The Bank Guarantee In International Trade is a crucial financial instrument used in cross-border commercial transactions where Pakistani entities engage in international business. This document becomes necessary when a foreign party requires security for performance or payment from a Pakistani counterpart. The guarantee, issued under Pakistani law while conforming to international banking practices, provides assurance to the beneficiary that the guaranteed obligation will be fulfilled, with the bank stepping in if the principal defaults. It includes specific terms regarding the guarantee amount, validity period, conditions for calling the guarantee, and payment mechanisms, while ensuring compliance with both Pakistani banking regulations and international trade conventions.
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1. Parties: Identification of the Guarantor Bank, the Beneficiary, and the Principal/Applicant
2. Background: Context of the underlying transaction and purpose of the guarantee
3. Definitions: Definitions of key terms used in the guarantee, including technical banking and trade terms
4. Guarantee Amount: Specific amount of the guarantee and currency
5. Scope of Guarantee: Exact obligations being guaranteed and conditions under which the guarantee can be called
6. Duration and Validity: Effective date, expiry date, and any automatic extension provisions
7. Demand Procedure: Process and requirements for making a valid demand under the guarantee
8. Payment Terms: Timeline and method of payment upon valid demand
9. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released
10. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes
11. Notices: Communication methods and addresses for all formal notices
12. Assignment: Restrictions on transfer or assignment of rights under the guarantee
1. Counter-Guarantee Provisions: Used when there is a counter-guarantee from another bank, typically in cross-border transactions
2. Electronic Presentation: Include when parties agree to accept electronic demands and documents
3. Force Majeure: Specific provisions for handling force majeure events affecting the guarantee
4. Partial Demands: Include when multiple partial demands are permitted under the guarantee
5. Transfer Provisions: Detailed rules for transfer when the guarantee is transferable
6. Language: Include when guarantee is issued in multiple languages to specify controlling version
7. Anti-Money Laundering Compliance: Special provisions for compliance with AML regulations
8. Sanctions Clause: Include when dealing with international parties to address sanctions compliance
1. Form of Demand: Template for making a compliant demand under the guarantee
2. Underlying Contract Details: Summary or extract of the main commercial contract being guaranteed
3. Authentication Procedures: Specific requirements for authenticating demands and communications
4. Authorized Signatories: List of persons authorized to act under the guarantee
5. Fee Schedule: Details of bank charges and fees applicable to the guarantee
6. Supporting Documents: List of required supporting documents for making a demand
7. SWIFT/Electronic Communication Protocols: Technical specifications for electronic communications
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