QUERY FROM QUANG THUAN
LC requires a beneficiary's certificate certifying that all documents have been sent to the applicant within 10 days after shipment date. No courier receipt or fax report is required for negotiation. Shipment date: 02/10/2007; Beneficiary presented on 15/10/2007.
Must the beneficiary's certificate be dated in accordance with "within 10 days after shipment date"?
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COMMENT
No. It is not necessary provided that the beneficiary's certificate, by its content, indicates that all the documents have been sent to the applicant within 10 days after shipment date.
Also, please bear in mind that documents must not indicate that they were issued after the date they are presented.
It is true that UCP does not have any concrete provisions on the question. But in order to further understand the matter, , . Thanks for your question.
Best regards,
Mr. Old Man
Hoang Duy
September 11, 2019 at 8:42 am
Dear Mr. Old Man,
I have a concern relating one case of Beneficiary date, details as below:
+ B/L date (for both On board date and issuing date): 15/08/2019
+ Beneficiary certificate date: 14/08/2019
Beneficiary certificate shows that : Beneficiary certifies that one non-negotiable document has been sent directly to applicant by courier service within 7 working date after shipment date”
Is the beneficiary certificate discrepant since it’s date is prior B/L issuing date, therefore, the beneficiary could not send B/L at the date they certify above content ? Could you provide any ICC opinion relating this case ?
Hope to hear your valuable opinion from you !
Thanks and best regards !
Mr Old Man
September 12, 2019 at 2:12 am
This case is different from the case in the above Q&A.
There have been divided opinions. Some say there is no discrepancy as UCP allows a document to be dated prior to the LC date.
In my opinion it is a discrepancy. Sorry I quit subscribing ICC opinions, hence, cannot provide you with related ICC opinions
Hoang Duy
September 12, 2019 at 3:16 am
Dear Mr Old Man,
Thanks for your valuable opinion, it it is so useful to me.
Mr Old Man
November 6, 2019 at 2:57 am
Thank you for your high appreciation!