SWIFT Confusion

The issuing bank is responsible to ensure not only completeness of the Letter of Credit but the most important is to make sure all the data which forms the terms and conditions of the Letter of Credit is correct, clear and does not open to multiple interpretation before it is advised to the beneficiary. Legally speaking, Letter of Credit is in fact a form of a contract that is a contract of payment. Therefore, the terms and conditions laid out in an LC should be precise and clear.

Recently, a question came from one of the readers asking about the following problem. He received an LC with the following conditions:

44E: Port of loading/Airport of departure

+Bangkok Port, Thailand

45A: Description of goods and/or services

+400metric ton abc. FOB Thailand

He wants to know whether the information in field 44E and field 45A above is correctly indicated.

Field 44E (Port of loading/Airport of departure) and field 44A (Place of Taking in Charge/Dispatch from.../Place of Receipt) are fields specifically to indicate the point of delivery. This is the point where the seller technically delivers the goods to the buyer and the buyer accepts the said delivery. At this point, the delivery by the seller is said to have been completed. In other words, the seller must ensure the point of delivery by referring to field 44E only.

Is it necessary to indicate the point of delivery in field 45A? In the above example, name of the port that is “Bangkok Port” is not indicated. Is this ambiguous?

Field 45A is specifically to describe the goods or services and to indicate the trade term agreed upon by both parties. Therefore, the name of the port need not appear again in this field. Nevertheless, it is not wrong if the buyer wish to indicate again the name of the port in this field. However, it makes no difference whether it is indicated or not as information in field 44E is already conclusive.

SWIFT Format: Field 78

Field 78 (Instruction to the paying/accepting/negotiating bank) is an optional field where Issuing Bank will indicate instructions regarding sending of the documents, method of reimbursement and other related instructions such as:

+AMOUNT OF NEGOTIATION MUST BE ENDORSED AGAINST THIS CREDIT

+ALL DOCS TO BE AIR COURIERED IN ONE LOT TO ISSUING BANK, ZEALOT BANK LTD, NO 47 & 49 JALAN BAHAGIA, TAMAN TUN DR ISMAIL, 60000 KUALA LUMPUR, MALAYSIA

+UPON RECEIPT OF DOCS IN STRICT COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT, WE SHALL REMIT PROCEEDS AS PER YOUR DISPOSAL INSTRUCTION

These instructions are meant for the Paying Bank or Accepting Bank or Negotiating Bank such as where the documents should be sent to and how the reimbursement is going to be paid.

SWIFT Format: Field 49

Field 49 (Confirmation instruction) is a mandatory field. This field must present in every LC issued. This field contains instruction regarding confirmation of the LC where it must contain one of the following codes:

1. CONFIRM – The receiver is requested to confirm the LC
2. MAY ADD – The receiver may add its confirmation to the LC
3. WITHOUT – The receiver is not requested to confirm the LC

However, if a bank (receiver) which is authorized or requested by the issuing bank to confirm the LC (CONFIRM) is not prepared to do so, it must inform the issuing bank and may advise the LC to the beneficiary without confirmation.

When the field is indicated by the code ‘MAY ADD’, the receiver may or may not add its confirmation. Should the receiving bank wishes to add its confirmation, it must also inform the issuing bank prior to adding its confirmation and advise the same to the beneficiary.

When the code “WITHOUT’ is indicated and the receiving bank wishes to add its confirmation at the request of the beneficiary, it must also notify the issuing bank to obtain approval before adding its confirmation.

When confirmation is added to the LC, the confirming bank is acting as a second issuing bank in the country of the seller.

SWIFT Format: Field 48

Field 48(Period for presentation) is an optional field where the time limit within which the presentation of the shipping documents should be made to the issuing bank or nominated bank by or on behalf of the beneficiary/seller.

As a general rule, this time period starts from the date of shipment which is indicated in the transport documents i.e. Bill of Lading, Multimodal transport documents, Air Waybill etc.

Secondly, in any event or when this field is not present or where there is no express indication in this field, the presentation should be made not later than 21 calendar days after the date of shipment but not later than the expiry date of the LC. In this case, the expiry date of the LC is deemed to be an expiry date for presentation.

The number of days indicated in this field should accommodate the seller a comfortable time period to enable him to obtain certain documents issued by third party (Insurance document, Transport document, Certificate of origin, inspection certificate etc), to prepare other documents, to vet through all the documents, to collate and to make presentation to the bank.

Buyer may indicate any number of days, for example, 7 days, 12 days, 14 days or 21 days. The number of days is calculated from the date of shipment indicated in the transport document.

SWIFT Format: Field 71B

Field 71B (Charges) is also an optional field. This field is meant for the following charges:

1. Agent’s commission (AGENT)
2. Commission (COMM)
3. Our Correspondent’s commission (CORCOM)
4. Commercial discount (DISC)
5. Insurance premium (INSUR)
6. Postage (POST)
7. Stamp duty (STAMP)
8. Teletransmisson charges (TELECHAR)
9. Wharfing and warehouse (WAREHOUS)

This field is accommodated for 35 characters (alpha numeric) per line subject to a maximum of 6 lines. By indicating either one or combination of some of the charges above, the proceeds received by the seller is the net amount after deducting the said charges.

As a general rule as well as to avoid disputes, in most cases, all the charges incurred in the country of the buyer will be paid by the buyer and those charges incurred in the country of the seller is to be paid by the seller. Therefore, this field is normally indicated as follow:

‘all charges outside Malaysia (country of the buyer) is for the account of the beneficiary’.

Having indicated as such, the seller would be able to account his actual cost up to delivery (handing over to carrier / on board the vessel) of the goods and buyer on the other hand would know his actual cost before selling the goods.

SWIFT Format: Field 47A

Field 47A (Additional conditions) is also another optional field. This field is normally used by issuing bank or the buyer to lay down other important instructions and requirements.

This is where issuing bank indicates among others, discrepancy fee is charged for the account of the seller should there is any discrepancy in the presentation. Buyer may make use of this field to provide instructions to the seller to request additional performance for example, to fax Bill of Lading, invoice or other performance deemed necessary. But bear in mind, all these additional performance must be accompanied by a simple written confirmation to certify that such performance has been discharged and the written confirmation must be submitted to the bank to form a presentation.

To illustrate this, assuming the additional condition is worded as follow:

‘…Seller is to fax a copy of Bill of Lading upon shipment to buyer at 603-56784535. A certificate to this effect is required for negotiation’

In this case, first, the seller must fax a copy of B/L to the buyer upon shipment of the goods. Secondly, the seller must also prepare a certificate or written confirmation (letterhead) addressed to the buyer to confirm that the B/L has been faxed. This ‘certificate’ or written confirmation must also be submitted to the bank.

Other than this, buyer may also include requirements such as appointment of transport, inspection of goods, conditions for delivery or other additional performance. All these performance must be accompanied with a written confirmation.

SWIFT Format: Field 46A

Field 46A (Documents required) is also another optional field. However, in most commercial LC, this field is always presents. This is where all the documents required pertaining to that particular trade described in the LC should be expressly indicated.

This includes type of documents, number of copies as well as photocopy or original piece. As a general rule, at least one original of each document stipulated in the LC must be presented (Article 17(a), UCP 600). Documents are categorized as financial documents, commercial documents, transport documents, insurance documents and official documents.

Drafts or Bills of Exchange (B/E) are example of financial documents. These documents are normally provided by the bank, signed by the seller and drawn on the nominated bank or the issuing bank. B/E is a negotiable instrument and transferable in principle. The reason why this document is used in trade is simply because it provides a second legal protection to the acceptor or bona fide holders. In the event of default, the holder shall pursue legal action based on the B/E alone. This is also one of the reasons why freely negotiable LC is becoming so popular worldwide.

Commercial invoice on the other hand is not negotiable but only serves as an accounting document where details descriptions of the goods are indicated. This document normally is prepared by the seller. Packing list is another document prepared by the seller where it indicates how the goods are packed, weight of packaging, number of items per package and marks and numbers.

There are various types of transport documents which largely depend on the mode of transport engaged in moving the goods from the point of origin to the final destination. Multimodal transport is increasingly important in this modern world with the introduction of containerization. Goods can be picked up at the seller’s premise and move on using a combination of different mode of transports. In this case, multimodal transport document is required to be presented. Port to port shipment or inland waterways where goods are moved using vessel require Bill of Lading or Sea Waybill. If goods are transported by air, Air Waybill is required and so on. All these documents are issued by the transport operators.

It is also important to note that while in transit, the goods are exposed to risks, damage or loss. In this instance, insurance coverage against damage or loss to the goods should be procured and should be expressly indicated in the LC.

It is sometimes required by the law of the importing country to declare certain goods of their content, substance or origin to ensure compliance. Therefore, official documents such as analysis certificate, inspection certificate, quality certificate or certificate of origin may be required to be indicated in the LC.

It is worth to remember that only documents related to the trade of the goods should be requested because it will implicate the ability of the seller to prepare, obtain and to present all the documents to the bank to claim for payment.

State clearly what are documents required, how many copies, how many original and how many photocopies. If, documents such as analysis certificate, inspection certificate or quality certificate is required, state clearly who should issue and who should sign them.

SWIFT Format: Field 45A

Field 45A (Description of goods and/or services) is another optional field. However, in commercial LC, this field is always presents. This is where the goods purchased by the buyer are described as well as indication of trade term used.

The description of goods should not be so excessive and complicated. Although this field provides 100 lines with 65 characters (alpha numeric) per line, but traders are always encouraged to describe the goods as brief as possible.

LC does not guarantee the buyer will receive the goods he ordered. This is not the function of the LC, in short, LC does not guarantee the goods. It serves no purpose at all by excessively describe the goods to the last details.

For example, if buyer is buying cell phone parts of various models and colors for various brands, they need not necessarily be described model by model, color by color or brand by brand in the LC. It is sufficient to indicate for example, ‘…cell phone parts as per pro-forma invoice no 1234 dated 4th February 2008’.

The trade term used or agreed upon by both parties must also be indicated in this field e.g., FOB, CIF, CPT.

SWIFT Format: Field 44C (Latest Date of Shipment)

Field 44C (Latest date of shipment) is also another optional field. This field may or may not present. If it does not present, the shipment must be made within the validity of the LC.

If this field present, the shipment must be made within the date indicated in this field. The date indicated in this field is the limit within which the shipment must be made by the seller. This date should not exceed the expiry date of the LC.

Evidence of shipment is indicated in the transport documents like multimodal/combined transport document, Bill of Lading, Non-Negotiable Sea Waybill, Charter Party Bill of Lading, Air Transport Document, Road, Rail or Inland Waterway Document, Courier Receipt, Post Receipt or Certificate of Posting.

The date indicated on those documents is deemed to be the date of shipment and it should be within the date indicated in field 44C.

SWIFT Format: Field 44A (Place of taking in charge...)

Field 44A (Place of taking in charge / dispatch from.. / Place of receipt) is an optional field. This is a field where a place or a point of handing over the goods to the carrier should be indicated. The place or point is depending on the trade terms used e.g. Ex-Work, FCA, FAS, FOB, CFR, CIF, CPT, CIP, DAF, DES, DEQ, DDU or DDP.

Field 44A is appropriate for multimodal transport where the place or point of handing over is any place on land.

Field 44E (Port of loading / Airport of Departure) on the other hand is most appropriate to be used where mode of transport is determined by vessel or aircraft.

Field 44F (Port of discharge / Airport of destination) is also an optional field where a place of actual physical delivery of the goods should be made in the country of the buyer. The same case applies to field 44B (Place of final destination / For transportation to… / Place of delivery).

The appropriate trade terms and fields to be used will be discussed in the coming post.

LC SWIFT Format: Field 43T (Transshipment)

Field 43T (Transshipment) is an optional field. It may present or it may not present.

Transshipment is shipment of goods in a single journey, from the point of origin to the final destination using a combination of different mode of transport.

Whether or not transshipment is to be allowed or permitted, it is largely depends on the type and nature of the goods and the trade terms used; E term, F terms, C terms or D terms.

Containerized goods are subject to transshipment because they are normally delivered to the carrier at the seller’s premise or at a named place prior to loading on board the vessel. The goods will be transported by a trailer/lorry by road to the port and later loaded on board the vessel at the port of shipment. In this case, transshipment is to be allowed.

On the other hand, petroleum, grains, liquid cargo and other loose products normally will be delivered directly from the depot at the port of loading and on board the vessel. In this instance, transshipment is prohibited. However, this does not mean the transshipment will not take place. The goods may be unloaded and loaded onto another vessel.

Under this field, either ‘ALLOWED’ or ‘NOT ALLOWED’ is to be indicated.

LC SWIFT Format: Field 43P (Partial Shipment)

Field 43P (Partial Shipment) is an optional field. The presence of this field would depend on the trade agreement between buyer and seller. Partial shipment is, in simple words, delivery of an order in two or more consignments, if allowed and mutually agreed upon by both parties, buyer and seller. The seller has the advantage to ship any quantity or amount lesser than the original order or as indicated in the LC in few shipments until fully delivered to the buyer.

For example, if the amount indicated under field 32B (Currency Code, Amount) is USD10,000.00, the seller may ship the goods worth of USD 3,000.00 in the first shipment, second shipment, USD5,000.00 and third shipment USD2,000.00.

Seller should always request that the LC specify whether partial shipment is allowed in order to avoid unexpected problems. In case partial shipment is allowed, the validity of the LC will not be affected even if a problem arises in meeting the delivery date. The total shipment of USD10,000.00 must be fully delivered within the expiry of the LC.

Under this field, either one of these words:

‘ALLOWED’ or
‘NOT ALLOWED’

should be indicated. If ‘NOT ALLOWED’ is indicated, the seller is to ship the whole order in one shipment only. The word ‘PROHIBITED’ sometimes is used instead of ‘NOT ALLOWED’.

LC SWIFT Format: Field 42C (Drafts at...)

Field 42C (Drafts at…) is an optional field which means it can present or it may not present depending on the availability of the credit, either by Payment, Acceptance, Deferred payment or Negotiation (Field 41a).

Field 42C should present if the availability of the LC is made by Acceptance or Negotiation (Field 41a). On the other hand, if the LC is made available by payment or Deferred payment, field 42C would not present.

When field 42C presents, field 42D (Drawee) must also present. The Draft must be drawn by the drawer either on the issuing bank or the confirming bank, if any. Therefore, field 42D must present to indicate the Drawee bank. If the LC does not require confirmation by a confirming bank, the Draft must be drawn on the issuing bank. Again, the Drawee bank can either be indicated by full name and address or by indicating the SWIFT address or BIC.

The use of Draft or Bills of Exchange in trade is widely practiced by banks worldwide. The Draft can be drawn at sight or at a determinable future time (tenor/time). Further information on Draft will be posted later.

LC SWIFT Format: Field 41D (Available with...by...)

Field 41D (Available with…by…) is a mandatory field which must present. ‘Available with’ refers to the bank which is a nominated bank, in the country of the seller, authorized by the issuing bank to make payment to the seller. The name of this bank must be expressly indicated either by indicating its’ Bank Identifier Code, which is the SWIFT address or the full name and address of that particular bank. In most cases, this bank is the correspondent bank of the issuing bank and normally an advising bank. However, it could also be the issuing bank which is in the country of the buyer.

For example, the nominated bank is Citibank N.A. London. It can be identified as CITIGB2L, which is the SWIFT address of Citibank, London. This is option ‘a’ for field 41 (41a).

The other option is to indicate the nominated bank under this field by expressly indicates the name of the bank with the full address. For example,

Citibank N.A.,
No 88, The Strand,
London WC2R 0DW.

This is option ‘D’ for field 41 (41D).

In the case where the LC is made available by ‘freely’ negotiation or ‘non-restricted’ negotiation, the nominated bank would not be named. This field will be indicated with ‘any bank’. This wording, ‘any bank’ refers to any bank in the country of the seller which is willing to take up the documents and negotiates. Seller may present the documents to any bank of his choice in his country. If the seller decides to present the documents to Union Bank of California, New York instead of his other bank, Chase Manhattan, New York, The Union Bank of California, New York is deemed to be the nominated bank (Article 2, UCP600).

The word ‘by’ here refers to the availability of the LC, either by payment, acceptance, deferred payment or by negotiation. If the LC is made available by payment, acceptance, deferred payment or ‘restricted’ negotiation, the name of the nominated bank must be expressly indicated under this field either using option ‘a’ or option ‘D’.

One of the following codes must be indicated under 'by...':

BY ACCEPTANCE

BY DEF PAYMENT

BY MIXED PYMT

BY NEGOTIATION

BY PAYMENT

LC SWIFT Format: Field 50, 59 and 32B

Field 50 (Applicant) is another mandatory field which requires bank to expressly indicate the name of the applicant or buyer together with the address. (Sample of LC issued: SWIFT Format).

Field 59 (Beneficiary) is also a mandatory field where the the name of the buyer is to be indicated with full address.

Field 32B (Currency Code, Amount) is where the amount of the credit should be indicated. The currency code used in this field is ISO approved codes such as GBP (Great Britain Pound), USD (United States Dollar), MYR (Malaysian Ringgit), NLG (Netherland Guilder), FRF (French Franc), HKD (Hong Kong Dollar), SGD (Singapore Dollar), EUR (Euro) etc. This field is a mandatory field.

LC SWIFT Format: Field 31D (Date and Place of Expiry)

Next field is field 31D (Date and place of expiry). As I mentioned in the earlier post (SWIFT Format: part 3), the date format is written as yy/mm/dd. For example, the date is indicated as 070424, the date is read as April 24th, 2007.

The additional information here is, the name of the country where the LC is to expire must also be indicated, for example, Malaysia, United Kingdom, United States of America etc. It is only the name of the country should appear in this field, name of district should not be indicated.

It is a practice in international trade, where the place of expiry is normally in the country of the seller. This is so because, it provides some cushion to the seller where seller has longer time frame to prepare the goods for shipment, obtain related documents, conduct pre checking of the document to ensure consistency and present them to his bank.

There are also cases where the place of expiry is in the country of the buyer. But this is very rarely. This would shorten some time for the seller to get things ready and present the documents. In this case, the LC must reach the issuing bank which is in the country of the buyer before the expiry of the LC. The time taken for the documents to travel by air courier to the final destination is an additional factor to be considered.

Whereas, if the LC is to expire in the country of the seller, the documents must reach the nominated bank in the country of the seller before the expiry of the LC.

Today, to keep up with the vast global development in trade, most LCs is issued available with any bank by negotiation and place of expiry is always in the country of the seller.

LC SWIFT Format: Field 40E (Applicable Rules)

The next mandatory field is field 40E (Applicable Rules) which must present in every LC issued. This field is customarily indicated by the issuing bank which corresponds to the type of the LC issued, either commercial LC or standby LC. This field must contain one of the following codes:

EUCP LATEST VERSION

The documentary credit is subject to the version of the supplement of the ICC Uniform Customs and Practice for Documentary Credits for Electronic Presentations, International Chamber of Commerce, Paris, France, which is in effect on the date of issue.

EUCPURR LATEST VERSION

The documentary credit is subject to the version of the supplement of the ICC Uniform Customs and Practice for Documentary Credits for Electronic presentations and the version of the Uniform Rules for Bank-to-Bank Reimbursements.

ISP LATEST VERSION

The standby letter of credit is subject to the version of the ICC International Standby Practices, International Chamber of Commerce, Paris, France, which is in effect on the date of issue.

OTHR

The credit is subject to any other rules.

UCP LATEST VERSION

The documentary credit is subject to the version of the ICC uniform Customs and Practice for Documentary Credits, International Chamber of Commerce, Paris, France, which is in effect on the date of issue.

UCPURR LATEST VERSION

The documentary credit is subject to the version of the ICC Uniform Custom and Practice for Documentary Credits and the version of the Uniform Rules for Bank-to-Bank Reimbursements.

The incorporation of either of the codes mentioned above into the LC forms the text of the LC and therefore governs the LC primarily, but of course not solely. Such incorporation will also form a parol of evidence rules in the court of law. Courts and arbitration tribunals applies the UCP because it is the most universally followed set of customary documentary credit rules. However, it does not prevent a court from applying its country’s national law.

For the purpose of this example, which refers to commercial letter of credit, the appropriate code to be incorporated is UCPURR LATEST VERSION or to indicate the full narration only instead of the code.

LC SWIFT Format: Field 20 (Documentary Credit Number)

Next MT700/701 field is field 20, Documentary Credit Number. This field is a self explanatory field. Every LC issued by the issuing bank must bear an ‘identity’ which is recognizable by the LC number. This LC number is a unique number assigned to an LC where every LC issued bears a different LC number.

LC number or identity is normally computer generated or in some banks the number is manually assigned by the issuing bank. It is a combination of alphabet and numeric characters subject to a maximum of 16 characters. The presence of this field is mandatory.

This number will be used as a reference number for payment, enquiry and amendment, if there is any which refers to that same LC. It carries important implications to the whole LC operations. There are cases where multiple LCs issued by the same issuing bank, at the request of the same buyer, addressed to the same seller, with the same amount and same currency. Therefore, the only way to identify which LC is to be paid, accepted or negotiated is by identifying the LC number.

Field 31C (Date of issue) on the other hand, signifies the date on which the LC is issued by the issuing bank. The undertaking to make payment by the issuing bank takes effect from this date. This field must contain 6 numeric characters only with no alphabet in the following manner, yy/mm/dd. For example, if the date is indicated as 070104, it is read as January 04th, 2007.

This date format is also applied to field 31D (Date and place of expiry) and field 44C (Latest date of shipment).

LC SWIFT Format: Field 40A (Form of Documentary Credit)

The second field in MT700/701 is field 40A. This is also a mandatory field where it must present and must be expressly stated to indicate the form of the Documentary Credit or LC. This field must contain one of the following codes:

IRREVOC TRANS STANDBY – The standby letter of credit is irrevocable and transferable

IRREVOCABLE – The documentary credit is irrevocable

IRREVOCABLE STANDBY – The standby documentary credit is irrevocable

IRREVOCABLE TRANSFERABLE – The documentary credit is irrevocable and transferable

REVOCABLE – The documentary credit is revocable

REVOCABLE STANDBY – The standby documentary credit is revocable

REVOCABLE TRANSFERABLE – The documentary credit is revocable and transferable

Article 3 of UCP600 stated that “…a credit is irrevocable even if there is no indication to that effect”.

This article says that, if none of the above codes are expressly indicated in field 40A of the SWIFT format, the LC is deemed irrevocable. Since field 40A is a mandatory field, it is a practice by banks worldwide to expressly indicate a code under this field. Article 3 of UCP600 is merely discouraging the practice of issuing a revocable LC to protect the interest of the seller. But this does not however, prohibits the practice of issuing a revocable LC. By virtue of article 1 which says, “…they are binding on all parties thereto unless expressly modified or excluded by the credit”.

This article allows both parties to modify or exclude some or part of the articles where a revocable LC may be an option.

LC SWIFT Format: Field 27 (Sequence of Total)

As I mentioned in the previous post, LC is a message containing ‘to do list’, information, instruction which forms what is called terms and conditions. As LC is practiced worldwide, the terms and conditions expressly indicated must be arranged in a systematic order so as not to raise any misunderstanding and confusion. Therefore, they are arranged in a sequence order applied worldwide in a format developed by Society for Worldwide Interbank Financial Telecommunication or in short, SWIFT. LC messages travel from bank to bank electronically and finally delivered to seller in hard copy. There are various SWIFT Message Types (MT) used for a different purposes:

Category 0 – Financial System Messages
Category 1 – Customer payments & Cheques
Category 2 – Financial Institution Transfers
Category 3 – Treasury
Category 4 – Collection & Cash Letters
Category 5 – Securities
Category 6 – Treasury Markets
Category 7 – Documentary Credits & Guarantees
Category 8 – Travellers Cheque
Category 9 – Cash Management & Customer Status

LC is issued using MT category 7, which is specifically known as MT700/701 comprising an assigned sequence ‘fields’.

The first field of MT700/701 is field 27 (sequence of total). This field requires only number or figure to be indicated without alphabet and this field is a mandatory field. In other words, it must present and must be indicated. This field represents number of message and total number of messages.

For example, if 1/1 is indicated, it means that this is the only message in one page. 1/2 indicates that this is the first message of a total of 2 messages. In this case, the receiving bank must ensure that it receives both of the messages marking 1/2 and 2/2 under field 27. This is very important because LC carries monetary value and failure to receive all messages would caused unnecessary problem. In some instances, the message can be more than 3 pages.