Letter of Credit for Exports in India

A Letter of Credit (LC) is a crucial financial instrument in international trade, acting as a guarantee of payment from a bank to an exporter (seller) on behalf of an importer (buyer). This guarantee is contingent upon the exporter fulfilling the terms and conditions specified in the LC, such as providing the correct documentation and shipping the goods as agreed. LCs are particularly useful when dealing with new clients, in high-risk markets, or when the importer's creditworthiness is uncertain. They mitigate the risk of non-payment for the exporter, while also providing the importer with assurance that goods will be delivered as per the contract before payment is made.

The Letter of Credit Process

The process typically involves several key steps:

Agreement and Application: The importer and exporter agree on the terms of the sale. The importer then applies to their bank (the issuing bank) to open an LC in favor of the exporter.

LC Issuance: The issuing bank, after assessing the importer's creditworthiness, drafts the LC based on the sales agreement and transmits it to the exporter's bank (the advising bank).

Notification and Review: The advising bank notifies the exporter about the LC. The exporter reviews the LC to ensure all terms and conditions align with the sales agreement. Any discrepancies must be addressed immediately through amendments to the LC.

Shipment and Documentation: The exporter ships the goods and prepares the required documents as specified in the LC. This typically includes a commercial invoice, packing list, bill of lading, certificate of origin, and potentially other documents like an inspection certificate.

Document Submission: The exporter submits the documents to their bank (the nominated bank, which may be the advising bank).

Document Examination: The bank examines the documents to ensure they comply with the LC terms. Any discrepancies must be resolved before payment can be made.

Payment: If the documents comply, the bank forwards them to the issuing bank. The issuing bank then releases payment to the exporter's bank. The importer's account is debited, and the importer receives the documents to claim the goods.


Types of Letters of Credit

Several types of LCs cater to different trade needs:

Sight Letter of Credit: Payment is made immediately upon presentation of compliant documents.

Usance (Deferred) Letter of Credit: Payment is made after a specified period, allowing the importer to manage liquidity.

Standby Letter of Credit (SBLC): A secondary payment guarantee, acting as a safety net if the buyer defaults.

Revolving Letter of Credit: Used for recurring transactions with the same partner, allowing multiple withdrawals within a specified period.

Confirmed Letter of Credit: A second bank (often in the exporter's country) confirms the payment obligation, providing an extra layer of security.

Back-to-Back Letter of Credit: Used in intermediary trade, where a trader uses the first LC to issue a second LC to their supplier.

Red Clause Letter of Credit: Allows the exporter to receive an advance payment before shipping the goods.


Advantages of Using LCs

LCs offer several advantages:

Security for Exporters: Guarantees payment, reducing the risk of non-payment, especially in high-risk markets or when dealing with new buyers.

Security for Importers: Ensures goods are shipped and documents are provided as agreed before payment is made.

Facilitates Trade: Enables trade where credit information is difficult to obtain or the buyer's creditworthiness is questionable.

Access to Financing: Exporters can use the LC as collateral to obtain pre-shipment financing.

Choosing the Right Bank for an LC in India

When selecting a bank for an LC, consider these factors:

Processing Speed and Efficiency: Some banks, like HDFC Bank and ICICI Bank, are known for faster processing times.

Fee Structure and Cost: Compare issuance fees, amendment fees, advising fees, and other charges. Commercial banks typically charge between 0.75% to 1% of the LC value.

Risk Management and Compliance: Ensure the bank enforces UCP 600 compliance (the Uniform Customs and Practice for Documentary Credits) to minimize discrepancies.

Advisory Services: Seek banks that provide advisory services and trade finance education.

Key Considerations for Exporters in India

Obtaining an Importer-Exporter Code (IEC): It is mandatory to obtain an IEC for export/import from India. The application is filed online at www.dgft.gov.in.

Registration cum Membership Certificate (RCMC): Exporters need to obtain RCMC from the relevant Export Promotion Council or other authorities to avail benefits under the Foreign Trade Policy.

Documentation: Accurate and complete documentation is critical. This includes the commercial invoice, packing list, bill of lading, certificate of origin, and other documents as specified in the LC.

Compliance with Incoterms: Ensure the LC aligns with the agreed-upon Incoterms to clarify responsibilities related to shipping costs, insurance, and customs duties.

ECGC Coverage: Consider obtaining a policy from the Export Credit Guarantee Corporation of India (ECGC) to cover payment risks.

Customs Procedures: Follow the correct customs procedures, including obtaining a Business Identification Number (BIN) and filing the shipping bill.

Realization of Export Proceeds: Export proceeds should be realized in freely convertible currency within the stipulated timeframe (typically 9 months).

In the context of exports from India, a Letter of Credit (LC) is a crucial financial instrument that provides security to both exporters and importers. It guarantees payment to the exporter, provided they meet the terms and conditions outlined in the LC. The process involves several steps, from the importer applying for the LC to the bank releasing payment upon verification of the documents. Exporters must carefully review the LC terms, prepare accurate documentation, and comply with all regulations to ensure timely payment and successful transactions. Choosing the right bank, understanding the different types of LCs, and leveraging technology can further streamline the export process.