

A Turkish bank refuses payment under a letter of credit. Learn how foreign exporters can challenge discrepancies, wrongful dishonor, sanctions objections, documentary problems and delayed payment.
A letter of credit is intended to reduce payment risk in international trade by replacing sole reliance on the buyer’s willingness or financial ability to pay with an independent undertaking by a bank, subject to the terms of the credit and the applicable rules. Nevertheless, foreign exporters selling goods to Turkish buyers can face a serious commercial crisis when a Turkish issuing or nominated bank refuses payment after shipment. The bank may allege discrepancies in the commercial invoice, bill of lading, certificate of origin, insurance document, packing list, inspection certificate or other documents. In other cases, refusal may arise from late presentation, sanctions screening, compliance concerns, suspected fraud or disagreement concerning whether the presentation satisfies the letter of credit. A foreign exporter facing refusal should act immediately because documentary-credit disputes are highly dependent on the precise wording of the credit, the documents presented, the applicable rules and the bank’s notice of refusal.
A bank may refuse to honor a presentation when it determines that the documents do not comply with the terms and conditions of the credit or the applicable documentary-credit rules. Common disputes concern inconsistent descriptions, incorrect dates, missing documents, late shipment, late presentation, transport-document defects, insurance deficiencies, discrepancies between documents or failure to comply with a specific condition of the credit.
The first question should therefore be: What exact discrepancy is the bank relying upon?
One of the fundamental principles of documentary credits is their independence from the underlying sale contract. The bank examines the documentary presentation according to the credit rather than deciding whether the exporter physically performed every contractual obligation owed to the buyer.
Accordingly, a buyer’s dissatisfaction with the goods does not automatically establish that the bank can refuse an otherwise compliant documentary presentation.
Documentary-credit transactions are fundamentally document-based. The exporter should therefore avoid responding to a refusal merely by arguing that the goods were properly manufactured and delivered.
The central dispute may instead concern whether the documents presented complied with the credit.
Obtain the complete credit, including all amendments. Review the amount, expiry date, place of presentation, shipment deadline, presentation period, required documents, product description, transport requirements and any special conditions.
The exporter should determine which version of the credit governed the presentation.
Many international documentary credits expressly incorporate the Uniform Customs and Practice for Documentary Credits, commonly known as UCP 600. However, the actual credit and contractual framework should be reviewed rather than assuming automatically that a particular set of rules applies.
The governing law and jurisdiction or dispute-resolution provisions should also be identified.
The exporter should obtain and preserve the bank’s refusal communication. Identify every discrepancy listed by the bank and the date and manner in which the refusal was communicated.
A vague statement such as “documents are not acceptable” should not be treated as sufficient analysis of the dispute.
Create a discrepancy table containing the credit requirement, document presented, bank’s objection and exporter’s response.
This prevents several unrelated objections from being treated as a single general allegation of non-compliance.
The bank may allege that the invoice description, amount, currency, quantity or other information conflicts with the credit.
Compare the invoice directly with the letter of credit and other documents rather than relying on the sales contract alone.
Transport documents frequently become the focus of letter-of-credit disputes. Potential issues include shipment dates, ports, consignee information, endorsement, freight notation, number of originals, signatures or other requirements imposed by the credit.
The original transport documentation should be preserved carefully.
If the credit requires a certificate of origin, determine whether the document corresponds with the shipment, invoice, exporter, manufacturer and product.
A documentary discrepancy concerning origin should also be distinguished from a substantive customs-origin dispute.
Where insurance documentation is required, verify the insured amount, risks covered, currency, date, endorsement and other conditions specified in the credit.
An exporter should not assume that having cargo insurance automatically means the documentary requirement was satisfied.
Small differences between the packing list, invoice and transport documentation can trigger disputes depending on the circumstances and wording of the credit.
The exporter should determine whether the alleged inconsistency is genuinely material under the applicable documentary rules.
If the credit establishes a latest shipment date, compare that date with the relevant transport document.
Where the bank alleges late shipment, the chronology should be reconstructed precisely.
A presentation can potentially fail even though the goods were shipped on time if documents were presented outside the permitted period.
The exporter should preserve evidence showing when and where the documents were delivered to the relevant bank.
Determine whether presentation occurred before expiry at the place specified by the credit.
Time-zone, banking-day and document-routing issues can become relevant in close cases.
A buyer may request an amendment during the transaction. The exporter should determine whether the amendment became operative under the applicable framework and whether it was accepted where acceptance was necessary.
Do not allow the bank or buyer to combine requirements from inconsistent versions of the credit.
Not every difference between documents necessarily has the same legal significance. The exporter should examine whether the alleged discrepancy genuinely creates non-compliance under the applicable rules.
Documentary-credit disputes require precise analysis rather than a general assumption that any spelling difference automatically defeats payment.
The exporter should examine whether the bank applied the correct documentary standard when assessing the presentation.
The dispute may concern not only what the document says but also whether the bank interpreted the credit too strictly or inconsistently with the governing documentary rules.
Where the applicable documentary-credit rules establish a period for examination and refusal, the date on which the bank received the presentation and the date of the refusal notice should be documented immediately.
A bank should not be allowed unlimited time to search for additional discrepancies after receiving the documents.
This issue should be examined carefully under the rules governing the credit and the original refusal notice.
Foreign exporters should therefore preserve the first refusal communication and compare it with every later explanation supplied by the bank.
Determine whether the bank is holding the documents pending instructions, returning them or dealing with them in another manner permitted under the applicable framework.
Control of original transport documents can have major commercial consequences.
If original documents control delivery of the cargo, an exporter should understand the practical consequences before giving instructions concerning their return or release.
The location of the goods should be checked simultaneously.
In some transactions, the issuing bank may approach the applicant concerning discrepancies. A buyer may be willing to waive certain discrepancies, but the exporter should not assume that a waiver automatically resolves every legal issue.
Any waiver process should be documented.
The exporter should distinguish between the bank’s independent documentary position and the buyer’s obligations under the sales contract.
Even if payment under the letter of credit fails, the exporter may retain contractual claims against the buyer depending on the sales agreement and circumstances.
A claim against the bank may concern wrongful refusal to honor the credit. A claim against the buyer may concern failure to pay the purchase price or another breach of the underlying sales contract.
These claims should not be merged without legal analysis.
If another bank confirmed the credit, the exporter should examine the confirming bank’s undertaking independently.
The existence of confirmation may materially change the exporter’s available payment routes.
Different banks may have different roles in the transaction. Determine which institution received the documents, which bank issued the credit and whether another bank confirmed, advised or negotiated the presentation.
The legal position should be analyzed according to each bank’s actual undertaking.
A presentation may be delayed or blocked because a bank identifies a sanctions concern involving the exporter, buyer, vessel, carrier, bank, beneficial owner, country or transaction.
A sanctions-related hold should be distinguished from an ordinary documentary discrepancy.
Where legally possible, determine whether the problem concerns a listed party, ownership or control, vessel, intermediary bank, transaction route or another compliance issue.
The company should not attempt to evade legitimate sanctions controls by disguising the transaction or changing documents artificially.
Sanctions-screening systems can identify entities with similar names. Where the exporter believes the screening result concerns another company or person, provide accurate corporate-identification information and beneficial-ownership evidence where appropriate.
A bank may face a fundamentally different issue where documents are alleged to be forged or the transaction is alleged to involve fraud.
The exporter should preserve original documents, correspondence, production records, shipping evidence and communications with the buyer and banks.
Once a dispute arises, never alter an invoice, transport document, certificate or other record to make the original presentation appear compliant.
If a correction mechanism is legally available, it should be transparent and properly documented.
Request and preserve available banking messages, refusal notices and correspondence concerning the presentation.
The chronology of communications can become central to determining what occurred.
Where original documents were physically delivered, retain courier records and bank receipts proving the presentation date.
This can become decisive in disputes involving expiry or late presentation.
Review payment provisions, letter-of-credit requirements, delivery terms, governing law, dispute-resolution clauses and buyer obligations to establish or maintain the credit.
A defective credit opened by the buyer can create a separate contractual issue.
Sometimes the documentary problem begins before shipment because the credit differs from the sales agreement.
Exporters should review every credit immediately after issuance and request amendments before shipping if its requirements are impossible or commercially inconsistent with the contract.
A letter of credit containing contradictory document requirements, impossible deadlines or conditions outside the exporter’s control can create avoidable payment risk.
Pre-shipment review is one of the most effective forms of protection.
Potentially, depending on the bank’s undertaking, governing law, jurisdiction and facts surrounding the refusal.
The first task is to determine whether the presentation was compliant and whether the bank fulfilled its obligations when examining and refusing the documents.
Where the dispute threatens control of high-value goods, original documents or funds, available interim remedies may need to be evaluated.
The precise remedy depends on the contractual structure and legal basis of the dispute.
The exporter-buyer sales contract may contain an arbitration clause even though the documentary-credit relationship with the bank raises separate issues.
Each relationship should therefore be mapped before proceedings are commenced.
Where the international sale falls within the scope of the United Nations Convention on Contracts for the International Sale of Goods, the buyer-seller dispute may require separate CISG analysis.
This does not eliminate the independent documentary-credit analysis concerning the bank.
Determine whether the buyer has taken delivery, whether original transport documents remain under bank control and whether the goods are at a port, customs area or warehouse.
The exporter’s commercial strategy may depend heavily on the physical status of the cargo.
A payment dispute can quickly become a logistics dispute. Preserve invoices for storage, container detention, demurrage and related expenses.
Take reasonable steps to mitigate increasing losses.
Depending on ownership, documents, customs status and contractual rights, resale to another buyer may potentially be considered if the original transaction collapses.
The legal and logistical position should be examined before making any disposition.
If payment was wrongfully withheld, the exporter should document the amount, currency, due date and financial consequences of delay.
Whether interest or additional damages can be claimed depends on the applicable legal relationship and governing law.
The loss may extend beyond the invoice value. Potential consequences can include financing expenses, storage, demurrage, return freight and contractual liabilities to third parties.
Each category should be documented separately.
The exporter should immediately obtain the complete letter of credit and amendments, preserve the bank’s refusal notice, identify every alleged discrepancy, determine the applicable documentary rules, reconstruct the presentation timeline, preserve SWIFT and courier evidence, verify the status of original documents and goods, examine sanctions or fraud concerns separately, review the sales contract and evaluate claims against the bank, buyer or other responsible party.
The strongest prevention occurs before shipment. The exporter should review the draft credit against the sales contract, eliminate impossible conditions, ensure sufficient presentation time, coordinate documentary requirements with carriers and insurers, and create a document checklist for each shipment.
A final independent documentary review before presentation can prevent relatively minor errors from becoming multimillion-value payment disputes.
International trade transactions increasingly combine traditional documentary-credit risks with sanctions screening, anti-money-laundering controls, vessel screening, beneficial-ownership reviews and complex cross-border banking chains. Foreign exporters dealing with Turkish buyers should therefore treat letter-of-credit compliance as both a documentary and transactional-risk issue.
Where payment has already been refused, speed is important. Original documents, cargo status, banking communications and contractual deadlines can all change while the parties negotiate.
Not automatically. The documentary-credit undertaking is generally separate from the underlying sales contract, and the bank’s obligations must be examined according to the credit and applicable rules.
The complete formal refusal notice identifying every discrepancy relied upon by the bank.
It depends on the document, credit wording, applicable documentary rules and nature of the difference. Not every discrepancy necessarily has identical legal significance.
The timing of the bank’s examination and refusal should be analyzed under the rules governing the particular credit.
A waiver may potentially be relevant, but its effect depends on the documentary-credit framework and the bank’s position.
Sanctions and regulatory compliance can create separate payment restrictions. The exact party, transaction and legal basis should be identified where possible.
Potential claims may exist against different parties on different legal grounds. Bank liability and buyer liability should be analyzed separately.
Preserve all originals and supporting commercial, production and shipping records immediately. Fraud allegations require substantially different treatment from ordinary discrepancies.
The exporter should immediately determine cargo status, control of transport documents and accumulating storage or demurrage exposure while pursuing the payment dispute.
Do not treat a letter-of-credit refusal as a simple buyer-payment dispute. Analyze the bank’s undertaking, every alleged documentary discrepancy, the timing and content of the refusal, the applicable documentary-credit rules and the separate contractual rights against the buyer.
Fırat Fesih Kaya Law Office assists foreign exporters, international manufacturers and companies facing letter-of-credit and cross-border payment disputes involving Turkish banks and buyers. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing documentary discrepancies, wrongful refusal allegations, sanctions-related payment blocks, underlying sales-contract claims, urgent protective measures and litigation or arbitration strategies arising from international trade transactions.
Phone: +90 312 434 22 22
Mobile / WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey