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I. Short questions 1.After Bank X advised exporter Y of the L/C, the shipment was made. When the cargo was on the way, the importer filed for bankruptcy. Is Y out of luck of collecting the payment? Can the opening bank refuse to make reimbursement to the negotiating bank? Why or why not? 2.An L/C does not indicate whether it is revocable or not, is it revocable? Can a revocable credit be transferable? 3.After a gullible importer paid Bank C against the seemingly correct shipping documents, he went to take the delivery, but found out that the goods were inferior counterfeits. Is Bank C liable under UCP600? Can the importer do anything in order to recover the loss? 4.An exporter, Wu Co., received an L/C issued by Bank B and confirmed by Bank K. After Wu shipped the goods, Bank B declared bankruptcy. Will Wu have sleepless nights? 5.Does a payment credit differ from a sight credit? 6.Are the following credits transferable? (A) This L/C is assignable; (B) This L/C is transmissible; (C) This L/C is fractionable; (D) This L/C is divisible. 7.Under an anticipatory credit, the exporter made an advance, but disappeared without presenting the documents as required. Who is liable for repayment of the advance? 8.Use an example to explain why a back-to-back credit is needed. 9.What is the difference between a back-to-back credit and a transferable credit? II. Case Studies 10.On September 1, X Company signed a contract to export goods to the U, S. On September 30, City Bank sent an irrevocable L/C with an amount of USD30,000. The L/C stipulated shipment during October, and Bank of Tokyo to be the reimbursing bank. On October 2, Bank of China advised X of the L/C. But ten days later, X learnt that the importer was near bankruptcy. How should X deal with the situation? 11.F, a state-owned enterprise, signed a contract to import 1000 M/T of galvanized steel sheets from an H.K. company. On March 1, a Shanghai bank issued the L/C for USD200,000. On March 24, container shipment was made. On March 25, the negotiating bank in H.K. negotiated the draft along with the shipping documents. On March 26, the opening bank received the “clean B/L” while the sealed container arrived at Shanghai. On March 30, it was found that inside the container were rusted iron drums, rather than the ordered steel sheets. The issuing bank was immediately notified of the fraud, but it could not refuse to take up the documents. On April 5, F Co. uncovered that the commodity specified on the B/L was 50 mm, inconsistent with 50 cm required by the L/C. On April 14, the issuing bank requested the HK bank to exercise the right of recourse. (a) Would there be any problem with the recourse? (b)What were the lessons? 12.FF Company signed a contract to export goods to AA company in Africa. In September FF was notified of the L/C, but the money of account was different from that required by the sales contract. Besides, the goods were not ready for shipment. In November, AA urged FF to deliver the goods. FF requested an L/C amendment and an extension of the shipment date. The next day, AA cabled back, “L/C amended.” FF shipped the goods. However, the amended L/C never arrived, and the opening bank refused to pay against the shipping documents. The goods were stored in the warehouse at the port of destination; FF had to pay much rent and insurance. At this time, AA requested D/A. Should FF accept it? Is there any lesson to be learnt from this case? 13.A Chinese bank issued standby Ls/C totaling millions of U. S. dollars, in favor of a U.S. company. These were irrevocable, transferable standby Ls/C valid for one year. When questioned by the supervising agency 5 the bank stated that these were merely evidence of absorbed foreign investment, “ It has no obligation to repay principal and interest, and bears no responsibility, economic or legal, for the funds. ” Was there any risk for the bank?
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