The Non Operative SBLC is a specialized banking instrument used in Indonesia when parties need a standby guarantee arrangement that won't be operationalized under normal circumstances. This document is particularly relevant in situations where a formal bank guarantee is required for compliance or regulatory purposes, but the actual drawing or operation of the SBLC is not anticipated. It follows Indonesian banking regulations, particularly Bank Indonesia guidelines and OJK requirements, while incorporating international banking practices. The document typically includes detailed terms about the non-operative nature, validity period, maximum drawable amount, and specific conditions under which it might be activated. It's commonly used in large commercial transactions, project tenders, or international trade arrangements where Indonesian entities need to demonstrate financial backing without the intention of drawing upon the instrument.
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1. Letter Reference and Date: Document identification number, date of issuance, and type of SBLC
2. Issuing Bank Details: Complete details of the issuing bank including name, address, and SWIFT code
3. Beneficiary Details: Full name and address of the beneficiary of the SBLC
4. Applicant Details: Complete information about the party requesting the SBLC
5. Amount and Currency: The maximum drawable amount and currency of the SBLC
6. Expiry Details: Date and place of expiry of the SBLC
7. Form of Presentation: Requirements for making a complying presentation under the SBLC
8. Available With: Specifies whether the SBLC is available with any bank or specific banks
9. Purpose Statement: Clear statement of the purpose and non-operative nature of the SBLC
10. Governing Rules: Reference to ISP98 or UCP 600 as applicable
11. Governing Law and Jurisdiction: Specification of Indonesian law and relevant jurisdiction
1. Transferability Clause: Include when the SBLC needs to be transferable to other beneficiaries
2. Partial Drawings: Include when multiple partial drawings are to be permitted
3. Special Conditions: Include when there are additional requirements or conditions specific to the transaction
4. Force Majeure: Include when specific force majeure provisions are required beyond standard banking practice
5. Anti-Money Laundering Compliance: Include when enhanced AML provisions are required
6. Language Provision: Include when the SBLC needs to be issued in multiple languages
1. Schedule A - Form of Demand: Standard format for making a complying demand under the SBLC
2. Schedule B - Supporting Documents: List and format of required supporting documents for presentation
3. Schedule C - Bank Authorization: Copy of authorized signatories and specimen signatures
4. Appendix 1 - Underlying Transaction Details: Details of the transaction or obligation being supported by the SBLC
5. Appendix 2 - Fee Schedule: Details of all applicable fees, charges, and commission
6. Appendix 3 - Communication Procedures: Procedures for notifications and communications between parties
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