Hai Van Pass, Da Nang, Vietnam QUESTION Dear Mr. Old Man, The covering schedule shows 3/3 original bills of lading but the issuing bank finds only 2 original bills of lading presented. Can the issuing bank raise the discrepancy “2 instead of 3 original bills of lading presented”? Can the presenter reject the discrepancy based on Article 35? Your prompt …

QUESTION Dear Mr. Old Man, You are so grateful when sharing your precious knowledge. Please kindly help us to clarify the presentation period of copies of transport documents. ISBP 745 notes that copies of transport not subject to 21 calendar days or any presentation period stated in the LC, unless the credit explicitly states the basis for determining such presentation …

QUESTION Dear Mr.  Old Man, Please kindly help us for two cases: Invoice issued by beneficiary A and shows the invoice no. HANB dated 11/06/2016 C/O issued Commerce Chamber, shows the shipper/consignor B and invoice no. HANP dated 11/06/2016. Invoice issued by beneficiary A and shows the invoice no. HANB dated 11/06/2016 C/O which issued Commerce Chamber does not show …

QUESTION Dear Mr. Old Man! Our company is going to open an LC but the exporter requires the LC to allow T.T.R. Though we have done some business with this exporter at FOB terms, we fear that with this clause the negotiating bank may collude with the exporter to claim reimbursement by swift message before shipment is made. Though the …

(Quoted from DCPro Discussion Forum 27 – 30 June, 2016) QUESTION Hi Beneficiary presented docs to us despite LC is restricted to another bank. We, acting as a presenting bank, sent the docs to issuing bank which was considered as clean and received the acceptance advice from issuing bank. Can we understand that this acceptance advice override the restriction terms …

Ride if you like! QUESTION Dear Mr. Old Man, I need your opinion regarding outward collection D/P. At the request of the principal/drawer we sent a set of documents under D/P to Bank X Branch 001, Long Street Country Y by courier service. Since receiving no payment, we contacted Bank X to check on the status of the documents was …

(Quoted from DCPro Discussion Forum, 14 – 17 June, 2016) A street in Hoi An Ancient Town, Vietnam QUESTION If the beneficiary’s demand is presented to the issuing bank at 10.00 AM on 14 June (under a guanartee issued subject to local law/not any ICC rules) does the issuing bank is obligated to make payment on the same day? If …

Da Nang, Vietnam QUESTION Dear Mr. Old Man, Could you please share your idea as to the below context? UCP 600 Article 20 states that: 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” or lash barge as evidenced …

QUESTION Hi Mr. Old Man, We have an enquiry as follows: LC available for negotiation calls for Beneficiary’s Certificate certifying that a set of copied document has been sent to applicant… When we presented the documents including drafts to the negotiating bank for negotiation. The negotiating bank raised the discrepancy “Draft dated later than Beneficiary’s Certificate”. We did not agree …

QUESTION With reference to the refusal I have a question. X Bank received  documents from Y Bank under LC issued by them. The documents are complied as per the terms of the Letter of credit . Before the due date the applicant brings a court order instructing the X Bank not to pay under the LC . Based on the …