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At Sight or Deferred
With payment at sight, the bank authorised to pay shsould pay the exporter immediately it finds the documents presented to be in order. (The authorised bank is usually the Advising Bank, which is also the exporter's own bank.) If payment is to be made by the Issuing Bank in the exporter's own country, the Advising Bank may offer to pay, subject to payment of interest for the transit time of documents.

With deferred payment, the bank authorised to pay should pay the exporter on the maturity date specified by the Credit, provided it finds the documents presented to be in order. The bank is not obliged to pay earlier unless the Credit specifically indicates that the beneficiary may be paid on sight terms, with interest for the account either of the exporter or the buyer in the terms agreed between them and stated in the Credit.

Nevertheless market practice does allow payment to be made on sight terms outside the terms of the Credit, with recourse to the beneficiary and subject to an additional commission.

Acceptance and negotiation

With payment by acceptance, the Credit may require drafts to be drawn on:

  • The Issuing Bank – the Issuing Bank would accept such drafts upon presentation of conforming documents by the exporter and pay them at maturity
  •  The Advising Bank, if the Advising Bank agrees – the Advising Bank would accept such drafts upon presentation of conforming documents by the exporter and pay them at maturity.

In both cases, the exporter would be able to obtain immediate funds by discounting the acceptances. By negotiation, the exporter can get immediate payment from the authorised Negotiating Bank, subject to payment of interest until the Negotiating Bank itself receives payment from the Issuing Bank.

Discounting and purchasing term bills

Discounting and purchasing term bills If the exporter and buyer discuss payment on deferred terms (with or without bills of exchange), the exporter  should try to get the buyer to include in the Credit a condition that specifically authorises payment to the exporter on sight terms upon presentation of conforming documents. The condition should also indicate  whether interest for the term is for the account of either the exporter (discounting) or buyer (purchasing).

Including such a condition will improve the likelihood that the exporter will be paid immediately without having to wait for maturity.

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Confirmation and silent confirmation

If the buyer is located in an unstable country or there are doubts about the Issuing Bank, the exporter may be well advised to request the buyer to arrange for the Credit to be confirmed by a well-respected bank in the exporter's own country. The exporter will have extra commission to pay, but the whole Credit transaction will be made more secure by confirmation. The exporter will have the irrevocable undertaking of a respected bank in his own country, which minimises the risk associated with the buyer, the Issuing Bank or the buyer's
country. 

  •  At the specific request of the Issuing Bank, and
  •  In addition to the Issuing Bank's own undertaking.

However, if the Issuing Bank has not authorised any bank to confirm the Credit, it is still possible for the exporter to request a suitable bank in his country to confirm the Credit. Such a bank, if it consents, would act silently, i.e. would not advise the Issuing Bank of the arrangement. The bank would require the exporter to complete legal documentation acknowledging that the bank has recourse to the exporter and indicating that all rights of the beneficiary under the Credit are assigned to the bank.


Assignment of proceeds

500 allows an exporter to assign any proceeds to which he may be (or may become) entitled under a Credit. Such assignment relates only to the proceeds and not to the right to "perform" under the Credit (i.e. to tender documents or to do anything else that the beneficiary may do or be required to do under the Credit).

The assignee’s rights, if any, are solely in respect of any money that may be paid under the Credit.

The exporter might use this right to assign the proceeds of a Credit in one of two ways:

  •  If the exporter is not the supplier, he could assign enough of the Credit to meet the amount due to the supplier.
  •  If the exporter is himself the supplier, assigning the proceeds may enable his bank to advance him  the funds he needs to purchase materials or goods.


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