An Unaccepted L/C Amendment: Can the Bank Refuse the Documents? A Question Worth Discussing An amendment changes the applicant’s address, but the bill of lading still shows the original address as required by the original L/C. The confirming bank refuses the documents, citing UCP 600 sub-article 14(j). Is the bank right, or has it overlooked a fundamental principle governing the acceptance of amendments? Arun Ambar raises an interesting question about … Read More
LC EXPIRES WHERE? ADVISING BANK, NOMINATED BANK OR ISSUING BANK? Introduction The place of expiry is sometimes confused with the country of the advising bank or the place where documents are presented. But are they necessarily the same? Jawad from Pakistan raises an interesting question. Question Dear Sir, I hope you are doing well. I have a question regarding the expiry place of an LC. We received an LC where … Read More
Can Article 18(b) Save an Invoice Exceeding the L/C Amount When Article 30(b) Applies? A Question Worth Discussing This is an interesting question from Ahtisham that made me stop and think about the interaction between UCP 600 Articles 18(b) and 30(b). At first glance, the two provisions seem to point in different directions. Article 30(b) permits a quantity tolerance of up to 5%, but expressly requires that the total amount of the drawings not … Read More
DOES AN L/C REQUIRE WORD-FOR-WORD COMPLIANCE? A certificate of origin says “produced in Vietnam” instead of “Vietnamese origin.” Is that a discrepancy? Over the years, I have come across many cases where a bank raises a discrepancy simply because the wording on a document is not identical to the wording of the L/C. But does compliance with an L/C mean copying its wording word for … Read More
360 DAYS OR 720 DAYS? THE ZIGZAG BETWEEN A WARRANTY GUARANTEE AND AN LC INTRO Here is an interesting question about a USD 9 million machinery import, involving a deferred payment LC and a Warranty Guarantee. At first glance, everything seems straightforward: USD 5.7 million is payable against shipping documents, while the remaining USD 300,000 is payable against a Warranty Guarantee and an Acceptance Certificate. But there is an interesting “zigzag” here: The Warranty … Read More
THE BENEFICIARY CERTIFIES THE VESSEL IS SEAWORTHY — REALLY? INTRO Here is an interesting question from Jawad in Pakistan about a Certificate of Seaworthiness under an LC. At first glance, the proposed wording looks harmless: “Beneficiary certificate certifying that the carrying vessel is seaworthy required.” But Mr. Old Man thinks there is a small problem here: The beneficiary may be selling the goods… but is he also a marine … Read More
Discrepant Documents, Bills of Lading and Return of Goods Introduction A discrepancy in an LC presentation can create some practical questions that go beyond the documents themselves—particularly when the B/L is made out to the order of the issuing bank. If the applicant refuses to waive the discrepancies, does the issuing bank have to endorse the B/L before returning the documents? And, perhaps more importantly, who is responsible for … Read More
CAN AN ISSUING BANK NOMINATE A NON-RMA BANK AS THE TRANSFERRING BANK? INTRO This is an interesting question concerning the relationship between the issuing bank, advising bank, transferring bank, and RMA. In particular, can an issuing bank authorize a bank that does not have an RMA relationship with it to act as the transferring bank when that bank is the beneficiary’s bank? The following example illustrates one possible arrangement. QUESTION Can an … Read More
Insurance Certificate Made Out to Order of Issuing Bank — Is Blank Endorsement Required? Intro Every now and then, a document-checking question looks like a discrepancy at first sight, but a closer look at the purpose of the document may tell a slightly different story. In this case, the LC requires the insurance certificate to be made out to order and blank endorsed, while the insurance certificate presented is made out to the order … Read More
Should the draft be drawn on the issuing bank or on the confirming bank? Should the draft be drawn on the issuing bank or on the confirming bank? Intro Seventeen years ago, my website, www.mroldman.net, shared the following Q&A from the DCPro Discussion Forum. The discussion was about a rather interesting question: under a confirmed LC available by negotiation with the confirming bank, should the draft be drawn on the issuing bank or on … Read More