BACK-TO-BACK LETTERS OF CREDIT
Back-to-back letters of credit are an arrangement which benefit both recipients and issuers. A back-to-back letter of credit is two (or more) independent letters of credit, between two different parties. It is one where a primary or issuing bank provides a letter of credit that is backed by a separate guarantee from a second bank (the confirming bank). Each letter of credit is independent from the other and both banks are indemnified by each other in the event that a claim is made by the recipient against either.
The structure of a back to back letter of credit is such that a first bank (Issuing Bank A) issues a letter of credit in favor of an exporter (Exporter) promising to pay the Exporter an agreed amount if the documents of title confirming shipment of goods to an importer (Applicant) are presented. The Exporter can then present these documents to a second bank (Issuing Bank B) which in turn provides another letter of credit to the Exporter, guaranteeing payment of the proceeds of the sale of goods. This in turn is paid to the Applicant’s order.
Back-to-back letters of credit are governed by the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (UCP). These standards provide clarity on the underlying documentation and security involved in a back-to-back letter of credit agreement.
The main advantage of a back-to-back letter of credit is that it allows Exporters to protect their interests whilst releasing goods to the Applicant. Issuers also benefit from these arrangements as they are able to reduce risk and provide more flexibility to their customers. This is because if the Applicant fails to make payment to the first issuer, the second issuer will indemnify them.
It is important to note that there are some risks associated with back-to-back letters of credit. For example, if the first issuer does not pay the Exporter, or does not indemnify the second issuer, the Exporter may suffer a financial loss as a result. Additionally, if the Applicant does not pay the second issuer then this can also cause delays in payment to the Exporter.
In conclusion, back-to-back letters of credit are advantageous for both recipients and issuers. The arrangement allows Exporters to protect their interests whilst releasing goods to the Applicant, and Issuers to reduce their risk and provide more flexibility to their customers. However, as with any financial transaction, there are some risks associated with these documents and it is therefore important to be aware of these before entering into such an arrangement.