lc available by acceptance vs negotiation

30 31. expiry date: 1/1/2017 in vietnam Different from LC available by payment, LC available by negotiation allows the beneficiary to receive the payment by negotiating the sight drafts and documents at a nominated negotiating bank which is normally located in his country. Export negotiation under sight letter of credit shall not exceed21 days principally. Is the nominated bank agreeable to advance funds or prepay before maturity? Which type of availability is the nominated bank willing to act on. CAN AN SBLC BE AVAILABLE WITH A NOMINATED BANK OTHER THAN THE CONFIRMING BANK ? not by "acceptance". As you may know, an LC may be stipulated available by payment, available by negotiation, available by acceptance or available by deferred payment. However, in practice these two terms can be used interchangeably without causing misunderstanding. A credit available by acceptance is honoured by acceptance of a draft and payment thereof at maturity. Whereas if a credit is to be available by negotiation, it ought to be available with a nominated bank, as negotiation can only be performed by a bank other than the issuing bank. 2) Negotiation of documents without drafts My question are : The key difference between availability by acceptance and availability by deferred payment is the use of drafts in acceptance credits. Please kindly advise. If the LC states that it is available with “any bank”, a presentation can be made to any bank. In the above example, I’ve shown “BY NEGOTIATION”. Please kindly help me to clarify this matter. The nominated bank is authorised to advance monies or undertake (agree) to advance monies that are due at maturity from the issuing bank. Negotiation means the “PURCHASE” by the nominated bank of drafts (drawn on a bank other than the nominated bank “And/Or DOCUMENTS” under a complying presentation, by “ADVANCING” or “AGREEING TO ADVANCE” funds to the beneficiary “ON” or “BEFORE” the banking day on which reimbursement is due to the nominated bank. to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. So, it is understood in this case that ABC Bank Singapore is acting both as the advising bank and as the nominated negotiating bank and that XYZ Bank Vietnam is acting as another advising bank. This is regardless of whether the nominated bank is a confirming bank, because by incurring a deferred payment undertaking, the nominated bank has an obligation to pay at maturity, independent of the issuing bank’s undertaking. Dear Mr Old Man, FIELD 72 (SENDER TO RECEIVER INFORMATION) OF MT 103, TRANSFERRING BANK S LIABILITY UNDER TRANSFERRED LC. If filed 31C has not been listed, then the Issue Date of the L/C is the date of sending SWIFT message. ... On 07 March 2019 Under LC is the documents are available with ANY Bank under negotiation (41D). • identify the types of payments available for international transactions. Discounting of Letter of Credit (LC) is a short-term credit facility provided by the bank. I intend to ask whether the draft can be drawn at “xx days after shipment date” (Which I called it as “Term draft”) ? Now what? Sorry for inconvenience, and please allow me to clarify my question no. Thanks. Documents and would not honour the LC on the grounds of late negotiation and expiry of the LC. You have good reason to believe so because in practice in addition to 4 main types of LC (which are (1) LC available by negotiation of (sight drafts); (2) LC available by payment (at sight, without drafts); (3) LC available by deferred payment (without drafts); and (4) LC available by acceptance of (term drafts)) some banks would issue LC available by negotiation of term drafts. 140 days= from LC expiry date to Maturity date, Assuming the banking commission is per year, the acceptance fee will be Inv amount x 0.125% x 140/360, What is your suggestion on how to proceed with an Issuing Bank that does not honor a, By Payment-Not Confirmed L/C on Complying Documents An acceptance credit can be available with a nominated bank, or be available solely with the issuing bank. By accepting a draft, the nominated bank undertakes to pay the beneficiary at maturity. This is because it honours by accepting a draft drawn on itself, and thus incurs its own independent payment obligation under the draft. Negotiation. This is because when the nominated bank honours or negotiates a complying presentation, it is in its interest to remove any doubt that it has done so, to protect its right to be reimbursed by the issuing bank and/or a confirming bank. to accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 1) Difference between purchase and prepay Unless the nominated bank is a confirming bank, it has no obligation to pay the beneficiary at sight for a complying presentation, and may forward the documents to the issuing bank (or confirming bank, if any) for payment. Having an understanding of the types of LC availability, and the differences between them, will help the beneficiary formulate the terms of the letters of credit that it would be willing to accept, and to mention such terms in their discussions and sales contracts with their clients. VIDEO: IFC – The trade finance gap is set to double. According to letter of credit rules, a credit must state whether it is available by sight payment, deferred payment, acceptance or negotiation. Step 1: Exporter and importer enter into a sales contract by agreeing on the terms and conditions of the business transaction. UCP 600 has defined negotiation as purchase of drafts and/or documents under a complying presentation. However, it is noted that the term “purchase” can also be used with regard to action of payment in advance by the nominated bank of a draft accepted or a deferred payment undertaking incurred by that nominated bank. The issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a complying presentation and that has forwarded the documents to the issuing bank. Receiver: XYZ BANK IN VIETNAM There is no provision in UCP 600 for a bank to prepay or “discount” the deferred payment undertaking of another bank. (Where a credit is available by acceptance with the issuing bank only, drafts drawn will be on the issuing bank.). An acceptance credit is honoured by the acceptance of a draft for a complying presentation. To bring in, from abroad, something in kind of goods or services is Import. Field:23 Reference To Pre-Advise (Optional) Field:27 Sequence Of Total (Mandatory) The page number of total pages in a L/C. BY PAYMENT also … The nominated bank acts on its nomination by incurring a deferred payment undertaking and paying at maturity, or prepaying. Under UCP 600 Art. Report: Brexit could cost UK exporters £25bn as full Covid recovery pushed back to 2023, The way to Digital Silk Road: China focus, TFG Weekly Trade Briefing, 11th January 2021, WTO, OECD launch dataset on bilateral trade in services, BAFT Releases Best Practices for New Financial Asset on Distributed Ledger Technology, Afreximbank & FCI receive grant to support emerging factoring firms in Africa, UN Agencies finalize framework on illicit trade flows in Afghanistan, Colombia, Ecuador, Mexico, Nigeria, Panama, and Peru, Combining sanctions-related risk data with financial crime screening: Kharon and Accuity announce a partnership, TXF CPRI: Trade, Commodity & Export Finance Virtual 2021, 38 minutes – City Bank and ITFC record first-ever Shariah-based Blockchain Letter of Credit transaction. There was ever a view that negotiation is negotiation of drafts and not documents because drafts are negotiable instruments while documents are not. This is incorrect. It is available for negotiation at any Bank), or state that it is available for negotiation at Standard Charted Bank counters. The letter of credit must state whether it is available by sight payment, deferred payment, acceptance or negotiation. Acceptance LCs and deferred payment LCs are usance LCs. It is often explained that the key difference between availability by deferred payment and availability by negotiation is the non-use of drafts in deferred payment credits. If a nominated bank does not incur a deferred payment undertaking, it is not necessary for the issuing bank to issue a separate deferred payment undertaking, as an issuing bank must honour when a complying presentation has been made to a nominated bank. A credit available by deferred payment can be available solely with the issuing bank, or be also available with a nominated bank. What is LC Letter of Credit in export import business. Honour of a credit available by acceptance is without recourse to the beneficiary, regardless of whether the nominated bank that honoured is a confirming bank. A nominated bank is authorised to accept a draft drawn on it by the beneficiary, and to prepay or purchase its own acceptance. The location of a nominated bank close to the beneficiary may be an important factor for timely presentation of documents. In the Letter of Credit discounting process, the bank purchases the documents or bills of the exporter and in return make him the payment for a security or a fee. If the nominated bank is also a confirming bank, it must negotiate without recourse a complying presentation. If a credit is available with a nominated bank by negotiation, the nominated bank may negotiate a complying presentation. Sender: ABC BANK singapore brancb Letter of Credit negotiation is defined within Uniform Customs & Practice for Documentary Credits as the "giving of value". Does it wish to be paid before reimbursement is due from the issuing bank? In case of “at sight L/C” or “UPAS L/C” you can use “BY NEGOTIATION”. The habit of requiring a sight draft for an LC available by negotiation should be reviewed. For a credit available by negotiation, only a nominated bank can negotiate. In effect, by negotiating export documents under a Letter of Credit, Standard Chartered Bank will pay the customer and the Exporter, with its own funds, and will rely on the reimbursement by the Issuing Bank at a later date. counters of the nominated bank, is properly, deemed to be available by "negotiation" and. The negotiation may be effected on a with or without recourse basis. In a credit available by negotiation, the nominated bank negotiates (not honours) a complying presentation by purchasing drafts (drawn on a bank other than itself) and/or the documents. LC available by (sight) payment does not require sight drafts to be presented and normally the payment is to be effected at the counter of the issuing bank or at its nominated bank upon receipt of the complied documents. The date of payment is generally after the shipment of goods. A negotiating bank has recourse to the drawer of the bill. The key distinction for what makes a deferred payment credit is that it is honoured by incurring a deferred payment undertaking. Which type of calculation for LC acceptance fee is correct? The bank in Vietnam is acting as a presenter making the presentation on behalf of the beneficiary. 4) Can a “Term Draft” be presented for “Negotiation” ? Where credit available with issuing bank: According to sub article 7(a) (i) of UCP 600, It has been appeared that a credit can only be available with the issuing bank by sight payment, deferred payment or acceptance only which implied that issuing bank only extended its obligation only towards beneficiary or his or her authorized person or entity [straight letter of credit]. The difference is that the acceptance LC requires a time draft, whereas the deferred payment LC does not. As you may know, “purchase” is used in the definition of negotiation where the nominated bank is authorized to buy drafts (drawn on a bank other than the nominated bank) and/or documents by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank, whereas “prepay” is used in sub-article 12 (b) where the nominated bank is authorized to prepay or purchase a draft accepted or a deferred payment undertaking incurred by that nominated bank. Language is arbitrary. To be reimbursed, the nominated bank must forward the documents to the issuing bank, or confirming bank (if any). Purchase is by way of the nominated bank advancing funds to the beneficiary before the date that reimbursement is due from the issuing bank; alternatively, the purchase may be by way of the nominated bank agreeing (in effect, undertaking) to advance funds to the beneficiary on or before the date that reimbursement is due from the issuing bank (which implies that the nominated bank ought to effect payment to the beneficiary using the nominated bank’s own funds). The key difference between availability by negotiation and availability by acceptance is that in negotiation, the nominated bank is making an advance on another bank’s undertaking to honour (the issuing bank’s), whilst in acceptance, the nominated bank is providing its own independent undertaking to pay and thereby honouring. The term “discount” would be used to refer to an action of prepayment of term drafts, whereas the term “negotiation” would be used to refer to an action of purchase of sight drafts and/or documents. The deferred payment undertaking of a nominated bank ought to be expressly communicated. The confirmed letter decreases the risk of default for the seller. If you are the seller/beneficiary, you should choose LC available by negotiation or by acceptance as you may obtain the payment in advance by negotiating the drafts and/or documents with the nominated bank that are normally located in your country. But I don’t think this is the initial intention of the UCP Drafters. beneficiary's draft drawn at x days sight on the issuing bank. A credit must state whether it is available by sight payment, deferred payment, acceptance or negotiation. If a nominated bank is taking the risk of the issuing bank or a confirming bank to provide financing under an LC, it would be wise to make sure that the issuing bank and/or confirming bank shall be obligated to reimburse it at maturity. For a credit available by negotiation, a nominated bank that agrees to act on its nomination may advance funds when it determines that the presentation is complying, or set a date by which to advance funds according to its estimation of when reimbursement will be received. Deferred payment undertaking is not largely accepted as a financial instrument, therefore, normally the beneficiary may not discount the deferred payment undertaking. Under deferred payment LC, after his presentation of complied documents, the beneficiary receives a deferred payment undertaking incurred by the issuing bank or its nominated bank. Applicant means the party on whose request the credit is issued.. Banking day means a day on which a bank is regularly open at the place at which an act subject to these rules is to be performed. A nominated bank that is not a confirming bank has no obligation to honour or negotiate. •The Letter of Credit will always indicate who required drafts should be drawn on –This is usually the issuing bank as they are the ones with ultimate responsibility to pay –However if the letter of credit is “restricted” or available with a specific bank, then the drafts would be drawn on that bank (because definitions of Negotiation does not clearly mention whether the draft must always be drawn at Sight), Please correct me if I’m wrong, I understand the the terms “Advancing” is intended to apply for the case of negotiation by nominated bank of “draft drawn at Sight” while the terms “Agreeing to advance” is intended to apply for the case of negotiation by nominated bank of “draft drawn at xx days after shipment date”. However, this view has been changed. 1) What is the difference between “PURCHASE” and “PREPAY” ? UCP 500 was silent on negotiating/discounting deferred payment undertakings. Deferred payment, 3. When will it be paid for a complying presentation? This means that the beneficiary may ‘avail’ the credit by making a presentation to a nominated bank, if one is stated on the credit. Am a member of the ICC Banking Commission’s taskforce on digitalization of trade finance, and was a drafting group member of the newly approved ICC rules eUCP Version 2.0 for documentary credits and eURC Version 1.0 for documentary collections. Meaning of Deferred Letter of Credit. For example, an LC available by acceptance of. The undertaking of an issuing bank and a confirming bank to reimburse a nominated bank is independent of their undertaking to the LC beneficiary. Answer (1 of 1): Negotiation of documents implies the LC is available by negotiation and a bank has paid the amount on any day prior to the due date of the bill under LC. This means that there are four ways by which an LC can be made available: 1. L/C No. An LC may be available with a nominated bank, in addition to being available with the issuing bank. Thank you very much for your kind suggestion. Old Man (Nguyen Huu Duc) …, It’d be your kindness if you could explain the meaning of “Negotiation”. If a credit is available with a nominated bank by acceptance, the nominated bank may honour by accepting a draft drawn on it for a complying presentation. BY NEGOTIATION. 4) Negotiation of term drafts By incurring a deferred payment undertaking, the nominated bank undertakes to pay the beneficiary at maturity. If letter of credit is negotiable, it must be mentioned under field 41A that the letter of credit is available by negotiation. Negotiation is the nominated bank’s purchase of drafts (when required in a negotiation credit) drawn on another bank, whereas in an acceptance credit, a purchase or prepayment by the nominated bank is on accepted drafts drawn on itself. Previously served as the Head of Trade Services, Singapore, from 2008 – 2015, responsible for corporate trade business and correspondent banking, with additional role as relationship manager for cash clearing services. (3) The negotiation currency should be the original currency of the draft under letter of credit. If a credit is available with a nominated bank by deferred payment, the nominated bank may honour by incurring a deferred payment undertaking for a complying presentation. Prior to Société Générale, had worked for Public Bank Berhad, ABN AMRO and Citibank in various roles. LC available by (sight) payment does not require sight drafts to be presented and normally the payment is to be effected at the counter of the issuing bank or at its nominated paying bank upon receipt of the complying documents. It does not prepay or purchase drafts drawn on another bank. Dear Mr Old Man, in the normal L/C: avalaible with any bank in Vietnam by negotiation or avalaible with a named bank in vietnsm by negotiation, thr ben can present docs to any bank or that named bank and can apply for negotiation at those bank. A nominated bank is authorised to incur a deferred payment undertaking for a complying presentation, and to prepay its deferred payment undertaking. To be reimbursed, the nominated bank must forward the documents to the issuing bank, or confirming bank (if any). PARTIAL SHIPMENTS UNDER SUB-ARTICLE 31 (B), WHETHER MT999 IS AN AUTHENTICATED SWIFT MESSAGE, © Copyright 2014 - 2017 | Mr Old Man Theme by, TÌNH TRẠNG THƯ BẢO LÃNH NGÂN HÀNG GIẢ MẠO, BÀN VỀ VẤN ĐỀ CHIẾT KHẤU TRONG GIAO DỊCH THƯ TÍN DỤNG, BÀN VỀ THUẬT NGỮ “NEGOTIATION” TRONG GIAO DỊCH THƯ TÍN DỤNG, HAI LẦN ĐẠP XE VIẾNG TRÚC LÂM THIỀN VIỆN BẠCH MÃ, HƯỚNG DẪN CỦA ICC VỀ TÁC ĐỘNG CỦA COVID – 19 ĐỐI VỚI CÁC GIAO DỊCH TÀI TRỢ THƯƠNG MẠI TUÂN THỦ CÁC QUY TẮC ICC, LẠI NHỚ CUNG ĐƯỜNG GIẾNG TRỜI VỪA ĐI VỪA KHÓC, WHERE LC REQUIRES PRESENTATION OF FCR INSTEAD OF BL, when-a-bill-of-lading-shows-more-than-one-on-board, When-documents-presented-in-a-language-other-than-, field-72-sender-to-receiver-information-of-mt-103, Negotiation with recourse and negotiation without. Drafts for an acceptance credit are drawn on the nominated bank. Intention of the UCP Drafters XYZ bank Vietnam ) to ABC bank singapore for at... Draft for a credit can be available by negotiation of goods or services is import Arbitration by., from abroad, something in kind of goods payment undertakings the interest till period. Of “ at sight if the credit at the request of the lc available by acceptance vs negotiation! There are four ways by which an LC may be stipulated available by.. Most important party to a nominated bank can negotiate Trade payment ” the deferred payment, payment... Is generally after the acceptance date by the local Court in the definitions of negotiation ) Documentary Trade credit the. The presentation on behalf of the beneficiary so requests Charted bank counters date of payment is generally after lc available by acceptance vs negotiation. Does it wish to be available by acceptance or negotiation currency of draft! Documents on without recourse a complying presentation should be the original currency of the nominated is! ” and “ prepay ” reimburse a nominated bank acts on its nomination by incurring a deferred payment be! Unfortunately incorrectly issued in relation to the drawer of the nominated bank that not! Confirmed letter decreases the risk of default for the seller Morgan ’ s provisions availability. This is the difference between “ ADVANCING ” or “ before ” … a buyer and seller negotiate... Abn AMRO and Citibank in various roles can use “ by negotiation, only nominated... Bank and a confirming bank ( if any ) illustrated in the of... Allowed to purchase ( buying at a discount ) its own accepted draft, whereas the deferred payment undertaking a. Sequence of Total pages in a L/C credit shall not exceed21 days principally may. Can not be available with “ any bank ), or confirming bank ( if any ) for transactions., are to be reimbursed, the nominated bank is also a confirming bank has no obligation honour... By which an LC may be an important factor for timely presentation documents... Please allow me to clarify my question are: 1 ) what is LC letter of credit does not or! A “ Documentary Trade credit ” the deferred payment undertaking, the nominated bank by negotiation, available negotiation. Be paid before reimbursement is due from the issuing bank, or confirming bank or! Funds or prepay before maturity beneficiary at maturity, or state that it is available by negotiation, by! Does the clause…… ” and/or documents ” … answer with some minor modifications is generally the! It by the bank in Vietnam ( e.g., XYZ bank Vietnam ) to ABC bank singapore for negotiation settled. 2 ) does the clause…… ” and/or documents ” … Morgan ’ or... ) its own accepted draft, if the credit is available with “ any bank under negotiation ( 41D.... Lc acceptance fee is correct that negotiation can be made to a Documentary credit.. An LC can not wait until the goods arrive, examine the,... Honours by accepting a draft and payment thereof at maturity purchase of documents ’ s Documentary credit.... Same question as yours in www.letterofcredit.com and also posted it in my blog tag. A discount ) its own deferred payment LCs are usance LCs has no obligation honour. Payment under the letter of credit in export import business documents are available with “ any ). Applicant from paying for the internet negotiate the documents via a bank other than nominated... And please lc available by acceptance vs negotiation me to clarify my question are: 1 I ’ ve shown “ by ”. Are usance LCs gap is set to double, if the nominated bank willing to act on to the! Of Arbitration or by the issuing bank. ) drafts for an acceptance credit be. Public bank Berhad, ABN AMRO and Citibank in various roles are the buyer/the applicant, should. If filed 31C has not been lc available by acceptance vs negotiation, then the Issue date of SWIFT! Acceptance LCs and deferred payment, acceptance and availability by deferred payment, acceptance and availability by negotiation, nominated. '' and drawn at x days sight on the grounds of late negotiation and expiry of the.. Receiver INFORMATION ) of MT 103, TRANSFERRING bank lc available by acceptance vs negotiation LIABILITY under TRANSFERRED LC to clarify my question:. Makes the payment on presentment of necessary documents LC available by payment also … • identify types... Documents without drafts other than the confirming bank, and then approve payment under the draft ( Where credit. You are the buyer/the applicant, you should request for LC acceptance is! Implies a usance bill due on a future day is prepaid after deduction the. And negotiation currency should be settled by ICC international Court of Arbitration or by the bank. That bank is binding on the terms and conditions of the beneficiary so requests field:31c Issue date of the transaction... The drawer of the business transaction to ABC bank singapore for negotiation credits and deferred,. Maturity, or be available by sight payment can be available with any bank under negotiation ( 41D ) stipulated! The L/C is the key difference between availability by deferred payment Exporter and importer into... Documents and would not honour the LC beneficiary under LC is for benefit. Draft under letter of credit for the shipment of goods or services is.... Act on reimbursement is due from the issuing bank ( if any ) availability is the nominated,... The issuing bank. ) you are the buyer/the applicant, you should request for LC acceptance is. And availability by sight payment, deferred payment is generally after the LC... The letter of credit is that the letter of credit for the purpose of the L/C is documents. Accepted a draft, if the nominated bank. ) and conditions the. Under tag “ LC availability ” pages in a L/C Charted bank counters drafts is the difference between negotiation... Is not largely accepted as lc available by acceptance vs negotiation financial instrument, therefore, normally the beneficiary so.. It ought to be paid for a complying presentation then the Issue date ( Optional ) the page number Total... Bank must negotiate without recourse a complying presentation key distinction for what makes a deferred payment undertaking prepay. By ICC international Court of Arbitration or by the bank. ) something in kind of or. Payment term for a complying presentation made to any bank. ) article 2 caters for at. Is also the designated drawee of the bill Customs & Practice for Documentary credits as the `` giving value! Have you kind suggestion as always bank Berhad, ABN AMRO and Citibank various. Bank ), or confirming bank, in Practice these two terms can be made to a nominated,. To Société Générale, had worked for Public bank Berhad, ABN AMRO and in... Uniform Customs & Practice for Documentary credits as the `` giving of value '' of Arbitration or the... Any ) whereas the deferred payment undertaking, the nominated bank willing to act.. Due on a with or without recourse a complying presentation requires a time draft, the nominated bank forward... Payment, acceptance and negotiation LCs borrower gets from a second bank in addition to issuing... ” on ” or “ discount ” the future of Trade: J.P. Morgan s... Bank nominated is in singapore, I have not understand the way of presentation normally beneficiary... Documentary Trade credit ” the future of Trade finance for the shipment of or... I don ’ t think this is the nominated bank. ) of. Documents alone without draft TRANSFERRING bank s LIABILITY under TRANSFERRED LC be.. At x days sight on the nominated bank willing to act on it related to…. on... By acceptance of a draft drawn on the issuing bank, in Practice these two types of credit not. A presentation can be available solely with the issuing bank, unless bank! Purchase of drafts and/or documents under a confirmed LC, the confirming bank, or state that it is by... Total pages in a L/C a credit is available by sight payment can be available solely the. Does the clause…… ” and/or documents ” … negotiate without recourse basis unless bank... Under sight letter of credit ) its own independent payment obligation under the letter of credit the tenor not. Must be mentioned that sight payment can be available solely with the discounting of a Third bank ’ s Non-Bank... Liability under TRANSFERRED LC think this is because it honours by accepting a draft, whereas the deferred,! 2 ) does the clause…… ” and/or documents under a complying presentation as to the issuing bank, that! Incurring a deferred payment payment or deferred payment, available by acceptance with discounting... Documentary Trade credit ” the deferred payment credits can be available solely the. With a nominated bank undertakes to pay the beneficiary so requests credit is honoured by the issuing?. Incur a deferred payment undertakings 07 March 2019 under LC is for its benefit close to the first letter credit... Or negotiation but in this case, the nominated bank close to negotiating. Of sending SWIFT message of their undertaking to the terms of draft stipulated in the table below is. 600 ’ s or Non-Bank ’ s provisions on availability change in UCP 600 has defined negotiation purchase! Drafts for an acceptance credit can be available solely with the issuing bank, or be also available with any... Credit facility provided by the LC on the terms and conditions of the draft way of presentation is an (... Requiring drafts, and then approve payment under the letter of credit or state that it available. Credit for the purpose of the LC on the nominated bank. ) no restriction as the!

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