academic discussion can be not only a value destroyer but also a dangerous process.

The chapter then proceeds to emphasize the importance of understanding the bank’s specific operational environment and base its risk management approach on the operational history of the bank and its working environment.

It continues by identifying the exact risks the bank faces in a standby letter of credit transaction and finally, the Chapter tackles the three approaches banks follow in managing their operational trade finance risks, namely “Operational Risks Correlated to Volume”, “Value at Risk Analysis (VAR)” and “The Distribution of Loss Measure".

Fraud Watch: Reef International, Sialkot, Pakistan

A few days ago, Mr. Bruce Morrison from Alabama, USA informed me about a trade fraud involving his company, KYM Industries Inc and the seller in Pakistan, Reef International.

According to Morrison, he came across Reef International on the internet and interested to purchase some quantity of leather glove. He was assured by the Reef International that the goods will be shipped to him upon receipt of 30% upfront payment. Without suspecting any dishonesty, Morrison remitted the payment in USD via Telegraphic transfer to the seller in Pakistan.

He was shocked to find out that the 125 cartons of leather glove which he paid for were not in the container. The container is empty. Morrison tried to contact Reef International to get further clarification, but failed to speak with anyone from the Reef International.

The transport document used in this trade is a multimodal transport document. However, I believe that the document is also forged as there are few important data not indicated such as the place of taking charge and freight charges.

Please avoid from dealing with this company. For your information, here are details of the company:

Name:
Reef International

Address:
P.O. Box 2094 Sialkot Mailing Address
Along With Muslim League Office
Amin Abad Road, Sialkot, Pakistan
Production Unit – B.2 Sector Korongi Ind Area, Karachi.

Tel Numbers:
92 52 8101 732
92 52 8105 469

Fax:
92 52 3258 302

Mobile:
92 300 616 5600
92 334 800 8118

Email:
reef@haat.net.pk
reef@gjr.paknet.com.pk

Website:
http://www.refint.com/

Other information:
Export number 006583
NTN number 19-06-TR-7219

The information above is extracted from the invoice sent to me by Morrison. I believe some information may be fabricated by the seller.