Back-date B/L Letter of Indemnity

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📖 Detailed Explanation

A Back-date B/L Letter of Indemnity is a written guarantee issued by the shipper (usually the exporter) to the carrier (shipping company) in foreign trade practice when the actual shipment date is later than the shipment period stipulated in the letter of credit. Its core content is: the shipper requests the carrier to issue a bill of lading with an earlier date as required by the letter of credit (i.e., a back-dated bill of lading), and promises to bear all responsibilities and expenses arising therefrom, including claims from the consignee, losses of the carrier, etc. It is mostly used under letter of credit settlement when goods fail to be shipped on time for some reason, but the exporter is unwilling to amend the letter of credit or cannot complete shipment within the shipment period, so it uses a back-dated bill of lading to meet the document requirements of the letter of credit. Precautions: Back-dating a bill of lading is a fraudulent act, violating international trade practices and the laws of many countries. Once discovered, the carrier may face penalties, and the shipper may also lose the right to receive payment under the letter of credit and even be held legally liable. Unlike a general letter of indemnity used for taking delivery of goods, a back-date letter of indemnity specifically addresses the back-dating of the bill of lading date, and is different from an 'advanced bill of lading': an advanced bill of lading is issued before the goods are loaded on board, while a back-dated bill of lading is issued after the goods are loaded but with an earlier date.

📝 Examples

1. Due to factory production delays, the goods were actually loaded on board on May 10, but the letter of credit stipulated that the shipment period should be no later than May 5. The exporter therefore issued a back-date letter of indemnity to the shipping company, requesting the issuance of a bill of lading dated May 5 to facilitate settlement of foreign exchange. (Note: The exporter resolves the shipment period discrepancy through the back-date letter of indemnity, but faces legal risks.) 2. After the carrier agreed to accept the back-date letter of indemnity, the shipping company issued an on-board bill of lading dated April 30 as required by the letter of credit, and the exporter presented documents to the bank for negotiation based on this. (Note: The back-date letter of indemnity makes the bill of lading date comply with the letter of credit, but if discovered by the bank or importer, it may lead to refusal of payment and claims.)

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