Does a Longer L/C Expiry Date Mean Greater Risk? And Is the Word “Clean” Really Necessary on a Bill of Lading? In international trade, many disputes arise not because parties misunderstand UCP 600, but because they mix up legal requirements with commercial practices. A reader recently asked Mr. Old Man about two common concerns in timber imports from Africa: whether the L/C expiry date must be linked to the shipping transit time, and whether removing the word “Clean” from “Clean On … Read More
Does Field 39A Cover Quantity Tolerance? A reader recently sent Mr. Old Man an interesting question about quantity tolerance under an L/C. The issue sounds simple at first glance, but in practice it often creates confusion between sales contract terms, the wording of the credit, and the application of UCP 600 Article 30. Here is the question and discussion. Question Dear Mr. Old Man, I would … Read More
CAN A COMMERCIAL INVOICE EXCEED THE LC AMOUNT? One area that occasionally causes confusion under UCP 600 is the relationship between Article 18(b) and Article 30(a). Many practitioners assume that a commercial invoice may exceed the LC amount only where the credit expressly allows a tolerance, or where the words “about” or “approximately” are used in connection with the credit amount under Article 30(a). However, Article 18(b) provides … Read More
CFR TERM, CHARTER PARTY BILLS OF LADING, AND FREIGHT NOTATIONS: DOES “FREIGHT PAYABLE” CREATE A PROBLEM? Lading (CPBL), and freight notations on the bill of lading. If a credit is issued under CFR terms, should the bill of lading necessarily indicate “Freight Prepaid”? And if the LC instead requires “Freight Payable as per Charter Party”, would that create a discrepancy or inconsistency with the stated Incoterm? This Q&A discusses the difference between documentary compliance under UCP … Read More
HOW TO IDENTIFY A FIRM THAT MAY NEED TRADE FINANCE PRODUCTS? A reader recently sent Mr. Old Man an interesting question about trade finance and financial statements. It sounds simple at first… but the topic can actually become quite broad if discussed in detail Here is a short and practical answer. Question Dear Mr. Old Man, This may be a genuine question, but would you kindly explain how to determine whether … Read More
When Article 35 Meets Modern Trade Finance Operations In the old days, documents were usually dispatched by the nominated bank itself. But today, some banks allow customers or overseas units to access trade finance systems, print the covering schedule, and send documents directly to the issuing bank. So what happens if the documents are lost in transit? Does UCP 600 article 35 still protect the nominated bank? An … Read More
WHEN A REFUSAL NOTICE BACKFIRES INTRODUCTION In documentary credit practice, issuing banks sometimes issue discrepancy notices too quickly, only to later realize that the alleged discrepancies are not valid under UCP 600 or ISBP. But what happens if the applicant has already relied on that first refusal notice and now refuses to reimburse the issuing bank after the bank changes its mind and decides the … Read More
MANG QUÁ 5.000 USD CÓ THỂ BỊ PHẠT… NHƯNG THỜI NAY AI CÒN XÁCH VALI TIỀN? Mấy hôm nay có thông tin từ 1/7, người xuất nhập cảnh mang ngoại tệ tiền mặt vượt mức quy định mà không khai báo hoặc khai không đúng có thể bị phạt tới 50 triệu đồng. Đọc xong thấy nhiều người phản ứng khá thú vị: “Ủa, thời nay ai còn xách vali tiền mặt đi nước ngoài nữa?” … Read More
Confirmer under ISP98 vs. Confirming Bank under UCP 600 Standby practitioners who move from the world of commercial documentary credits into standby credits governed by ISP98 often encounter an interesting question: Does a “confirmer” under ISP98 operate the same way as a “confirming bank” under UCP 600? At first glance, the concepts appear almost identical. However, Rule 1.11(c)(i) of ISP98 sometimes creates confusion because it states that a confirmer … Read More
Does “Country of Exportation” Mean the Same as “Exporting Country”? In documentary credit practice, a few words in an LC can create major compliance issues — especially in triangular trade transactions where the beneficiary, supplier, and shipment origin are all located in different countries. One such phrase is: “Certificate of Origin issued by the Chamber of Commerce of the country of exportation.” At first glance, this may sound straightforward. But … Read More