国际工程银行保函索兑风险及防控策略分析

Analysis of the Risk and Prevention & Control Strategies Regarding Claim of Bank Guarantee for International Projects

银行保函是国际工程项目常用的担保工具,包括投标保函、预付款保函、履约保函、质量保函等。国际项目保函带有“见索即付”“不延即付”等特征,属于低保额无条件保函。国际工程工期长、合同金额大、所在国不稳定,承包商面临业主索兑保函的风险较大。承包商应认真分析风险来源,对保函受益人开展全方位的资信调查,审慎开具带有“见索即付”条款的保函,在合同中加入相应减额条款,做好有效应对恶意索兑的风险预案,强化对已开立保函的管理,减少索兑损失。

Bank guarantee is a commonly used guarantee tool for international projects, including bid guarantee, advance payment guarantee, performance guarantee, quality guarantee, etc. The international project guarantee has the characteristics of “payment upon demand” and “non-deferred payment”, and belongs to the category of unconditional guarantee with low guarantee amount. International engineering projects are characterized by long construction period, large contract amount and unstable situation in the host country, so contractors are faced with a greater risk of owners claiming against the guarantee. Contractors should carefully analyze the sources of risks, conduct comprehensive due diligence investigations on the beneficiaries of the guarantee, prudently issue guarantees with “pay on demand” clauses, add corresponding reduction clauses in the contract, prepare effective risk plans for malicious claims, strengthen the management of guarantees already issued and reduce the losses incurred by encashment of bank guarantees.