Letters of Credit
Introduction
The letter of credit or documentary credit is a means of payment issued by a solvent entity, generally a bank. The letter of credit is independent of the contract that gave rise to it. The letter of credit is used in general terms in the purchase and sale of merchandise or goods, however, this payment instrument can be used in other contracts. The letter of credit has no legal basis in state laws, which is why they are not classified as contracts but as new lex mercatoria. Although there is no specific set of laws for letters of credit, the parties to an international sales contract generally choose to include rules related to “the letter of credit” that are not laws in themselves, but become laws for the parties once mentioned in their contracts.
Private, non-governmental international organizations, such as the International Chamber of Commerce (ICC), have attempted to achieve uniformity in all aspects related to the letter of credit. The ICC has compiled a set of rules that have become the regular way of dealing with letter of credit. In the usual practice of the Spanish-speaking banking community, the use of the acronym UCP (Uniform Customs and Practice for Documentary Credits) is widespread instead of RUU («Rules and uniform uses for documentary credits»), which are what would correspond in Spanish.
The first version of this compilation or codification of uses was approved at the VII Congress of the ICC held in Vienna (Austria), on May 29, 1933.[1] These are the so-called "Vienna rules" or "UCP 1933", which were adopted by bankers in Europe and the United States, although rejected in the United Kingdom and the countries of the Commonwealth of Nations (Commonwealth). After the Second World War, the UCPs have been periodically reviewed and updated in their entirety by ICC private sector experts, giving rise to six other versions: 151 of 1951, 222 of 1962, 290 of 1974 (with assistance from the United Nations Commission on International Trade Law), 400 of 1983, 500 of 1993 and 600 of 2007.
Each revision of this set of rules is identified by a number, the most recent version being number 600. Use of this set of rules and usages does not restrict the scope of rules that may be applied to a transaction involving a “letter of credit.” In other words, the encoding source is not limited. However, in a transaction involving a “letter of credit,” the parties generally choose to include the rules referred to as UCP 600, which are not laws in themselves, but become laws for the parties once mentioned in their contracts.[2].