Question 2: Case study (2.0 marks) L/C: T12345HBI dated 28th April, 2021 Amount: USD215,863.75 L/C at sight Advising Bank: OCBC Shanghai Beneficiary: Champland Steel Co., Ltd - HongKong Applicant: Phuc Anh Co., Ltd Issuing bank: ABC bank, Vietnam After examining the presented documents, ABC bank advised the applicant about the compliance of documents and then Phuc Anh Co. agreed to pay and receive the documents for taking delivery. ABC bank debited Phuc Anh's account and transferred money to the beneciary on Friday 11th June 2021. 2/3 In the morning of 12nd July, 2021, Phuc Anh completed the imported customs clearance and trucked the container to their warehouse, but when the container went through the scaling machine, the machine showed that the weight of the container was very light, not same as the nature of the ordered goods. Phuc Anh immediately advised the ABC bank to hold the payment, but it was impossible because the transferring order went out. According to ABC bank's recommendation, Phuc Anh asked SGS VN to survey the container while unpacking this container, and the survey report showed that the goods shipped in container were not ones ordered by Phuc Anh. a. Who bears the above risk? Why? (0.5 marks) b. Please suggest solutions to protect Applicant's benefit in future. (0.5 marks) c. Another shipment (2 containers) which is also paid by at sight L/C sent by Champland will arrive HaiPhong Port in 2 more days, ABC bank is about to examine the documents. In position of ABC bank, what would you do to protect the importer's benefit? (1.0 mark)
Question
Question 2: Case study (2.0 marks) L/C: T12345HBI dated 28th April, 2021 Amount: USD215,863.75 L/C at sight Advising Bank: OCBC Shanghai Beneficiary: Champland Steel Co., Ltd - HongKong Applicant: Phuc Anh Co., Ltd Issuing bank: ABC bank, Vietnam After examining the presented documents, ABC bank advised the applicant about the compliance of documents and then Phuc Anh Co. agreed to pay and receive the documents for taking delivery. ABC bank debited Phuc Anh's account and transferred money to the beneciary on Friday 11th June 2021. 2/3 In the morning of 12nd July, 2021, Phuc Anh completed the imported customs clearance and trucked the container to their warehouse, but when the container went through the scaling machine, the machine showed that the weight of the container was very light, not same as the nature of the ordered goods. Phuc Anh immediately advised the ABC bank to hold the payment, but it was impossible because the transferring order went out. According to ABC bank's recommendation, Phuc Anh asked SGS VN to survey the container while unpacking this container, and the survey report showed that the goods shipped in container were not ones ordered by Phuc Anh. a. Who bears the above risk? Why? (0.5 marks) b. Please suggest solutions to protect Applicant's benefit in future. (0.5 marks) c. Another shipment (2 containers) which is also paid by at sight L/C sent by Champland will arrive HaiPhong Port in 2 more days, ABC bank is about to examine the documents. In position of ABC bank, what would you do to protect the importer's benefit? (1.0 mark)
Solution
a. The risk is borne by the applicant, Phuc Anh Co., Ltd. This is because the Letter of Credit (L/C) is a document that guarantees the payment to the beneficiary (Champland Steel Co., Ltd) once the conditions specified in the L/C are met. In this case, the payment was already made by the issuing bank (ABC bank) to the beneficiary before the discrepancy in the goods was discovered.
b. To protect the applicant's benefit in the future, they could consider the following solutions:
- Insist on a thorough inspection of the goods before shipment or upon arrival, possibly by a third-party inspection agency.
- Include specific conditions in the L/C that allow for payment cancellation or return of goods if they do not meet the specified standards or requirements.
- Purchase insurance that covers risks associated with international trade.
c. As ABC bank, to protect the importer's benefit for the upcoming shipment, the following steps could be taken:
- Request an immediate inspection of the goods upon arrival before releasing the payment.
- Re-examine the terms of the L/C to ensure they provide adequate protection to the importer.
- Communicate with the advising bank (OCBC Shanghai) and the beneficiary (Champland Steel Co., Ltd) about the issue with the previous shipment and seek assurances or guarantees for the upcoming shipment.
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