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
Double Confirmation: Possible, but Is It Practical? Intro Every now and then, Mr. Old Man receives a question that looks simple at first glance but becomes rather complicated once you bring UCP 600, two confirming banks, and two places of expiry into the picture. Here is a recent question from Firas about whether an LC can be structured with two confirming banks and two places of expiry, … Read More
Clarification on “On Board AWB” and “Inland Transit Limit” Introduction Two seemingly simple questions can sometimes hide an important documentary point: what exactly does the wording of the credit or document require us to establish? In the first question, the issue is whether an “ON BOARD AWB” must evidence the actual flight date. In the second, it is whether an amount shown as an “Inland Transit Limit” can … Read More
Certificate of Analysis vs. Certificate of Quantity and Quality: Is It a Discrepancy? Introduction In documentary credit examination, a question may arise when the credit requires a specific type of certificate, but the presented document bears a different title. For example, the credit requires a “Certificate of Quantity and Quality”, while the presented document is titled “Certificate of Analysis”. At first sight, the two titles do not appear to be similar. Does the … Read More