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Editors Note: Since beginning his occasional column on Islamic
Financing in the Jan 2012
DCW
Issue, Mr. Nizardeens writing has prompted feedback and follow up
questions from readers. Here in this year-end issue, he addresses
multiple questions pertaining to UCP600 Article 12(b) that have been
received.
Questions:
What are the disadvantages and constraints encountered by Islamic
Banks with the introduction of UCP600 Article 12(b)? And what are the
solutions provided by the Islamic Banks to mitigate such situations?
Answer:
UCP600 Article 12(b) allows a nominated bank to prepay or purchase a
draft or a deferred payment undertaking incurred by the nominated bank
based on the issuing banks authorization. If an Islamic bank issues a
letter of credit then it will authorize any nominated bank to prepay or
purchase. If the nominated bank is a conventional bank, it will allow the
conventional bank to prepay or purchase a compliant presentation and it
will definitely involve interest. Dealing in any form of interest or
interest-based elements is prohibited under
Islamic Jurisprudence (Sharia). This will restrict the conventional bank f
rom financing LCs issued byIslamic banks with recourse to the Islamic
bank. As Islamic banks do not want to be the originator of interest-based
transactions, most Islamic banks are deleting Art. 12(b) from
their Usance LCs which bankers would observe when dealing with
Islamic bank LCs. As an issuer, here the Islamic bank is authorizing the
conventional bank to deal in interest-based transactions and Sharia does
not permit such transactions. If the nominated bank is an Islamic bank
and the financing is under an Islamic mode of financing, then
Islamic banks do not delete
Art. 12(b) to facilitate the financing under Islamic Sharia-compliant
financing with recourse to the Islamic bank. Introduction of Art. 12(b)
has sometimes put Islamic banks under tremendous pressure by