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You have issued L/C, where it is assigned to third party, the documents submitted could not be verified and may it is Fake B/L SGS,COA, what y'll do?

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تم إضافة السؤال من قبل Tariq Al Farah , Commercial Manager , Zeus International Management Consulting & Trade LLC
تاريخ النشر: 2014/03/30
Krishna Nair
من قبل Krishna Nair , Contract and Legal Executive , DP World

LC are issued in a contract between the parties if we consider that this was tri party contract then the terms of the signed tri party agreement must be complied prior to the issuance of the LC

Other hand it is considered as the breach of the contract by the other party or parties 

Tariq Al Farah
من قبل Tariq Al Farah , Commercial Manager , Zeus International Management Consulting & Trade LLC

THANKS FOR YOUR REPLY, BUT TO GET YOU UNDERSTAND THE POINT.

IN CASE DOCUMENTS PRESENTED AS YOU KNEW THAT BANKS ARE RESPONSIBLE OF THE VERBIAGE AND WORDING OF THE L/C TERMS AND THE DOCUMENTS PRESENTED BY THE SUPPLIER HAS NO DISCREPANCIES.

THE BANK CASH THE L/C TO THE SUPPLIER

THE DOCUMENTS AFTER YOU RELEASED THEM YOU DISCOVERED THAT IS FAKE

SO WHAT WILL BE YOUR SITUATION AND HOW YOU WILL SORT THIS ISSUE!

 

IF YOU ANSWER THAT QUESTION IN THE RIGHT WAY,  YOU ARE PROFESSIONAL EXPERT IN BANKING  

Ephraim Joseph Arevalo
من قبل Ephraim Joseph Arevalo , Administrative Officer , Electro Pro Trading

Technically, most L/C's are IRREVOCABLE making banks bound to honor the L/C as long as all documents necessary are verified and cleared by the Advising and Confirming bank. It cannot be revoked without the written consent of the beneficiary and the confirming bank. However, if the L/C is REVOCABLE then the bank can unilaterally be altered or revoked by the issuing bank.

 

In the above-mentioned case, it appears that the L/C is irrevocable as the issuing bank cannot exercise its right to cancel the L/C based on the assumption that it is fake or dubious. Since the bank cannot cancel without the written consent of the beneficiary and the confirming bank, its main recourse is to go to Court and seek an Order freezing the L/C until the documents are verified and cleared.

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