The Changed Bank Details and the Overdue Advance Payment
In January a Lahore-based importer remitted USD 150,000 as a 100% advance payment to a machinery supplier in China against an Electronic Import Form. The proforma invoice was CFR Karachi, USD 150,000, expressly stated to include installation and commissioning. Shipment was due within 90 days. In April the supplier emails from a new domain, says its bank details have changed, and asks for a further USD 60,000 for 'freight, insurance and installation, which are not covered by the contract'. The new account is with a bank in the UAE, in the name of a different company. The 90-day shipment window has expired and nothing has shipped. The importer asks the bank to remit the USD 60,000 from its own account today and to keep the import form open because the supplier has promised to ship in June.
1. List the payment-related red flags and state precisely what the bank would verify before remitting.
Read the worked answer
Read the request against the contract first, then against the payment channel.
Contract-level flags
- The invoice is CFR Karachi. Under CFR the seller contracts and pays for carriage to Karachi; freight is therefore already inside the USD 150,000. The demand for 'freight and insurance' contradicts the price basis. (Insurance under CFR is the buyer's responsibility, not an extra payable to the seller.)
- Installation and commissioning were expressly included in the proforma. The same items cannot be re-charged as extras.
- Net effect: the entire USD 60,000 is unexplained by the underlying transaction.
Payment-channel flags
- Change of bank details is the single highest-risk instruction a bank receives - the classic business email compromise vector.
- New email domain: a near-identical domain is the standard impersonation technique.
- Third-party beneficiary: a UAE company, unconnected to the Chinese supplier on the documents.
- Overdue shipment: nothing shipped in 90 days, which is itself evidence that the counterparty may not be who it claims to be.
- Urgency and renegotiation of terms outside the contract.
Verification before any remittance
- Callback to a telephone number held on file from before this email - never a number in the new message.
- Obtain a signed amendment on the supplier's letterhead, verified independently (bank-to-bank confirmation of the new account, or confirmation through the supplier's known relationship bank).
- Reconcile the request to the contract and proforma; if the charges are genuine, get a superseding contract.
- Full KYC and UBO on the new UAE beneficiary; sanctions and adverse-media screening on both the supplier and the new beneficiary.
- Confirm the importer's instruction in writing after the callback, and record the callback in the file.
- Check that the remittance purpose matches the underlying documents and any import form; a payment that does not match the declared purpose cannot be processed.
2. Can the bank remit to a third-party beneficiary in a different country? And what is the bank's position on the 90-day overdue advance payment?
Read the worked answer
Two separate questions, two separate answers.
Third-party payment
- A remittance to an entity other than the contractual seller is not automatically prohibited, but it is an exception that must be documented and justified - typically by an assignment of receivables, a direction to pay signed by the seller, or a group-company arrangement evidenced at the outset.
- The bank must be satisfied that a genuine underlying transaction exists and that the beneficiary is properly identified; it must complete KYC on the new beneficiary and screen it. Absent that, the correct answer is refusal: the bank cannot be the channel through which a customer pays an unexplained party on a changed instruction.
- Where the change arrives by email, treat it as unverified until independently confirmed - the bank's own internal confirmation controls, not the customer's assurance, govern.
Overdue advance payment
- An advance payment import must be regularised by shipment within the stipulated period. Once the 90 days have run without shipment, the transaction is in default on the exchange side, not merely late commercially.
- The bank cannot simply 'keep the form open'. It must pursue regularisation - shipment evidence or a refund/repatriation of the USD 150,000 - and report the overdue case to the central bank in the prescribed manner.
- The bank should not allow a fresh remittance against an unpaid, unshipped advance from the same supplier until the existing case is regularised. To do otherwise is to compound an exposure the regulator already regards as a violation.
- Internally, the overdue advance should be escalated and, if refund is not forthcoming, treated as a potential loss with provisioning implications for the customer's facility.
3. Set out the practical options open to the importer, in order, and the lessons for future advance-payment imports.
Read the worked answer
Immediate recovery actions
- Stop and verify. Before anything else, establish whether the supplier is genuine and whether the April email came from the supplier at all. Many such cases are impersonation of a real supplier rather than a fraudulent supplier.
- Attempt recall through the banking channel. Ask the remitting bank to send a SWIFT recall / payment cancellation request to the beneficiary bank, and request a status update (a
camt/investigation request). Recovery depends on funds still being in the account and the beneficiary bank's cooperation - act within days, not weeks. - Engage the supplier directly on independently verified contact details; demand written confirmation of receipt of the USD 150,000 or a refund with a dated schedule.
- Document and report. If the funds cannot be accounted for, treat it as suspected fraud: internal report, police/cybercrime complaint, and notification through the bank so the beneficiary account can be flagged.
Recovery through the exchange framework 5. Formally demand repatriation of the advance; the bank must report the overdue case, and the importer should cooperate so that the file records it as a supplier default rather than a failure to pursue. 6. Consider legal action in the supplier's jurisdiction if the amount justifies it; small advances rarely do, which is exactly why the loss-prevention work has to happen before remittance.
Lessons for the future
- Never pay 100% in advance to a first-time supplier. Stage payments against shipping documents are the standard mitigation.
- Prefer a documentary credit, so that payment is conditional on documents, not on a promise.
- Insist on pre-shipment inspection by an independent agency and a performance bond for the installation element.
- Agree, at contract signature, a single verified beneficiary and a written procedure for any change of bank details, with a named callback contact.
- Split freight and installation into separate, milestone-linked payments where the price basis (CFR) does not already cover them.