THE UNIFORM RULES FOR BANK-TO-BANK REIMBURSEMENTS UNDER DOCUMENTARY CREDITS (URR 725)
ICC UNIFORM RULES FOR BANK-TO BANK REIMBURSEMENTS (URR 725)
v Direct Reimbursement.
v Bank to Bank Reimbursement
v URR 725 and UCP 600
v Effective Date: October 01, 2008
Article 1: Application of URR
The Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits, ICC Publication No.725, Shall apply to any bank-to- bank reimbursement when the text of the reimbursement authorization expressly indicates that it is subject to these rules. They are binding on all parties thereto, unless expressly modified or excluded by the reimbursement authorization.
The issuing bank is responsible for indicating in the credit that reimbursement is subject to these rules. And then, the reimbursing bank acts on the instructions and under the authority of the issuing bank.
These rules are not intended to override of change the provisions of the UCPDC
Article 2: Definitions
v Issuing Bank
v Reimbursing Bank
v Reimbursement Authorization
v Claiming Bank
v Reimbursement Claim
v Reimbursement Undertaking
v Reimbursement Undertaking Amendment
For the purposes of these Rules branches of a bank in different countries are considered to be separate banks.
Article 3: Reimbursement Authorizations Versus Credits
v Reimbursement Authorization is separate from the credit
v Reimbursing Bank is not concerned with or bound by the terms and conditions of the Credit, even if any reference whatsoever is included in the Reimbursement Authorization
Article 4 : Honour of a Reimbursement Claim
v Except as provided by the terms of Reimbursement Undertaking a Reimbursing Bank is not Obligated to honour a Reimbursement Claim.
Article 5 :Responsibilities of the Issuing Bank
v Issuing Bank is responsible for providing the information required in both the Reimbursement Authorization and Credit, and responsible for any consequences resulting from non-compliance with this provision
Article 6 : Issuance and Receipt of a Reimbursement Authorization or Reimbursement Amendment
v All reimbursement authorization and reimbursement amendments must be issued in the form of an authenticated teletransmission of a signed letter
v An issuing bank must not sent t RB:
v A copy of the credit of any part thereof, or a copy of an amendment to the credit in place of or multiple reimbursement authorization ( if not agreed).
Article 6 : Issuance and Receipt of a Reimbursement Authorization or Reimbursement Amendment
v An issuing bank shall not require a certificate of compliance with the terms and conditions of the credit in the reimbursement authorization
v A reimbursement authorization must state : Credit number; currency and amount; additional amounts payable and tolerance, if any; claiming bank or, in the case of a freely available credit, that claims can be made by any bank. In the absence of any such indication, the reimbursing bank is authorized to pay any claiming bank; parties responsible for charges. A reimbursement amendment must state only the relative changes to the above and the credit number.
Article 6 : Issuance and Receipt of a Reimbursement Authorization or Reimbursement Amendment
v If the Reimbursing Bank is requested to accept and pay a time draft (s), the Reimbursement Authorization must also indicate : Tenor of Draft (s) to be drawn; Drawer Party responsible for acceptance and discount charges, if any
v An issuing bank should not require a sight draft to be drawn on the reimbursing bank
Article 6 : Issuance and Receipt of a Reimbursement Authorization or Reimbursement Amendment
v Any requirement for :
Pre-notification of a reimbursement claim to the issuing bank must be included in the credit and not in the reimbursement Authorization
Pre-debit notification to the issuing bank must be indicated in the credit
Article 7 : Expiry of a Reimbursement Authorization
v The reimbursement authorization should not be subject to an expiry date or latest date for presentation of a claim, except as indicated in Article 9.
v The issuing bank must cancel its reimbursement authorization for any unutilized portion of the credit to which it refers, informing the reimbursing bank without delay.
Article 8 : Amendment of Cancellation of Reimbursement Authorizations
v The issuing bank may issue a reimbursement amendment or cancel a reimbursement authorization at any time upon sending notice to RB
v The issuing bank must send notice of any amendment to the nominated bank or ; in the case of a freely available credit, the advising bank. In case of cancellation of the reimbursement authorization, the issuing bank must provide the nominated bank or the advising bank with new reimbursement instructions.
v The issuing bank must reimburse the RB for any reimbursement claims honored or draft accepted by the RB prior to the receipt by it of a notice of cancellation or amendment.
Article 9: Reimbursement Undertakings
v An authorization or request by the issuing bank to the reimbursing bank to issue a reimbursement undertaking is irrevocable and must contain the following: credit number; currency and amount, additional amounts payable and tolerance, if any; full name and address of the claiming bank to which the reimbursement undertaking should be issued; latest date for presentation of a claim, including any usance period, parties responsible for charges ( claiming bank’s and reimbursing banks’ charges and reimbursement undertaking fee ) in accordance with article 16 of these rules.
Article 9: Reimbursement Undertakings
v A reimbursement undertaking must indicate the terms and conditions of the undertaking and credit number and issuing bank; currency and amount of the reimbursement authorization; Additional amounts payable and tolerance, currency and amounts, Latest date for presentation of a claim; the party to pay the fee, if other than the issuing bank. The reimbursing bank must also include its charges, if any, that will be deducted from the amount claimed.
v If the latest date for presentation of a claim falls on a day when the reimbursing bank is closed, the latest date for presentation of a claim will be extended to the first following banking day
Article 9: Reimbursement Undertakings
v A reimbursing bank is irrevocably bound to Honour a reimbursement claim as of the time it issues the reimbursement undertaking.
v An irrevocable reimbursement authorization cannot be amended or cancelled without the agreement of the reimbursing bank
Article 10: Standards for reimbursement claims
v The claiming bank’s claim for reimbursement: must be in the form of a teletransmission, unless specifically prohibited by the reimbursement authorization or an original letter.
v Must clearly indicate the credit number and the issuing bank; must separately stipulate the principal amount claimed, any additional amount due and charges, must not be a copy of the claiming bank’s advice of payment, deferred payment, acceptance multiple reimbursement claims under on teletransmission or letter.
v Must, in the case of a reimbursement undertaking, comply with the terms and conditions of reimbursement undertaking
Article 10: Standards for reimbursement claims
v When a time draft is to be drawn on the reimbursing bank, the claiming bank must forward the draft with the reimbursement claim to the reimbursing bank for processing and include, where appropriate, the following : general description of the goods, services or performance, country of origin; place of destination or performance
v If the transaction covers the shipment of merchandise : date of shipment ; place of shipment
Article 11: Processing Reimbursement Claims
v A reimbursing bank shall have a maximum of three banking days following the day of receipt of the reimbursement claim to process the claim
v A reimbursement claim received outside banking hours will be deemed to be received on the next following banking day
v If a pre-debit notification is required by the issuing bank, this pre-debit notification period shall be in addition to the processing period.
Article 11: Processing Reimbursement Claims
v When a reimbursing bank has not issued a reimbursement undertaking : the reimbursement claim must specify the predetermined reimbursement date; the reimbursement claim should not be presented to the reimbursing bank more than ten banking days prior to such predetermined date. If a reimbursement claim is presented more than ten banking days prior to the predetermined date, the reimbursing bank may disregard the reimbursement claim. If the reimbursing bank disregards the reimbursement claim, it must so inform the claiming bank by teletransmission or other expeditious means without delay.
Article 12: Duplications of Reimbursement Authorizations
v An issuing bank must not, upon receipt of documents, give a new reimbursement authorization or additional instructions unless they constitute an amendment to, or a cancellation of, an existing reimbursement authorization. The reimbursing bank assumes no liability or responsibility for any consequences that may arise from any such duplication
Article 13: Foreign Laws and Usages
v The issuing bank shall be bound by and shall indemnity the Reimbursing Bank against all obligations and responsibilities imposed by foreign laws and usages
Article 14: Disclaimer on the Transmission of Messages
Article 15: Force Majeure
Article 16: Charges
v A reimbursing bank’s charges are for the account of the issuing bank. If a reimbursement authorization states that the reimbursing bank’s charges are for the account of the beneficiary, they shall be deducted from the amount due to a claiming bank when reimbursement is made. When a reimbursing bank follows the instructions of the issuing bank regarding charges and these charges are not paid, or a reimbursement claim is never presented to the reimbursing bank, the issuing bank remains liable for such charges.
Article 17: Interest Claims / Loss of value
v Any claim for loss of interest, loss of value due to any exchange rate fluctuations, revaluations or devaluations are between the claiming bank and the issuing bank, unless such losses result from the non-performance of the reimbursing bank under a reimbursement undertaking
