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Indirect Bank Guarantee Template for Indonesia

This document template provides the framework for an Indirect Bank Guarantee under Indonesian law, where a local bank (Issuing Bank) issues a guarantee to a beneficiary based on a counter-guarantee from another bank (Counter-Guaranteeing Bank), typically located in a different jurisdiction. The document incorporates requirements from Indonesian banking regulations, including compliance with Bank Indonesia and OJK (Financial Services Authority) requirements, while establishing the rights, obligations, and liabilities of all parties involved in the guarantee chain. It includes specific provisions for payment mechanisms, validity periods, and enforcement procedures in accordance with Indonesian banking laws and regulations.

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What is a Indirect Bank Guarantee?

An Indirect Bank Guarantee is commonly used in international trade and cross-border transactions where a foreign bank's guarantee needs to be "localized" through an Indonesian bank. This document is essential when international parties require a guarantee from a local Indonesian bank, but the foreign party's relationship bank is located outside Indonesia. The structure involves a Counter-Guaranteeing Bank (typically the foreign bank) providing a guarantee to an Issuing Bank in Indonesia, which then issues a guarantee to the beneficiary. The document must comply with Indonesian banking regulations, including Bank Indonesia and OJK requirements, and typically includes provisions for the guarantee amount, validity period, calling conditions, and payment mechanisms. This arrangement is particularly important for international projects, trade finance, and large commercial transactions where local bank guarantees are required by Indonesian law or commercial preference.

What sections should be included in a Indirect Bank Guarantee?

1. Parties: Identifies all parties involved: the Applicant (Principal), the Issuing Bank, and the Counter-Guaranteeing Bank

2. Background: Explains the context of the guarantee, including the underlying transaction and the relationship between parties

3. Definitions: Defines key terms used throughout the guarantee document

4. Guarantee Amount and Currency: Specifies the maximum amount of the guarantee and the currency in which it is issued

5. Purpose of Guarantee: Details the specific purpose and scope of the guarantee

6. Duration and Validity: Specifies the effective date, expiry date, and any automatic extension provisions

7. Conditions for Payment: Sets out the circumstances and conditions under which the guarantee can be called

8. Payment Mechanism: Details the process and timeline for making payments under the guarantee

9. Counter-Guarantee Provisions: Specifies the terms of the counter-guarantee between the banks

10. Rights and Obligations: Lists the specific rights and obligations of each party

11. Fees and Charges: Details all applicable fees, charges, and commission

12. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and relevant jurisdiction

What sections are optional to include in a Indirect Bank Guarantee?

1. Language Requirements: Required when the guarantee needs to be bilingual or when specific language requirements apply

2. Anti-Money Laundering Provisions: Required for high-value guarantees or when dealing with specific jurisdictions

3. Force Majeure: Optional clause detailing circumstances under which obligations may be suspended

4. Assignment Restrictions: Required when transfer or assignment of guarantee rights needs to be restricted

5. Electronic Communications: Required when parties agree to accept electronic notifications and communications

6. Dispute Resolution: Optional detailed dispute resolution procedures beyond basic jurisdiction clause

7. Shariah Compliance: Required when the guarantee needs to comply with Islamic banking principles

What schedules should be included in a Indirect Bank Guarantee?

1. Schedule 1 - Form of Demand: Standard format for making a demand under the guarantee

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission

3. Schedule 3 - Supporting Documents: List of required documents to be submitted with guarantee application

4. Schedule 4 - Communication Details: Contact information and authorized signatories for all parties

5. Appendix A - Underlying Contract Details: Summary of the main contract or obligation being guaranteed

6. Appendix B - Bank Authorization Documents: Copies of relevant banking licenses and authorizations

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

GenieAI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use

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