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A View on L/C Fraud and Legal Regulations

Abstract:

L/C is an important payment term in modern international trade, which is en evitable way in the development of international trade. It replaces the business credit of the traders with bank credit, which guarantees the payment to the seller and reduces the risks of settlement. The independance rule of L/C is fundamental for the existence and development of L/C. According to the rule, the L/C and the documents are seperate from the contract in the business. But this rule brings the fraud conditions for the beneficiary. In order to make up the defects of L/C operation machanism and prevent L/C fraud, an important rule - Fraud Exception of Documentary Credit is developped by many countries. This paper starts at the definition and causes of L/C fraud, discusses the key problems of the "fraud" in fraud exception cases, exclusion of fraud exception application, how to deal with fraud exception by the issuing bank and the relationship between fraud exception and legal bans, analyzes the problems in the judicature practice, and points out some related suggestions for improvement. The research to this problem is crucial in the international trade in China. Already as a member of WTO, China is confronted with complicated and variable situation in international trade, China must put enough emphasis on L/C problems to guarantee proper and fast growth of the economy.

Key words: L/C, L/C fraud, independance rule, fraud exception of documentary credit

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