| Silent
confirmation
A silent confirmation differs from a regular ‘with
request for confirmation/counter-guarantee transaction in that
it does not imply a disclosure of the confirming party, i.e. NLBI,
to the bank who issues the Letters of Credit (L/C) or Letter of
Guarantee (L/G).
It is usually requested when an L/C does not bear a request for
confirmation, however an exporter would like to have additional
security that it will receive adequate payment in accordance with
the terms of commercial agreement.
NLBI, as a confirming party assumes all the risks which are associated
with the underlying transaction from the exporter. Such risks include:
• political risk such as extraordinary
state measures, armed conflict or other political incidents;
• transfer risk, which are associated with
the inability or unwillingness of the importing state or state
bodies to enable or allow execution of payments; e.g. moratoriums
or shortages of currency;
• commercial risk representing unwillingness
or inability of the importer or the guaranteeing bank to pay in
accordance with contractual obligations. Performance risk relating
to the underlying contract are excluded and have to be settled
between exporter and importer directly.
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