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" are restrictive or ambiguous terms in a letter of credit that may expose the beneficiary 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) Carefully review the 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.