Wednesday, 4 October 2017

EUROCLEAR BANK PARTICIPANTS LIST (PT1)

Participant Name
BIC Code
Participant Code
AARGAUISCHE KANTONALBANK
KBAGCH22XXX
92304
AB SVENSK EXPORTKREDIT
SEKXSESSXXX
97147
ABAXBANK SPA
ICBBITMMXXX
27431
ABBEY NATIONAL TREASURY SERVICES PL
ANTSGB2LXXX
21391
ABBEY NATIONAL TREASURY SERVICES PL
ANTSGB2LXXX
24587
ABBEY NATIONAL TREASURY SERVICES PL
ANTSGB2LXXX
90281
ABLV BANK AS
AIZKLV22XXX
18576
ABN AMRO BANK (SWITZERLAND) AG
UBPGCHZ8XXX
12180
ABN AMRO BANK N.V. (FORMERLY FBN)
FTSBNL2RXXX
12826
ABN AMRO BANK N.V. (FORMERLY FBN)
FTSBNL2RXXX
12827
ABN AMRO BANK NV
ABNAJESHXXX
13030
ABN AMRO BANK NV
ABNANL2AXXX
90105
ABN AMRO BANK NV, RODERVELTLAAN
ABNABE2AIPCXXX
93170
ABN AMRO GLOBAL CUSTODY NV
n.a.
21900
ABN AMRO GLOBAL CUSTODY NV
n.a.
24936
ABN AMRO GLOBAL CUSTODY SERVICES N.
FTSBNL2RXXX
10937
ABN AMRO GLOBAL CUSTODY SERVICES N.
FTSBNL2RXXX
11963
ABN AMRO GLOBAL CUSTODY SERVICES N.
FTSBNL2RXXX
14447
ABN AMRO GLOBAL CUSTODY SERVICES N.
FTSBNL2RXXX
14448
ABN AMRO GLOBAL CUSTODY SERVICES N.
FTSBNL2RXXX
94763
ABN AMRO GLOBAL CUSTODY SERVICES N.
FTSBNL2RXXX
97465
ABSA BANK LTD
ABSAZAJJXXX
18440
ABU DHABI COMMERCIAL BANK PJSC
ADCBAEAATRYXXX
15438
ABU DHABI INVESTMENT COMPANY
ADICAEAAXXX
93301
ADAM & COMPANY PLC
ADAGGB2SXXX
13446
ADAM & COMPANY PLC
ADAGGB2SXXX
13458
ADAM & COMPANY PLC
ADAGGB2SXXX
13460
ADAM & COMPANY PLC
ADAGGB2SXXX
13504
ADAM & COMPANY PLC
ADAGGB2SXXX
13576
ADAM & COMPANY PLC
ADAGGB2SXXX
13638
ADAM & COMPANY PLC
ADAGGB2SXXX
13641
ADAM & COMPANY PLC
ADAGGB2SXXX
13646
ADM INVESTOR SERVICES INTERNATIONAL
n.a.
10123
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
13490
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16198
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16199
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16348
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16350
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16352
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16354
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16356
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16359
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16361
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16363
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16364
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
16641
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
91606
AFRICAN DEVELOPMENT BANK
AFDBCIABXXX
95717
AGRICULTURAL BANK OF CHINA LIMITED,
ABOCSGSGXXX
97677
AHLI UNITED BANK (UK) PLC
UBKLGB2LXXX
90571
AHLI UNITED BANK (UK) PLC
UBKLGB2LXXX
91373
AHORRO CORPORACION FINANCIERA S V S
n.a.
99413
AIB BANK (CI) LIMITED
AIBKJESHXXX
40275
AIZAWA SECURITIES CO., LTD.
n.a.
21377
AKBANK TAS
AKBKTRISXXX
17381
AKBANK TAS
AKBKTRISXXX
93023
AKTIA BANK PLC
HELSFIHHXXX
23334
AKTIA BANK PLC
HELSFIHHXXX
97495
AL RAJHI BANKING AND INVESTMENT COR
RJHISARIXXX
16508
ALETTI & C BANCA DI INVESTIMENTO MO
ALETITMMXXX
11100
ALETTI & C BANCA DI INVESTIMENTO MO
ALETITMMXXX
16029
ALFA CAPITAL HOLDINGS (CYPRUS) LIMI
n.a.
14750
ALFA-BANK
ALFARUMMXXX
92344
AL-HOSN INVESTMENT COMPANY S.A.O.C.
n.a.
15269
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11078
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11626
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11629
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11631
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11632
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11633
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11634
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11635
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11636
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11637
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11638
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11639
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11640
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11641
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11642
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
11643
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12451
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12452
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12470
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12471
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12472
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12473
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12475
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
12480
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13040
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13041
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13042
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13043
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13044
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13045
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13046
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13047
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13048
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13049
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13050
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13051
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13052
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13055
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13056
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13057
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13058
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13059
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13060
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13061
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13062
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13063
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13066
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13067
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13068
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13069
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13072
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13073
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13074
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13075
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13080
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13081
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13082
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13083
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13084
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13085
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13086
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13087
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13088
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13089
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13090
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13091
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13092
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13096
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13097
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13098
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13099
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13100
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13101
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13102
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13103
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13104
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13105
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13106
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13107
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13108
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13109
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13211
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13221
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13249
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13250
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13291
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13292
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13293
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13294
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13295
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13296
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13320
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13321
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13322
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13352
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13463
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13520
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13521
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
13768
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14406
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14421
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14424
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14442
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14450
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14538
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14603
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14604
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14607
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
14608
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
15208
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
15209
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
15347
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16188
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16209
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16516
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16517
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16518
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16519
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16520
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16521
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16738
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16898
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
16901
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
17403
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
17404
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
17405
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
17406
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
17978
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
18601
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
18646
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
18812
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
18813
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
18845
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
18846
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25787
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25788
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25789
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25790
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25791
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25792
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25793
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25794
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25795
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25796
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25797
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25798
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25799
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25800
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25801
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25802
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25893
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
25894
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
41117
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
41118
ALLIANZ BANK FINANCIAL ADVISORS SPA
BKRAITMMXXX
41119
ALLIANZ NEDERLAND LEVENSVERZEKERING
n.a.
18945
ALLIANZ NEDERLAND SCHADEVERZEKERING
n.a.
18944
ALLIED IRISH BANKS PLC (AIB GROUP)
AIBKIE2DXXX
92742
ALPHA BANK AE
CRBAGRAAXXX
90864
ALPHA BANK LONDON LIMITED
ALBLGB2LXXX
25848
ANDORRA BANC AGRICOL REIG SA
BACAADADXXX
11082
ANDORRA BANC AGRICOL REIG SA
BACAADADXXX
11083
ANDORRA BANC AGRICOL REIG SA
BACAADADXXX
11084
ANGLESEA FUNDING PLC
n.a.
12595
ANGLESEA FUNDING PLC
n.a.
29905
ANGLESEA FUNDING PLC
n.a.
29926
ANGLESEA FUNDING PLC
n.a.
29927
AOZORA BANK LTD
NCBTJPJTXXX
95945
ARAB AFRICAN INTERNATIONAL BANK
ARAIEGCXXXX
92970
ARAB BANK PLC
n.a.
16191
ARAB BANK PLC
ATBKTNTTXXX
16699
ARAB BANK PLC
ARABJOAXXXX
17567
ARAB BANK PLC
ARABJOAXXXX
27708
ARAB BANK PLC, AREA OFFICE
ARABSGSGXXX
91572
ARAB BANK PLC, REGIONAL MANAGEMENT
ARABAEADXXX
24179
ARAB BANK PLC, ROAD 1706
ARABBHBMXXX
28465
ARAB BANK PLC, ROAD 1706
ARABBHBMXXX
92867
ARAB BANKING CORPORATION (BSC)
n.a.
14958
ARAB BANKING CORPORATION (BSC)
ABCOBHBMXXX
92025
ARAB BANKING CORPORATION (BSC)
ABCIBHBMXXX
93111
ARAB BANKING CORPORATION (BSC)
n.a.
93373
ARAB BANKING CORPORATION (BSC)
ABCOBHBMXXX
93948
ARAB INSURANCE GROUP BSC
n.a.
96864
ARAB INTERNATIONAL BANK
ARIBEGCXXXX
95748
ARAB JORDAN INVESTMENT BANK
AJIBJOAXXXX
13016
ARAB JORDAN INVESTMENT BANK
AJIBJOAXXXX
93132
ARAB JORDAN INVESTMENT BANK
AJIBJOAXXXX
94272
ARAB MONETARY FUND
ARMFAEAAXXX
95988
ARAB NATIONAL BANK
ARNBSARIXXX
98722
ARAB TRADE FINANCING PROGRAM
n.a.
97891
ARBEJDERNES LANDSBANK A/S
ALBADKKKXXX
18300
ARGENTA BANQUE D'EPARGNE SA
ARSPBE22XXX
10195
ARGENTA BANQUE D'EPARGNE SA
ARSPBE22XXX
12073
ASIAN DEVELOPMENT BANK
ASDBPHMMXXX
13524
ASIAN DEVELOPMENT BANK
ASDBPHMMXXX
15200
ASIAN DEVELOPMENT BANK
ASDBPHMMXXX
93311
ATLANTIC FUND SERVICES SP Z O O
n.a.
17604
ATTIJARIWAFA BANK
BCMAMAMCXXX
13206
ATTIJARIWAFA BANK
BCMAMAMCXXX
13243
AUSTRALIA AND NEW ZEALAND BANKING G
ANZBSGSXXXX
14960
AUSTRALIA AND NEW ZEALAND BANKING G
ANZBSGSXXXX
14961
AUSTRALIA AND NEW ZEALAND BANKING G
ANZBSGSXXXX
15500
AUSTRALIA AND NEW ZEALAND BANKING G
ANZBSGSXXXX
15508
AUSTRALIA AND NEW ZEALAND BANKING G
ANZBTWTPXXX
96203
AXA BANK EUROPE NV
AXABBE22XXX
29140
AXA BELGIUM
n.a.
29511
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
17853
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
18015
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
18208
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
18209
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
18210
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
18211
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
18212
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
18213
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
19079
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
19080
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
19081
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
19082
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
19083
AXA INVESTMENT MANAGERS UK LIMITED
n.a.
19084
AXA KRANKENVERSICHERUNG AG
n.a.
29642
AXA LIFE INSURANCE CO.,LTD.
n.a.
29644
AXA SEGUROS GENERALES SOCIEDAD ANON
AXIPESBBXXX
29734
AXA VERSICHERUNGEN AG
n.a.
29489
AXION SWISS BANK SA
UNCECH22XXX
12462
AXION SWISS BANK SA
UNCECH22XXX
13400
AXION SWISS BANK SA
UNCECH22XXX
13738
AXION SWISS BANK SA
UNCECH22XXX
21687
B. METZLER SEEL. SOHN & CO. KGAA
METZDEFFXXX
90022
B.V. BEWAARBEDRIJF RABOBANK NEDERLA
n.a.
13949
B.V. BEWAARBEDRIJF RABOBANK NEDERLA
n.a.
40842
B.V. BEWAARBEDRIJF SCHRETLEN & CO
n.a.
12039
BAHRAIN MIDDLE EAST BANK BSC
BMEABHBMXXX
92357
BALOISE BANK SOBA
KBSOCH22XXX
20018
BANC OF AMERICA SECURITIES LIMITED
BOFAGB2UXXX
24911
BANC OF AMERICA SECURITIES LIMITED
BOFAGB2UXXX
27888
BANCA AKROS SPA
n.a.
65719
BANCA ALETTI & C (SUISSE) SA
VRBPCH22XXX
17089
BANCA DEL CERESIO SA
BACECH22XXX
40786
BANCA DEL CERESIO SA
BACECH22XXX
90265
BANCA ESPERIA SPA
n.a.
12403
BANCA FIDEURAM SPA
FIBKITMMXXX
90316
BANCA IMI SECURITIES CORP, WILLIAM
n.a.
15157
BANCA IMI SPA
CABOITMHSECXXX
99152
BANCA MONTE PARMA SPA
BMPRIT2PXXX
93479
BANCA MONTE PARMA SPA
BMPRIT2PXXX
99874
BANCA NATIONALA A ROMANIEI
NBORROBUXXX
13940
BANCA NAZIONALE DEL LAVORO SPA, SAI
BNLIGB2LXXX
92523
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOLULSXXX
10595
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOLULSXXX
10706
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
10950
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
12292
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
12293
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOLULSXXX
12424
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOLULSXXX
16526
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
17947
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
22313
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
23332
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
24234
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
27420
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
27859
BANCA POPOLARE DELL'EMILIA ROMAGNA
BPMOIT22XXX
29711
BANCA POPOLARE DI SONDRIO SOCIETA C
POSOIT22XXX
97586
BANCA POPOLARE DI VICENZA SOCIETA C
BPVIIT22XXX
10880
BANCA POPOLARE DI VICENZA SOCIETA C
BPVIIT22XXX
10881
BANCA POPOLARE DI VICENZA SOCIETA C
BPVIIT22XXX
16031
BANCA PROFILO SPA
PROFITMMXXX
10029
BANCA PROFILO SPA
PROFITMMXXX
10532
BANCA PROMOS SPA
n.a.
94328
BANCO ABC BRASIL SA, HARBOUR PLACE
ABCBKYKXXXX
27760
BANCO BANIF SA
NORTESMMXXX
96010
BANCO BILBAO VIZCAYA ARGENTARIA SA,
BBVAESMMXXX
40689
BANCO BILBAO VIZCAYA ARGENTARIA SA,
BBVAESMMXXX
93371
BANCO BPI SA
BBPIPTPLXXX
27758
BANCO BPI SA
BBPIPTPLXXX
90755
BANCO BRADESCO SA, GENESIS CL
BBDEKYKYXXX
10014
BANCO BRADESCO SA, GENESIS CL
BBDEKYKYXXX
13138
BANCO BRADESCO SA, GENESIS CL
BBDEKYKYXXX
17237
BANCO BRADESCO SA, GENESIS CL
BBDEKYKYXXX
25329
BANCO CENTRAL DEL URUGUAY
CBCUUYMMXXX
12315
BANCO CENTRAL DEL URUGUAY
CBCUUYMMXXX
12324
BANCO CENTRAL DO BRASIL
BCBRBRDFINTXXX
99817
BANCO CMF SA
CMFBARBAXXX
93927
BANCO COMAFI SA
QUILARBAXXX
92665
BANCO COMERCIAL PORTUGUES SA
BCOMPTPLSFEXXX
10008
BANCO COMERCIAL PORTUGUES SA
BCOMPTPLSFEXXX
24363
BANCO COMERCIAL PORTUGUES SA
BCOMPTPLXXX
90917
BANCO COMERCIAL PORTUGUES SA
BCOMPTPLSFEXXX
99229
BANCO COOPERATIVO ESPANOL SA
n.a.
12404
BANCO DE COMERCIO EXTERIOR CA
BCEVVECAXXX
24261
BANCO DE DESARROLLO ECONOMICO Y SOC
FIVVVECAXXX
96366
BANCO DE FINANZAS E INVERSIONES SA
BFIVESBBXXX
93533
BANCO DE GALICIA Y BUENOS AIRES SA
GABAARBAXXX
91344
BANCO DE INVESTIMENTO GLOBAL SA
BDIGPTPLXXX
21593
BANCO DE INVESTIMENTO GLOBAL SA
BDIGPTPLXXX
21594
BANCO DE INVESTIMENTO GLOBAL SA
BDIGPTPLXXX
21595
BANCO DE LA NACION ARGENTINA, PARK
NACNUS33XXX
93259
BANCO DE LA PROVINCIA DE BUENOS AIR
PRBAARBAXXX
25355
BANCO DE LA PROVINCIA DE BUENOS AIR
PRBAKYKYXXX
93134
BANCO DE SABADELL SA
BSABESBBXXX
13540
BANCO DE SABADELL SA
n.a.
16025
BANCO DI SARDEGNA SPA
SARDIT3SXXX
11090
BANCO DI SARDEGNA SPA
SARDIT3SXXX
11091
BANCO DI SARDEGNA SPA
SARDIT3SXXX
11096
BANCO DI SARDEGNA SPA
SARDIT3SXXX
13297
BANCO DI SARDEGNA SPA
SARDIT3SXXX
13298
BANCO DO BRASIL SA, FIFTH AVENUE
BRASUS33XXX
99023
BANCO DO BRASIL SA, SHEDEN ROAD
BRASKYKYXXX
10323
BANCO DO BRASIL SA, SHEDEN ROAD
BRASKYKYXXX
99382
BANCO ESPANOL DE CREDITO SA
ESPCESMMXXX
12762
BANCO ESPANOL DE CREDITO SA
ESPCESMMXXX
12763
BANCO ESPANOL DE CREDITO SA
ESPCESMMXXX
13024
BANCO ESPANOL DE CREDITO SA
ESPCESMMXXX
13495
BANCO ESPANOL DE CREDITO SA
ESPCESMMXXX
21569
BANCO ESPANOL DE CREDITO SA
ESPCESMMXXX
92332
BANCO ESPANOL DE CREDITO SA
ESPCESMMXXX
96606
BANCO ESPIRITO SANTO DE INVESTIMENT
ESSIPTPLXXX
16210
BANCO ESPIRITO SANTO DE INVESTIMENT
ESSIPTPLXXX
22965
BANCO ESPIRITO SANTO DE INVESTIMENT
ESSIPTPLXXX
22966
BANCO ESPIRITO SANTO DE INVESTIMENT
ESSIPTPLXXX
22967
BANCO ESPIRITO SANTO DE INVESTIMENT
ESSIPTPLXXX
25419
BANCO ESPIRITO SANTO DE INVESTIMENT
ESSIPTPLXXX
27136
BANCO ESPIRITO SANTO DE INVESTIMENT
ESSIPTPLXXX
93446
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
12418
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
15444
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
16385
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
16411
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
16412
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
16874
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
17595
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
18581
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
18582
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
20853
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
25466
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
40922
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
40923
BANCO ESPIRITO SANTO SA
BESCPTPLXXX
93798
BANCO ESPIRITO SANTO SA, QUEEN STRE
BESCGB2LXXX
13678
BANCO ESPIRITO SANTO SA, QUEEN STRE
BESCGB2LXXX
17702
BANCO FINANTIA SA
BFIAPTPLXXX
90838
BANCO FINANTIA SA
BFIAPTPLXXX
99948
BANCO HIPOTECARIO SA
BHIPARBAXXX
22455
BANCO INVEST SA
IVVSPTPLXXX
22415
BANCO INVEST SA
IVVSPTPLXXX
22416
BANCO INVEST SA
IVVSPTPLXXX
22417
BANCO INVEST SA
IVVSPTPLXXX
22932
BANCO ITAU BBA SA, WEST BAY STREET
CBBABSNSXXX
97827
BANCO MACRO SA
BOSUARBAXXX
23106
BANCO MACRO SA
BOSUARBAXXX
91851
BANCO MARIVA SA
MARIARBAXXX
16752
BANCO MARIVA SA
MARIARBAXXX
18827
BANCO MARIVA SA
MARIARBAXXX
18828
BANCO MARIVA SA
MARIARBAXXX
18829
BANCO MARIVA SA
MARIARBAXXX
25081
BANCO MARIVA SA
MARIARBAXXX
99528
BANCO MERCANTIL DEL NORTE SA, FORT
n.a.
91928
BANCO NACIONAL DE ANGOLA
BNANAOLUXXX
40993
BANCO NACIONAL DE MEXICO SA
BNMXMXMMXXX
23803
BANCO NACIONAL DE MEXICO SA
BNMXMXMMXXX
97141
BANCO PASTOR SA, MADRID, OP
PSTRESMMXXX
90369
BANCO PATAGONIA SA
BSUDARBAXXX
21138
BANCO POPOLARE - SOCIETA COOPERATIV
BAPPIT22XXX
13401
BANCO POPULAR PORTUGAL SA
CRBNPTPLXXX
11708
BANCO SANTANDER (BRASIL) S.A.
BSCHKYKXXXX
18776
BANCO SANTANDER (BRASIL) S.A.
BSCHKYKXXXX
23424
BANCO SANTANDER (MEXICO) SA
BMSXMXMMXXX
94636
BANCO SANTANDER (SUISSE) SA
BSCHCHGGXXX
24535
BANCO SANTANDER (SUISSE) SA
BSCHCHGGXXX
99810
BANCO SANTANDER INTERNATIONAL
BDERUS3MXXX
92101
BANCO SANTANDER RIO SA
BSCHARBAXXX
20407
BANCO SANTANDER SA, EAST 53RD STREE
BSCHUS33XXX
14098
BANCO SANTANDER SA, EAST 53RD STREE
BSCHUS33XXX
91557
BANCO SANTANDER SA, PASEO DE LA CAS
BSCHESMMXXX
40904
BANCO SANTANDER SA, PASEO DE LA CAS
BSCHESMMXXX
40924
BANCO SANTANDER SA, PASEO DE LA CAS
BSCHESMMXXX
91100
BANCO SANTANDER SA, PASEO DE LA CAS
BSCHESMMXXX
97529
BANCO SANTANDER TOTTA SA
TOTAPTPLXXX
17894
BANCO SANTANDER TOTTA SA
TOTAPTPLXXX
93903
BANCO SOFISA SA
BSBSBRSPXXX
16382
BANCO SOFISA SA
BSBSBRSPXXX
24097
BANCO SOFISA SA
BSBSBRSPXXX
24669
BANCO SOFISA SA
BSBSBRSPXXX
27144
BANCO SOFISA SA
BSBSBRSPXXX
27145
BANCO SUPERVIELLE SA
BSUPARBAXXX
12260
BANCO SUPERVIELLE SA
BSUPARBAXXX
98521
BANCO VOTORANTIM SA, NASSAU
BAVOBSNSXXX
12766
BANCO VOTORANTIM SA, NASSAU
BAVOBSNSXXX
27609
BANCSABADELL D'ANDORRA SA
BSANADADXXX
12441
BANCSABADELL D'ANDORRA SA
BSANADADXXX
18851
BANCSABADELL D'ANDORRA SA
BSANADADXXX
18852
BANGKOK BANK PUBLIC COMPANY LIMITED
BKKBTHBKSSDXXX
92208
BANGKOK BANK PUBLIC COMPANY LIMITED
n.a.
92272
BANIF-BANCO DE INVESTIMENTO SA
BNFIPTPLXXX
10751
BANIF-BANCO DE INVESTIMENTO SA
BNFIPTPLXXX
10843
BANK AL-MAGHRIB
BKAMMAMRXXX
92366
BANK DEGROOF SA
DEGRBEBBXXX
10742
BANK DEGROOF SA
DEGRBEBBXXX
91236
BANK FUR TIROL UND VORARLBERG AKTIE
BTVAAT22XXX
16475
BANK FUR TIROL UND VORARLBERG AKTIE
BTVAAT22XXX
91623
BANK HAPOALIM (SWITZERLAND) LTD
POALCHZZXXX
91668
BANK HAPOALIM (SWITZERLAND) LTD, BO
POALLULLXXX
91279
BANK HAPOALIM BM
POALILITSECXXX
26341
BANK HAPOALIM BM
POALILITSECXXX
26342
BANK HAPOALIM BM
POALILITSECXXX
26530
BANK HAPOALIM BM
POALILITSECXXX
26615
BANK HAPOALIM BM
POALILITXXX
94241
BANK HAPOALIM BM, AVENTURA
POALUS33XXX
12687
BANK HAPOALIM BM, AVENTURA
POALUS33XXX
12688
BANK HAPOALIM BM, SAVILE ROW
POALGB2LXXX
91843
BANK INDONESIA
INDOIDJAXXX
92724
BANK ISLAM BRUNEI DARUSSALAM BERHAD
BIBDBNBBXXX
15239
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18796
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18797
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18798
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18799
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18800
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18801
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18802
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18803
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
18804
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
90258
BANK JULIUS BAER & CO LTD
BAERCHZZXXX
94875
BANK LEUMI (LUXEMBOURG) SA
LUMILULLXXX
20401
BANK LEUMI (LUXEMBOURG) SA
LUMILULLXXX
23993
BANK LEUMI (LUXEMBOURG) SA
LUMILULLXXX
40685
BANK LEUMI (SWITZERLAND) LTD
LUMICHZZXXX
91384
BANK LEUMI (UK) PLC
LUMIGB22WESXXX
90130
BANK LEUMI (UK) PLC
LUMIGB22WESXXX
96013
BANK LEUMI LE-ISRAEL BM
LUMIILITTLVXXX
96583
BANK LINTH LLB AG
LINSCH23XXX
93250
BANK MANDIRI (EUROPE) LTD
BMRIGB2LXXX
98802
BANK MILLENNIUM SA
BIGBPLPWXXX
16564
BANK MILLENNIUM SA
BIGBPLPWXXX
23548
BANK MILLENNIUM SA
BIGBPLPWXXX
23552
BANK MORGAN STANLEY AG
MSSACHZXXXX
23795
BANK MORGAN STANLEY AG
MSSACHZXXXX
24632
BANK NEDERLANDSE GEMEENTEN
BNGHNL2GXXX
98113
BANK OF ALAND PLC
AABAFI22XXX
94912
BANK OF ALEXANDRIA
ALEXEGCXXXX
18579
BANK OF AMERICA NA
BOFAUS3NXXX
91782
BANK OF AMERICA NA
BOFAUS3NXXX
94445
BANK OF AMERICA NA, CANADA SQUARE
n.a.
10540
BANK OF AMERICA NA, CANADA SQUARE
n.a.
10944
BANK OF AMERICA NA, CANADA SQUARE
n.a.
15653
BANK OF AMERICA NA, CANADA SQUARE
n.a.
21996
BANK OF AMERICA NA, CANADA SQUARE
BOFAGB22XXX
22069
BANK OF AMERICA NA, CANADA SQUARE
BOFAGB22XXX
28156
BANK OF AMERICA NA, CANADA SQUARE
n.a.
29216
BANK OF AMERICA NA, CANADA SQUARE
BOFAGB22XXX
94217
BANK OF AMERICA NA, HARCOURT ROAD
BOFAHKHXXXX
11676
BANK OF AMERICA NA, HARCOURT ROAD
BOFAHKHXXXX
15365
BANK OF AMERICA NA, RAFFLES PLACE
BOFASG2XXXX
15342
BANK OF CHINA (SUISSE) SA
BKCHCHGGXXX
16835
BANK OF CHINA (UK) LTD
BKCHGB2UXXX
13509
BANK OF CHINA LIMITED
BKCHCNBJXXX
93747
BANK OF CHINA LIMITED, FRANKFURT BR
BKCHDEFFXXX
18731
BANK OF CHINA LIMITED, HONG KONG BR
BKCHHKHHCSSXXX
13309
BANK OF CHINA LIMITED, HONG KONG BR
BKCHHKHHXXX
91578
BANK OF CHINA LIMITED, LONDON BRANC
BKCHGB2LXXX
92377
BANK OF CHINA LIMITED, NEW YORK BRA
BKCHUS33XXX
17255
BANK OF CHINA LIMITED, SINGAPORE BR
BKCHSGSGXXX
92626
BANK OF COMMUNICATIONS CO LTD, HONG
COMMHKHHXXX
13283
BANK OF COMMUNICATIONS CO LTD, HONG
COMMHKHHXXX
97201
BANK OF ESTONIA
EPBEEE2XXXX
96282
BANK OF GREECE
BNGRGRAASSSXXX
41084
BANK OF IRELAND
BIGTIE2DXXX
22073
BANK OF IRELAND
BIGTIE2DXXX
97868
BANK OF JORDAN PLC, AMMAN & COMMERC
BJORJOAXXXX
17955
BANK OF KAOHSIUNG CO LTD
BKAOTWTKXXX
24918
BANK OF KAOHSIUNG CO LTD
BKAOTWTKXXX
97783
BANK OF MOSCOW
MOSWRUMMXXX
13900
BANK OF MOSCOW
MOSWRUMMXXX
14048
BANK OF SCOTLAND PLC
BOFSGB22XXX
11013
BANK OF SCOTLAND PLC
BOFSGB22XXX
11780

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Tuesday, 3 October 2017

UNIFORM RULES DEMAND GUARANTEES (URDG 458)

The URDG 458 are the Uniform Rules for Demand Guarantees.

It is nearly 30 years since the ICC first became interested in the use of bank demand guarantees in international trade and set up a Joint Working Party of the Commission on International Commercial Practice and the Commission on Banking Technique and Practice to formulate rules designed to provide safeguards against unfair calling and a fair balance of competing interests.The subject proved more intractable than had been thought and some thirteen years elapsed before the publication of the ICC Uniform Rules for Contract Guarantees (ICC Publication no. 325). Those Rules sought to deal with the problem of unfair calling by requiring the production of a judgment or arbitral award as a condition of the beneficiary's right to payment. Though Publication no. 325 was used, and continues to be used, to some extent, the requirements proved too removed from prevailing banking and commercial practice to gain general acceptance.

The new ICC Uniform Ru/es for Demand Guarantees (ICC Publication no. 458) reflect more closely international practice in the use of demand guarantees whilst at the same time preserving the goal of the original rules to balance the interests of the different parties and to curb abuse in the calling of guarantees. The new Rules are4 the product of the extensive work and consultation carried out by a Joint Working Party of the two Commissions under the chairmanship of Dr. Rudolf von Graffenried, and completed by a smaller Drafting Group under the chairmanship of Professor Roy Goode.

The Uniform Ru/es for Demand Guarantees, which cover not only relations between guarantor and beneficiary but also those arising under counter-guarantees , represent a major contribution to the adoption of uniform practice in this important field of international trade finance. They embody the collective knowledge and experience of ICC National Com-mittees, professional and commercial associations and individual specialists across the world, and provide a natural complement to the ICC's hugely successful Uniform Customs and Practice for Documentary Credits, a new revision of which will shortly be completed. The Uniform Rules for Demand Guarantees fulfil an important need and I have no doubt that they will be widely adopted. Meanwhile lCC Publication no. 325 will continue to be available for the time being for those who wish to use it and its future will be reviewed at a later date in the light of experience of the new Rules.

The ICC would like to express its indebtedness to the chairman of the Commission on International Commercial Practice, Mr. Victor Uckmar, and the chairman of the Commission on Banking Technique and Practice, Mr. Charles dei Busto; and to all the members of these two Commissions who contributed to the preparation of the new rules. The ICC also greatly appreciates the work accomplished by the members of the Joint Working Party and of the Drafting Group who elaborated the Rules, and to the efforts of the respective secretaries to the two Commissions, Guillermo Jimenez and Stefan Draszczyk, and the former Head of Division, Carol Xueref, who was involved in the earlier stages of the work.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 1
These Rules apply to any demand guarantee and amendment thereto which a Guarantor (as hereinafter described) has been instructed to issue and which states that it is subject to the Uniform Rules for Demand Guarantees of the International Chamber of Commerce (Publication N°458) and are binding on all parties thereto except as otherwise expressly stated in the Guarantee or any amendment thereto.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 2
a) For the purpose of these Rules, a demand guarantee (hereinafter referred to as "Guarantee") means any guarantee, bond or other payment undertaking, however named or described, by a bank, insurance company or other body or person (hereinafter called "the Guarantor") given in writing for the payment of money on presentation in conformity with the terms of the undertaking of a written demand for payment and such other document(s) (for example, a certificate by an architect or engineer, a judgment or an arbitral award) as may be specified in the Guarantee, such undertaking being give:
i) at the request or on the instructions and under the liability of a party (hereinafter called "the Principal"); or
ii) at the request or on the instructions and under the liability of a bank, insurance company or
any other body or person (hereinafter "the instructing Party") acting on the instructions of a Principal
b) Guarantees by their nature are separate transactions from the contract(s) or tender conditions on which they may be based, and Guarantors are in no way concerned with or bound by such contract(s), or tender conditions, despite the inclusion of a reference to them in the Guarantee. The duty of a Guarantor under a Guarantee is to pay the sum or sums therein stated on the presentation of a written demand for payment and other documents specified in the Guarantee which appear on their face to be in accordance with the terms of the Guarantee
c) For the purpose of these Rules, "Counter-Guarantee" means any guarantee, bond or other payment undertaking of the Instructing Party, however named or described, given in writing for the payment of money to the Guarantor on presentation in conformity with the terms of the undertaking of a written demand for payment and other documents specified in the Counter-Guarantee which appear on their face to be in accordance with the terms of the Counter-Guarantee. Counter-Guarantees are by their nature separate transactions from the Guarantees to which they relate and from any underlying contract(s) or tender conditions, and Instructing Parties are in no way concerned with or bound by such Guarantees, contract(s) or tender conditions, despite the inclusion of a reference to them in the Counter-Guarantee
d) The expressions "writing" and "written" shall include an authenticated teletransmission or tested electronic date interchange ("EDI") me

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 3
All instructions for the issue of Guarantees and amendments thereto and Guarantees and amendments themselves should be clear and precise and should avoid excessive detail. Accordingly, all Guarantees should stipulate:
a) the Principal;
b) the Beneficiary;
c) the Guarantor;
d) the underlying transaction requiring the issue of the Guarantee;
e) the maximum amount payable and the currency in which it is payable;
f) the Expiry Date and/or Expiry Event of the Guarantee;
g) the terms for demanding payment
h) any provision for reduction of the guarantee amount.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 4
The Beneficiary's right to make a demand under a Guarantee is not assignable unless expressly stated in the Guarantee or in an amendment thereto. This Article shall not, however, affect the Beneficiary's right to assign any proceeds to which he may be, or may become, entitled under the Guarantee

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 5
All Guarantees and Counter-Guarantees are irrevocable unless otherwise indicated.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 6
A Guarantee enters into effect as from the date of its issue unless its terms expressly provide that such entry into effect is to be at a later date or is to be subject to conditions specified in the Guarantee and determinable by the Guarantor on the basis of any documents therein specified.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 7
a) Where a Guarantor has been given instructions for the issue of a Guarantee but the instructions are such that, if they were to be carried out, the Guarantor would by reason of law or regulation in the country of issue be unable to fulfil the terms of the Guarantee, the instructions shall not be executed and the Guarantor shall immediately inform the party who gave the Guarantor his instructions by telecommunication, or, if that is not possible, by other expeditious means, of the reasons for such inability and request appropriate instructions from that party
b) Nothing in this Article shall oblige the Guarantor to issue a Guarantee where the Guarantor has not agreed to do so.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 8
A Guarantee may contain express provision for reduction by a specified or determinable amount or amounts on a specified date or dates or upon presentation to the Guarantor of the document(s) specified for this purpose in the Guarantee.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 9
All documents specified and presented under a Guarantee, including the demand, shall be examined by the Guarantor with reasonable care to ascertain whether or not they appear on their face to conform with the terms of the Guarantee. Where such documents do not appear so to conform or appear on their face to be inconsistent with one another, they shall be refused.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 10
a) A Guarantor shall have a reasonable time within which to examine a demand under a Guarantee and to decide whether to pay or to refuse the demand.
b) If the Guarantor decides to refuse a demand, he shall immediately give notice thereof to the Beneficiary by teletransmission, or, if that is not possible, by other expeditious means. Any documents presented under the Guarantee shall be held at the disposal of the Beneficiary.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 11
Guarantors and Instructing Parties assume no liability or responsibility for the form, sufficiency, accuracy, genuineness, falsification, or legal effect of any document presented to them or for the general and/or particular statements made therein, nor for the good faith or acts or omissions of any person whomsoever.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 12
Guarantors and Instructing Parties assume no liability or responsibility for the consequences arising out of the delay and/or loss in transit of any messages, letters, demands or documents, or for delay, mutilation or other errors arising in the transmission of any telecommunication. Guarantors and Instructing Parties assume no liability for errors in translation or interpretation of technical terms and reserve the right to transmit Guarantee texts or any parts thereof without translating them.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 13
Guarantors and Instructing Parties assume no liability or responsibility for consequences arising out of the interruption of their business by acts of God, riots, civil commotions, insurrections, wars or any other causes beyond their control or by strikes, lock-outs or industrial actions of whatever nature.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 14
a) Guarantors and Instructing Parties utilising the services of another party for the purpose of giving effect to the instructions of a Principal do so for the account and at the risk of that Principal.
b) Guarantors and Instructing Parties assume no liability or responsibility should the instructions they transmit not be carried out even if they have themselves taken the initiative in the choice of such other party.
c) The Principal shall be liable to indemnify the Guarantor or the Instructing Party, as the case may be, against all obligations and responsibilities imposed by foreign laws and usages.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 15
Guarantors and Instructing Parties shall not be excluded from liability or responsibility under the terms of Articles 11, 12 and 14 above for their failure to act in good faith and with reasonable care.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 16
A Guarantor is liable to the Beneficiary only in accordance with the terms specified in the Guarantee and any amendment(s) thereto and in these Rules, and up to an amount not exceeding that stated in the Guarantee and any amendment(s) thereto.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 17
Without prejudice to the terms of Article 10, in the event of a demand the Guarantor shall without delay so inform the Principal or, where applicable, his Instructing Party, and in that case the Instructing Party shall so inform the Principal.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 18
The amount payable under a Guarantee shall be reduced by the amount of any payment made by the Guarantor in satisfaction of a demand in respect thereof and, where the maximum amount payable under a Guarantee has been satisfied by payment and/or reduction, the Guarantee shall thereupon terminate whether or not the Guarantee and any amendment(s) thereto are returned.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 19
A demand shall be made in accordance with the terms of the Guarantee before its expiry, that is, on or before its Expiry Date and before any Expiry Event as defined in Article 22. In particular, all documents specified in the Guarantee for the purpose of the demand, and any statement required by Article 20, shall be presented to the Guarantor before its expiry at its place of issue; otherwise the demand shall be refused by the Guarantor.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 20
a) Any demand for payment under the Guarantee shall be in writing and shall (in addition to such other documents as may be specified in the Guarantee) be supported by a written statement (whether in the demand itself or in a separate document or documents accompanying the demand and referred to in it) stating:
i) that the Principal is in breach of this obligation(s) under the underlying contract(s) or, in the case of a tender guarantee, the tender conditions; and
ii) the respect in which the Principal is in breach.
b) Any demand under the Counter-Guarantee shall be supported by a written statement that the Guarantor has received a demand for payment under the Guarantee in accordance with its terms and with this Article.
c) Paragraph a) of this Article applies except to the extent that it is expressly excluded by the terms of the Guarantee. Paragraph b) of this Article applies except to the extent that it is expressly excluded by the terms of the Counter-Guarantee.
d) Nothing in this Article affects the application of Articles 2b) and 2c) , 9 and 11.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 21
The Guarantor shall without delay transmit the Beneficiary's demand and any related documents to the Principal or, where applicable, to the Instructing Party for transmission to the Principal.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 22
Expiry of the time specified in a Guarantee for the presentation of demands shall be upon a specified calendar date ("Expiry Date") or upon presentation to the Guarantor of the document(s) specified for the purpose of expiry ("Expiry Event"). If both an Expiry Date and an Expiry Event are specified in a Guarantee, the Guarantee shall expire on whichever of the Expiry Date or Expiry Event occurs first, whether or not the Guarantee and any amendment(s) thereto are returned.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 23
Irrespective of any expiry provision contained therein, a Guarantee shall be cancelled on presentation to the Guarantor of the Guarantee itself or the Beneficiary's written statement of release from liability under the Guarantee, whether or not, in the latter case, the Guarantee or any amendments thereto are returned.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 24
Where a Guarantee has terminated by payment, expiry, cancellation or otherwise, retention of the Guarantee or of any amendments thereto shall not preserve any rights of the Beneficiary under the Guarantee.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 25
Where to the knowledge of the Guarantor the Guarantee has terminated by payment, expiry, cancellation or otherwise, or there has been a reduction of the total amount payable thereunder, the Guarantor shall without delay so notify the Principal or, where applicable, the Instructing Party and, in that case, the Instructing Party shall so notify the Principal.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 26
If the Beneficiary requests an extension of the validity of the Guarantee as an alternative to a demand for payment submitted in accordance with the terms and conditions of the Guarantee and these Rules, the Guarantor shall without delay so inform the party who gave the Guarantor his instructions. The Guarantor shall then suspend payment of the demand for such time as is reasonable to permit the Principal and the Beneficiary to reach agreement on the granting of such extension and for the Principal to arrange for such extension to be issued Unless an extension is granted within the time provided by the preceding paragraph, the Guarantor is obliged to pay the Beneficiary's conforming demand without requiring any further action on the Beneficiary's part. The Guarantor shall incur no liability (for interest or otherwise) should any payment to the Beneficiary be delayed as a result of the above-mentioned procedure. Even if the Principal agrees to or requests such extension, it shall not be granted unless the Guarantor and the Instructing Party or Parties also agree thereto.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 27
Unless otherwise provided in the Guarantee or Counter-Guarantee, its governing law shall be that of the place of business of the Guarantor or Instructing Party (as the case may be), or, if the Guarantor or Instructing Party has more than one place of business, that of the branch that issued the Guarantee or Counter-Guarantee.

ICC UNIFORM RULES FOR DEMAND GUARANTEES - Article 28
Unless otherwise provided in the Guarantee or Counter-Guarantee, any dispute between the Guarantor and the Beneficiary relating to the Guarantee or between the Instructing Party and the Guarantor relating to the Counter-Guarantee shall be settled exclusively by the competent court of the country of the place of business of the Guarantor or Instructing Party (as the case may be), or, if the Guarantor or Instructing Party has more than one place of business, by the competent court of the country of the branch which issued the Guarantee or Counter-Guarantee

UNIFORM RULES FOR FORFAITING (URF 800)

ICC Uniform Rules for Forfaiting—ICC Publication no. 800 (“URF 800”)—were officially endorsed by the United Nations Commission on International Trade Law (UNCITRAL) in its 50th plenary session held in Vienna on 14 July 2017.

Forfaiting is a trade financing technique based on without recourse discounting of an instrument representing an exporter’s receivables payable at a future date, such instrument evidencing a payment claim or a debt obligation of an importer or a bank / financial institution pursuant to a letter of credit, standby letter of credit, guarantee, aval, bill of exchange or a promissory note created under an export transaction.

Forfaiting is a flexible discounting technique that can be tailored to the needs of a wide range of counterparties and domestic and international transactions. Its key characteristics are:

• 100% financing without recourse to the seller of the debt
• The payment obligation is often but not always supported by a bank guarantee
• The debt is usually evidenced by a legally enforceable and transferable payment obligation such as a bill of exchange, a promissory note, a letter of credit or note purchase agreement.
• Transaction values can range from 84,610 € to 169.22 € million
• Debt instruments are typically denominated in one of the world’s major currencies, with Euro and US Dollars being most common.
• Finance can be arranged on a fixed or floating interest rate basis

The URF 800 are the first ever global rules for forfaiting—the result of three-and-a-half years of joint effort by ICC and the International Trade and Forfaiting Association (ITFA)—developed after taking into account feedback from major trade finance banks, forfaiting companies and exporters. The aim of URF 800 is to create a standard set of rules that can be applied within the forfaiting markets worldwide. John Danilovich, ICC Secretary General, said: “We are pleased to have the UN once again affirm ICC’s role as a setter of global rules and standards for the financing of trade. Harmonized global rules have a vital role to play in facilitating finance for small businesses looking to trade internationally.” David Bischof, Senior Policy Manager for the ICC Banking Commission, said: “This endorsement will go a long way in encouraging the banking and exporting communities to adopt URF 800 more widely for without recourse financing of international receivables, especially helping small and medium-sized enterprises to access adequate and affordable trade finance at all levels and ultimately growing total exports.” Pradeep Taneja, Group Head of Trade Technical Services with Bank-ABC, Bahrain and Chair of the ICC-Bahrain Trade Finance Forum, presented URF 800 to UNITRAL on behalf of ICC. Mr Taneja said: “The URF 800 endorsement is an important milestone for ICC as it reinforces the ICC mandate of removing legal obstacles to international trade by progressively modernizing trade law. Furthermore, this endorsement is a testament to the success of ICC rules and represents the most powerful effort to harmonise forfaiting rules on an international level”. During the UNCITRAL session, Mr Taneja explained how without recourse financing under forfaiting immensely benefits exporters by eliminating the country, currency, political and transfer risks typically associated with an international trade transaction, thus improving exporters’ cash flow and enhancing their competitive advantage. Delegates at UNCITRAL welcomed the URF 800 praising ICC’s efforts in the area of trade facilitation. In particular, the delegates from Canada and El Salvador expressed their appreciation of ICC’s efforts and strongly supported endorsement of URF 800. In its official report, commending the use of URF 800 in forfaiting transactions, UNCITRAL congratulated ICC on having made a further contribution to the facilitation of international receivable financing and thus international trade. Purchase the ICC Uniform Rules for Forfaiting (URF 800)

Forfaiting means the sale by the seller and the purchase by the buyer of the payment claim on a without recourse basis, in other words, forfaiting is discounting of trade‐related receivables secured with trade finance instruments such as bills of exchange, promissory notes or deferred payment letter of credit. In the U.S, forfaiting is known as "structured trade finance", and every year more than 253.83 € billion of world trade takes place using forfaiting. ICC Uniform Rules for Forfaiting which is called URF 800 is the first set of rules which governs both international and domestic forfaiting transactions. These rules went into effect on January 1, 2013. URF 800 is created by the experts from ICC (International Chamber of Commerce) and IFA (International Forfaiting Association) with a spread of expertise – marketing, operational and legal – and geographical location. 

HOW URF 800 CAN BE APPLIED TO FORFAITING TRANSACTIONS?
All ICC rules which are related to international trade require express incorporation into the agreements. For example, UCP 600 rules will apply to the letters of credit when the text of the credit expressly indicates that it is subject to UCP 600. The Uniform Rules for Forfaiting (URF 800) are no exception. URF 800 rules apply to a forfaiting transaction when the parties expressly indicate that their agreement is subject to these rules. They are binding on all parties thereto except so far as modified or excluded by agreement. 
       
SOME IMPORTANT BENEFITS OF ICC FORFAITING RULES
According to Silja Calac, who was the chair of the task force that gathered from both ICC and IFA to create URF rules, what the UCP (Uniform Customs & Practice for Documentary Credits, ICC publication 600) has achieved for the management of risk in international trade, the URF (ICC publication 800) will hopefully bring to the funded side of trade – not only international trade, but also even domestic receivables financing. She also believes that "the URF will be highly beneficial for exporters intending to sell down their claims related to their trade finance transactions. Referring to clear rules in the documentation will save corporates high legal costs, improve certainty and enhance business because each party will know exactly what to expect.

BENEFITS OF FORFAITING:
ELIMINATES RISK

  • Removes country (i.e. political and transfer) and commercial risk.
  • Provides financing for 100% of contract value.
  • Protects against risks of interest rate increase and exchange rate fluctuation.

ENHANCES COMPETITIVE ADVANTAGES

  • Enables sellers of goods to offer credit to their customers, making their products more attractive by offering credit terms and at the same time cash the sales.
  • Helps sellers to do business in countries where the risk of non-payment would otherwise be too high against the risk premium to be added with the discounting interest.

IMPROVES CASH FLOW

  • Forfaiting enables sellers to receive cash payment while offering credit terms to their customers.
  • Removes accounts receivable, bank loans or contingent liabilities from the balance sheet of the seller.

INCREASES SPEED AND SIMPLICITY OF TRANSACTIONS

  • Fast, tailor-made financing solutions
  • Financing commitments can be issued quickly
  • Documentation is typically concise and straightforward
  • No restrictions on origin of export
  • Relieves seller of administration and collection burden

TYPES OF FORFAITING
In order to illustrate how forfaiting takes place in practice, the following is a typical forfaiting transaction where the buyer and the seller of goods are located in different countries.
1. During the course of negotiations between an exporter and an importer for the supply of goods, the importer asks for credit terms.

2. The exporter approaches a forfaiter and asks for an indication of whether the forfaiter is willing to provide this credit and how much it is likely to cost. At

this stage the forfaiter will need to know:
• The country of the importer
• The importer’s name
• The type of goods
• The value of the goods
• The expected shipment date
• The repayment terms sought by the importer
• Whether the importer’s obligations will be guaranteed by a bank, and if so, who?

3. The forfaiter provides the exporter with an indication of the costs involved. At this stage neither party is committed in any way.

4. When the details of the commercial contract have been agreed, but usually before it has been signed, the exporter asks the forfaiter for a commitment to purchase

the debt obligations (bills of exchange, promissory notes etc) created under the export transaction.

5. The information required for this is the same as for an indication.

6. The forfaiter issues a commitment which is accepted by the exporter and which is binding on both parties. This commitment will contain the following points:
• The details of the underlying commercial transaction.
• The nature of the debt instruments to be purchased by the forfaiter.
• The discount (interest) rate to be applied, together with any other charges
• The documents that the forfaiter will require in order to be satisfied that the debt being purchased is valid and enforceable
• The latest date that the exporter can deliver these documents to the forfeiter

7. The exporter signs the commercial contract with the importer and delivers the goods (2+3).

8. In return, if required, the importer obtains a guarantee from his bank provides the documents that the exporter requires in order to complete the forfaiting.
This exchange of documents is usually handled by a bank, often using a Letter of Credit, in order to minimise the risk to the exporter.

9. The exporter delivers the documents to the forfaiter who checks them and pays for them as agreed in the commitment (6+7).

10. Since this payment is without recourse, the exporter has no further interest in the transaction. It is the forfaiter who collects the future payments due from the importer and it is the forfaiter who runs all the risks of non-payment.

Monday, 2 October 2017

INTERNATIONAL STANDBY PRACTICES (ISP98)

ISP98 embodies the commitment of ICC, through its Commission on Banking Technique and Practice, to provide global leadership in the formulation of standard banking practice for letters of credit and related independent undertakings such as standby letters of credit. In the tradition of ICC’s Uniform Customs and Practice for Documentary Credits (UCP), which is recognized worldwide as the code of practice governing commercial letters of credit, endorsement of the ISP98 by ICC assures that these rules will assume a global character as well.

As standbys came into their own under the UCP, it nevertheless became clear that issues of practice had emerged which required different solutions than those provided by the UCP. ISP98, in a sense, is an evolutionary product of the application of the UCP to standbys, as can be seen in the similarities between the two sets of rules. It is important to note that standbys can still be issued subject to UCP, if the parties determine it is their wish to do so.

It is also significant that ICC has joined hands with the Institute of International Banking Law and Practice in the development of ISP98. The rules, originally developed over several years by the Institute and all segments of the international standby community, benefited from the input of an ICC Working Party, chaired by the Banking Commission’s Technical Adviser, Gary Collyer, which reviewed and made suggestions concerning the rules during the last several months of their development. The result, we are pleased to say, reflects many of ICC’s concerns and represents the output of a productive partnership formed to provide a workable and realistic set of rules for the users of standbys worldwide.

The International Standby Practices (ISP98) reflects generally accepted practice, custom, and usage of standby letters of credit. It provides separate rules for standby letters of credit in the same sense that the Uniform Customs and Practice for Documentary Credits (UCP) and the Uniform Rules for Demand Guarantees (URDG) do for commercial letters of credit and independent bank guarantees. The formulation of standby letter of credit practices in separate rules evidences the maturity and importance of this financial product.

The amounts outstanding of standbys greatly exceed the outstanding amounts of commercial letters of credit. While the standby is associated with the United States where it originated and where it is most widely used, it is truly an international product. Non-U.S. bank outstanding’s have exceeded those of U.S. banks in the United States alone. Moreover, the standby is used increasingly throughout the world.

Standbys are issued to support payment, when due or after default, of obligations based on money loaned or advanced, or upon the occurrence or non-occurrence of another contingency.

For convenience, standbys are commonly classified descriptively (and without operative significance in the application of these Rules) based on their function in the underlying transaction or other factors not necessarily related to the terms and conditions of the standby itself. For example:

• A “Performance Standby” supports an obligation to perform other than to pay money including for the purpose of covering losses arising from a default of the applicant in completion of the underlying transactions.

• An “Advance Payment Standby” supports an obligation to account for an advance payment made by the beneficiary to the applicant.

• A “Bid Bond/Tender Bond Standby” supports an obligation of the applicant to execute a contract if the applicant is awarded a bid.

• A “Counter Standby” supports the issuance of a separate standby or other undertaking by the beneficiary of the counter standby.

• A “Financial Standby” supports an obligation to pay money, including any instrument evidencing an obligation to repay borrowed money.

• A “Direct Pay Standby” supports payment when due of an underlying payment obligation typically in connection with a financial standby without regard to a default.

• An “Insurance Standby” supports an insurance or reinsurance obligation of the applicant.

• A “Commercial Standby” supports the obligations of an applicant to pay for goods or services in the event of non-payment by other methods.

In the past, many standbys have been issued subject to the UCP even though it was intended for commercial letters of credit. The UCP reinforced the independence and documentary character of the standby. It also provided standards for examination and notice of dishonor and a basis to resist market pressures to embrace troublesome practices such as the issuance of standbys without expiration dates.

Despite these important contributions, it has long been apparent that the UCP was not fully applicable nor appropriate for standbys, as is recognized in UCP 500 Article 1 which provides that it applies to the extent to which they may be applicable. Even the least complex standbys (those calling for presentation of a draft only) pose problems not addressed by the UCP. More complex standbys (those involving longer terms or automatic extensions, transfer on demand, requests that the beneficiary issue its own undertaking to another, and the like) require more specialized rules of practice. The ISP fills these needs.

The ISP differs from the UCP in style and approach because it must receive acceptance not only from bankers and merchants, but also from a broader range of those actively involved in standby law and practice corporate treasurers and credit managers, rating agencies, government agencies and regulators, and indenture trustees as well as their counsel. Because standbys are often intended to be available in the event of disputes or applicant insolvency, their texts are subject to a degree of scrutiny not encountered in the commercial letter of credit context. As a result, the ISP is also written to provide guidance to lawyers and judges in the interpretation of standby practice.

Differences in substance result either from different practices, different problems, or the need for more precision. In addition, the ISP proposes basic definitions should the standby permit or require presentation of documents by electronic means. Since standbys infrequently require presentation of negotiable documents, standby practice is currently more conducive to electronic presentations, and the ISP provides definitions and rules encouraging such presentations. The development of S.W.I.F.T. message types for the ISP is anticipated.

The ISP, like the UCP for commercial letters of credit, simplifies, standardizes, and streamlines the drafting of standbys, and provides clear and widely accepted answers to common problems. There are basic similarities with the UCP because standby and commercial practices are fundamentally the same. Even where the rules overlap, however, the ISP is more precise, stating the intent implied in the UCP rule, in order to make the standby more dependable when a drawing or honor is questioned.

Like the UCP and the URDG, the ISP will apply to any independent undertaking issued subject to it. This approach avoids the impractical and often impossible task of identifying and distinguishing standbys from independent guarantees and, in many cases, commercial letters of credit. The choice of which set of rules to select is, therefore, left to the parties as it should be. One may well choose to use the ISP for certain types of standbys, the UCP for others, and the URDG for still others.

While the ISP is not intended to be used for dependent undertakings such as accessory guarantees and insurance contracts, it may be useful in some situations in indicating that a particular undertaking which might otherwise be treated as dependent under local law is intended to be independent.

For the ISP to apply to a standby, an undertaking should be made subject to these Rules by including language such as (but not limited to): l This undertaking is issued subject to the International Standby Practices 1998. or l Subject to ISP98. Although the ISP can be varied by the text of a standby, it provides neutral rules acceptable in the majority of situations and a useful starting point for negotiations in other situations. It will save parties (including banks that issue, confirm, or are beneficiaries of standbys) considerable time and expense in negotiating and drafting standby terms. The ISP is designed to be compatible with the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit (which represents a useful and practical formulation of basic standby and independent guarantee law) and also with local law, whether statutory or judicial, and to embody standby letter of credit practice under that law. If these rules conflict with mandatory law on issues such as assignment of proceeds or transfer by operation of law, applicable law will, of course, control.

Nonetheless, most of these issues are rarely addressed by local law and progressive commercial law will often look to the practice as recorded in the ISP for guidance in such situations, especially with respect to cross border under-takings. As a result, it is expected that the ISP will complement local law rather than conflict with it. The ISP is intended to be used also in arbitration as well as judicial proceedings (such as the expert based letter of credit arbitration system developed by the International Center for Letter of Credit Arbitration (ICLOCA) Rules or general commercial ICC arbitration) or with alternative methods of dispute resolution. Such a choice should be made expressly and with appropriate detail. At a minimum, it can be made in connection with the clause relating to ISP98 - e.g. This undertaking is issued subject to ISP98, and all disputes arising out of it or related to it are subject to arbitration under ICLOCA Rules (1996). Although translations of the ISP into other languages are envisioned and will be monitored for integrity, the English text is the official text of the ISP in the event of disputes.

The ISP is the product of the work of the ISP Working Group under the auspices of the Institute of International Banking Law & Practice, Inc. which interacted with hundreds of persons over a five year period, and has benefitted from comments received from individuals, banks, and national and international associations. In particular, the participation of the International Financial Services Association (formerly the USCIB) and the Ad Hoc Working Group under the chairmanship of Gary Collyer (which led to its endorsement by the ICC Banking Commission) is gratefully recognized. In addition, the sponsorship and support of Citibank N.A., The Chase Manhattan Bank, ABN-AMRO, Baker & McKenzie, and the National Law Center for Inter-American Free Trade is acknowledged.

Perhaps the greatest significance of the ISP is that its creation marks a new chapter in the collaboration between the international banking operations community and the legal community at an international level. In this respect, the active role played in this process by the Secretariat of the United Nations Commission on International Trade Law has been invaluable. The ISP is drafted as a set of rules intended for use in daily practice. It is not intended to provide introductory information on standbys and their uses. While it is recognized that specific rules would benefit from explanatory comments, such comments are not appended to the ISP because the resulting work would be too cumbersome for daily use. Instead, introductory materials and Official Comments are available in the Official Commentary on the International Standby Practices (ISP98).

To address inevitable questions, to provide for official interpretation of the rules, and to assure their proper evolution, the Institute of International Banking Law & Practice, Inc. has created a Council on International Standby Practices which is representative of the several constituencies which have contributed to the ISP and has charged it with the task of maintaining the integrity of the ISP in cooperation with the Institute, the ICC Banking Commission, the IFSA, and various supporting organizations.

DEED OF AGREEMENT (DOA) WITHOUT THE CUSTOMER INFORMATION SHEET (CIS)

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