Sub-article 31(b) UCP 600 – And Why the Same Ship Can Have Multiple Sets of Transport Documents Intro Sub-article 31(b) of UCP 600 often puzzles practitioners. On the one hand, it explains when multiple transport documents are not to be treated as partial shipments; on the other, it raises the practical question: how can the same ship and the same voyage end up with more than one set of bills of lading? Let’s unpack both sides. QUESTION … Read More
One Order, Two Containers – How Many Document Sets? Sometimes, beneficiaries get tripped up when an LC calls for documents “per order” in some cases and “per container” in others. It raises the question: if two containers are shipped under one purchase order, does that mean two complete sets of documents are required? A reader recently wrote in with this exact dilemma. QUESTION Dear Old Man, We have met … Read More
Chinese Port? Hong Kong, Macao, or Kaohsiung? Intro Letters of credit sometimes use broad geographical terms like “any Chinese port.” That sounds simple, but in practice it raises tricky questions—especially when ports like Hong Kong, Macao, or Kaohsiung are involved. ICC has clarified part of this, but not everything. Here’s how to understand it from an LC practice perspective. QUESTION Dear Mr. Old Man, As far as … Read More
Do Confirming Banks Care About Third-Party References? Intro In trade finance, one of the most important principles under UCP 600 is that a credit is independent from the underlying contract of sale or any other agreement on which it may be based. Yet, in practice, many credits do contain references to external contracts. A reader recently asked whether such references affect a confirming bank’s willingness to add … Read More
Independent Undertakings under Sub-Article 7(c) UCP 600 Intro One area that often causes confusion in practice is the relationship between the issuing bank’s reimbursement obligation to a nominated bank and its payment obligation to the beneficiary. Sub-article 7(c) of UCP 600 deals with this precise point. A reader recently asked for clarification, and here’s how I explained it. QUESTION Dear Mr. Old Man, Please clarify sub-article 7(c) … Read More
Why Do Confirming Banks Prefer “Available with Confirming Bank”? Why do confirming banks so often require the LC to be available with them, even though UCP 600 allows confirmation when the LC is available with another nominated bank? In this Q&A, Mr. Old Man explains the practical reasons behind this practice and highlights a hidden risk for beneficiaries when the confirming bank is located outside their own country. … Read More
When “Open-Ended” Guarantees Aren’t So Open After All ICC Opinion TA 952 (still under discussion) raises an interesting issue: two open-ended guarantees issued in 2007, subject to URDG 458 and French law. The underlying obligations are confirmed as fulfilled, but the beneficiary no longer exists. The questions are whether URDG 758 has any effect and, more importantly, how such guarantees can be cancelled. This reminded me of a … Read More
Shipment Advice by Fax or Email – Does It Comply? Intro Banks often face questions where documents show multiple modes of communication—fax, email, courier—and applicants or beneficiaries wonder which one prevails. Priya brings us a classic case: LC requires Shipment Advice by email, but the document mentions fax as well. Let’s untangle this. QUESTION Dear Mr. Old Man, LC requires Shipment Advice to be sent via email to the insurance … Read More
Can an Invoice Include Handling Charges? Intro Invoices are always a hot spot in LC presentations. Readers often ask me whether certain “extras” on an invoice might cause problems under UCP 600. Recently, Priya sent me a good one: handling charges. Let’s see how this plays out. QUESTION Dear Mr. Old Man, I came across an invoice where the goods are kitchen equipment. The invoice gives … Read More
Can a Beneficiary Be the Charterer Under FOB? Intro FOB is one of the most familiar trade terms in Incoterms® 2020. By the book, it’s always the buyer who arranges and pays for the vessel. But trade practice often colors outside the lines. A reader recently asked whether it’s possible for the beneficiary (seller) to be the charterer under an FOB sale. Let’s unpack this scenario. _________ Question … Read More