Reimbursement v Payment


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I want to know what is the difference if any between

  1. negotiation under reserve & negotiation with indemnity.
  2. Direct Reimbursement & Indirect Reimbursement
Thanks and best regards


Response from T.O. Lee:

Here is my response to "direct reimbursement".

If the "reimbursement" to the beneficiary alone (not to any nominated bank) comes directly from an issuing bank itself, it is not a "reimbursement" but rather a payment under article 7 of UCP 600 to fulfil the duty of an issuing bank against a complying presentation. Similarly the payment from a confirming bank to a beneficiary is also a payment under article 8 of UCP 600, not a reimbursement.

If the "payment" to the nominated accepting, paying (sight or deferred) or negotiating bank or the confirming bank that has paid the beneficiary comes from the issuing bank itself, then this reimbursement may be termed as "direct reimbursement" because this reimbursement (not payment) does not come through an agent, the reimbursing bank. This includes direct debiting the account of the issuing bank with the nominated bank.

One may argue that a payment can be direct and indirect (through a third party such as a reimbursing bank). Hence personally I do not encourage use of such terms that are not defined in UCP 600 as they would only create more litigations.

From my experience, a lot of DC practitioners, and their lawyers too, would like to show off their competence in UCP by creating such terms that would only demonstrate their incompetence. I have seen a lot of these. ICC Banking Commission should issue a statement to discourage such practices.

 
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