We will ensure full protection of your funds and interests by reducing risks even in transactions with new partners.
A letter of credit allows you to purchase the goods now and make the payment later, with minimal risks.
You make the payment only when the seller presents documents that comply with the terms of the letter of credit.
The terms of the letter of credit cannot be changed without the consent of all parties, ensuring the protection of the interests of the parties to the transaction.
What is a letter of credit?
A letter of credit is a written obligation of a bank issued at the instruction of the buyer (importer) in favor of the seller (exporter), to pay the latter a sum of money against the presentation of documents that comply with the terms stipulated in the letter of credit.
In what cases should a documentary letter of credit be used?
You are engaged in international trade, where there are a number of challenges, including a lack of mutual trust between the parties to the commercial transaction, numerous risks for both the buyer (importer) and seller (exporter), and a lack of financial resources necessary to complete the transaction.
Acba bank offers the use of a documentary letter of credit, which will help you overcome the challenges existing in international trade by minimizing your risks.
Benefits of a letter of credit for the buyer (importer):
the seller ships the goods before the buyer makes the payment,
payment is made after the seller ships the goods and presents the shipping documents, which minimizes the buyer’s risks,
any violation by the seller of the pre-approved shipping terms may result in non-payment for the shipped goods,
in the case of a letter of credit, the seller relies on the bank’s solvency and is confident that payment will be received after fulfilling all the conditions stipulated by the letter of credit. Therefore, without the risk of non-payment for the goods, the seller can ship the goods with deferred payment terms (e.g., 90 days from the date of issuance of the bill of lading),
if there are insufficient financial resources to pay the letter of credit amount, the Bank may simultaneously finance your trade transactions,
you can be confident that the seller will not receive the corresponding payment if they violate the pre-defined deadline for shipping the goods and fail to ship them within the period specified by you.
Benefits of a letter of credit for the exporter (seller):
the seller (exporter) is confident that they will receive payment for the shipped goods, because in the case of a letter of credit, the payment obligation toward the seller is transferred from the buyer (importer) to the Bank,
thanks to an export letter of credit, the seller can offer their partners deferred payment terms, which will contribute to increasing sales volumes and entering new markets. At the same time, payment for the goods can be received earlier against the presentation of the documents stipulated by the export letter of credit,
thanks to the secure payment method, the seller has the opportunity to offer more competitive terms in the international market,
the seller receives payment for the shipped goods before the goods reach the buyer,
the buyer cannot unilaterally cancel the commercial transaction or change any term without the seller’s prior consent.
The Bank may issue the following types of letters of credit:
By the nature of the commercial transaction:
Import letter of credit - the Bank issues the letter of credit at the instruction of the buyer (importer). An import letter of credit is one of the most widely used instruments for conducting international commercial transactions and is widely used in the banking system,
Export letter of credit - the Bank receives a letter of credit issued by another bank in favor of the seller (exporter). In the case of an export letter of credit, the Bank may provide short-term export loans to finance the packaging of goods or other production processes.
By the method of opening:
Confirmed letter of credit - at the request of the beneficiary, the letter of credit may be confirmed by another first-class bank acceptable to the beneficiary. The confirmation of a letter of credit constitutes an independent and additional obligation of the confirming bank to honor the letter of credit,
Unconfirmed letter of credit - the Bank issues the letter of credit by sending it directly to the advising bank and requesting the latter to advise the letter of credit to the beneficiary without assuming any additional obligations.
By purpose of use:
Irrevocable letter of credit - cannot be amended or cancelled by the Issuing Bank or Confirming Bank without the prior consent of the parties,
Revolving letter of credit - used for periodically recurring deliveries, which are usually carried out according to a schedule specified in the contract. It provides for the automatic reinstatement of the initial amount (quota) of the letter of credit after each utilization, up to the specified maximum amount,
Transferable letter of credit - provides for the possibility of full or partial utilization of the letter of credit by one or more persons. It allows the beneficiary to transfer their rights under the letter of credit, or part thereof, to other beneficiaries. This type of letter of credit can be used when the beneficiary is not the main supplier of the goods but acts as an intermediary between the buyer and the main supplier,
Standby letter of credit - is a special form of letter of credit and is essentially closer to a bank guarantee. It is advisable to use it as additional security for payments to be made in favor of the exporter,
Letter of credit with refinancing - a financial instrument under which, after verifying the documents presented under the letter of credit, the Confirming Bank immediately pays the supplier by providing a loan to the Issuing Bank.
Import Letter of Credit
The import letter of credit is issued on behalf of resident legal entities and business entities of the Republic of Armenia in favor of other resident and non-resident legal entities, organizations, business entities, state institutions, and financial institutions that have continuous operating experience during the last 12 months in the construction sector, the last 6 months in the manufacturing sector, and the last 3 months in the trade and services sector.
The import letter of credit is issued in AMD and foreign currency.
The maximum validity period of an import letter of credit is 12 months, while no minimum validity period is established. Depending on the specifics of the commercial transaction and the duration of contract performance, the validity period of the letter of credit may be set for up to 36 months.
No minimum amount is established for an import letter of credit, while the maximum amount is determined based on the amount of the customer’s own financial resources or the results of the financial and economic analysis of their activities.
At the request-instruction of a non-resident customer, an import letter of credit is opened only if it is fully secured by cash coverage.
| Issuance of an import documentary letter of credit fully secured by cash coverage | 0.15% of the import documentary letter of credit amount, minimum: AMD 35,000 |
| Issuance of an import documentary letter of credit without cash coverage or with partial cash coverage (secured by other collateral) | 0.2% of the import documentary letter of credit amount for each quarter, minimum: AMD 35,000 (charged as a one-time fee for the entire validity period of the letter of credit, while an incomplete quarter is considered a full quarter) |
| Financing of an import commercial transaction | According to the lending terms currently applicable at the Bank |
| Confirmation of an import documentary letter of credit | According to the tariffs of the confirming bank/banks |
| Amendment to the terms of an import documentary letter of credit | |
| Amendment/cancellation of the terms of an import documentary letter of credit | AMD 25,000 (in case of an increase in the amount or extension of the term, an issuance fee calculated proportionally to the amount of the amendment will be charged, without applying a minimum threshold) |
| Acceptance and examination of documents under an import documentary letter of credit | |
| In case of no discrepancies | AMD 25,000 per set of documents |
| In case of discrepancies | AMD 35,000 per set of documents containing discrepancies |
| Settlement under an import documentary letter of credit | |
| Payment of the letter of credit amount | According to the transfer tariffs currently applicable at the Bank |
| Deferred payment |
|
Issuance of a Standby Letter of Credit | |
|---|---|
| Issuance of a standby letter of credit secured by a pledge of monetary funds | 1% per year of the standby letter of credit amount, minimum: AMD 35,000 |
| Issuance of a standby letter of credit secured by other collateral | 2-3% per year of the standby letter of credit amount, minimum: AMD 40,000 |
| Confirmation of a standby letter of credit by another bank | According to the tariffs of the intermediary bank/banks |
| Amount deposited by the customer to cover intermediary bank fees | Contractual |
| Other transactions | |
| Amendment/cancellation of the terms of a standby letter of credit | AMD 30,000 + intermediary bank expenses (in case of an increase in the amount or extension of the term, an additional issuance fee calculated proportionally to the amendment will be charged, without applying a minimum threshold) |
| Payment of the standby letter of credit amount against a demand | 0.5% of the amount demanded under the standby letter of credit, minimum: AMD 35,000 |
The maximum validity period of a standby letter of credit is 24 months, while no minimum validity period is established.
A standby letter of credit, as a special type of import letter of credit, does not provide for financing of a commercial transaction.
The monetary funds securing the standby letter of credit may be in different currencies. If the standby letter of credit amount is fully secured by monetary funds in the same currency, the minimum collateral coverage ratio of the standby letter of credit (the ratio of the appraised value of the collateral to the letter of credit amount) is set at 100%, while if it is secured by monetary funds in different currencies, the minimum ratio is 120%.
Procedure for calculating the standby letter of credit issuance fee:
The standby letter of credit fee is charged at the time of issuance and is calculated using the following formula:
Annual standby letter of credit fee = Standby letter of credit amount × Annual interest rate × Standby letter of credit term
Example of calculating the annual standby letter of credit fee:
Standby letter of credit amount: EUR 100,000
Standby letter of credit term: 24 months
Standby letter of credit fee: 3% per year
The fee calculated for the entire contractual term will be:
100,000 × 3/100 × 2 = EUR 6,000
The amount of the letter of credit paid based on the Beneficiary’s written demand under the standby letter of credit must be repaid by the Customer within 14 (fourteen) calendar days from the date of payment of each installment, within the limits of the standby letter of credit amount.
Within 14 calendar days from the date of payment of each installment of the letter of credit amount, the Bank charges interest on the outstanding balance of the paid letter of credit amount at twice the bank interest calculation rate set by the Central Bank of the Republic of Armenia at that time.
The opening of an export letter of credit may be advised to the Bank by letter or through the international SWIFT network for financial communications.
Servicing of an Export Letter of Credit | |
|---|---|
| Advising of an export letter of credit | AMD 25,000 (including VAT) |
| Advising of an amendment to an export letter of credit | AMD 25,000 (including VAT) |
| Confirmation of an export letter of credit issued by another bank |
|
| Acceptance, examination and dispatch of documents under an export letter of credit | |
| The Bank acts as the nominated (confirming) bank | According to the tariffs for acceptance and examination of documents established for an import documentary letter of credit |
| The Bank acts as the advising bank | AMD 35,000 per set of documents |
| Other transactions | |
| Financing against documents presented under an export letter of credit (discounting of a bill issued in favor of the customer) | 0.25% of the bill value, minimum: AMD 25,000 + agreed lending interest rate |
| Transfer of a documentary letter of credit | |
| Transfer of a letter of credit | 0.15% of the amount of the transferable documentary letter of credit, minimum: AMD 35,000 |
| Additional terms | |
| The documentary letter of credit issuance fee is charged as a one-time fee at the time the documentary letter of credit is opened. | |
| An incomplete quarter is considered a full quarter. | |
| Intermediary bank fees and postal expenses are charged additionally. | |
For more details:
Detailed information on the amount of possible additional payments and all the points presented is available in the Trade Financing Instruments tariffs.
Previous terms of the Trade Financing Instruments
Factors for a positive decision on the provision of a letter of credit include assessment of the customer’s creditworthiness, the Customer’s clear understanding of the Bank’s obligations to be assumed toward the Beneficiary under the letter of credit, as well as the Customer’s subsequent obligations toward the Bank arising if the letter of credit is honored by the Bank, the Customer’s financial stability and solvency, credit history, reputation and standing, and collateral.
Factors for rejecting a letter of credit include insufficient financial indicators resulting from the analysis, the customer’s poor credit history, insufficient/lack of required collateral, the professional opinion of the Business Consultant, and the professional opinion of the Credit Committee.
The letter of credit is processed at the Bank’s Head Office and branches, except for the Komitas, Yeritasardakan, Teryan, Shinarnarner, Homplex Mall, Gyumri, Ashtarak, and Aragats branches. The complete list of the Bank’s branches is available here.
A decision regarding the letter of credit application is made within 1-20 banking days after the customer submits the application and the required package of documents.
The decision made by the Bank following the review of the letter of credit application is communicated to the Customer within 1 banking day.
The letter of credit is provided within 1-5 banking days after the Customer submits the complete package of documents required for the letter of credit and the collateral process has been completed.
If the letter of credit is provided against collateral in the form of real estate, a vehicle, agricultural and other machinery, equipment, and the property is appraised at AMD 30 million or more, the property must also be appraised by a qualified independent appraiser cooperating with the Bank.
The Bank has the right, in the event of fluctuations in the interest rates on funds raised and placed by the Bank in the financial market and/or changes in the financing rate and/or the existence of such prerequisites, to unilaterally change the fees stipulated by the Agreement by notifying the Customer at least 30 calendar days in advance. The changes will apply from the date specified in the notice.
In the case of letters of credit provided in foreign currency, changes in the foreign exchange rate may affect repayments of the paid letter of credit.
Interest on the paid letter of credit is calculated daily on the declining balance of the paid letter of credit from the time the letter of credit is actually paid.
The amount of the paid letter of credit is debited from the Customer’s foreign currency accounts in the currency in which the letter of credit was opened. Penalties, interest amounts, and fees of the Issuing Bank are debited from the Customer’s AMD accounts, while in the presence of confirming, advising, and other intermediary banks, the relevant foreign currency accounts are used. If the required amount is not available in the respective accounts, it is debited from the Customer’s other bank accounts. In this case, the purchase and sale of foreign currency is carried out at the exchange rate set by the Issuing Bank for that day, while penalties, interest amounts, and fees are charged at the average market exchange rate set by the Central Bank of the Republic of Armenia for the previous day.
In the event of termination of the services, fees already paid are not subject to recalculation or refund.
During the term of the Agreement, the loan account statement and other information required to be provided under the legislation of the Republic of Armenia are provided free of charge. A statement not required to be provided under the legislation of the Republic of Armenia and a duplicate statement are provided as follows:
for a period of up to 6 months (inclusive)
for a period of more than 6 months and up to 12 months (inclusive) - AMD 2,000 (including VAT),
for a period exceeding 1 year - AMD 3,000 (including VAT),
Information on the loan may be provided in the form of a statement as required:
within the business day following submission of the application - AMD 5,000; when applying through the acba digital system - AMD 3,000 (including VAT),
on the same business day, within 1 hour - AMD 7,000; when applying through the acba digital system - AMD 5,000 (including VAT),
within one to four business days - through the delivery service - AMD 6,000; when applying through the acba digital system - AMD 4,000 (including VAT).
For a letter of credit secured by property, the Customer may incur the following payments:
Real estate appraisal service fee - AMD 5,000 and more, depending on the area and type of the property,
Notary service fee - AMD 3,000-15,000,
Fee for the registration certificate of the right to pledge real estate - AMD 2,000-25,000,
Fee for a unified statement regarding restrictions on real estate - AMD 10,000,
Fees related to pledging other property - AMD 2,000-10,000.
Depending on various circumstances, the Bank may require additional documents and information. For the purpose of proper customer due diligence as defined by the RA Law “On Combating Money Laundering and Terrorist Financing,” the Bank may, based on the “Know Your Customer” principle, require the Customer to provide additional documents or other information, as well as ask additional questions during verbal communication. If proper identification of the Customer is impossible or account servicing is impossible, access to the service provided by the Bank may be restricted. In addition, in accordance with the agreement signed with the United States under the Foreign Account Tax Compliance Act (FATCA), the Bank may collect additional information to determine whether you are a U.S. taxpayer.
Civil Code of the Republic of Armenia, Article 941.
The nominated bank closes the letter of credit:
upon expiration of the letter of credit;
upon the Beneficiary’s application to refuse to use the letter of credit before its expiration, if the terms of the letter of credit provide for such a possibility;
upon the Payer’s request to revoke the letter of credit in full or in part, if such revocation is possible under the terms of the letter of credit.
The nominated bank must notify the Issuing Bank of the closure of the letter of credit.
YOU HAVE THE RIGHT TO COMMUNICATE WITH THE FINANCIAL ORGANIZATION IN YOUR PREFERRED WAY, BY POSTAL OR ELECTRONIC MEANS. RECEIVING INFORMATION ELECTRONICALLY IS THE MOST CONVENIENT. IT IS AVAILABLE 24/7, FREE FROM THE RISKS OF LOSING PAPER INFORMATION AND ENSURES CONFIDENTIALITY.
THE AMOUNT OF PENALTIES AND CASES OF APPLICATION IN THE EVENT THAT THE CONSUMER FAILS TO FULFILL THEIR OBLIGATIONS ON TIME:
IF THE CUSTOMER FAILS TO FULFILL THEIR OBLIGATIONS ON TIME, THE BANK MAY CLAIM THE INTEREST PROVIDED FOR BY ARTICLE 411 OF THE CIVIL CODE OF THE REPUBLIC OF ARMENIA. INTEREST IS CALCULATED FROM THE DATE OF DELAY UNTIL THE DATE OF TERMINATION OF THE OBLIGATION, AT THE BANK INTEREST CALCULATION RATES SET BY THE CENTRAL BANK OF THE REPUBLIC OF ARMENIA FOR THE RESPECTIVE PERIODS.
PAYMENT PRIORITY:
IN THE EVENT OF AN OVERDUE OBLIGATION UNDER THE AGREEMENT, THE PAYMENT IS FIRST DIRECTED TOWARD REPAYMENT OF OVERDUE OBLIGATIONS IN THE FOLLOWING ORDER: PENALTY CALCULATED ON THE LOAN AMOUNT AND INTEREST AMOUNTS, OVERDUE MONTHLY FEE (IF ANY), OVERDUE INTEREST AMOUNT, OVERDUE LOAN AMOUNT, AND IF THE AMOUNT PAID EXCEEDS THE OVERDUE OBLIGATIONS, THE EXCESS AMOUNT IS DIRECTED TOWARD REPAYMENT OF THE LOAN AMOUNT.
FORECLOSURE OF COLLATERAL:
PLEDGED PROPERTY MAY BE FORECLOSED IF THE CUSTOMER FAILS TO FULFILL THE OBLIGATIONS UNDERTAKEN UNDER THE AGREEMENT ON TIME. IF THE VALUE OF THE COLLATERAL IS INSUFFICIENT, THE CUSTOMER’S OBLIGATIONS WILL BE REPAID FROM THE CUSTOMER’S OTHER PROPERTY.
INFORMATION PROVIDED TO THE CREDIT REGISTRY:
ATTENTION: IF YOU FAIL TO FULFILL OR IMPROPERLY FULFILL YOUR OBLIGATION, THE BANK WILL SEND THE DATA TO A CREDIT BUREAU, WHERE YOUR CREDIT HISTORY WILL BE FORMED. YOU HAVE THE RIGHT TO OBTAIN YOUR CREDIT HISTORY FROM THE CREDIT BUREAU FREE OF CHARGE ONCE A YEAR.
ATTENTION: A POOR CREDIT HISTORY MAY PREVENT YOU FROM OBTAINING A LOAN, GUARANTEE, OR ANY OTHER PRODUCT FINANCED BY THE BANK IN THE FUTURE.
FOR GUARANTORS
If the Customer fails to fulfill their obligations, you will have to make the payments on their behalf, your credit history will deteriorate, and you may lose your property.
You will be provided with a copy of the letter of credit and guarantee agreements.
Communication will be carried out through the method selected by you.
You will be notified 7 days in advance of any changes to the terms of the agreement.
A reminder regarding the existing obligation will be sent 1 day in advance.
If the Customer delays fulfillment of their obligation toward the Bank, you will be informed of this no later than the following day.
THE GUARANTOR HAS THE RIGHT TO:
Request information from the Bank at any time regarding the outstanding amount of the Customer’s obligations toward the Bank.
Recover from the Customer the amounts paid by the Guarantor to the Bank to fulfill the Customer’s obligations, as well as any other damages incurred on behalf of the Customer.
For more details:
Penalties applicable in case the Borrower fails to fulfill their obligations on time.
Qualified independent appraisal companies cooperating with the Bank.
1. How does a documentary letter of credit differ from a bank guarantee?
Unlike a bank guarantee, a documentary letter of credit is a payment instrument. This means that by issuing a letter of credit, the Bank directly assumes the payment obligation. In the case of a guarantee, however, the Bank undertakes to pay the amount demanded by the Beneficiary only if the debtor fails to fulfill their payment obligations.
2. In the case of a documentary letter of credit, is payment for the imported goods made after the goods reach the buyer?
Under a letter of credit, payment is made against the required documents in accordance with the payment terms specified in the letter of credit (immediate payment, deferred payment), and is independent of whether the goods have actually reached the place of delivery.
3. What document is required to issue a letter of credit?
A documentary letter of credit is issued according to the Customer’s instructions (application). Therefore, the letter of credit is independent of the sale and purchase agreement; however, a prerequisite for issuing a letter of credit is that the sale and purchase agreement stipulates payment for the transaction by means of a documentary letter of credit.
4. What types of goods can be purchased using a letter of credit with refinancing?
A letter of credit with refinancing is issued for the acquisition of fixed assets; however, its use for working capital may also be considered.
