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Temporary Administration – ICC Opinion R720 (TA712rev)

21/02/2018

This question related to 13 documentary credits that had been issued by a bank that was subsequently placed under temporary administration, by the respective Central Bank in their country, and who had not honoured the drawings under these credits due to that status. It would now seem that the bank has been re-formed under another name, but the drawings remain outstanding.

The conclusion reflects the fact that given the administration order imposed by the Central Bank there is little that the ICC can do to bring this to a speedy conclusion. The issuing bank has an obligation to honour the drawings that were made under the credits, which the issuing bank previously confirmed represented complying presentations thereunder. Once the Central Bank conclude their findings, it is hoped that reimbursement will be made.

See opinion R720 (TA.712rev) for the full transcript of the above.

 

 

 

 

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