Third, do not ignore compliance risks。After 9/11, the United States and the West tightened sanctions on some countries and added some countries to the list of sponsors of terrorism。Therefore, if you are engaged in construction projects in countries sanctioned by the United States and Western countries, you should carefully assess compliance risks to avoid unnecessary troubles。
Fourth, the bank should carefully evaluate the qualification of the enterprise, and the enterprise should make a correct evaluation of its own activity ability and business level, so as to avoid its own qualification and ability being questioned when engaged in projects in strange places, which will lay hidden dangers for claims under the future letter of guarantee。
Fifth, it is technically necessary to understand the financial and legal environment of the country where the project is located。The situation varies greatly from country to country,As in Libya,Its legal system belongs to the Napoleonic legal system,The civil law system,But it is deeply influenced by Islamic law,If the underlying transaction involves areas prohibited by Islamic law,This will make the guarantee void,Therefore, it will involve the issue of guarantee confirmation;And in Indonesia,The letter of guarantee states that the Civil Code 1832 applies,Claims are generally made 15 days after the date of expiry of the guarantee;In India,The validity period of the guarantee and the statute of limitations should be distinguished。In the case of a fixed period of validity, according to Article 8 of the Contract Law, the claim must be filed before the period of validity, and the limitation of action is three years if the beneficiary is a private company, and 30 years if the beneficiary is a government organization.Others such as Sri Lanka, if the guarantee currency is the local currency, but also bear high taxes and so on。The best way to understand the local financial and legal environment is to communicate with the local bank, or hire an international law firm that understands the local financial and legal environment to strengthen the audit of the letter of guarantee business, or find a new way to understand the local financial and legal environment through the transfer of the letter of guarantee。
Sixth, attach importance to the training of professional talents。The letter of guarantee business is a team business, which requires the close cooperation of account manager, product sales, risk, operation, legal, compliance and other business personnel。Among them, the product sales staff should be experts in the guarantee, and play a communication and coordination role in the entire business。Only by establishing a professional team and doing a good job in the early stage of the development of the letter of guarantee and the process of the development of the letter of guarantee, can scientific and reasonable treatment be carried out in the event of the claim of the letter of guarantee, so as to protect the reputation of the company and the bank to the greatest extent。
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Copyright: Qingyuan City Committee of the China Council for the Promotion of International Trade Address: Room 1309, Qingyuan Building, Luming Road, Qingcheng District, Qingyuan City, Guangdong Province
Guangdong public network security record number :44180202000213 Guangdong ICP record number :20003518
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