При условии, что речь идет о валютных аккредитивах - если аккредитив предполагает некую отрочку платежа после предоставления документов, подтверждающий/исполняющий банк может по просьбе бенефициара оплатить документы ранее наступления срока платежа, взяв за это определенную комиссию. Как это согласуется с российским валютным законодательством - не могу знать, возможно коллеги помогут. Но в общем это работает примерно так, как я описал выше.
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R398 from the 2000-01 Queries
When has a bank negotiated against documents and when has it paid against documents?
From Rule and Articles UCP500 Sub-Articles 9(a)(i), 9(a)(iv) and 10(b)
The matter in dispute is an operational aspect of documentary credits, namely the releasing of the value of documents received under a 'sight' letter of credit, which at times is referred to as negotiation, and others, as payment.
What I should like to know is when do we say that a bank has negotiated documents and when a bank has paid against documents?
I hold the view that when a bank, other than the issuing bank or a confirming bank, releases value against documents tendered under a letter of credit it negotiates the documents, and when the issuing bank or a confirming bank releases value, it pays against the documents.
However, some also believe that when a bank, though not a confirming bank, releases the value of documents, immediately reimbursing itself by debiting the account of the issuing bank which is maintained with it, that bank too, 'pays' and does not 'negotiate'. I disagree.
Still others say 'negotiation' is possible only when the beneficiary has made out a draft (at sight) on the issuing bank/confirming bank, as stipulated in the credit, and when an intermediary bank releases its value. If the credit does not indicate that to avail himself of the credit the beneficiary should present a draft, the bank that releases the value of the documents 'pays' and does not 'negotiate'.
Another matter that needs to be clarified concerns the situation that occurs when a draft payable at a future date is presented under a letter of credit and an intermediary bank releases a sum of money against it (taking, of course, into account when determining the amount to be released, the intervening period until maturity). Can we say that such bank is 'negotiating'? Is it not 'discounting'?
By definition, a 'sight' negotiation credit is one which requires the bill of exchange (draft) to be drawn on a party other than the nominated bank, e.g. a bill of exchange drawn on the issuing bank. This type of credit will, invariably, state that reimbursement is to be provided by the issuing bank upon their receipt of documents. However, this does not restrict banks from issuing such advices allowing their account to be debited with the nominated bank or authorizing reimbursement from a third bank.
A payment credit is one which requires the bill of exchange to be drawn on the nominated bank with immediate reimbursement for any payment(s) made being authorized in the credit.
It should be noted that in either of the above definitions, a credit may be designated as being available by negotiation or payment without the need to require presentation of a bill(s) of exchange.
In all cases, the issuing bank 'pays' under a sight letter of credit by virtue of the definition of the issuing bank's irrevocable undertaking stated in UCP 500 sub-Article 9(a)(i) "if the credit provides for sight payment - to pay at sight" and in sub-Article 9(a)(iv) "if the Credit provides for negotiation - to pay without recourse...".
When deciding whether to issue a credit as being available by payment or negotiation, the issuing bank may be guided (or indeed instructed) by the applicant who has been requested to issue such a credit by the beneficiary. If the beneficiary requires that settlement for his documents be effected in his own country, he will request that the credit be made available by payment, thereby ensuring that any settlement is made without deduction of interest. A negotiating or paying bank has the same rights under UCP 500 as if they were both a nominated bank, as specified in sub-Article 10(b).
In most jurisdictions, a bank which advances funds under a usance credit "discounts" when the bill of exchange has been drawn on the nominated bank and "negotiates" when the bill of exchange has been drawn on another party.
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