• International Commerce and Information Review
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• v.3 no.1
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• pp.105-118
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• 2001

본 연구는 미국의 거액전자자금이체에서의 지급지시의 효력을 검토하고 그 시사점을 제시한 것이다. 거액전자자금이체에서의 지급지시의 효력은 원지시인으로부터 구속력을 가진 지급지시의 발행, 수신은행의 지급지시에 따른 승낙, 그리고 수익자에 대한 채무이행으로 발생된다. 이와 같은 지급지시는 원지시인의 지급지시취소, 수신은행의 지급지시거절, 그리고 무권한적인 지급지시인 경우에 그 효력이 소멸된다. 즉, 원지시인으로서 업증된 전송자가 발행한 지급지시를 수신은행이 승낙하는 경우에만 지급지시가 정상적으로 이행되어 전자자금이체가 완료된다고 할 수 있다. 따라서 원지시인과 수신은행은 원지시인에 대한 입증과 지급지시의 진정성을 확보하여야 한다. 이러한 입증과 진정성 문제를 해결하기 위하여 관련 당사자들은 특히 보안절차의 확립에 관하여 약정하는 것이 중요하다.

• International Commerce and Information Review
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• v.16 no.2
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• pp.89-109
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• 2014

The purpose of price escalation clauses has the effect of increasing the L/C value subject to external pricing mechanisms. This will be found inter alia in metals and oil products transactions. Such a clause gives rise to a question. That is, whether it is enforceable or whether it constitutes a letter of credit. The problem is what to reference to a source outside the context of a letter of credit constitutes a non-documentary condition rendering the undertaking something other than a letter of credit. Reference to an objective and readily available index is not something that renders the undertaking obscure and is not "non-documentary in the sense that it is possible to make an objective verification of the data. The possible solution is that not every non-documentary condition will be disregarded. For example, an index specified in the credit will not be disregarded as stipulated in ISP98 and URDG758. If a non-documentary is "central and fundamental", it seems that the parties intended a dependent payment obligations. The most common means of overcoming this conflicts of interests is to issue an instrument incorporatingan escalation clause, but capping the bank's maximum payment obligation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.109-139
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• 2013

This paper is to review the Uniform Rules for Bank Payment Obligations(URBPO 750E) which were developed by the Banking Commission of the International Chamber of Commerce and to present the implications. The rules were unanimously adopted during Lisbon meeting of the ICC Banking Commission on April 17th, 2013 and taken effect as of July 1, 2013. A BPO is an irrevocable undertaking given by an Obligor bank to a Recipient bank to pay a specified amount under the condition of a successful electronic matching of data or acceptance of mismatches. It is an alternative instrument for trade settlement, designed to complement existing solution and not to replace them(ICC,750E). The BPO enables banks to provide sellers and buyers with advanced risk mitigations and enhanced financing services. The BPO will improve trade processing efficiency such as increased transaction times, reduced handling cost, and others. It is believed that the BPO will have an important role to play in supporting the development of Supply Chain Finance in international Trade. So, This study will review the provisions and application of the URBPO 750E based on documentary materials including swift com and icc.org and so on.

• Korea Trade Review
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• v.43 no.4
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• pp.1-25
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• 2018

Bank payment obligations (BPO) have been used since 2013 as a payment solution in the business of supply chain finance. The BPO is an irrevocable undertaking of the obligor bank subject to the successful electronic matching of all required data sets with the established baseline in the TMA. Although the BPO should be regarded as similar to a letter of credit, it is a new payment solution based on advanced technology and data-driven mechanisms. The BPO differs from the credit in institutional terms such as bank-to-bank obligations, automated matching engines, and transfer and confirmation, etc. The BPO can also be used effectively as a stand-alone electronic solution to traditional instruments. it provides a new range of solutions to meet the ever-changing needs of trade customers. However, Operation of the BPO can leads to several issues including an assurance of payment between recipient banks and sellers because the BPO is a bank-to-bank obligation. The URBPO does not apply to relationships between banks and their business clients. So, the primary objective of this paper is to promote institutional understanding and present implications by reviewing major issues concerning the BPO as compared with the letter of credit from the institutional point of view. This research was based on documentary research focusing on the preceding research and the materials of ICC and SWIFT.

• Korea Trade Review
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• v.42 no.5
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• pp.213-232
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• 2017

A Bank Payment Obligation is now in operation as payment instruments in the business of Supply Chain Finance since 2013. The BPO is an irrevocable undertaking of the Obligor Bank subject to the successful electronic matching of all required Data Sets with the established Baseline in the TMA. Although the BPO should be regarded as similar to a Letter of Credit, it is a new payment solution based on a technology and data-driven mechanisms. The BPO is different from the letter of credit in their structure such as a bank to bank obligation, an automated matching engine, a transfer and confirmation of the Credit, etc. The BPO can also be used more effectively on a stand-alone solution as an electronic alternative to the traditional instruments. it will provide a new range of solutions to meet the ever-changing needs of the trade customers. However, the BPO could be raised several issues including an assurance of payment between recipient banks and sellers because the BPO is a bank-to-bank obligation. The URBPO do not applies to the relationships between banks and their business clients. So, the primary objective of this paper is to promote the institutional understanding and present the implications by reviewing the majn issues in the BPO as comparision with the Letter of Credit from the institutional point of view. This research was also based on documentary research focusing on the preceding research and the materials of ICC and SWIFT.