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Back To Back Bank Guarantee for Saudi Arabia

Back To Back Bank Guarantee Template for Saudi Arabia

A Back-to-Back Bank Guarantee under Saudi Arabian law is a specialized financial instrument where one bank (the counter-guaranteeing bank) provides a guarantee to another bank (the issuing bank) to support the issuance of a separate guarantee to an end beneficiary. This document is structured in compliance with Saudi Arabian banking regulations, SAMA requirements, and Sharia principles, incorporating specific provisions for payment mechanisms, demand procedures, and enforcement rights. It includes detailed terms for the counter-indemnity relationship between the banks, guarantee activation conditions, and compliance with local banking practices.

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What is a Back To Back Bank Guarantee?

The Back To Back Bank Guarantee is essential in international trade and large-scale projects where multiple jurisdictions are involved. This document type is particularly relevant when a local Saudi Arabian bank needs to support a guarantee issued by a foreign bank, or vice versa. It ensures compliance with Saudi Arabian banking regulations, SAMA directives, and Sharia principles while facilitating international business transactions. The document includes crucial elements such as guarantee amounts, validity periods, demand procedures, and counter-indemnity provisions. It's commonly used in situations where the beneficiary requires a guarantee from a local bank but the applicant's relationship is with a foreign bank, or when local regulations require a domestic bank's involvement in the guarantee structure.

What sections should be included in a Back To Back Bank Guarantee?

1. Parties: Identification of all parties: Primary Bank (Guarantor), Second Bank (Counter-Guarantor), and reference to the underlying relationship

2. Background: Context of the guarantee, including reference to the underlying transaction and the primary guarantee

3. Definitions: Key terms used throughout the guarantee, including banking terms and relevant SAMA terminology

4. Guarantee Amount and Currency: Specific amount of the guarantee and currency, including any automatic reduction clauses

5. Scope of Guarantee: Detailed description of the guaranteed obligations and conditions for calling the guarantee

6. Duration and Validity: Term of the guarantee, including effective date, expiry date, and any extension provisions

7. Demand Requirements: Procedures and conditions for making a valid demand under the guarantee

8. Payment Terms: Timeline and process for payment upon valid demand, including Sharia-compliant payment mechanisms

9. Counter-Indemnity: Terms of counter-indemnity between the banks

10. Governing Law and Jurisdiction: Confirmation of Saudi Arabian law and jurisdiction, including reference to Sharia principles

11. Notices: Communication procedures between parties

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Back To Back Bank Guarantee?

1. Language Provisions: Required when documents may be produced in multiple languages, specifying the prevailing language

2. Assignment Restrictions: Include when transfer of rights needs to be specifically restricted or permitted

3. Force Majeure: Include when specific force majeure provisions are required beyond standard banking practice

4. Partial Invalidity: Include when there's a need to ensure survival of provisions if parts are deemed invalid

5. Anti-Money Laundering Compliance: Include when enhanced AML provisions are required beyond standard banking requirements

6. SAMA Reporting Requirements: Include when specific regulatory reporting obligations need to be addressed

What schedules should be included in a Back To Back Bank Guarantee?

1. Form of Demand: Template for making a valid demand under the guarantee

2. Fee Schedule: Details of banking fees and charges in Sharia-compliant format

3. Copy of Primary Guarantee: Attached copy of the primary guarantee being counter-guaranteed

4. Required Documents: List of supporting documents required for guarantee activation or demand

5. Authentication Procedures: Specific procedures for verifying authenticity of demands and communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Saudi Arabia

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions































Clauses




























Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Energy and Utilities

Manufacturing

Government and Public Sector

Real Estate Development

Defense and Security

Telecommunications

Mining and Resources

Relevant Teams

Legal

Treasury

Trade Finance

Compliance

Corporate Banking

Risk Management

International Banking

Credit Administration

Islamic Banking

Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Legal Counsel

Compliance Officer

Banking Relationship Manager

Credit Risk Manager

Corporate Banking Officer

International Trade Finance Specialist

Sharia Compliance Officer

Project Finance Manager

Senior Banking Executive

Guarantee Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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