• Sam Cheff Mining Ltd is your customer dealing in Mineral Prospecting in the Northern Region of Ghana. The company’s team of engineers has identified a particular site along the TamaleBolgatanga Highway which they believe could have huge deposit of Gold. When the feasibility and sample details of Analysis Reports were submitted to the Board of Directors, they quickly took a decision to allow the company to import a state-of-the-art equipment to enable full scale drilling start as soon as possible.

The Managing Director called on you today to discuss issues affecting the company’s business. He tells you that the equipment imported has arrived but is still at the Tema Harbour, unable to be cleared because the Bills of Lading involved have gone missing. As a result, the equipment has started incurring demurrage charges at the port, while at the same time, the company is incurring unnecessary labour cost due to idle time, as the workers are waiting for these machines to work with.

The Managing Director is visibly worried as he sits at the oval desk in your office, wondering what could be done to protect the company from these costs.

REQUIRED

Explain how the bank can help Sam Cheff Mining Ltd to clear the equipment from the port and the precautions the bank should take. [20 Marks]

The bank can assist Sam Cheff Mining Ltd by issuing a shipping guarantee or bank indemnity to the shipping company or carrier. This document serves as a temporary substitute for the missing original bill of lading (B/L), allowing the release of the goods to the importer without the physical B/L. The guarantee assures the carrier that the bank will indemnify them against any losses or claims arising from releasing the goods without the original B/L. Once issued, the customer can present it to the port authorities (e.g., Ghana Ports and Harbours Authority at Tema) to clear the equipment, stopping demurrage charges (storage fees) and reducing idle labor costs. This is common in Ghanaian trade finance practice, aligned with BoG guidelines on trade documentation and risk management. The process involves:

  • Customer provides evidence of the import (e.g., commercial invoice, packing list, insurance certificate, and confirmation from the supplier or courier that B/L is lost/in transit).
  • Bank reviews and issues the guarantee, typically valid for 3-6 months or until the original B/L arrives.
  • Upon receipt of the original B/L, the customer surrenders it to the bank, which returns it to the carrier to cancel the guarantee.

Precautions the bank should take to mitigate risks (e.g., fraud, liability under Basel III operational risk standards and BoG directives):

  • Verify authenticity: Confirm the shipment details with the supplier, carrier, and customs via SWIFT or official channels to ensure no duplicate B/L or fraud.
  • Obtain security: Require collateral from the customer, such as a counter-indemnity, lien on the equipment, or cash margin (e.g., 100-110% of value) to cover potential claims.
  • Limit liability: Cap the guarantee amount to the goods’ value plus potential claims, and include expiry clauses aligned with URC 522 for collections.
  • Compliance checks: Ensure KYC/AML compliance per BoG Anti-Money Laundering Act and Cyber Security Directive, including screening for sanctions (e.g., no Russia-related ties post-war).
  • Insurance review: Confirm goods are insured and bank is noted as loss payee to protect against damage during clearance.
  • Monitor timeline: Set internal deadlines for B/L recovery and follow up to avoid prolonged exposure.
  • Legal advice: Consult legal team on Ghanaian laws (e.g., Bills of Exchange Act) and international practices to avoid disputes.
    This approach minimizes costs for the customer while protecting the bank, drawing from real cases like delays at Tema Port during the 2022 supply chain disruptions.