UCPDC600

UCPDC600

ICC Uniform Customs
and Practice for

Documentary Credits  2007 REVISION

 ARTICLE 1                                                                                                                           

Application of UCP

The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication No. 600 (“UCP”) are rules that apply to any documentary credit (“credit”) (including to the extent to which they may be applicable, any standby letter of credit) when the text of the credit expressly indicates that it is subject to this rules. They are binding on all parties thereto unless expressly modified or excluded by the credit.

ARTICLE 2                                                                                                                         

Definitions

For the purpose of these rules:

Advising bank means the bank that advises the credit at the request of the issuing 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.

Beneficiary means the party in whose favour a credit is issued.

Complying presentation means a presentation that is in accordance with the terms and conditions of the credit, the applicable provisions of these rules and international standard banking practice.

Confirmation means a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a complying presentation.

Confirming bank means the bank that adds its confirmation to a credit upon the issuing bank authorization or request.

Credit means any arrangement, however means or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation

a.        to pay at sight if the credit is available by at sight

b.        to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment.

c.        to accept a bill of exchange (“draft”) drawn by the beneficiary  and pay at maturity if the credit is available by acceptance.

Issuing bank means the bank that issues a credit at the request of an applicnt or on its own behalf

Negotiation means the purchase by the nominated bank if 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.

Nominate bank means the bank with which the credit is available or any bank in the case of a credit available with any bank.

Presentation means either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered.

Presenter means a beneficiary, bank or other party that makes a presentation.

ARTICLE 3                                                                                                                         

Interpretations

For the purpose of these rules:

Where applicable, words in the singular include the plural and in the plural include the singular.

A credit is irrevocable even if there is no indication to that effect.

A document may be signed by handwriting, facsimile signature, perforated signature, stamp, symbol or any other mechanical or electronic method of authentication.

A requirement for a document to be realized, visaed, certified or similar will be satisfied by any signature, mark, stamp or label on the document which appears to satisfy that requirement.

Branches of a bank in different countries are considered to be separate banks.

Terms such as “first class”, “well known”, “qualified”’ “independent”’ “official”, “competent” or “local” used to describe the issuer of a document allow any issuer except the beneficiary to issue that document.

Unless required to be used in a document, words such as “prompt”, “immediately” or “as soon as possible” will be disregarded.

The expression “on or about” of similar will be interpreted as a stipulation that an event is to occur during a period of a five calendar days before until five calendar days after the specified date, both start and end dates included.

The words “to”, “until”, “till”, “from” and “between” when used to determine a period of shipment include the date or dates mentioned, and the words “before” and “after” exclude the date mentioned.

The words “from” and “after” when used to determine a maturity date exclude the date mentioned.

The term “first half” and “second half” of a month shall be construe respectively as the 1^st to the 15^th and the 16^th to the last day of the month, all dates inclusive.

The terms “beginning”, “middle” and “end” of a month shall be construed respectively as the 1^st to the 10^th, the 11^th to the 20^th and the 21^st to the last day of the month, all dates inclusive. 

ARTICLE 4                                                                                                                                   

Credits V. Contracts

a.                    A credit by its nature is a separate transaction from the sale or other contract on which it may be based. Banks are in no way concerned with or bound by such contract, even if any reference wahtsoever to it is included in the credit. Consquently, the undrtaking of a bank to honour, to negotiate or to fulfil any other obligation under the credit is not subject to claims or defences by the applicant resulting from its relationships with the issuing bank or the beneficiary.

b.                    An issuing bank should discourage any attempt by the applicant to include, as an integral part of the credit, copies of the underlying contract, prforma invoice and the like. 

ARTICLE 5                                                                                                                                   

Documents V. Goods, Services or Performance

Banks deal with documents and not with goods, services or performance to which the credit may relate.

ARTICLE 6                                                                                                                                   

Availability, Expiry Date and Place for presentation

a.       A credit must state the bank with which it is available or whether it is available with any bank. A credit available with a nominated bank is also available with the issuing bank.

b.      A credit must state whether it is available by sight payment, deferred payment, acceptance or negotiation.

c.       A credit must not be issued available by a draft drawn on the applicant.

d.      i.  A credit must state an expiry date for presentation. An expiry date for honour or                                             ne negotiation will be deemed to be an expiry date for presentation.                                             

ii. The place of the bank with which the credit is available is the place for presentation. The place for presentation under a credit available with any bank is tthat of any bank. A place for presentation other than that of the issuing bank is in addition to the place of the issuing bank.

e.       Except as provided in sub-article 29 (a), a presentation by or on behalf of the beneficiary must be made on or before the expiry date.

ARTICLE 7                                                                                                                                   

Issuing Bank Undertaking

 

a.       Provided that the stipulate documents are presented to the nominated bank or to the issuing bank and the constitute a complying presentation, the issuing bank must honour if the credit is available by:

i.                    sight payment, deferred payment or acceptance with the issuing bank;

ii.                  sight payment with a nominated bank and that nominated bank does not pay;

iii.                deferred payments with a nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity;

iv.                acceptance with a nominated bank and that nominated bank does not accept a draft drawn on it, or having accepted a draft drawn on it, does not pay at maturity.

v.                  negotiation with a nominated bank and that nominated bank does not negotiate.

b.      An issuing bank is irrevocably bound to honour as of the time it issues the credit.

c.       An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the issuing bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether or not the nominated bank prepaid or purchased before maturity. An issuing bank’s undertaking to reimburse a nominated bank is independent of the issuing bank’s undertaking to reimburse a nominated bank is independent of the issuing bank’s undertaking to the beneficiary.

ARTICLE 8                                                                                                                                   

Confirming Bank Undertaking.

a         Provided that the stipulated documents are presented to the issuing bank or to any other nominated bank and that they constitute a complying presentation, the confirming bank must:

i.        honour, if the credit is available by

a)      sight payment, deferred payment or acceptance with the confirming bank;

b)      sitght payment with another nominated bank and that nominated bank does not pay

c)      deferred payment with another nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking does not pay at maturity;

d)      acceptance with another nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;

e)      negotiation with another nominated bank and that nominated bank does not negotiate.

ii.      negotiate, without recourse, if the credit is available by negotiation with the confirming bank.

b        A confirming bank is irrevocably bound to honuor or negotiate as of the time it adds its confirmation to the credit.

c         A confirming bank undertakes to reimburse another nominated bank that has honoured or negotiate a complying presentation and forwarded the documents to the confirming bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether or not another nominated bank prepaid or purchased before maturity. A confirming bank’s undertaking to reimburse another nominated bank is independent of the confirming bank’s undertaking to the beneficiary.

d        If a bank is authorized or requested by the issuing bank to confirm a credit but is not prepared to do so, it must inform the issuing bank without delay and may advise the credit without confirmation.

ARTICLE 9                                                                                                                                   

Advising of Credits and Amendments

a         A credit and any amendment may be advised to a beneficiary through an advising bank. A advising bank that is not a confirming bank advises the credit and any amendment without any undertaking to honour or negotiate.

b        By advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received.

c         An advising bank may utilize the services of another bank (“second advising bank”) to advise the credit and any amendment to the beneficiary. By advising the credit or amendment, the second advising bank signifies that it has satisfied itself as to the apparent authenticity of the advice it has received and that the advice accurately reflects the terms and conditions of the credit or amendment received.

d        A bank utilizing the services of an advising bank or second advising bank to advise a credit must use the same bank to advise any amendment thereto.

e         If a bank is requested to advise a credit or amendment but elects not to do so, if must so inform, without delay, the bank from which the credit, amendment or advice has been received.

f         If a bank is requested to advise a credit or amendment but can not satisfy it self as to the apparent authenticity of the credit, the amendment or the advice, it must so inform, without delay, the bank from which the instruction appear to have been received. If the advising bank or second advising bank elects nonetheless to advise the credit or amendment, if must inform the beneficiary or second advising bank it has not been able to satisfy itself as to the apparent authenticity of the credit, the amendment or the advice.

                

ARTICLE 10                                                                                                                            

Amendments

a.       Except as otherwise provided by article 38, a credit can neither be amended nor cancelled without the agreement of the issuing bank, the confirming bank, if any, and the beneficiary.

b.      An issuing bank is irrevocably bound by an amendment as of the time it issues the amendment. A confirming bank may extend its confirmation to an amendment and will be irrevocably bound      as of the time it advises the amendment. A confirming bank may, however, choose to advise an amendment without extending its confirmation and, if so, it must inform the issuing bank without delay and inform the beneficiary in its advice.

c.       The terms and conditions of the original credit (or a credit incorporating previously accepted amendments) will remain in force for the beneficiary until the beneficiary communicates its acceptance of the amendments to the bank that advised such amendment. The beneficiary should give notification of acceptance or rejection of an amendment. If the beneficiary fails to give such notification, a presentation that complies with the credit and to any not yet accepted amendment will be deemed to be notification of acceptance by the beneficiary of such amendment. As of that moment the credit will be amendment.

d.      A bank that advises an amendment should inform the bank from which it receives the amendment of any notification of acceptance or rejection.

e.       Partial acceptance of an amendment is not allowed and will be deemed to be notification of rejection.

f.       A provision in an amendment to the effect that the amendment shall enter into force unless rejected by the beneficiary within a certain time shall be disregarded.

ARTICLE 11                                                                                                                         

Teletransmitted and Pre-Advised Credits and Amendments

a.   An authenticated teletransmission of a credit or amendment will be deemed to be the operative credit or amendment, and any subsequent mail confirmation shall be disregarded.

      If a teletransmission states “full details to follow” (or similar effect), or states that the mail confirmation is to be the operative credit or amendment, then the teletransmission will not be deemed to be the operative credit or amendment. The issuing bank must then issue the operative credit or amendment without delay in terms not inconsistent with the teletransmission.

b.      a preliminary advice of the issuance of a credit or amendment (preadvice) shall only be sent if the issuing bank is prepared to issue the operative credit or amendment. An issuing bank that sends a pre-advice is irrevocably committed to issue the operative credit or amendment, without delay, in terms not inconsistent with the pre-advice.

ARTICLE 12                                                                                                                        

Nomination

a.   Unless a nominated bank is the confirming bank, an authorization to honour or negotiate does not impose any obligation on that nominated bank to honour or negotiate, except when expressly agreed to by that nominated bank and so communicated to the beneficiary.

b.  By nominating a bank to accept the draft or incur a deferred payment undertaking, an issuing bank authorizes that nominated bank to prepay or purchase a draft accepted or a deferred payment undertaking incurred by that nominated bank.

c.       Receipt or examination and forwarding of documents by a nominated bank that is not a confirming bank does not make that nominated bank liable to honour or negotiate, nor does it constitute honour or negotiation.

ARTICLE 13                                                                                                                         

BANK-TO-BANK REIMBURSEMENT ARRANGEMENTS

a         If a credit states that reimbursement is to be obtained by nominated bank (“claiming bank”) claiming on another party (“reimbursement bank”), the credit must state if the reimbursement is subject to the ICC rules for bank-to-bank reimbursements in effect on the date of issuance of the credit.

b        If a credit does not state that reimbursement is subject to the ICC rules for bank-to-bank reimbursements, the following apply:

i.        An issuing bank must provide a reimbursing bank with a reimbursement authorization that conforms with the availability stated in the credit. The reimbursement authorization should not be subject to an expiry date.

ii.      A claiming bank shall not be required to supply a reimbursing bank with a certificate of compliance with the terms and conditions of the credit.

iii.    An issuing bank will be responsible for any loss of interest, together with any expenses incurred, if reimbursement is not provided on first demand by a reimbursing bank in accordance with the terms and conditions of the credit.

iv.    A reimbursing bank’s charges are for the account of the issuing bank. However, if the charges are for the account of the beneficiary, it is the responsibility of an issuing bank to so indicate in the credit and in the reimbursement authorization. If a reimbursing bank’s charge are for the account for the beneficiary, the shall be deducted from the amount due to a claiming bank when reimbursement is made, the reimbursing bank’s charge remain the obligation of the issuing bank.

c         An issuing bank is not relieved of any of its obligations to provide reimbursement if reimbursement is not made by a reimbursing bank on its first demand.

ARTICLE 14                                                                                                                                   

STANDARD FOR EXAMINATION OF DOCUMENTS

a         A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank must examine a presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation.

b        A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is complying. This period is not curtailed or otherwise affected by the occurrence on or after the date of presentation of any expiry date or last day for presentation.

c         A presentation including one or more original transport documents subject to articles 19, 20, 21, 22, 23, 24 or 25 must be made by or on behalf of the beneficiary not later than 21 calendar days after the date of shipment as described in these rules, but in any event not later than the expiry date of the credit. 

d        Date in a document, when read in context with the credit, the documents itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.

e         In documents other than the commercial invoices, the description of the goods, services or performance, if stated, may be in general terms not conflicting with their conflicting with their description in the credit.

f         If a credit requires presentation of a document other than a transport documents, insurance document or commercial invoice, without stipulating by whom the document is to be issued or its data content, banks will accept the document as presented if its content appears to fulfill the function of the required document and otherwise complies with sub-article 14 (d).

g         A document presented but not required by the credit will be disregarded and may be returned to the presenter.

h        If a credit contains a condition without stipulating the document to indicate compliance with the condition, banks will deem such condition as not stated and will disregard it.

i          A document may be dated prior to the issuance date of the credit, but must not be dated later than its date of presentation.

j          when the addresses of the beneficiary and the applicant appear in any stipulated document, the need not be the same as those stated in the credit or in any other stipulated document, but must be within the same country as the respective addresses mentioned in the credit. Contact details (telex, telephone, email and the like) stated as part of the beneficiary’s and the applicant’s address will be disregarded. However, when the address and contact details of the applicant appear as part of the consignee or notify party details on a transport document subject to articles 19, 20, 21, 22, 23, 24 or 25, they must be as stated in the credit.

k        The shipper or consignor of the goods indicated on any document need not be the beneficiary of the credit.

l          A transport document may be issued by any party other than a carrier, owner, master or charter provided that the transport document meets the requirements of articles 19, 20, 21, 22, 23 or 24 of these rules.

ARTICLE 15                                                                                                                                   

Complying Presentation

a.      When an issuing bank determines that a presentation is complying, it must honour.

b.      When a confirming bank determines that a presentation is complying, it must honour or negotiate and forward the documents to the issuing bank.

c.       When a nominated bank determines that a presentation is complying and honours or negotiates, it must forward the documents to the confirming bank or issuing bank.

ARTICLE 16                                                                                                                                   

Discrepant Documents,Waiver and Notice

1. When a nominated bank acting on its nomination a confirming bank,if any or the issuing bank determines that a presentation does nor comply it may refuse to honour or negotiate.
2. When an issuing bank determines that  a presentation does not comply,it may in its sole judgment approsch the applicant for a waiver of the discrepancies . This does not, however, extend the period mentioned  in sub article 14(b).
3. When a nominated bank acting on its nomination , a confirming bank, if any or the issuing bank decides to refuse to honour or negotiate , it must give a single notice to that effect to the presenter.

The notice must state:

i.                    That the bank is refusing to honour or negotiate; and

ii.                  Each discrepancy in respect of which the bank refuses to honour or negotiate and

iii.                A) that the bank is holding the documents pending further instructions from the presenter or

b) that the issuing bank is holding the documents until it receives a waiver from the applicant and agrees to accept it, or receives further instructions from the presenter prior to agreeing to accept a waiver; or

c) that the bank is returning the documents or

d) that the bank is acting in accordance with instructions previously received from the presenter.

d.  The notice required in sub-article 16 (C) must be given by telecommunication or if that is not possible ,by other expeditious   menans no later than the close of the fifth banking day following the day of presentation.

e.A nominated bank acting on its nomination a confirming bank, if any or the issuing  bank may after providing notice required by sub article 16 (C) (iii) (a) or (b) return the documents to the presenter at any time.

    f. if an issuing bank or a comfirming bank fails to act in accordance with the provisions of this article , it shall be precluded from claiming that the documents do not constitute a complying presentation.

   g. When an issuing bank refuses to honour or a confirming bank refuses to honour or negotiate and has given notice to that effect in accordance with this article, it shall then be entitled to claim a refund, with interest of any reimbursement made.

ARTICLE 17                                                                                                                                   

Original Documents and Copies

1. At least one original of each document stipulated in the credit must be presented.
2. A bank shall t treat as an original any document bearing an apparently original signature ,mark, stamp or label of the issuer of the document, unless the document itself indicates that it is not an original.
3. Unless a document  indicates otherwise, a bank will also accept a document as original if it:

i.                    appears to be written , typed, perforated or stamped by the document issuers hand ;or

ii.                  appears to be on the document issuers  original stationery ;or

iii.                states that it is original , unless the statement appears not to apply to the document presented .

4. If a credit requires presentation of copies of documents presentation of either originals or copies is permitted.
5. If a credit requires presentation of multiple documents by using terms such as “in duplicate”, “in two fold”  or “in two copies” , this  will be satisfied by the presentation of at least one original and the remaining number in copies ,except when the document itself indicates otherwise.

 

 

ARTICLE 18                                                                                                                                   

Commercial Invoice

1. A commercial invoice:

i.                    must appear to have been issued by the beneficiary (except as provided  in article 38)

ii.                  must be made out in the name of the applicant  (except as provided in article 38 ( g ) );

iii.                must be made our in the same currency as the credit ; and

iv.                need not be signed

b.  A nominated bank acting on its nomination, a confirming bank, if any, or the issuing bank may accept a commercial invoice issued for an    amount in excess of the amount permitted by the credit and its decision will be binding upon all parties, provided the bank in question has not honoured or negotiated for an amount in excess of that permitted by the credit.

c.  The description of the goods ,services  or performance in a commercial  invoice must correspond with that appearing in the credit.

ARTICLE 19                                                                                                                                   

Transport Document Covering at least Two Different Modes of Transport

1. A transport document  covering  at least two different modes or transport ( multimodal or combined transport document) however  named, must appear to:  

i.                    indicate the of the carrier and be signed by:

· the  carrier  or a named agent for or on behalf  of the carrier ,or

· the master or a named  agent for or on behalf  of the master

Any signature by the carrier, master or agent must be identified as that of the carrier master or agent.

Any signature by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master.

ii.                  indicate that the goods have been dispatched taken in charge or shipped on board at the place stated in the credit, by:

Pre-printed wording or

A stamp or notation indicating the date on which the goods have been dispatched, taken in charge or shipped on board.

The date of issuance of the transport document will be deemed to be the date of dispatch, taking  in charge or shipped on board and the date of shipment ,However ,if  the transport document indicates by stamp or notation a date of dispatch taking in charge or stupped on board this date will be deemed to be the date of shipment.

iii.                indicate the place of dispatch taking in charge or shipment and the place of final destination stated in the credit ,even if:

a)      the transport document states in addition a different place of dispatch taking in charge or shipment or place of final destination  or

b)      the  transport document  contains  the indication “intended” or similar qualification in relation to the vessel port of loading or port of discharge.

iv.                be the sole original transport document or if issued in more than  one original be the full set as indicated on the transport document

v.                  Contains terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage ( short form or blank back transport document). Contents  of terms and conditions of carriage will not be examined.

vi.                Contain no  indication that it is subject to a charter party

2. For the purpose  of this article ,transshipment means unloading from one means  of conveyance and reloading to another means of conveyance (whether or not in different modes oof transport )  during the carriage from the place of dispatch taking in charge or stupment to the place of final  destination stated in the credit
3.  I. A transport document may indicate that the goods will or may be transshipped provided that the entire carriage is covered by one and the same transport document.

ii. A transport document indication that transshipment will or may take place is acceptable even if the credit prohibits transshipment.

ARTICLE 20                                                                                                                                   

Bill of Lading

a.      A bill of lading however named, must appear to:

i.                    indicate the name of the carrier and be signed by:

·the carrier  or a named agent for or on behalf of the carrier or

·the master  or a named agent for or on behalf or the master.

Any signature by the carrier , master or agent must be identified as  that of the carrier, master, or agent

Any signature  by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master.

ii.                  indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by:

· Pre printed  wording or

·  An on board notation indicating the date on which the goods have been shipped on board

The date of issuance of the bill of lading will be deemed to be the date of shipment unless the bill of lading contains an on board notation indicating the date of shipment . In which case  the date stated in the on board notation will be deemed to be the date of shipment

In the bill of lading  contains the indication “intended vessel” or similar qualification in relation to the name of the vessel an on board notation indication the date of shipment and the name of  the actual vessel is required.

iii. indicate  shipment from the port of loading  to the port of discharge stated in the credit.

If the bill of lading does not indicate the port of loading stated in the credit as the port of loading, or if it contains the indication “intended” or similar qualification in relation to the port of loading an on board notation indicating the port of loading as stated in the credit, the date of shipment and the name of the vessel is required. This provision applies even when loading on board or shipment on a named vessel is indicated by pre printed wording on the bill of lading.

iv. be the sole original bill of lading or, if issued in more than one original ,be the full set as indicated on the bill of lading.

v. Contain terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage (short form or blank back bill of lading). Contents of terms and conditions of carriage will not be examined.

            vi. Contain no indication that it is subject to a charter party.

b. For the purpose of this article, transshipment means unloading from one vessel and reloading to another vessel during the carriage from the port of loading to the port of discharge stated in the credit.

c.                   i. A bill of lading may indicate that the goods will or may be transshipped provided that the entire carriage is covered by one and the same bill of lading.

ii. A bill of lading indicating that transshipment will or may take place is acceptable; even if the credit prohibits transshipment if the goods have been shipped in a container, trailer of LASH barge as evidenced by the bill of lading

d.         Clauses in a bill of lading stating that the carrier reserves the right to transship will be disregarded.

 

ARTICLE 21                                                                                                                                   

 

Non- Negotiable Sea Waybill

1. A non – negotiable sea waybill, however named, must appear to:

i.                    indicate the name of the carrier and be signed by:

· The carrier or a named agent for or on behalf of the carrier, or

· The master or a named agent for or on behalf of the master.

                       

Any signature by the carrier, master or agent must be identified as that of the carrier, master or agent.

Any signature by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master.

ii.                  indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by:

·  pre – printed wording, or

·  an on board notation indicating the date on which the goods have been shipped on board.

The date of issuance of the non –negotiable sea waybill will be deemed to be the date of shipment unless the non- negotiable sea waybill contains an on board notation indicating the date of shipment, in which case the date stated in the on board notation will be deemed to be the date of shipment.

If the non –negotiable sea waybill contains the indication “intended vessel” or similar qualification in relation to the name of the vessel, an on board notation indicating the date of shipment and the name of the actual vessel is required.

iii.                indicate shipment from the port of loading to the port of discharge stated in the credit.

If the non – negotiable sea waybill does not indicate the port of loading stated in the credit as the port of loading, or if it contains the indication “intended” or similar qualification in relation to the port of loading, an on board notation indicating the port of loading as stated in the credit, the date of shipment and the name of the vessel is required. This provision applies even when loading on board or pre-printed wording on the non-negotiable sea waybill indicates shipment on a named vessel.

iv.                be the sole original non – negotiable sea waybill or if issued in more than one original, be the full set as indicated on the non-negotiable sea waybill.

v.                  contain terms and conditions of carriage or made reference to another source containing the terms and conditions of carriage (short form or blank back non–negotiable sea waybill). Contents of terms and conditions of carriage will not be examined

vi.                contain no indication that it is subject to a charter party.

2. For the purpose of this article, transshipment means unloading from one vessel and reloading to another vessel during the carriage from the port of loading  to  to the port of discharge stated in the credit.

c.               i.  A non – negotiable sea waybill may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same non – negotiable sea waybill.

ii. A non- negotiable sea waybill indicating that transshipment will or may take place is acceptable, even if the credit prohibits transshipment, if the goods have been shipped in a container trailer or LASH barge as evidenced by the non –negotiable sea waybill

d.   Clauses in a non – negotiable sea waybill stating that the carried reserves the right to transship will disregarded.

ARTICLE 22                                                                                                                                   

           

Charter Party Bill of Lading  

1. A bill  of lading , however named, containing an indication that it is subject to a charter party (charter party bill of lading), must appear to:

i. be signed by:

· the master or a named agent for or on behalf of the master, or

· the owner or a named agent for or on behalf of the owner,

· the chartered or a named agent for or on behalf of the charterer.

Any signature by the master, owner, chartere or agent must be identified as that of the master, owner, charterer or agent.

Any signature by an agent must indicate whether the agent has signed for or on behalf of the master, owner or charterer.

An agent signing for or on behalf of the owner or chartere must indicate the name of the owner or charterer.

ii.  indicate that the goods have been shipped on board a named vessel at the port of loading started in the credit by:

· pre- printed wording, or

· an on board notation indicating the date on which the goods have been shipped on board.

The date of issuance of the charter party bill of lading will be deemed to be the date of shipment unless the charter party bill of lading contains an on board notation indicating the date of shipment, in which case the date stated in the on board notation will be deemed to be the date of shipment.

iii.  indicate shipment from the port of loading to the port of discharge     stated in the credit. The port of discharge may also be shown as a range of ports or a geographical area, as stated in the credit.

iv.   be the sole original charter party bill of lading or, if issued in more than one original, be the full set as indicated on the charter party bill of lading.

b. A bank will not examine charter party contracts even if they are required to be presented by the terms of the credit.

ARTICLE 23                                                                                                                                   

 

Air Transport Document

1. An air transport document, however named , must appear to :

i.                    indicate the name of the carrier and be signed by:

· the carrier, or

· a named agent for or on behalf of the carrier.

Any signature by the carrier or agent must be identified as that of the carrier or agent.

Any signature by an agent must indicate that the agent has signed for or on behalf of the carrier.

ii.                  indicate that the goods have been accepted for carriage.

iii.                indicate the date of issuance. This date will be deemed to be the date of shipment unless the air transport document contains a specific notation of the actual date of shipment in which case the date stated in the notation will be deemed to be the date of shipment.

Any other information appearing on the air transport document relative to the flight number and date will not be considered in determining the date of shipment.

iv.                indicate the airport of departure and the airport of destination stated in the credit.

v.                  be the original for consignor or shipper even if the credit stipulates a full set of originals.

vi.                contain terms and conditions of carriage or made reference to another source containing the terms and conditions of carriage. Contents of terms and conditions of carriage will not be examined.

2. For the purpose of this article, transhipment means unloading from one aircraft and reloading to another aircraft during the carriage from the airport of departure to the airport of destination stated in the credit.

c.

i. An air transport document may indicate that the goods will or may be transshipped, provided that the entire carriage is covered by one and the same air transport document.

ii. An air transport document indicating that transshipment will or may take place is acceptable, even if the credit prohibits transshipment.

ARTICLE 24                                                                                                                                   

 

Road, Rail or Inland Waterway Transport Documents

a.   A road, rail or inland waterway transport document, however named, must appear to:

i.        indicate the name of the carrier and:

          · be signed by the carrier or a named agent for or on behalf of the carrier, or

          ·  indicate receipt of the goods by signature, stamp or notation by the carrier or a named agent for or on behalf of the carrier.

Any signature, stamp or notation of receipt of the goods by the carrier or agent must be identified as that of the carrier or agent,

Any signature, stamp or notation of receipt of the goods by the agent must indicate that the agent has signed or acted for or on behalf of the carrier.

If a rail transport document does not identify the carrier, any signature or stamp of the railway company will be accepted as evidence of the document being signed by the carrier.

ii.                  indicate the date of shipment or the date the goods have been received for shipment, dispatch or carriage at the place stated in the credit. Unless the transport document contains a dated reception stamp, an indication of the date of receipt or a date of shipment, the date of issuance of the transport document will be deemed to be the date of shipment.

iii.                indicate the place of shipment and the place of destination stated in the credit,

b.  i.     A road transport document must appear to be the original for consignor or shipper or bear no marking indicating for whom the document has been prepared.

ii.                  A rail transport document marked “duplicate” will be accepted as an original.

iii.                A rail or inland waterway transport document will be accepted as an original whether marked as an original or not.

c.  In the absence of an indication on the transport document as to the number    of originals issued , the number presented will be deemed to constitute a full set.

d.  For the purpose of this article, transshipment means unloading from one means of conveyance and reloading to another means of conveyance within the same mode of transport during the carriage from the place of shipment dispatch or carriage to the place of destination stated in the credit.

e.          i. A road, rail or inland waterway transport document may indicate that the goods will or may be transshipped provided that the entire carriage is covered by one and the same transport document.

ii. A road, rail or inland waterway transport document indicating that transshipment will or may take place is acceptable, even if the credit prohibits transshipment.

ARTICLE 25                                                                                                                                   

Courier Receipt, Post Receipt or Certificate of Posting

a. A courier receipt, however named, evidencing receipt of goods for transport, must appear to:

i.                    indicate the name of the courier service and be stamped of signed by the named courier service at the place from which the credit states the goods are to be shipped; and

ii.                  Indicate a date of pickup or of receipt or wording to this effect. This date will be deemed to be the date of shipment

b. A requirement that courier charges are to be paid or prepaid may be satisfied by a transport document issued by a courier service evidencing that courier charges are for the account of a party other than the consignee.

c. A post receipt or certificate of posting, however named, evidencing receipt of goods for transport, must appear to be stamped or signed and dated at the place from which the credit states the goods are to be shipped. This date will be deemed to be the date of shipment

ARTICLE 26                                                                                                                                   

 

“On Deck”, “ shipper’s Load and Count”,  “Said by Sipper to Contain” and charges additional to Freight

a. A transport document must not indicate that the goods are or will be loaded on deck. A clause on a transport document stating that the goods may be loaded on deck is acceptable.

b. A transport document bearing a clause such as “shipper’s load and count” and “said by shipper to contain” is acceptable.

c. A transport document may bear a reference by stamp or otherwise, to charges additional to the freight.

ARTICLE 27                                                                                                                                   

Clean Transport Document

A bank will only accept a clean transport document. A clean transport document is one bearing no clause or notation expressly declaring a defective condition of the goods or their packaging. The word “clean” need not appear on a transport document, even if a credit has a requirement for that transport document to be “clean on board”.

 

ARTICLE 28                                                                                                                                   

 

Insurance Document and Coverage

a.      An insurance document, such as an insurance policy an insurance certificate or a declaration under an open cover must appear to be issued and signed by an insurance company an underwriter or their agents or their proxies

Any signature by an agent or proxy must indicate whether the agent or proxy has signed for or on behalf of the insurance company or underwriter.

b.      When the insurance document indicates that it has been issued in more that one original, all original must be presented.

c.       Cover notes will not be accepted.

d.      An insurance policy is acceptable in lieu of an insurance certificate or a declaration under an open cover.

e.       The date of insurance document must be no later than the date of shipment ,unless  it appears from the insurance document that the cover is effective from a date not later than the date of shipment.

f.       i. The insurance document must indicate the amount of insurance coverage and be in the same currency as the credit.

ii.  A requirement in the credit for insurance coverage to be for a percentage of the value of the goods, of the invoice value or similar is deemed to be the minimum amount of coverage required.

If there is no indication in the credit of the insurance coverage required, the amount of insurance coverage must be at least 110% of the CIF or CIP value of the goods.

When the CIF or CIP value cannot be determined from the documents the amount of insurance coverage must be calculated on the basis of the amount for which honour of negotiation is requested or the gross value of the goods as shown on the invoice, whichever is greater.

iii.The insurance document must indicate that risks are covered at least between the place of taking in charge or shipment and the place of discharge or final destination as  stated in the credit.

g.      A credit should state the type of insurance required and, if any, the additional risks to be covered .An insurance document will be accepted without regard to any risks that are not covered if the credit uses imprecise terms such as “usual risks” or “customary risks”.

h.      When a credit requires insurance against “all risk” and an insurance document is presented containing any “all risk”, notation or clause, whether or not bearing the heading “all risk”, the insurance document will be accepted without regard to any risks stated to be excluded.

i.        An insurance document may contain reference to any exclusion clause.

j.        An insurance document may indicate that the cover is subject to a franchise or excess (deductible)

 

ARTICLE 29                                                                                                                                   

 

Extension of Expiry Date or Last Day for Presentation

a. If the expiry date of a credit or the last day for presentation falls on a day when the bank to which presentation is to be made is closed for reasons other than  those referred to in article 36, the expiry date or the last day for presentation ,as the case may be, will be extended to the first following banking day.

b. If presentation is made on the first following banking day, a nominated bank must provide the issuing bank or confirming bank with a statement on its covering schedule that the presentation was made within the time limits extended in accordance with sub article 29(a)

c.       The latest date for shipment will not be extended as a result of sub- article 29(a)

 

 

ARTICLE 30                                                                                                                                   

Tolerance in Credit, Amount Quantity and Unit Prices

1. The words about or “approximately” used in connection with the amount of the credit or the quantity or the unit price stated in the credit are to be construed as allowing a tolerance not to exceed 10% more or 10% less than the amount, the quantity or the unit price to which they refer.

b.      A tolerance not to exceed 5% more or 5% less than the quantity of the goods is allowed, provided the credit does not state the quantity in terms of a stipulated number of packing units or individual items and the total amount of the drawings does not exceed the amount of the credit.

c.       Even when partial shipments are not allowed, a tolerance not to exceed 5% less than the amount of the credit is allowed, provided that the quantity of the goods, is shipped in full and a unit price, if stated in the credit, is not reduced or that sub-article 30 (b) is not applicable. This tolerance does not apply when the credit stipulates a specific tolerance or uses the expressions referred to in sub-article 30 (a).

ARTICLE 31                                                                                                                                   

Partial Drawings or Shipments

a.       Partial drawings or shipments are allowed.

b.      A presentation consisting of more than one set of transport documents Evidencing shipment commencing on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering a partial shipment, even if they indicate different dates of shipment or different ports of loading, places of taking in charge or dispatch. If the presentation consists of more than one set of transport documents, the latest date of shipment as evidenced on any of the sets of transport documents will be regarded as the date of shipment.

A presentation consisting of one or more sets of transport documents evidencing shipment on more than one means of conveyance within the same mode of transport will be regarded as covering a partial shipment, even if the means of conveyance leave on the same day for the same destination.

c.       A presentation consisting of more than one courier receipt, post receipt or certificate of posting will not be regarded as a partial shipment if the courier receipt, post receipt or certificate of posting appear to have been stamped or signed by the same courier or postal service at the same place and date and for the same destination.

ARTICLE 32                                                                                                                                   

Installment Drawing or Shipments

If a drawing or shipment by installments within given periods is stipulated in the credit and any installment is not drawn or shipped within the period allowed for that installment, the credit ceases to be available for that and any subsequent installment.

ARTICLE 33                                                                                                                                   

Hours of  Presentation

A Bank has no obligation to accept a presentation outside of its banking hours.

ARTICLE 34                                                                                                                                   

Disclaimer on effectiveness of Documents

A bank assumes no obligation or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document, or for the general or particular conditions stipulated in a document or superimposed thereon; nor does it assume any liability for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods, services or other performance represented by any document, or for the good faith or acts or omissions, solvency, performance or standing of the consignor, the carrier, the forwarder, the consignee or the insurer of the goods or any other person.

ARTICLE 35                                                                                                                                   

Disclaimer on Transmission and Translation

A Bank assumes no liability or responsibility for the consequences arising out of delay, loss in transit, mutilation or other errors arising in the transmission of any messages or delivery of letters or documents when such messages, letters or documents are transmitted or sent according to the requirements stated in the credit, or when the bank may have taken the initiative in the choice of delivery service in the absence of such instructions the credit.

If a nominated bank determines that a presentation is complying and forwards the documents to the issuing bank or confirming bank, whether or not the nominated bank has honored or negotiated, an issuing bank or confirming bank must honour or negotiate, or reimburse that nominated bank, even when the documents have been lost in transit between the nominated bank and the issuing bank or confirming bank, or between the confirming and the issuing bank.

A bank assumes no liability or responsibility for errors in translation or interpretation of technical term and may transmit credit terms without translating them. 

ARTICLE 36                                                                                                                                   

Force Majeure

A bank assumes no liability or responsibility for the consequences arising out of the interruption of its business by Acts of God, riots, civil commotions, insurrections, wars, acts of terrorism or by any strikes or lockouts or any other causes beyond its control.

A bank will not, upon resumption of its business, honour or negotiate under a credit that expired during such interruption of its business.

ARTICLE 37                                                                                                                                   

Disclaimer for Acts of an Instructed Party

a.        A bank utilizing the services of another bank for the purpose of giving effect to the instructions of the applicant does so for the account and at the risk of the applicant.

b.        An issuing bank or advising bank assumes no liability or responsibility should the instructions it transmits to another bank not be carried out, even it has taken the initiative in the choice of that other bank.

c.         A bank instructing another bank to perform services is liable for any commissions, fees, costs or expenses (“charges”) incurred by the bank in connection with its instructions.

If a credit states that charges are for the account of the beneficiary and charges cannot be collected or deducted from proceeds, the issuing bank remains liable for payment of charges.

A credit or amendment should not stipulate that the advising to a beneficiary is conditional upon the receipt by the advising bank or second advising bank of its charges.

d.        The applicant shall be bound by and liable to indemnity a bank against all obligations and responsibilities imposed by foreign laws and usages.

ARTICLE 38                                                                                                                                   

Transferable Credits

a.      A bank is under no obligation to transfer a credit except to the extent and in the manner expressly consented to by that bank.

b.      For the purpose of the article:

Transferable credit means a credit that specifically states it is “transferable”. A transferable credit may be made available in whole or in part to another beneficiary (“second beneficiary”) at the request of the beneficiary (“first beneficiary”).

Transferring bank means a nominated bank that transfers the credit or, in a credit available with any bank, a bank that is specifically authorized by the issuing bank to transfer and that transfers the credit. An issuing bank may be a transferring bank.

Transferred credit means a credit that has been made available by the transferring bank to a second beneficiary.

c.       Unless otherwise agreed at the time of transfer, all charges (such as commissions, fees, costs or expenses) incurred in respect of a transfer must be paid by the first beneficiary.

d.      A credit may be transferred in part to more than one second beneficiary provided partial drawings or shipments are allowed.

A transferred credit cannot be transferred at the request of a second beneficiary to any subsequent beneficiary. The first beneficiary is not considered to be a subsequent beneficiary.

e.       Any request for transfer must indicate if and under what condition s amendments may be advised to the second beneficiary. The transferred credit must clearly indicate those conditions.

f.       If a credit is transferred to more than one second beneficiary, rejection of an amendment by one or more second beneficiary does not invalidate the acceptance by any other second beneficiary, with respect to which the transferred credit will be amended accordingly. For any second beneficiary that rejected the amendment, the transferred credit will remain unamended.

g.      The transferred credit must accurately reflect the terms and conditions of the credit, including confirmation, if any, with exception of:

·         the amount of the credit,

·         any unit price stated therein,

·         the expiry date,

·         the period for presentation, or

·         the latest shipment date or given period for shipment,

      any or all of which may be reduced or curtailed.

      The percentage for which insurance cover must be effected may be increased to provide the amount of cover stipulated in the credit or these articles.

h.      The first beneficiary has the right to substitute its own invoice and draft, if any, for those of a second beneficiary for an amount not in excess of that stipulated in the credit, and upon such substitution the first beneficiary can draw under the credit for the difference, if any, between its invoice and the invoice of a second beneficiary.

i.        If the first beneficiary is to present  its own invoice and draft, if any, but fails to do so on first demand , or in the invoices presented by the first beneficiary create discrepancies that did not exist in the presentation made by the second beneficiary and the first beneficiary fails to correct them on first demand, the transferring bank has the right present the documents as received from the second beneficiary to the issuing bank, without further responsibility to the first beneficiary.

j.        The first beneficiary may, in the request for transfer, indicate that honour or negotiation is to be effected to a second beneficiary at the place to which the credit has been transferred, up to and including the expiry date of the credit. This is without prejudice to the right of the first beneficiary in accordance with sub article 38(h).

k.      Presentation of documents by or on behalf of a second beneficiary must be made to the transferring bank.

ARTICLE 39                                                                                                                                   

Assignment of Proceeds

The fact that a credit is not stated to be transferable shall not affect the right of the beneficiary to assign any proceeds to which it may be or may become entitled under the credit, in accordance with the provisions of applicable law. This article relates only to the assignment of proceeds and not to the assignment of the right to perform under the credit.

  

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