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F. Transferable Credit
Article 48 Transferable Credit
a A transferable Credit is a Credit under which the Beneficiary (first Beneficiary) may request the bank authorised to pay, incur a deferred payment undertaking, accept or negotiate (the ‘Transferring Bank’), or in the case of a freely negotiable Credit, the bank specifically authorised in the Credit as a Transferring Bank, to make the Credit available in whole or in part to one or more other Beneficiary(ies) (Second Beneficiary(ies))..
b A Credit can be transferred only if it is expressly designated as ‘transferable’ by the Issuing Bank. Terms such as ‘divisible’, ‘fractionable’, ‘assignable’, and ‘transmissible’ do not render the Credit transferable. If such terms are used they shall be disregarded.
c The Transferring Bank shall be under no obligation to effect such transfer except to the extent and in the manner expressly consented to by such bank.
d At the time of making a request for transfer and prior to transfer of the Credit the First Beneficiary must irrevocably instruct the Transferring Bank whether or not he retains the right to refuse to allow the Transferring Bank to advise amendments to the Second Beneficiary(ies). If the Transferring Bank consents to the transfer under these conditions, it must, at the time of transfer, advise the Second Beneficiary(ies) of the the First Beneficiary’s instructions regarding amendments.
e If a Credit is transferred to more than one Second Beneficiry(ies), refusal of an amendment by one or more Second Beneficiary(ies) does not invalidate the acceptance(s) by the other Second Beneficiary(ies) with respect to thom the Credit will be amended accordingly. With respect to the Second Beneficiary(ies) who rejected the amendment the Credit will remain unamended..
f Transferring Bank charges in respect of transfers including commissions, fees, costs or expences are payable by the First Beneficiary, unless otherwise agreed. If the Transferring Bank agrees to transfer the Credit it shall be under no obligation to effect the transfer until such charges are paid.
g Unless otherwise stated in the Credit, a transferable Credit can be transferred once only, concequently, the Credit cannot be transferred at the request of the Second Beneficiary to any subsequent Third Beneficiary. For the purpose of this Article, a retransfer to the First Beneficiary does not constitute a prohibited transfer.
Fractions of a transferable Credit (not exceeding in the aggregate the amount of the Credit) can be transferred separately, provided partial shipments/drawings are not prohibited, and the aggregate of such transfers will be considered as constituting only one transfer of the Credit.
h The Credit can be transferred only on the terms and conditions specified in the original Credit, with the exception of
- the amount of the Credit
- the unit price stated therein,
- the expiry date,
- the last date for presentation of documents in accordance with Article 43
- the period for shipment
any or all of which may be reduced or curtailed.
The percentage for which insurance cover must be effected may be increaed in such a way as to provide the amount of cover stipulated in the original Credit or these Articles
In addition, the name of the First Beneficiary can be substituted for that of the Applicant, but if the name of the Applicant is specifically required by the original Credit to appear in any document(s) other than the invoice, such requirement must be fulfilled.
i. The first Beneficiary has the right to substitute his own invoice(s) (and Draft(s)) for those of the Second Beneficiary(ies), for the amounts not in excess of the original amount stipulated in the Credit and for the original unit prices if stipulated in the Credit, and upon such substitutuion of invoice(s) (and Draft(s)) the First Beneficiry can draw under the Credit for the difference, if any, between his invoice(s) and the Second Beneficiary’s(ies’) invoice(s).
When a Credit has been transferred and the First Beneficiary is to supply his own invoice(s) and Draft(s)) in exchange for the Second Beneficiary’s(ies’) invoice(s) (and Draft(s)) but fails to do so on first demand, the Transferring Bank has the right to deliver to the Issuing Bank the documents received under the transferred Credit, including the Second Beneficiary’s(ies’) invoice(s) (and Draft(s)) without further reponsability to the First Beneficiary.
j. The First Beneficiary may request that payment or negotiation be effected to the Second Beneficiary(ies) at the place to which the Credit has been transferred up to and including the expiry date of the Credit, unless the original Credit expressly states that it may not be made available for payment or negotiation at a place other than that stipulated in the Credit. This is without prejudice to the First Beneficiary’s right to substitute subsequently his own invoice(s) (and Draft(s)) for those of the Second Beneficiary(ies) and to claim any difference due to him.
G. Assignment of Proceeds
Article 49 Assignment of Proceeds
The fact that a Credit is not stated to be transferable shall not affect the Beneficiary’s right to assign any proceeds to which he may be, or may become, entitled under such Credit, in accordance with the provisions of the applicable law. This Article relates only to the assignment of proceeds and not to the assignment of the right to perform under the Credit itself.
Source: The International Chamber of Commerce (ICC), Paris -
ICC Uniform Customs and Practice for Documentary Credits - 1993 Revision,
ICC Publication No. 500
No responsibilty for any errors
Gustav Mohn, Letter of Credit Consultant
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