Budget dashes hopes of modernisation, says Army vice-chief
The Wire
March 13, 2018
Facing flak over its failure to detect the mega scam in the Punjab National Bank (PNB), the Reserve Bank of India (RBI) on Tuesday disallowed issuance of Letter of Undertakings (LoUs) and Letters of Comfort (LoCs) for funding imports, in a move that would force importers to use expensive Letters of Credit (LCs) instead, which could increase their transaction costs by 2-5%.
LoUs were used by the Nirav Modi and Mehul Choksi-promoted companies as a tool to defraud PNB of more than Rs 11,000 crore in a scam that shook the public’s confidence in the country’s public sector banks. PNB officials in a Mumbai corporate branch fraudulently issued LoUs, bypassing the bank’s core banking software. State Bank of India (SBI) and other public sector banks provided financing to these companies against the LoUs issued by PNB. This fraud was going on since 2011.
Scamsters Nirav Modi, Mehul Choksi and their family members left India before investigative agencies could act against the curlprits.
“Banks will earn more money by issuing LCs in place of LoUs and LoCs and transaction costs for imports could go up by 2-5%,” Arun Goyal, a well-known trade expert, told The Wire.
Finance minister Arun Jaitley blamed the PNB scam on poor supervision by regulators and auditors.
“Regulators have a very important function. Regulators ultimately decide the rules of the game and regulators have to have a third-eye which is to be perpetually be open,” the finance minister said while commenting on the PNB scam.
Jaitley added, “But unfortunately in the Indian system, we politicians are accountable, the regulators are not.”
The RBI has finally cracked down on LoUs and LoCs. A RBI circular said,”It has been decided to discontinue the practice of issuance of LoUs/ LoCs for Trade Credits for imports into India by AD Category –I banks with immediate effect.”
The central bank said that the LCs will be continued to be issued “subject to compliance with the provisions contained in Department of Banking Regulation Master Circular on ‘Guarantees and Co-acceptances’ dated July 1, 2015.”
Buyers credit is arranged against LOUs or LOCs issued by importer’s bank. LoU in simple terms is bank guarantee issued by Indian bank against which overseas bank provide finance on Libor rates. Libor linked finance used by importers are buyers credit, suppliers credit and external commercial borrowings, among others.
LoC in the banking parlance is referred to a document which is provided by a person, typically an affiliate such parent company to assure the financial soundness of the borrower to repay its debt.
A LoC is a letter from a bank guaranteeing that a buyer’s payment to a seller will be received on time and for the correct amount. In the event that the buyer is unable to make payment on the purchase, the bank will be required to cover the full or remaining amount of the purchase.
Due to the nature of international dealings, including factors such as distance, differing laws in each country, and difficulty in knowing each party personally, the use of LCs has become a very important aspect of international trade, said experts.
Reference-https://thewire.in/banking/pnb-discloses-145-million-additional-exposure-in-fraud-probe-document
Comments
Post a Comment