A letter of credit is a written payment guarantee issued by a bank at the request of an importer (buyer) to an exporter (seller), serving as a common settlement method in international trade.
II. Soft Clauses in Letters of Credit
Soft clauses refer to restrictive or ambiguous terms in letters of credit that may expose beneficiaries to potential losses.
Common soft clauses include:
(1) Non-immediate effect clauses: Such as L/Cs requiring separate bank notification, authorization documents, or local regulatory approval to become effective. (2) Loss of cargo control clauses: For example, 1/3 original B/L sent directly by beneficiary,Air Transportationbills of lading, etc. (3) Importer-dependent clauses: Such as requiring non-standard factory inspection reports or quality certificates. (4) Conditional restriction clauses: Like specifying particular shipping routes, vessel age limits, or special transport documents. (5) Contradictory clauses: For instance, allowing combined transport B/L while prohibiting transshipment.
III. How to Avoid Risks from Soft Clauses
To mitigate risks from soft clauses, consider these strategies:
(1) Scrutinize documents: Identify soft clauses early and request amendments promptly. (2) Choose reputable banks: Major, well-known banks are less likely to include beneficiary-unfavorable terms. (3) Select creditworthy buyers: Verify buyer credibility and performance capability through credit reports.