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Documentary Credit 2007 revision UCP 600

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1<br />

<strong>Documentary</strong> <strong>Documentary</strong> <strong>Credit</strong> <strong>Credit</strong> <strong>2007</strong> <strong>2007</strong> <strong>revision</strong> <strong>revision</strong><br />

정용혁 11. July . 200 2009<br />

<strong>UCP</strong> <strong>UCP</strong> <strong>600</strong> <strong>600</strong><br />

1


2<br />

Effective July 1, <strong>2007</strong><br />

2


<strong>UCP</strong> <strong>600</strong> – General Provisions and Definitions<br />

3<br />

Article 1 – Application of <strong>UCP</strong><br />

� <strong>UCP</strong> <strong>600</strong> are rules<br />

� Expressly indicates in the credit<br />

� Applicable also to standby credit<br />

�� Binding on all parties unless expressly modified or<br />

excluded<br />

3


4<br />

Examples of express indication: <strong>UCP</strong> <strong>600</strong> 1<br />

Use of SWIFT:<br />

40E: Applicable Rules<br />

<strong>UCP</strong> LATEST VERSION<br />

Use of telex or letter:<br />

This credit is subject to the Uniform Customs and Practice<br />

for <strong>Documentary</strong> <strong>Credit</strong>s <strong>Credit</strong>s, <strong>2007</strong> Revision, evision, ICC Publication<br />

No. <strong>600</strong>.<br />

This credit is subject to <strong>UCP</strong> <strong>600</strong><br />

4


5<br />

Examples of an exclusion or modification to a rule:<br />

Contrary to article 32 of the <strong>UCP</strong>, th this is credit remains remain<br />

valid for subsequent instal installments ments despite any shipment<br />

or drawing not made within the period allowed.<br />

Sub Sub-Article Article 28(c) does not apply.<br />

Documents must not be dated earlier than the date of<br />

the issuance of this credit.<br />

<strong>UCP</strong> <strong>600</strong> 1<br />

5


<strong>UCP</strong> <strong>600</strong> – General Provisions and Definitions<br />

6<br />

Article 2 – Definitions<br />

Certain terms are defined, so that they provide references when<br />

such terms are used in the articles<br />

A Advising bank H Honour<br />

Applicant<br />

B Banking day<br />

Beneficiary<br />

C Complying presentation<br />

Confirmation<br />

Confirming bank<br />

<strong>Credit</strong><br />

I Issuing bank<br />

N Negotiation<br />

Nominated bank<br />

P Presentation<br />

Presenter<br />

6


7<br />

Banking Day <strong>UCP</strong> <strong>600</strong> 2<br />

� Day on which a bank is regularly open for performance of an act<br />

subject to these rules<br />

SATURDAY<br />

Trade Dept.<br />

Banking Hall<br />

7


8<br />

Complying Presentation <strong>UCP</strong> <strong>600</strong> 2<br />

� Presentation in accordance with<br />

� Terms & conditions of the credit<br />

� Applicable <strong>UCP</strong> provisions<br />

� International standard banking practice<br />

What is international standard<br />

banking practice ?<br />

Is it referring to the “ISBP” ?<br />

8


9<br />

Honour & Negotiation <strong>UCP</strong> <strong>600</strong> 2<br />

� Honour<br />

For credit available by ��<br />

�� Sight payment<br />

�� Deferred payment<br />

�� Acceptance<br />

� Negotiation<br />

Pay at sight<br />

Incur deferred payment undertaking<br />

Pay at maturity<br />

Accept bill of exchange<br />

Pay at maturity<br />

� Purchase by the nominated bank of drafts (drawn on another<br />

bank) and/or documents under a complying presentation,<br />

� By advancing or agreeing to advance funds to beneficiary, on<br />

or before the banking day on which reimbursement is due to the<br />

nominated bank.<br />

9


10<br />

Nominated Bank; Presentation; Presenter <strong>UCP</strong> <strong>600</strong> 2<br />

� The bank with which the credit is available, or any bank in the case<br />

of a freely available credit<br />

� Presentation<br />

� Delivery of documents to issuing bank or nominated bank; or<br />

� The documents so delivered<br />

� Presenter<br />

� Party that makes a presentation<br />

10


<strong>UCP</strong> <strong>600</strong> – General Provisions and Definitions<br />

11<br />

Article 3 – Interpretations<br />

�� Where applicable, words in the singular include the plural<br />

and vice versa.<br />

� No more “(s)” - “Document” instead of “Document(s)”<br />

�� �� A A credit credit is is irrevocable irrevocable even if no indication to that effect.<br />

�� For determining maturity date, the words “from” and “after”<br />

exclude the date mentioned<br />

=<br />

30 days from shipment date 30 days after shipment date<br />

Shipment date: 1 AUG <strong>2007</strong> Maturity date: 31 AUG <strong>2007</strong><br />

11


12<br />

Interpretations<br />

�A documents may be signed by handwriting, facsimile signature,<br />

perforated signature, stamp, symbol or any other mechanical or<br />

electronic method of authentication.<br />

�A requirement for a document to be legalized, visaed, certified or<br />

similar will be satisfied by any signature, mark, stamp or label on<br />

the document which appears to satisfy that requirement.<br />

�Branches of a bank in different countries are considered to be<br />

separate bank.<br />

�Terms such as “first class”, “well known”, “qualified”, “independent”,<br />

“official”, “competent” or “local” used to describe the issuer of a<br />

document allow any issuer except the beneficiary to issue that<br />

document.<br />

<strong>UCP</strong> <strong>600</strong> 3<br />

12


13<br />

Interpretations<br />

�Unless required to be used in a document, words such as “prompt”,<br />

“immediately” or “as soon as possible” will be disregarded.<br />

�Expression “on or about” or similar is a stipulation that an event is to<br />

occur five calendar days before until five calendar days after the<br />

specified date, both start and end dates included.<br />

<strong>UCP</strong> <strong>600</strong> 3<br />

�For �For determining shipment period:<br />

- words “to”, “until”, “till”, “from” and “between” include the date or dates<br />

mentioned.<br />

- words “before” and “after” exclude the date mentioned.<br />

- Terms “first half” and “second half of a month means the 1 st – 15 th and<br />

16 th – last day of the month, all dates inclusive.<br />

- Terms “beginning”, “middle” and “end” of a month means the 1 st – 10 th ,<br />

the 11 th – 20 th and 21 st – last day of the month, all days inclusive.<br />

13


14<br />

Interpretations <strong>UCP</strong> <strong>600</strong> 3<br />

� For determining a period of shipment, the words “from” and “after” have<br />

different meanings<br />

� “From” includes the date mentioned<br />

� “After” excludes the date mentioned<br />

=<br />

Shipment to be effected<br />

Earliest shipment date<br />

from August 10th<br />

is August 10th<br />

Shipment to be effected<br />

after August 10th<br />

=<br />

Earliest shipment date<br />

is August 11th<br />

14


<strong>UCP</strong> <strong>600</strong> – General Provisions and Definitions<br />

15<br />

Article 4 - <strong>Credit</strong>s v. Contracts<br />

� Independence Principle - L/C is a separate transaction from the<br />

underlying contract<br />

� Banks should discourage any attempt to include contract as<br />

integral part of L/C<br />

Discouraged ??<br />

Details as per Contract<br />

No.123, which is<br />

appended and forms an<br />

integral part of the credit.<br />

L/C<br />

Contract No.123<br />

15


<strong>UCP</strong> <strong>600</strong> – General Provisions and Definitions<br />

16<br />

Article 5 - Documents v. Goods/Services/Performance<br />

� Banks deal with documents and not with goods, services or<br />

performances to which the documents may relate.<br />

16


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

17<br />

Article 6 - Availability, Expiry Date and Place for Presentation<br />

� L/C must �<br />

� State the bank with which it is available, or that it is available with<br />

any bank (available with a nominated bank also available with<br />

the issuing bank)<br />

� State that it is available by sight payment, deferred payment,<br />

acceptance or negotiation<br />

� Not be available by draft on applicant<br />

Examples:<br />

Available with issuing bank by deferred payment<br />

Available with Bank XYZ by payment<br />

Available with any bank by negotiation<br />

17


18<br />

Availability, Expiry Date & Place for Presentation<br />

� Expiry date<br />

� Last day for presentation of documents<br />

� Place for presentation<br />

� Bank with which the L/C is available, or<br />

� Any bank, if the L/C is available with any bank, and<br />

�� Issuing bank<br />

<strong>UCP</strong> <strong>600</strong> 6<br />

L/C available with any bank L/C available with Bank XYZ<br />

1. Any bank<br />

2. Issuing bank<br />

Place for presentation<br />

1. Bank XYZ<br />

2. Issuing bank<br />

18


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

19<br />

Article 7 – Issuing Bank Undertaking<br />

� Honour complying presentation made to nominated bank or to issuing<br />

bank itself<br />

� Reimburse nominated bank that has honoured/negotiated and forwarded<br />

complying documents to issuing bank<br />

�� Irrevocably bound as of the time L/C is issued<br />

� For usance L/C, reimbursement is due at maturity of deferred payment<br />

undertaking or acceptance, whether or not nominated bank prepaid<br />

or purchased before maturity<br />

� Issuing bank’s undertaking to reimburse nominated bank is<br />

independent of its undertaking to beneficiary<br />

19


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

20<br />

Article 8 – Confirming Bank Undertaking<br />

� Honour a complying presentation, or negotiate without recourse<br />

� Reimburse nominated bank that has honoured/negotiated and<br />

forwarded complying documents to confirming bank<br />

� Irrevocably bound as of the time of confirmation<br />

�� For usance L/C, reimbursement is due at maturity of deferred payment<br />

undertaking or acceptance, whether or not nominated bank<br />

prepaid or purchased before maturity<br />

� Confirming bank’s undertaking to reimburse nominated bank is<br />

independent of its undertaking to beneficiary<br />

20


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

21<br />

Article 9 - Advising of <strong>Credit</strong>s and Amendments<br />

� By advising an L/C, the advising bank signifies:<br />

� Its without any undertaking to honour or negotiate<br />

� It has satisfied itself as to the apparent authenticity of the L/C<br />

or amendment<br />

�� The advice accurately reflects the L/C’s terms and conditions<br />

� An advising bank may utilize the services of another bank to advise<br />

the credit - second advising bank<br />

21


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

22<br />

Article 10 – Amendments<br />

� Amendment must be agreed to by the issuing bank, confirming<br />

bank, if any, and the beneficiary<br />

� Issuing bank/Confirming bank is irrevocably bound as of time of<br />

issuance and advising of amendment<br />

�� Confirming bank must inform issuing bank of election not to<br />

extend confirmation to an amendment and may advise<br />

beneficiary of amendment without it’s confirmation<br />

� Notification of acceptance or rejection received should be given<br />

by second advising bank to the advising and the advising bank<br />

to the issuing bank<br />

� Partial acceptance = Notice of rejection<br />

22


23<br />

Amendments<br />

� Disregard any provision that the amendment shall be in<br />

force unless rejected by beneficiary within certain time<br />

Disregard<br />

Silence = Consent<br />

Amendment No.1<br />

- Amount reduced by USD100,000.00<br />

This amendment shall be in force<br />

unless rejected by beneficiary on<br />

or before 30 Nov <strong>2007</strong>.<br />

<strong>UCP</strong> <strong>600</strong> 10<br />

23


24<br />

Acceptance of Amendment by Performance<br />

� Presentation that complies with the credit and not yet accepted<br />

amendment – deemed to be beneficiary’s acceptance of the<br />

amendment<br />

Original L/C<br />

Date: 1 JUL 07<br />

US$150,000<br />

Ship by 20 AUG 7<br />

Partial shipments<br />

allowed<br />

Complying<br />

Amendment<br />

Date: 4 JUL 07<br />

Amt. reduced to<br />

US$100,000<br />

Ship by 20 JUL 07<br />

Complying<br />

<strong>UCP</strong> <strong>600</strong> 10<br />

Deemed<br />

accepted ?<br />

Document<br />

US$100,000<br />

Shipped 20 JUL 07<br />

24


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

25<br />

Article11 – Teletransmitted and Pre-Advised <strong>Credit</strong>s and<br />

Amendments<br />

� Authenticated teletransmission of credit and amendment deemed<br />

to be operative, unless otherwise stated.<br />

� If teletransmission states “full details to follow” (or words of similar effect),<br />

issuing bank must then issue the operative credit or amendment in terms<br />

not inconsistent with the teletransmission<br />

� Preliminary advice of issuance of a credit or amendment obligates<br />

the issuing bank to issue the operative credit or amendment.<br />

25


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

26<br />

Article 12 – Nomination<br />

� Nomination does not obligate nominated bank to honour<br />

� By nominating a bank to accept a draft or incur a deferred payment<br />

undertaking, an issuing bank authorizes that nominated bank to<br />

prepay or purchase a draft accepted or a deferred payment<br />

undertaking incurred by that nominated bank<br />

26


<strong>UCP</strong> <strong>600</strong> – Liabilities and Responsibilities<br />

27<br />

Article 13 – Bank to Bank Reimbursement Agreements<br />

� If a credit states that reimbursement is to be obtained from a reimbursing<br />

bank, it must state if the reimbursement is subject to the ICC rules for<br />

bank-to-bank reimbursements in effect on the date of issuance of the<br />

credit.<br />

27


<strong>UCP</strong> <strong>600</strong> – Examination of Documents<br />

28<br />

Article 14 - Standard for Examination of Documents<br />

�� Must examine documents on their face to determine compliance<br />

�� Other than the commercial invoice, description of goods, services<br />

or performance<br />

performance, may be stated in general terms<br />

�� �� Disregard Disregard documents documents not required by L/C and may be returned<br />

�� Disregard non non-documentary documentary condition<br />

�� Documents may be dated prior to issuance date of LC, but not<br />

later than date of presentation<br />

28


29<br />

Reasonable Time<br />

� <strong>UCP</strong> 500: Reasonable time, not to exceed SEVEN banking days<br />

following the day of receipt of documents<br />

� <strong>UCP</strong> <strong>600</strong>: Max. of FIVE banking days following day of presentation.<br />

Not curtailed or affected by other events.<br />

<strong>UCP</strong> <strong>600</strong><br />

<strong>UCP</strong> 500<br />

<strong>UCP</strong> <strong>600</strong> 14<br />

M Tu<br />

Tu W Th<br />

Th F Sa Sa S M Tu<br />

Tu W<br />

0 1 2 3 4 X X 5<br />

0 1 2 3 4 X X 5 6 7<br />

What is reasonable ?<br />

29


30<br />

Period for Presentation<br />

� Presentation including an original transport document must be made<br />

not later than 21 calendar days after date of shipment<br />

� Transport document - Subject to Articles 19-25<br />

Data in Documents<br />

� Data in a document must not conflict with data in that<br />

document, other stipulated documents or the L/C<br />

<strong>UCP</strong> <strong>600</strong> 14<br />

30


31<br />

Unspecified Issuer or Content<br />

� Other than invoice, transport document or insurance document, banks<br />

will accept the document if (1) its content appears to fulfill the<br />

function, and (2) it complies with 14(d)<br />

Example: L/C calls for Inspection Certificate<br />

Inspection<br />

Certificate<br />

Goods have been<br />

inspected and are<br />

certified to be in<br />

order.<br />

Signed<br />

Dated<br />

Inspection<br />

Certificate<br />

Goods are<br />

certified to be of<br />

Singapore origin.<br />

Signed<br />

<strong>UCP</strong> <strong>600</strong> 14<br />

Goods have<br />

been inspected<br />

and are certified<br />

to be in order.<br />

Signed<br />

1 JUL 2009<br />

Dated<br />

1 JUL 2009<br />

Dated<br />

1 JUL 2009<br />

�� �� ��<br />

31


32<br />

Addresses of Beneficiary & Applicant<br />

� Need not be the same between stipulated documents & the credit; but<br />

� Must be within the same country as in the credit<br />

<strong>UCP</strong> <strong>600</strong> 14<br />

� Disregard contact details of beneficiary and applicant (fax, phone, email)<br />

stated in the credit<br />

� However, if they form part of consignee and notify party details in<br />

transport document, applicant’s contact details must be as stated in<br />

the credit<br />

32


33<br />

Addresses of Beneficiary & Applicant<br />

Letter of <strong>Credit</strong><br />

Applicant: ABC Inc.<br />

3 Temasek Avenue<br />

16-00 16 00 Centennial Tower<br />

Singapore 039190<br />

Fax No. 6328 5201<br />

B/L to notify applicant<br />

Bill of Lading<br />

Notify: ABC Inc.<br />

10 Coleman Street<br />

Singapore 179809<br />

Fax No. 6328 5464<br />

��<br />

Invoice<br />

Bill to: ABC Inc.<br />

10 Coleman Street<br />

Singapore 179809<br />

Fax No. 6328 5464<br />

Bill of Lading<br />

Notify: ABC Inc.<br />

3 Temasek Avenue<br />

16-00 16 00 Centennial Tower<br />

Singapore 039190<br />

Fax No. 6328 5201<br />

<strong>UCP</strong> <strong>600</strong> 14<br />

��<br />

��<br />

33


34<br />

Shipper, Consignor, Transport Document Issuer<br />

� Shipper or consignor of goods indicated on any<br />

documents need not be the L/C beneficiary, but must<br />

be consistent among all documents<br />

Bill of Lading<br />

Shipper: XYZ Co. Ltd.<br />

L/C<br />

Beneficiary: ABC Co. Ltd.<br />

<strong>UCP</strong> <strong>600</strong> 14<br />

�� �� �� �� �� ��<br />

Certificate of Origin Certificate of Origin<br />

Shipper: XYZ Co. Ltd.<br />

� Transport document may be issued by party other<br />

than carrier/ owner/ master/ charterer, provided it meets<br />

the requirements of articles 19, 20, 21, 22, 23 or 24<br />

Shipper: ABC Co. Ltd.<br />

34


<strong>UCP</strong> <strong>600</strong> – Examination of Documents<br />

35<br />

Article 15 – Complying Presentation<br />

When When ……<br />

Issuing bank determines<br />

a presentation is<br />

complying<br />

Confirming bank<br />

determines a presentation<br />

is complying<br />

Nominated bank<br />

determines a presentation<br />

is complying, and<br />

honours or negotiates<br />

It must honour<br />

and release documents to<br />

the applicant<br />

It must honour or<br />

negotiate and forward<br />

documents to issuing bank<br />

It must forward<br />

documents to confirming<br />

bank or issuing bank<br />

Without<br />

delay<br />

35


<strong>UCP</strong> <strong>600</strong> – Examination of Documents<br />

36<br />

Article 16 – Discrepant Documents, Waiver and Notice<br />

� Nominated/Confirming/Issuing bank may refuse to honour or<br />

negotiate discrepant documents<br />

� Issuing bank, in its sole judgment approach applicant for waiver<br />

�� Notice of refusal must be given no later than close of the fifth<br />

banking day following day of presentation<br />

� Failing to act in accordance with this article precludes the bank from<br />

claiming the presentation does not comply<br />

� After providing notice of refusal<br />

� The bank may return documents to presenter at any time<br />

� Issuing bank or confirming bank may claim refund for any<br />

reimbursement made, with interest<br />

36


37<br />

NEW<br />

NEW<br />

Discrepant Documents, Waiver and Notice<br />

� Single Notice of Refusal must state:<br />

� the bank is refusing to honour or negotiate,<br />

� each discrepancy in respect of the refusal, and<br />

� one of the following:<br />

The bank is holding documents pending presenter’s further<br />

instructions<br />

The bank is returning the documents<br />

The bank is acting in accordance with instructions previously<br />

received from the presenter<br />

<strong>UCP</strong> <strong>600</strong> 16<br />

The issuing bank is holding documents until it receives waiver<br />

from applicant and agrees to accept it, or receives further<br />

instructions from presenter prior to agreeing to accept the waiver<br />

37


38<br />

Important Timelines (<strong>UCP</strong> <strong>600</strong> – 14,15,16)<br />

� Document Examination:<br />

� Max. 5 banking days following the day of presentation<br />

� Complying Presentation:<br />

� When an issuing bank determines that a presentation is complying, it<br />

must honour<br />

� Refusal:<br />

� Notice of refusal by the close of the fifth banking day following the<br />

day of presentation<br />

38


<strong>UCP</strong> <strong>600</strong> – Examination of Documents<br />

39<br />

Article 17 – Original Documents and Copies<br />

�� At least one original must be presented<br />

�� Original Document = apparent original signature, mark, stamp or<br />

label of issuer of the document<br />

�� Also an Original = written, typed, perforated or stamped by the<br />

document issuer’s hand; or<br />

on original stationery; or<br />

states that it is original<br />

�� L/C requires copies of documents, either originals or copies is<br />

acceptable<br />

�� Documents “in duplicate”, “in two fold” or “in two copies”,<br />

presentation of at least one original and remaining number in<br />

copies is acceptable.<br />

39


<strong>UCP</strong> <strong>600</strong> – Documents<br />

40<br />

Article 18 – Commercial Invoice<br />

� Issued by beneficiary, made out in the name of applicant, and<br />

need not be signed (except as provided in article 38 – Transferable L/C)<br />

� Invoice amount in excess of L/C – May be accepted by the<br />

nominated bank, but must not be honoured or negotiated in<br />

excess of L/C amount<br />

� Description of goods, services or performance must correspond<br />

with L/C description<br />

40


41<br />

Commercial Invoice<br />

� Must be in the same currency as L/C<br />

L/C<br />

Currency & Amount:<br />

USD1,000,000.00<br />

Invoice No.123<br />

Invoice Amount:<br />

USD1,000,000.00<br />

(Equivalent to<br />

SGD1,560,000.00)<br />

Invoice No.456<br />

Invoice Amount:<br />

SGD1,560,000.00<br />

(Equivalent to<br />

USD1,000,000.00)<br />

�� ��<br />

<strong>UCP</strong> <strong>600</strong> 18<br />

41


<strong>UCP</strong> <strong>600</strong> – Documents<br />

42<br />

Article 19 – Transport Documents Covering at Least Two Different<br />

Modes of Transport<br />

� Must appear to indicate name of carrier<br />

� Signed by carrier, master or named agent<br />

� If signed by agent, need to specify for whom - carrier or<br />

master - it is signed<br />

ABC Forwarders<br />

As Agent<br />

For For Master<br />

��<br />

ABC Forwarders<br />

<strong>600</strong> <strong>600</strong><br />

��<br />

As Agent<br />

500 500<br />

For For Master,<br />

Takashi Yanagawa<br />

��<br />

��<br />

42


43<br />

Transport Document Covering at Least<br />

Two Different Modes of Transport<br />

� Indicating goods have been dispatched, taken in charge<br />

or shipped on board:<br />

� by pre-printed wording – issuance date is the<br />

date of dispatch, taking in charge or shipped<br />

on board<br />

� by a dated notation indicating the date goods<br />

have been dispatched, taken in charge or<br />

shipped on board – this date is the date of<br />

shipment<br />

� Must indicate place of dispatch, taking in charge or<br />

shipment and place of final destination stated in the L/C,<br />

even if transport document:<br />

� states, in addition, different place of dispatch, taking in<br />

charge or shipment or place of final destination<br />

� contains indication “intended” or similar qualification in<br />

relation to vessel, port of loading or port of discharge<br />

<strong>UCP</strong> <strong>600</strong> 19<br />

43


44<br />

Changes to SWIFT MT700<br />

� New fields for transport details:<br />

44A Place of Taking in Charge/ Dispatch from …/<br />

Place of Receipt<br />

44E Port of Loading/ Airport of Departure<br />

44F Port of Discharge/ Airport of Destination<br />

44B Place of Final Destination/ For Transportation to …/<br />

Place of Delivery<br />

44


45<br />

Transport Document Covering at Least<br />

Two Different Modes of Transport<br />

� If issued in more than one original, all originals are required<br />

� Need not examine contents of Terms and Conditions of<br />

carriage<br />

� Must not indicate it is subject to a charter party (no<br />

mention of “vessel propelled by sail”)<br />

�� Unloading from one means of conveyance and reloading to<br />

another means of conveyance (whether or not in<br />

different modes of transport) during the carriage from<br />

the place of dispatch, taking in charge or shipment to the<br />

place of final destination – is transshipment<br />

� Transport document may indicate goods will or may be<br />

transshipped provided entire carriage is covered by<br />

one and the same transport document<br />

� Even prohibited by the L/C, transport document<br />

indicating transshipment will or may take place is<br />

acceptable<br />

<strong>UCP</strong> <strong>600</strong> 19<br />

45


<strong>UCP</strong> <strong>600</strong> – Documents<br />

46<br />

Article 20 – Bill of Lading<br />

Article 21 – Non-Negotiable Sea Waybill<br />

� Must appear to indicate name of carrier<br />

� Signed by carrier, master or named agent<br />

� If signed by master, name of master is not necessary<br />

Master<br />

<strong>600</strong> �� ��<br />

500 �� ��<br />

� If signed by agent, need to specify for whom,<br />

carrier or master - it is signed<br />

ABC Forwarders<br />

As Agent<br />

For Master<br />

<strong>600</strong> ��<br />

500 ��<br />

ABC Forwarders<br />

As Agent<br />

<strong>600</strong> ��<br />

500 ��<br />

For Master, John Doe<br />

46


47<br />

Bill of Lading<br />

Non-Negotiable Sea Waybill<br />

� Indicating goods have been shipped on board:<br />

� by pre-printed wording – issuance date is the<br />

date of shipment, or<br />

� by a dated on board notation – on board date<br />

is the date of shipment<br />

�� Port of loading in B/L differs from that stated in the L/C, or<br />

B/L contains “intended” qualification with regards to port of<br />

loading – “On Board Notation” is required, regardless of<br />

pre-printed “shipped” B/L is presented, indicating:<br />

� port of loading as in the L/C<br />

� date of shipment<br />

� name of vessel<br />

�If issued in more than one original, all originals are required<br />

<strong>UCP</strong> <strong>600</strong> 20,21<br />

47


48<br />

Bill of Lading<br />

Non-Negotiable Sea Waybill<br />

� Need not examine contents of Terms and Conditions of<br />

carriage<br />

� Must not indicate it is subject to a charter party (no<br />

mention of “vessel propelled by sail”)<br />

� Unloading from one vessel and reloading to another<br />

vessel during the carriage from port of loading to port of<br />

discharge - is transshipment<br />

� B/L may indicate goods will or may be transshipped<br />

provided entire carriage is covered by one and the<br />

same B/L<br />

� Even prohibited by the L/C, B/L indicating transshipment<br />

will or may take place is acceptable if goods have been<br />

shipped in a container, trailer or LASH barge<br />

� Disregard clauses in B/L carrier reserve the right to<br />

transship<br />

<strong>UCP</strong> <strong>600</strong> 20,21<br />

48


<strong>UCP</strong> <strong>600</strong> – Documents<br />

49<br />

Article 22 – Charter Party Bill of Lading<br />

� B/L containing indication that it is subject to a charter<br />

party<br />

� Signed by master, owner, charterer or named agent<br />

� If signed by master, or owner, or charterer, their<br />

names are not necessary<br />

Master, Owner or Charterer <strong>600</strong> ��<br />

� If signed by agent, need to specify for whom –master,<br />

owner or charterer - it is signed<br />

49


50<br />

Charter Party Bill of Lading<br />

� Agent signing for owner or charterer must indicate name<br />

of owner or charterer<br />

ABC Forwarders<br />

As Agent<br />

<strong>600</strong> ��<br />

For Owner, John Doe<br />

ABC Forwarders<br />

As Agent<br />

For Master<br />

ABC Forwarders<br />

As Agent<br />

<strong>600</strong> ��<br />

For Charterer,<br />

John Doe<br />

<strong>600</strong> ��<br />

<strong>UCP</strong> <strong>600</strong> 22<br />

50


51<br />

Charter Party Bill of Lading<br />

� Indicating goods have been shipped on board:<br />

� by pre-printed wording – issuance date is the<br />

date of shipment, or<br />

� by a dated on board notation – on board date<br />

is the date of shipment<br />

�� Port of discharge may be shown as a range of ports, or<br />

geographical area, as stated in L/C<br />

� e.g. L/C calls for shipment to Asian ports<br />

�If issued in more than one original, all originals are required<br />

� Need not examine charter party contracts<br />

� No mention that the B/L must not indicate vessel<br />

propelled by sail only<br />

<strong>UCP</strong> <strong>600</strong> 22<br />

51


<strong>UCP</strong> <strong>600</strong> – Documents<br />

52<br />

Article 23 – Air Transport Document<br />

� Must appear to indicate name of carrier<br />

� Signed by carrier or named agent<br />

� If signed by agent, need to indicate that agent has signed for or<br />

on behalf of carrier<br />

� Must indicate date of issuance, which will be deemed to<br />

be the date of shipment, unless���.<br />

� Specific notation of actual date of shipment, even not<br />

called for in the credit, will be deemed to be the date of<br />

shipment<br />

52


53<br />

Air Transport Document<br />

� Shipment date not determined by any other information<br />

re flight number and date (in box marked “for carrier’s<br />

use only)<br />

� Be the original for consignor or shipper, even if credit<br />

stipulates full set of originals<br />

� Need not examine Terms and Conditions of carriage<br />

�� Unloading from one aircraft and reloading to another<br />

aircraft during the carriage from the airport of loading to<br />

the airport of destination – is transshipment<br />

� Even L/C prohibits transshipment, air transport<br />

document indicating goods will or may be transshipped<br />

is acceptable, provided entire carriage is covered by<br />

one and the same air transport document<br />

<strong>UCP</strong> <strong>600</strong> 23<br />

53


<strong>UCP</strong> <strong>600</strong> – Documents<br />

54<br />

Article 24 – Road, Rail or Inland Waterway<br />

Transport Documents<br />

� Must appear to indicate name of carrier<br />

� Signed by carrier or named agent<br />

� If signed by agent, need to indicate that agent has signed<br />

for or acted for or on behalf of carrier<br />

�� Must indicate date of issuance or date goods have been<br />

received for shipment, dispatch or carriage, which is the<br />

date of shipment, unless the transport document contains a<br />

dated reception stamp, an indication of date of receipt or a<br />

date of shipment<br />

� Indicate place of shipment and place of destination as per<br />

L/C<br />

� In the absence of indication as to the number of originals<br />

issued, the number presented deemed to be the full set<br />

54


55<br />

Road, Rail or Inland Waterway Transport Documents <strong>UCP</strong> <strong>600</strong> 24<br />

� Unloading from one means of conveyance and reloading to<br />

another means of conveyance, within the same mode of<br />

transport, during the carriage from the place of shipment,<br />

dispatch or carriage to the place of destination –<br />

is transshipment<br />

� Transport document may indicate goods will or may be<br />

transshipped provided entire carriage is covered by one<br />

and the same transport document<br />

� Even prohibited by the L/C, transport document indicating<br />

transshipment will or may take place is acceptable<br />

55


56<br />

Road, Rail or Inland Waterway Transport Documents <strong>UCP</strong> <strong>600</strong> 24<br />

� For rail transport document:<br />

� If it does not identify the carrier, any signature or stamp<br />

of railway company is accepted as being signed by the<br />

carrier<br />

� Transport document marked “duplicate” is accepted as<br />

an original<br />

�� Transport document will be accepted as original whether<br />

marked as an original or not (also applicable to inland<br />

waterway transport)<br />

� Road transport document marked for consignor or shipper<br />

or bear no marking for whom the document has been<br />

prepared – is the original<br />

56


<strong>UCP</strong> <strong>600</strong> – Documents<br />

57<br />

Article 25 – Courier Receipt, Post Receipt or<br />

Certificate of Posting<br />

� Courier receipt must appear to:<br />

� Indicate the name of courier service, and be stamped<br />

or signed by the named courier service at the place<br />

the goods are to be shipped<br />

�� Indicate a date of pick-up or receipt, which will be<br />

deemed to be the date of shipment<br />

� Requirement that courier charges to be paid or prepaid<br />

is satisfied by the courier receipt evidencing courier<br />

charges are for account of a party other than the<br />

consignee<br />

� Post receipt of certificate of posting, must appear to be<br />

stamped or signed and dated at the place the goods are to<br />

be shipped. This date will be deemed to be the date of<br />

shipment<br />

57


<strong>UCP</strong> <strong>600</strong> – Documents<br />

58<br />

Article 26 – “On Deck”, “Shipper’s Load and Count”, “Said by<br />

Shipper to Contain” and Charges Additional to Freight<br />

� Transport document indicating goods are or will be loaded<br />

on deck not acceptable<br />

�� Transport document indicating goods may be loaded<br />

on deck is acceptable<br />

� “Shipper’s Load and Count” and “said by shipper to contain”<br />

is acceptable<br />

� Transport document bearing reference to charges additional<br />

to freight is acceptable<br />

58


<strong>UCP</strong> <strong>600</strong> – Documents<br />

59<br />

Article 27 – Clean Transport Document<br />

� Clean transport is one bearing no clause or notation expressly<br />

declaring a defective condition of goods or their packaging<br />

� The word “clean” need not appear on a transport document,<br />

even credit requires “clean on board”<br />

59


<strong>UCP</strong> <strong>600</strong> – Documents<br />

60<br />

Article 28 – Insurance Document and Coverage)<br />

� Insurance document – Insurance policy, insurance certificate or<br />

declaration under open cover<br />

� Issued and signed by insurance company, underwriter or their<br />

agents or their proxies<br />

�� Signature by agent or proxy indicated as being for or on behalf of<br />

insurance company or underwriter<br />

ABC Insurance Co. Ltd.<br />

Agent for<br />

ABC Insurance Co. Ltd.<br />

By proxy for<br />

ABC Insurance Co. Ltd.<br />

60


61<br />

Insurance Document and Coverage <strong>UCP</strong> <strong>600</strong> 28<br />

� All originals must be presented, if the document indicates that more<br />

than one original has been issued<br />

� Cover Note not acceptable<br />

� Insurance policy is acceptable in lieu of insurance certificate or<br />

declaration under open cover<br />

� Issued no later than shipment date, or it appears from the<br />

document that cover is effective from a date no later than shipment<br />

date<br />

Insurance Policy<br />

Policy<br />

Effective Date<br />

Effective Date<br />

1 AUG <strong>2007</strong><br />

1 AUG <strong>2007</strong><br />

Issued on 8 AUG <strong>2007</strong><br />

Issued on 8 AUG <strong>2007</strong><br />

Bill of Lading<br />

Lading<br />

Shipped On Board<br />

Shipped On Board<br />

1 AUG <strong>2007</strong><br />

1 AUG <strong>2007</strong><br />

Issued on 1 AUG <strong>2007</strong><br />

Issued on 1 AUG <strong>2007</strong><br />

61


62<br />

Insurance Document and Coverage <strong>UCP</strong> <strong>600</strong> 28<br />

� Insurance coverage expressed in the L/C as percentage of<br />

goods/invoice value (e.g. 110% of CIF value) is deemed to be<br />

minimum coverage required<br />

L/C: Insurance required for<br />

110% of invoice value<br />

Min. coverage<br />

required<br />

Invoice: Total CIF value<br />

US$100,000<br />

Insurance Policy:<br />

Insured amount US$110,000<br />

Insured amount US$120,000<br />

Acceptable<br />

120 %<br />

62


63<br />

Insurance Document and Coverage<br />

� Min. 110% of CIF or CIP value, if L/C does not indicate insurance<br />

coverage required<br />

� If CIF or CIP value cannot be determined from documents – take<br />

the greater of the following:<br />

� Amount for which honour or negotiation is requested; or<br />

�� Gross invoice value of the goods<br />

� Risks covered at least :<br />

Place of taking in charge or<br />

shipment<br />

� as stated in the L/C<br />

Place of discharge or final<br />

destination<br />

<strong>UCP</strong> <strong>600</strong> 28<br />

63


64<br />

Insurance Document and Coverage<br />

� L/C should state type of insurance required and additional risks to<br />

be covered<br />

� If L/C uses imprecise terms such as “usual risks” or “customary<br />

risks”, bank will accept insurance document without regard to any<br />

risks not covered<br />

� If L/C requires insurance against “all risks”, bank will accept<br />

insurance document containing any “all risks” notation or clause,<br />

without regard to any risks stated to be excluded<br />

� Insurance document may :<br />

� Contain reference to any exclusion clause<br />

� Indicate that cover is subject to franchise or excess (deductible)<br />

<strong>UCP</strong> <strong>600</strong> 28<br />

64


<strong>UCP</strong> <strong>600</strong> – Miscellaneous Provisions<br />

65<br />

Article 29 – Extension of Expiry Date or Last Day for Presentation<br />

� Expiry date or last day for presentation falls on a day the bank is<br />

closed for reasons other than “Force Majeure”, it will be extended<br />

to the first following banking day<br />

�� Nominated bank must provide the issuing bank or confirming<br />

bank with a statement that presentation was made within the time<br />

limits extended<br />

� Latest date for shipment will not be extended<br />

65


<strong>UCP</strong> <strong>600</strong> – Miscellaneous Provisions<br />

66<br />

Article 30 – Tolerance in <strong>Credit</strong> Amount, Quantity and Unit Prices<br />

� Words “about” or “approximately” used in conjunction with credit<br />

amount, quantity or unit prices, are to be construed as allowing<br />

a tolerance not to exceed 10% more or 10% less<br />

�� Quantity not in terms of stipulated number of packing units or<br />

individual items has a tolerance not to exceed 5% more or 5% less,<br />

providing credit amount is not over drawn<br />

� Even when partial shipment is not allowed, a tolerance not to exceed<br />

5% less than the credit amount is allowed, provided the quantity<br />

is shipped in full and that any unit price is not reduced.<br />

66


<strong>UCP</strong> <strong>600</strong> – Miscellaneous Provisions<br />

67<br />

Article 31 – Partial Drawings or Shipments<br />

� Partial drawings or shipments are allowed<br />

� Presentation of multiple sets of transport docs evidencing<br />

shipment on the same means of conveyance (e.g. vessel, aircraft)<br />

from different ports/places on different dates and for the same<br />

journey to the same destination – not partial shipment<br />

Port A<br />

Port B<br />

B/L “A” AUG 1<br />

Port C<br />

B/L “B” AUG 7<br />

B/L “C” AUG 9<br />

• Same vessel and voyage<br />

• Same destination<br />

Port D<br />

A B C = L/C quantity<br />

� Take latest of the shipment dates as date of shipment (Aug 9 in<br />

the above example)<br />

67


68<br />

NEW<br />

Partial Drawings or Shipments<br />

� Presentation of multiple sets of transport docs evidencing shipment on<br />

more than one means of conveyance within the same mode of<br />

transport (e.g. shipment by truck) will be regarded as partial shipment,<br />

even if shipped on the same day for the same destination<br />

Truck A<br />

Truck B<br />

Truck C<br />

AUG 1<br />

AUG 1<br />

AUG 1<br />

<strong>UCP</strong> <strong>600</strong> 31<br />

Partial Shipment<br />

Destination<br />

D<br />

A B C = L/C quantity<br />

� Multiple courier receipts not regarded as partial shipment, if<br />

stamped/signed by same courier at same place & date and for same<br />

destination<br />

68


<strong>UCP</strong> <strong>600</strong> – Miscellaneous Provisions<br />

69<br />

Article 32 – Installment Drawings or Shipments<br />

� Any installment not drawn or shipped, credit ceases<br />

to be available<br />

Article 33 – Hours of Presentation<br />

� Banks have no obligation to accept presentation outside<br />

of its banking hours<br />

69


<strong>UCP</strong> <strong>600</strong> – Disclaimers<br />

70<br />

Article 34 – Disclaimer on Effectiveness of Documents<br />

� Banks are not liable or responsible for any fraudulent<br />

documents or the accuracy and representation of any documents.<br />

70


<strong>UCP</strong> <strong>600</strong> – Disclaimers<br />

71<br />

Article 35 – Disclaimer on Transmission and Translation<br />

� When act in accordance with instruction or on own initiative,<br />

banks are not liable or responsible for any loss in transit,<br />

mutilation or other errors arising in the transmission of any<br />

messages or delivery of letters or documents<br />

�� Complying documents lost in transit, between:<br />

� Nominated bank and issuing/confirming bank, or<br />

� Confirming bank and issuing bank<br />

Issuing/confirming bank must honour or negotiate, or reimburse<br />

� Banks are not obligated to translate and may transmit credit<br />

terms without translating them<br />

71


<strong>UCP</strong> <strong>600</strong> – Disclaimers<br />

72<br />

Article 36 – Force Majeure<br />

� Bank will not honor or negotiate under a credit that expired<br />

during interruption of its business, which is not under<br />

it’s control<br />

72


<strong>UCP</strong> <strong>600</strong> – Disclaimers<br />

73<br />

Article 37 – Disclaimer for Acts of an Instructed Party<br />

� Issuing bank or advising bank not liable or responsible for<br />

instructions not carried by another bank<br />

� Bank instructing another bank to perform services is liable<br />

for that bank’s charges<br />

� Issuing bank is liable for charges that cannot be collected<br />

or deducted from the proceeds<br />

� Applicant is bound by and liable to indemnify a bank against<br />

all obligations and responsibilities imposed by foreign<br />

laws and usages<br />

73


74<br />

Disclaimer for Acts of an Instructed Party<br />

� L/C or amendment should not stipulate that advising to beneficiary is<br />

conditional upon the receipt by advising bank or second advising bank<br />

of its charges<br />

Unacceptable clause:<br />

Notwithstanding sub sub-article article 37c, the advising<br />

bank must collect their advising fee prior to<br />

advising the credit to the beneficiary<br />

<strong>UCP</strong> <strong>600</strong> 37<br />

74


<strong>UCP</strong> <strong>600</strong> – Transferable LC & Assignment of Proceeds<br />

75<br />

Article 38 – Transferable <strong>Credit</strong>s<br />

� Transferable credit – An L/C may be made available by the<br />

transferring bank to a second beneficiary<br />

Applicant<br />

Issuing<br />

Bank<br />

First<br />

Beneficiar Beneficiary<br />

Transferring<br />

Bank<br />

Second<br />

Beneficiary<br />

1 2 3 4<br />

1. L/C application<br />

2. Transferable credit<br />

3. Request for transfer<br />

4. Transferred credit –<br />

(May be the<br />

Issuing Bank)<br />

(<strong>Credit</strong> <strong>Credit</strong> has been made available<br />

to a second beneficiary)<br />

75


76<br />

Transferable <strong>Credit</strong>s<br />

� Transferred credit must accurately reflect the terms and conditions of<br />

the credit, including confirmation �<br />

� Second beneficiary’s documents may be sent to issuing bank if first<br />

beneficiary fails, on first demand, to:<br />

�� Present its invoice (and draft, if any), or<br />

� Rectify discrepancies in its invoice (where such discrepancies<br />

did not exist in second bene’s invoice)<br />

<strong>UCP</strong> <strong>600</strong> 38<br />

76


77<br />

Transferable <strong>Credit</strong>s<br />

� 38 (k): Second beneficiary’s documents must be presented to<br />

transferring bank<br />

B<br />

C<br />

Second beneficiary’s documents<br />

First beneficiary’s draft & invoice<br />

Documents after substitution<br />

A<br />

<strong>UCP</strong> <strong>600</strong> 38<br />

77


78<br />

Transferable <strong>Credit</strong>s<br />

� 38 (k): Second beneficiary’s documents must be presented to<br />

transferring bank<br />

� However, in case of Full Transfer, documents may be presented<br />

directly to issuing bank<br />

� Therefore the Transferred <strong>Credit</strong> should expressly exclude subarticle<br />

38 (k)<br />

Full Transfer<br />

(No substitution)<br />

<strong>UCP</strong> <strong>600</strong> 38<br />

78


79<br />

Transferable <strong>Credit</strong>s<br />

� Bank not obligated to effect transfer<br />

� All charges relating to the transfer are for the account of first<br />

beneficiary<br />

� If L/C allows partial drawings or shipments, it can be transferred in<br />

part to more than one second beneficiary<br />

� Transferred L/C cannot be transferred to any subsequent beneficiary<br />

� Must determine the handling of subsequent amendments<br />

� Rejection of an amendment by one or more second beneficiary does<br />

not invalidate the acceptance by any other second beneficiary<br />

� Allowable changes:<br />

- credit amount - unit price - expiry date - period for presentation<br />

- latest shipment date - percentage of insurance coverage<br />

First beneficiary’s name may be substituted for that of the applicant<br />

� Honour or negotiation of transferred L/C may be in the second<br />

beneficiary’s country<br />

<strong>UCP</strong> <strong>600</strong> 38<br />

79


<strong>UCP</strong> <strong>600</strong> – Transferable LC & Assignment of Proceeds<br />

80<br />

Article 39 – Assignment of Proceeds<br />

� Assignment of proceeds under the credit only.<br />

Not an assignment of right to perform under the credit.<br />

80


81<br />

THANK<br />

YOU<br />

81

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