When using the eUCP, each involved party should ensure they are prepared. We have put together some guidance in this regard.
- ensure that any request for the issuance of a credit expressly clarify and determine the appropriate documentary requirements as agreed with the beneficiary.
- documentation must also provide a suitable level of assurance as to the quality, standard and/or type of goods being purchased, thereby enabling a trouble-free importation of the goods.
- jointly agree with the beneficiary of the credit that presentation of electronic records will be permitted, and to determine which documents can be handled in this way.
- determine if its bank is prepared to issue a credit subject to the eUCP, and that required electronic records are in formats that are mutually compatible.
- review any changes relating to eUCP credits in their counter-indemnity agreement with the issuing bank.
Applicant and Beneficiary
- carefully consider the documents required for presentation, by whom they are to be issued, their data content and the time frame in which they are to be presented.
- documentary credits must not include wording that is ambiguous or subject to more than one interpretation, nor should they state conditions for which fulfilment cannot be ascertained from the face of a document.
- only documents that are necessary (e.g. for customs clearance purposes) should be required by the credit.
- determine that the document format is acceptable to the issuing and nominated banks.
- provide reassurance that it can present any required electronic records, and that such records will be in an acceptable format.
- ensure that any requirements for authentication of such electronic records, or addition of electronic signatures, can be fulfilled.
- if not able to comply with any requirement for presentation of electronic records, request the applicant to arrange for the credit application to be altered accordingly.
- responsibility to work with its clients in order to ensure that the issued documentary credit fully meets the needs of each applicant in terms of specifying the appropriate documentary requirements that will enable the smooth importation of the goods, and provide a suitable level of assurance, as to the quality, standard and/or type of goods being purchased.
- ensure that the documentary credit is in accordance with the bank's internal policies, procedures and regulatory guidelines to which it must adhere.
- incumbent upon the issuing bank to determine the workability of an applicant's instructions.
- ensure it is in a position to handle the credit.
- a nominated bank (advising, confirming, other nominated bank) should ensure it is prepared to act in the nominated capacity under an eUCP credit.
- an advising bank has no obligation to review a documentary credit or amendment to determine that its terms and conditions appear to be workable. A policy or decision to review all or some of the terms and conditions of a documentary credit is for each advising bank to make.
- It should be noted that even though a bank may advise a documentary credit, it has no obligation to examine documents (assuming that it is also a nominated bank), and when it does, there is no obligation for it to honour or negotiate a complying presentation.
- However, in respect of an eUCP credit, it is strongly recommended that, at the minimum, an advising bank clarifies that, should it decide to do so, it is in a position to process any required electronic records.
- A confirming bank accepts the documentary risk in the examination of documents. If the confirming bank determines that the documents comply it must honour or negotiate, notwithstanding any subsequent view of the issuing bank that the documents do not represent a complying presentation. As such, it is crucial that a confirming bank satisfy itself that it is in a position to deal with all aspects of eUCP credits.
- In particular, it is important to review the credit to ensure that the bank can meet any eUCP requirements.