The Counter Standby Letter of Credit is a crucial financial instrument in international banking and trade, particularly under Swiss law which is renowned for its robust banking regulations and financial sector stability. This document is typically used when a bank needs to provide a counter-guarantee to another bank that has issued a primary Standby Letter of Credit, creating a back-to-back guarantee structure. The Counter Standby Letter of Credit includes specific terms for reimbursement, drawing conditions, validity periods, and compliance requirements with both Swiss banking regulations and international banking practices. It's commonly used in complex international transactions where multiple jurisdictions and parties are involved, providing an additional layer of security and risk mitigation for international trade and project finance transactions. The document must comply with Swiss federal banking laws, anti-money laundering regulations, and typically references international banking standards such as ISP98 or UCP 600.
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1. Issuing Bank Details: Complete identification and contact information of the bank issuing the Counter Standby Letter of Credit
2. Beneficiary Bank Details: Complete identification and contact information of the bank that is beneficiary of the Counter Standby Letter of Credit
3. Reference to Primary SBLC: Details of the primary Standby Letter of Credit being counter-guaranteed, including reference numbers and dates
4. Counter-Guarantee Amount: Specification of the maximum amount and currency of the counter-guarantee
5. Validity Period: Clear statement of the effective date and expiry date of the Counter Standby Letter of Credit
6. Drawing Terms: Specific conditions and documentation required for drawing under the counter-guarantee
7. Governing Law Declaration: Express statement that the CSBLC is governed by Swiss law
8. Applicable Rules: Reference to applicable rules (such as ISP98 or UCP 600)
9. Communication Methods: Specified means of communication for demands and notices
1. Transfer Provisions: Include when the CSBLC needs to be transferable to other beneficiaries
2. Multiple Drawing Provisions: Include when multiple partial drawings are to be permitted
3. Foreign Law Compliance: Include when the CSBLC must comply with specific foreign laws in addition to Swiss law
4. Force Majeure Clause: Include when specific force majeure provisions need to be addressed beyond standard banking practice
5. Electronic Presentation: Include when electronic presentation of documents is permitted
1. Demand Form: Standard form for making demands under the Counter Standby Letter of Credit
2. Required Documents List: Detailed list of documents required for any drawing under the CSBLC
3. Authentication Procedures: Procedures for authenticating demands and communications
4. Fee Schedule: Schedule of fees and charges applicable to the CSBLC
5. Specimen Signatures: Authorized signatures for the issuing and beneficiary banks
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