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The purpose of this paper is to examine the current legal framework for payment system in international Islamic trade finance vis‐à‐vis the new regime introduced by the Uniform Customs and Practice for Documentary Credits (UCP) 600 as well as the Sharī'ah Standard on Documentary Credits issued by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Sharī'ah Resolutions of selected Sharī'ah Boards of Islamic financial institutions.

A partial comparison of both the UCP 600 and the Sharī'ah framework for documentary credit is given through the content analysis of relevant sources.

The AAOIFI Sharī'ah Standard on Documentary Credits, as well as other applicable Sharī'ah resolutions of Islamic financial institutions, does provide a good framework for a Sharī'ah‐compliant documentary credit system, which is unique to trade in Islamic finance products, but there is scope for further improvement, taking into consideration the two possibilities proposed in the available literature on the subject – harmonization or bifurcation of rules. The UCP 600 also allows for the exclusion or modification of the rules to suit the specific needs of the Islamic finance industry.

This study focuses only on UCP 600 and the Sharī'ah framework on Documentary Credits, though bearing mind that there are other frameworks for documentary credit systems such as the International Standby Practices (ISP98) and letters of credit issued under Article 5 of the New York Uniform Commercial Code.

Islamic financial institutions should implement the provisions of the AAOIFI Sharī'ah standard on documentary credits but may require a different framework for international trade financing involving both Islamic banks and conventional banks.

Though few studies have been conducted on Sharī'ah issues regarding the application of the documentary credits, this seems to be the first time where a more proactive step is taken to propose two different frameworks for transactions involving Sharī'ah compliant financing.

This guide is compiled in order that banks may see the extent of the overall problem of fraud and money laundering in documentary credit transactions. It also contains advice on how banks and bankers may protect themselves and their staff from the consequences of fraudulent attacks against the system.

This paper seeks to examine the differences between traditional documentary credits and corporate issued documentary credits and to show the effects of these differences on the application of documentary credits within a fraud context.

The objective of the paper is achieved by analysis of relevant documents of related institutions together with some examples of works done by the authors from the field.

It is found that the documentary credits issued by corporations can be a tool for financial fraud due to lack of information in classifications and lack of experience for this product.

Companies dealing with international trade can benefit from the risk involved in that type of transactions. It is also possible that a new classification can also be arranged including corporate letters of credits.

The paper covers a topic which is almost untouched. As the number of documentary credits that are issued by corporates are rare and this is not also well documented in the theory was shown by this research. The absence of the information in theory and practice gives room to the fraudster.

The purpose of this paper is to explore and examine, in a systematic manner, possible preventive measures that commercial parties can take in order to prevent or reduce documentary letter of credit (L/C) fraud in international transactions.

In the context of international transactions, considering documentary L/C fraud as a risk, the paper searched preventive measures that different parties involved can adopt, from both business perspective and legal perspective.

The paper provides a number of specific measures which buyers, sellers, and banks in international L/C transactions can take in business to reduce L/C fraud. The option of banks providing additional services of checking further the validity or authenticity of some documents under the L/C, by charging additional prices, has reflected the needs of some business parties. However, this is proposed to be optional rather than compulsory for banks. The lawyers can also play an important role by adopting preventive legal mentality to help and provide advice to different parties in applying the preventive and proactive approach. More importantly, the author recommends that buyers or sellers maintain close cooperation with their banks and lawyers in implementing preventive and proactive measures.

The paper can be a helpful source of advice for business enterprises likely to be involved in international documentary L/C transactions.

This paper fulfils the gap of a holistic study on how to prevent international documentary letter of credit fraud.

Letters of credit are commonly used today to facilitate commercial transactions of all types between wary sellers and buyers, both of whom are, for one reason or another, reluctant to initiate the exchange of money for goods. A letter of credit may be either revocable or irrevocable. There are several types of letters of credit with varied applications. Letters of credit are one of many negotiating tools that a user can employ to minimize his or her risk in a computer systems acquisition.

The purpose of this paper is to focus on managing the risk of fraud in commercial letters of credit (LC) in Bangladesh involving three parties: the seller, the buyer and the bank. It addresses the severity of LC fraud, the banks’ actions when detected and the preventive measures the relevant parties can adopt.

This research uses doctrinal and qualitative methods to propose strategic actions that benefit buyers, sellers, banks, legal professionals and judges. The study aims to explore the modus operandi used by fraudsters through thematic analysis.

The study’s findings reveal that LC fraud has escalated to a concerning level, posing a significant threat to the economic stability of Bangladesh. Measures must be taken to mitigate this risk and safeguard the country’s financial integrity. To effectively combat the risk of LC fraud, the updated version of UCP must include specific and detailed guidelines on LC fraud. This study recommends preventative measures that all parties involved must take to reduce the likelihood of fraud significantly.

Due to a lack of LC experts, the participant sample for the study in Bangladesh was limited. Nevertheless, most banking participants were highly distinguished and held the Head of Trade Finance Department position in commercial banks. A few academics and legal practitioners with LC expertise also participated in the study.

It provides cutting-edge solutions to effectively handle LC fraud risk and provides proactive measures to prevent it.

The purpose of this paper mainly is to examine the relevant rules concerning documentary letter of credit (L/C) fraud under criminal law in England and China.

The paper analyses the regulations about such crime and relevant literature.

The similarities and differences of such rules have been identified briefly. L/C fraud is considered a conduct crime; and unspecific or vague provisions concerning this crime may cause difficulties of application in judicial practice in both England and China. But the possible punishment for L/C fraud criminals under Chinese criminal law seems more severe than that under English law. Dealing with L/C fraud in international trade under national criminal laws is not effective. Regional and international efforts on legal assistance in cross-border criminal cases still remain to be improved.

The limitation is that it examines merely relevant substantial rules in legislation. This opens the paths to future research on the approach towards L/C fraud demonstrated in court cases in England and in China.

The research underlies the need to take serious attitude and make more effective efforts towards cross-border criminal cases, although different countries may have different rules concerning specific economic crimes.

This paper fills the gap of a comparative study on how L/C is regulated under criminal law regime in England and China.

Cross border trade, involving different business environments between the sellers’ and buyers’ countries, may result in conflicts because of asymmetry in the information structure across the borders. The International Chambers of Commerce (ICC) has laid down ground rules on terms of shipment and payment, enabling harmonization and standardization of business process, and fixing of responsibilities for international trade. The international commercial (INCO) terms by ICC define the duties, obligations and cost borne by the exporter and the importer. An exporter’s uncertainty looms once the goods cross his/her border. Therefore, there is a need for a smart contract that is secured, transparent, legitimate and trustworthy. The authors propose a blockchain technology-based smart global contract (BTGC) framework for international trade.

In this paper, the authors develop the framework based on value chain analysis (VCA) of international trade and an ontology-driven-blockchain-design approach. The paper analyzes the sequence of activities in the value chain of global trade, the terms of the contract, the data structure templates, the validation rules and the points-of-failure, and proposes the smart contract blockchain structure.

This paper proposes the BTGC framework considering the INCO terms 2020; it provides the validation rules and the probability of failures; and identifies the elements that cause the halting of contracts and conditions of creation of side blockchains. The framework also includes the governance of the BTGC system.

The proposed framework not only has implications at the firm level as it automates and secures a global sale contract but also is expected to harmonize the global-trade process as well. The developers may use the attributes, data structure templates and the rules identified in this paper for developing the GC software. Future research may consider using case analysis, class diagrams and the related steps for developing the blockchain software.

This paper proposes a complete value chain of global contract (GC) concerning exports, an ontology of GC and a blockchain-based smart-contract framework based on global standards. Besides, it specifies the elements of fraud (such as the non-integration of side chains) and uncertainty, i.e. the probability of failures. Such a framework will harmonize the global-trade process and build an international standards for smart GC based on blockchain technology (ISSGCBT), which is not yet done.

If EDI is to succeed to a similar degree as paper‐based systems then international harmonisation and standardisation must be achieved across all functional groups (banking, transport, insurance, customs) and industry sectors on message standard and structures. UN/EDIFACT is now the dominant body producing generic EDI messages for use in international trade. All functional areas have Message Development Groups but the main areas of success to date lie in deep sea transport, forwarding and customs functions. Message development needs to proceed rapidly in all functions before integrated EDI systems can be offered. In recognition of this, UN procedures are now in place to harmonise such message formats across all trade regions (ITIGG/IHG), industry sectors (MIST/IHG) and transport modes (MIST/ITIGG). The negotiability of the electronic Bill of Lading is also an issue which will be tested across industry sectors by Bolero Operations Ltd launch programme early in 1999.

The purpose of the paper is to examine the law relating to different types of guarantee schemes and the circumstances in which they are used to safeguard against default risks in international commercial practice. Different types of guarantee schemes are used in different contexts, often depending on which types and the purpose they have been sought.

The paper was undertaken by evaluating secondary data sources, empirical examples and case law to underscore the pitfalls commercial parties need to always bear in mind with regard to guarantees and factoring and their usage in international commercial practice.

The paper articulates the law relating to different types of guarantees and how they are harnessed to provide security against default risks in international commercial practice. By the very nature of guarantees, they tend to be in high demand in times of economic uncertainties when banks and other financial institutions find it less prudent to lend to borrowers without ensuring some form of security against potential defaults.

There are many different types of guarantee schemes clients can always opt for, but some of them are never written about as much. There is therefore limited data available to inform policy decisions by those who seek to use them. Lack of adequate information on any financial produces, leave alone guarantees, is not good for businesses and the public in terms of how to safeguard against risks inherent in usage and practice of guarantees. In this similar respect, there were not enough data available to evaluate the varied context in which guarantees are used.

There are limited data available on guarantees, and because they are speciality products, the way they are used in practice can never be overlooked. It was necessary to publish this paper not only to address the foregoing need but also to discuss different types of guarantees and enhance understanding on their usage and practice. The paper articulates the law relating to guarantees and what guarantors need to always bear in mind before they accept to sign contracts of guarantees.

Guarantees are important for markets to operate efficiently. Their usage and practice has wide implications for various stakeholders such as banks, businesses, economies, governments and people, especially where contracts relating to them are not constituted and executed properly. Defaults on borrowed loans can lead banks not to lend money to businesses and subsequently choke them of a source on which many depend.

This is the first paper that articulates the close relationship between guarantees, factoring and trusts. The paper has articulated the varied contexts in which each of the foregoing speciality products is harnessed in practice. Although this paper was written largely by reviewing and internalizing secondary data sources, it was done in a distinctive way to underscore the objectives it was written to achieve.