Lloyd's Maritime and Commercial Law Quarterly
THE ROLE OF CORRESPONDENT BANKS IN DIRECT FUNDS TRANSFERS
By Johanna Vroegop*
Introduction
One of the changes brought about by electronic funds transfer systems is a substantial increase in the number of international payments being made by direct funds transfers. These are not an innovation of the electronic era, since they can also be carried out using mail or telegrams, but the introduction of electronic means of carrying payment messages has resulted in a significant reduction in cost as well as in the time taken to complete transfers, thereby making them more attractive to potential users. Direct funds transfers are not only used for trade transactions,1 but also by multinational organizations seeking to place their funds in the most profitable location.2 Another factor which adds to the number of funds transfers taking place is that funds have to be cleared in the country of the currency of payment, which means that, if, for example, a payment is to be made from London to Berlin in American dollars, it has to go through the United States.
Correspondent banks are used to facilitate funds transfers. They also play a role in letter of credit transactions but, since the law relating to these has now developed into a distinct body of rules, it is not intended to discuss them, except by way of analogy. It is common for banks to maintain a number of correspondent bank relationships, generally one in each country or, at least, each country in which their customers might have trade or financial transactions to carry out. A correspondent bank relationship means that the two banks maintain current accounts with each other, known as “nostro” and “vostro” accounts. Nostro account means “our account with another institution”, so that an English bank’s nostro account reflects the number of Swiss francs which it has on deposit with its Swiss correspondent, while vostro account means “your account with us”, so that the English bank’s vostro account would show the number of pounds sterling which its Swiss correspondent maintains on deposit with the English bank. When a bank’s customer instructs it to make an international payment, it will send a message to its correspondent in the country in which the account into which the payment is to be made is situated, debiting its appropriate nostro account with the required amount, while the corre-
* Dept, of Commercial Law, School of Commerce & Economics, University of Auckland.
1. Benjamin’s Sale of Goods (3rd edn., 1987) (hereafter “Benjamin”), para. 2022.
2. United Nations Commission on International Trade Law, UNCITRAL Legal Guide on Electronic Funds Transfer (1987) (hereafter “UNCITRAL Guide”), Chap. IV: “Finality of Funds Transfer”, para. 48; Chorofas, Electronic Funds Transfer (1988) (hereafter “Chorofas”), Chap. IV; Kirkman, Electronic Funds Transfer Systems (1987) (hereafter “Kirkman”), Chap. 15; Revell, Banking and Electronic Fund Transfers (1983), 53–56.
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