Documentary letter of credit
fraud risk management
Yanan Zhang
Department of Law, University of Eastern Finland, Joensuu, Finland
Abstract
Purpose – The purpose of this paper is to explore and examine, in a systematic manner, possible
preventive measures that commercial parties can take in order to prevent or reduce documentary letter
of credit (L/C) fraud in international transactions.
Design/methodology/approach – In the context of international transactions, considering
documentary L/C fraud as a risk, the paper searched preventive measures that different parties
involved can adopt, from both business perspective and legal perspective.
Findings – The paper provides a number of specific measures which buyers, sellers, and banks in
international L/C transactions can take in business to reduce L/C fraud. The option of banks providing
additional services of checking further the validity or authenticity of some documents under the L/C,
by charging additional prices, has reflected the needs of some business parties. However, this is
proposed to be optional rather than compulsory for banks. The lawyers can also play an important role
by adopting preventive legal mentality to help and provide advice to different parties in applying the
preventive and proactive approach. More importantly, the author recommends that buyers or sellers
maintain close cooperation with their banks and lawyers in implementing preventive and proactive
measures.
Practical implications – The paper can be a helpful source of advice for business enterprises likely
to be involved in international documentary L/C transactions.
Originality/value – This paper fulfils the gap of a holistic study on how to prevent international
documentary letter of credit fraud.
Keywords International trade, International finance, Documentary letter of credit, Fraud,
Risk management, Prevention, Buyer, Seller, Banks, Lawyers
Paper type Research paper
1. Introduction
Neil (1980) points out that risk basically means uncertainty. According to Gregory (2008)
enterprise risk management (ERM) can be defined as managing risks associated with
the business objectives of an organisation; risk refers to “the potential for loss caused by
an event (or series of events) that can adversely affect the achievement of a company’s
objectives”. Pickett (2006) argues that in practice many enterprises fail to put the fraud
inside in the ERM frame; thus, Spencer suggests that fraud should be put in the centre
stage, considering fraud as a risk. Besides taking fraud seriously, having a sound and
effective anti-fraud policy (four key elements: prevention, detection, deterrence and
response) in place is important (AICPA, 2009).
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1359-0790.htm
The paper derives partly from the author’s PhD dissertation “Approaches to resolving the
international documentary letters of credit fraud issue”, which was published by University of
Eastern Finland in January 2011 (Publications of the University of Eastern Finland,
Dissertations in Social Sciences and Business Studies No 15). The author is very thankful to
Professor Soili Nyste´n-Haarala for comments.
Documentary
L/C fraud risk
management
343
Journal of Financial Crime
Vol. 19 No. 4, 2012
pp. 343-354
q Emerald Group Publishing Limited
1359-0790
DOI 10.1108/13590791211266340In combating fraud, fraud prevention and detection must operate hand in hand
(AICPA, 2009). To prevent fraud measures to reduce motivation, limit chances and
restrict the ability of offenders to commit fraud have to be taken (AICPA, 2009). Proactive
fraud prevention has to be conducted, and it covers good division of responsibilities,
supervision of staff, monitoring work performance, and all those measures intended to
ensure dishonest people cannot access the system, or even if the system is accessed that a
proper control is in place (COSO, 2004). Further factors that help to prevent fraud can
be anti-fraud policies, procedures, training and fraud awareness (Naill, 2006).
Nevertheless, preventive measures may require some investment in advance and
cannot provide complete protection.
However, even dedicated controls can be abused by fraudsters. Thus, a fraud
detection strategy (designed to detect fraud), including noticing or analysing strange
trends or inconsistencies, looking out for red flags that indicate something may be going
wrong and a reporting system need to be adopted (AICPA, 2009). In addition, managers
also need to assess internal controls regularly, and know the latest fraud issues and what
new scams exist (Pickett, 2006).
Fraud deterrence, deterring potential fraudsters from attempting fraudulent activity,
is linked closely with the response of an enterprise to fraud (AICPA, 2009). It is
significant if a consistent and comprehensive response to suspected and detected events
of fraud is in place. A few response methods have been proved to be effective, such
as conducting thorough investigations, allocating individual personnel liable through
internal, civil or criminal action, preserving evidence for prosecution and reviewing
existing systems to investigate system gaps (AICPA, 2009).
Therefore, in fraud risk management, essentially preventive measures against fraud
are required so that the harmful consequences can be controlled or prevented before fraud
actually happens; and a good response plan is helpful so that people know what to do.
Letter of credit (also documentary credit, or more formally documentary letter of
credit, hereinafter L/C) is a well-known payment method in international trade. This
instrument has two fundamental principles: the autonomy or independence principle
and the doctrine of strict compliance. Such principles intending to facilitate international
transactions make L/C easy to be abused by fraudsters. Traders from developing
countries who are lack of sufficient experience and knowledge in L/C transactions are
often the targets of L/C fraud (Xiaorong and Ruiping, 2005). The Executive Director
of the ICC Commercial Crime Services, Pottengal (2009) emphasised that L/C fraud in
international transactions has become increasingly complex and new schemes have
developed. Each year traders or banks lose huge amounts of money due to international
L/C fraud. In the LONECO case, it was discovered that US$400 million were lost due to a
L/C fraud scheme involving forged documents; 26 international banks in the Middle East
and Europe (some even had sophisticated trade finance operations) were victims
(Pottengal, 2008).
However, how to prevent fraud in international L/C transactions is an
underdeveloped and unsystematic area, which deserves a holistic study. The paper
will consider the following question: how can the theory of fraud risk management be
applied combining the principal ideas of preventive and proactive approaches to the area
of L/C fraud risk management? Theoretically, L/C fraud risk management essentially
includes L/C fraud prevention and response. In this paper, we will first examine L/C
fraud prevention by exploring possible preventive measures commercial parties
JFC
19,4
344in L/C transactions (buyers, sellers, banks and lawyers) can take. Then we will briefly
look at how enterprises can respond to L/C fraud.
2. L/C fraud prevention
This part will discuss the preventive and proactive methods in international L/C
transactions. If systematic preventive methods were applied, the possibilities for L/C
fraud would be reduced. Examining past and predicting potential L/C fraud types
(UNCTAD Report, 2003) will help the trading parties consider vulnerable aspects
where they are likely to be defrauded and accordingly seek preventive measures. In
current international L/C frauds, most of the victims are buyers. Thus, we will start to
examine the measures that buyers can take in order to prevent L/C fraud risk.
2.1 What preventive and proactive measures can buyers take?
Check credibility of seller. Before a buyer concludes a sales contract with the other party,
the buyer needs to collect as much information as possible about the credibility of the
seller (Yuantao, 2007). More importantly, contacting local banks in the seller’s place of
business to learn the credit history and current state of the seller’s business can be
of great help to the buyer (Huanhuan, 2006). From an economic point of view, it is true
that checking credibility involves some information costs. However, compared to
the potential cost that would be involved if fraud were to occur, it would definitely be
worthwhile carrying out thorough search. It is significant for the buyer to choose
a trustworthy partner in international sales transactions.
Check capacity and location of contractual ship. Apart from carefully checking the
credibility of the seller beforehand, the buyer must cautiously choose suitable trade
terms which allocate the risk of goods, cost and liability between buyer and seller in
different ways (Xiaorong and Ruiping, 2005). It is particularly advantageous to grasp
the knowledge of shipping (Jingsheng et al., 2007) and to choose the FOB term rather
than the CIF term in a sales contract to ensure that the buyer has control over the
shipped goods (King Tak, 2008).
It is also recommended that in an underlying sales contract buyers are required to
include terms concerning name of ship and time of shipment (Liwei and Jie, 2008). Such
clauses give the buyer a chance to confirm the availability of the ship. The standard
Lloyd’s information can tell whether a vessel is able to take the contractual quantity of
goods; and Lloyd’s Shipping Intelligence can show the current location of the ship and
thus it is possible to estimate when the ship will arrive at the specified port (Yuqun and
Zhenying, 1999).
Use independent inspectors. In international trade, different methods of payment
allocate different risks to different parties. The L/C payment instrument places the
risk
Documentary letter of credit
fraud risk management
Yanan Zhang
Department of Law, University of Eastern Finland, Joensuu, Finland
Abstract
Purpose – The purpose of this paper is to explore and examine, in a systematic manner, possible
preventive measures that commercial parties can take in order to prevent or reduce documentary letter
of credit (L/C) fraud in international transactions.
Design/methodology/approach – In the context of international transactions, considering
documentary L/C fraud as a risk, the paper searched preventive measures that different parties
involved can adopt, from both business perspective and legal perspective.
Findings – The paper provides a number of specific measures which buyers, sellers, and banks in
international L/C transactions can take in business to reduce L/C fraud. The option of banks providing
additional services of checking further the validity or authenticity of some documents under the L/C,
by charging additional prices, has reflected the needs of some business parties. However, this is
proposed to be optional rather than compulsory for banks. The lawyers can also play an important role
by adopting preventive legal mentality to help and provide advice to different parties in applying the
preventive and proactive approach. More importantly, the author recommends that buyers or sellers
maintain close cooperation with their banks and lawyers in implementing preventive and proactive
measures.
Practical implications – The paper can be a helpful source of advice for business enterprises likely
to be involved in international documentary L/C transactions.
Originality/value – This paper fulfils the gap of a holistic study on how to prevent international
documentary letter of credit fraud.
Keywords International trade, International finance, Documentary letter of credit, Fraud,
Risk management, Prevention, Buyer, Seller, Banks, Lawyers
Paper type Research paper
1. Introduction
Neil (1980) points out that risk basically means uncertainty. According to Gregory (2008)
enterprise risk management (ERM) can be defined as managing risks associated with
the business objectives of an organisation; risk refers to “the potential for loss caused by
an event (or series of events) that can adversely affect the achievement of a company’s
objectives”. Pickett (2006) argues that in practice many enterprises fail to put the fraud
inside in the ERM frame; thus, Spencer suggests that fraud should be put in the centre
stage, considering fraud as a risk. Besides taking fraud seriously, having a sound and
effective anti-fraud policy (four key elements: prevention, detection, deterrence and
response) in place is important (AICPA, 2009).
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1359-0790.htm
The paper derives partly from the author’s PhD dissertation “Approaches to resolving the
international documentary letters of credit fraud issue”, which was published by University of
Eastern Finland in January 2011 (Publications of the University of Eastern Finland,
Dissertations in Social Sciences and Business Studies No 15). The author is very thankful to
Professor Soili Nyste´n-Haarala for comments.
Documentary
L/C fraud risk
management
343
Journal of Financial Crime
Vol. 19 No. 4, 2012
pp. 343-354
q Emerald Group Publishing Limited
1359-0790
DOI 10.1108/13590791211266340In combating fraud, fraud prevention and detection must operate hand in hand
(AICPA, 2009). To prevent fraud measures to reduce motivation, limit chances and
restrict the ability of offenders to commit fraud have to be taken (AICPA, 2009). Proactive
fraud prevention has to be conducted, and it covers good division of responsibilities,
supervision of staff, monitoring work performance, and all those measures intended to
ensure dishonest people cannot access the system, or even if the system is accessed that a
proper control is in place (COSO, 2004). Further factors that help to prevent fraud can
be anti-fraud policies, procedures, training and fraud awareness (Naill, 2006).
Nevertheless, preventive measures may require some investment in advance and
cannot provide complete protection.
However, even dedicated controls can be abused by fraudsters. Thus, a fraud
detection strategy (designed to detect fraud), including noticing or analysing strange
trends or inconsistencies, looking out for red flags that indicate something may be going
wrong and a reporting system need to be adopted (AICPA, 2009). In addition, managers
also need to assess internal controls regularly, and know the latest fraud issues and what
new scams exist (Pickett, 2006).
Fraud deterrence, deterring potential fraudsters from attempting fraudulent activity,
is linked closely with the response of an enterprise to fraud (AICPA, 2009). It is
significant if a consistent and comprehensive response to suspected and detected events
of fraud is in place. A few response methods have been proved to be effective, such
as conducting thorough investigations, allocating individual personnel liable through
internal, civil or criminal action, preserving evidence for prosecution and reviewing
existing systems to investigate system gaps (AICPA, 2009).
Therefore, in fraud risk management, essentially preventive measures against fraud
are required so that the harmful consequences can be controlled or prevented before fraud
actually happens; and a good response plan is helpful so that people know what to do.
Letter of credit (also documentary credit, or more formally documentary letter of
credit, hereinafter L/C) is a well-known payment method in international trade. This
instrument has two fundamental principles: the autonomy or independence principle
and the doctrine of strict compliance. Such principles intending to facilitate international
transactions make L/C easy to be abused by fraudsters. Traders from developing
countries who are lack of sufficient experience and knowledge in L/C transactions are
often the targets of L/C fraud (Xiaorong and Ruiping, 2005). The Executive Director
of the ICC Commercial Crime Services, Pottengal (2009) emphasised that L/C fraud in
international transactions has become increasingly complex and new schemes have
developed. Each year traders or banks lose huge amounts of money due to international
L/C fraud. In the LONECO case, it was discovered that US$400 million were lost due to a
L/C fraud scheme involving forged documents; 26 international banks in the Middle East
and Europe (some even had sophisticated trade finance operations) were victims
(Pottengal, 2008).
However, how to prevent fraud in international L/C transactions is an
underdeveloped and unsystematic area, which deserves a holistic study. The paper
will consider the following question: how can the theory of fraud risk management be
applied combining the principal ideas of preventive and proactive approaches to the area
of L/C fraud risk management? Theoretically, L/C fraud risk management essentially
includes L/C fraud prevention and response. In this paper, we will first examine L/C
fraud prevention by exploring possible preventive measures commercial parties
JFC
19,4
344in L/C transactions (buyers, sellers, banks and lawyers) can take. Then we will briefly
look at how enterprises can respond to L/C fraud.
2. L/C fraud prevention
This part will discuss the preventive and proactive methods in international L/C
transactions. If systematic preventive methods were applied, the possibilities for L/C
fraud would be reduced. Examining past and predicting potential L/C fraud types
(UNCTAD Report, 2003) will help the trading parties consider vulnerable aspects
where they are likely to be defrauded and accordingly seek preventive measures. In
current international L/C frauds, most of the victims are buyers. Thus, we will start to
examine the measures that buyers can take in order to prevent L/C fraud risk.
2.1 What preventive and proactive measures can buyers take?
Check credibility of seller. Before a buyer concludes a sales contract with the other party,
the buyer needs to collect as much information as possible about the credibility of the
seller (Yuantao, 2007). More importantly, contacting local banks in the seller’s place of
business to learn the credit history and current state of the seller’s business can be
of great help to the buyer (Huanhuan, 2006). From an economic point of view, it is true
that checking credibility involves some information costs. However, compared to
the potential cost that would be involved if fraud were to occur, it would definitely be
worthwhile carrying out thorough search. It is significant for the buyer to choose
a trustworthy partner in international sales transactions.
Check capacity and location of contractual ship. Apart from carefully checking the
credibility of the seller beforehand, the buyer must cautiously choose suitable trade
terms which allocate the risk of goods, cost and liability between buyer and seller in
different ways (Xiaorong and Ruiping, 2005). It is particularly advantageous to grasp
the knowledge of shipping (Jingsheng et al., 2007) and to choose the FOB term rather
than the CIF term in a sales contract to ensure that the buyer has control over the
shipped goods (King Tak, 2008).
It is also recommended that in an underlying sales contract buyers are required to
include terms concerning name of ship and time of shipment (Liwei and Jie, 2008). Such
clauses give the buyer a chance to confirm the availability of the ship. The standard
Lloyd’s information can tell whether a vessel is able to take the contractual quantity of
goods; and Lloyd’s Shipping Intelligence can show the current location of the ship and
thus it is possible to estimate when the ship will arrive at the specified port (Yuqun and
Zhenying, 1999).
Use independent inspectors. In international trade, different methods of payment
allocate different risks to different parties. The L/C payment instrument places the
risk
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