Intro A simple typing error can sometimes lead to an unnecessary dispute in documentary credit operations. But can an incorrectly dated covering schedule justify a late-presentation discrepancy when the documents were actually presented within the stipulated time limit? In this case, the issuing bank refused to withdraw the discrepancy and intended to deduct a discrepancy fee from the proceeds of …

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 …

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 …

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 …

  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 …

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 …

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 …

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 …

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 …

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 …