Advising Bank In Bank Guarantee for the United States

Advising Bank In Bank Guarantee Template for United States

An Advising Bank In Bank Guarantee agreement is a legal document governed by US federal and state banking laws that establishes the terms and conditions under which an advising bank authenticates and communicates bank guarantees to beneficiaries. The agreement outlines the advising bank's responsibilities, liability limitations, fee structure, and communication protocols while ensuring compliance with US banking regulations, including the Uniform Commercial Code and Federal Reserve requirements.

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What is a Advising Bank In Bank Guarantee?

The Advising Bank In Bank Guarantee agreement is essential when a bank acts as an intermediary to verify and communicate guarantees issued by other banks. This document is particularly crucial in international trade finance where the beneficiary needs local bank verification of foreign bank guarantees. The agreement outlines the scope of the advising bank's services, risk allocation, and compliance requirements under US banking laws. It provides clarity on the authentication process, communication methods, and fee arrangements while protecting all parties' interests in accordance with US federal and state regulations.

What sections should be included in a Advising Bank In Bank Guarantee?

1. Parties: Identifies the advising bank and the bank issuing the guarantee

2. Background: Context of the bank guarantee and advising relationship

3. Definitions: Key terms used throughout the agreement including relevant banking and regulatory terminology

4. Scope of Services: Detailed outline of advising bank's role, responsibilities, and limitations

5. Fee Structure: Comprehensive details of advising fees, payment terms, and any additional charges

6. Communications Protocol: Procedures for authenticating and transmitting guarantee-related messages and documents

7. Compliance Requirements: Obligations relating to AML, KYC, and regulatory compliance

8. Liability and Indemnification: Extent of advising bank's liability and indemnification provisions

9. Term and Termination: Duration of the agreement and circumstances for termination

What sections are optional to include in a Advising Bank In Bank Guarantee?

1. Sanctions Compliance: Specific provisions for compliance with international sanctions and OFAC requirements

2. Force Majeure: Provisions for circumstances beyond parties' control affecting performance

3. Electronic Banking Provisions: Specific terms for electronic transmission of documents and digital communications

4. Dispute Resolution: Specific procedures for handling disputes between parties

What schedules should be included in a Advising Bank In Bank Guarantee?

1. Schedule A - Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Schedule B - Communication Procedures: Detailed protocols for secure communications and authentication methods

3. Schedule C - Specimen Signatures: List of authorized signatories and their specimen signatures

4. Schedule D - Standard Forms: Templates for routine communications and notifications

5. Schedule E - Compliance Procedures: Detailed procedures for regulatory compliance and reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Clauses
Relevant Industries

International Trade

Construction

Manufacturing

Financial Services

Relevant Teams

Trade Finance

Legal

Compliance

Treasury

Risk Management

Operations

Relevant Roles

Trade Finance Manager

Bank Relationship Manager

Compliance Officer

Treasury Manager

Legal Counsel

Risk Manager

Industries

UCC Article 5: Uniform Commercial Code Article 5 governing Letters of Credit and bank guarantees in the United States, providing fundamental framework for banking instruments

Federal Reserve Act: Core federal banking statute that establishes the Federal Reserve System and provides basic framework for banking operations in the US

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering, establishing reporting and compliance requirements

USA PATRIOT Act: Enhances anti-money laundering requirements and establishes additional due diligence requirements for financial institutions

International Banking Act: Governs operations of foreign banks in the United States and establishes regulatory framework for international banking transactions

Dodd-Frank Act: Comprehensive financial reform legislation affecting banking operations, risk management, and consumer protection

Federal Reserve Regulations: Set of rules and guidelines issued by the Federal Reserve Board governing banking operations and practices

OCC Guidelines: Regulatory framework established by the Office of the Comptroller of the Currency for national banks and federal savings associations

FDIC Regulations: Rules and requirements established by the Federal Deposit Insurance Corporation for insured financial institutions

FinCEN Requirements: Financial Crimes Enforcement Network guidelines for reporting and compliance in financial transactions

URDG 758: Uniform Rules for Demand Guarantees established by the International Chamber of Commerce, providing international standards for bank guarantees

ICC Rules: International Chamber of Commerce rules governing international banking practices and standards

ISP98: International Standby Practices providing rules for standby letters of credit and similar instruments

State Banking Laws: Specific banking regulations that vary by state, supplementing federal requirements for banking operations

AML Regulations: Anti-Money Laundering regulations requiring banks to implement specific monitoring and reporting procedures

KYC Requirements: Know Your Customer protocols requiring banks to verify customer identity and assess risk levels

OFAC Regulations: Office of Foreign Assets Control requirements for sanctions compliance in international banking transactions

Basel Guidelines: International banking supervision guidelines established by the Basel Committee on Banking Supervision for risk management and capital adequacy

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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