Home Uncategorized CERTIFICATE OF ORIGIN (FORM D) ISSUED BY BENEFICIARY

CERTIFICATE OF ORIGIN (FORM D) ISSUED BY BENEFICIARY

3 min read
8
0
3,997

QUERY FROM HUB
Hub writes:

Dear Mr Old Man,

Fistly, I want to thank you so much for yr answer.
Secondly, I have some questions and also want to hear your idea if you have free time.

1. LC (issuing bank in Malaysia) required in field 46A: 3 Cert of Origin, and then, they amend: " PLS insert into field 46A: Cert of Origin form D".
Docs presented included cert of 1 origin form D. The issuing bank refuse our docs for discrepancies:" Cert of origin not presented". Then, I presented 3 Cert of origin adding to the previous docs. I also certify the docs presented within the presentation period and expiry of LC. In this case, does our docs comply?

2. And another question, If LC just required: 1 Cert of origin form D, does a Cert of Origin issued by Ben comply? Note that it not certified by chamber of commerce or other authorities and Ben also stated in this Cert of origin that is C/O form D ( in the tittle of C/O)

Thank you for you help!

——————-

ANSWER

Dear Hub,

1. In my opinion, if L/C is available with your bank or any bank, then your additional presentation constitutes a complying presentation.

2. According to OPERATIONAL CERTIFICATION PROCEDURES FOR THE RULES OF ORIGIN OF THE COMMON EFFECTIVE PREFERENTIAL TARIFF SCHEME FOR THE ASEAN FREE TRADE AREA, the C/O (Form D) shall be issued by the Government authority of the exporting Member State. However, in the described particular case, the L/C does not state who is to issue the certificate, hence, a C/O (Form D) issued by any party, including the beneficiary, is acceptable (see ISBP para 182).

Please note that banks are not obliged to know that C/O (Form D) must be issued the government authorities such as the chamber of commerce and industry.

However, if the case were brought to court, I am not sure that the judge would understand the same.

Best regards,
Mr. Old Man

Check Also

WHEN A BILL OF LADING MUST INDICATE ACTUAL PORT OF DISCHARGE

QUESTION Dear Sir, My letter of credit (LC) specifies the Port of Discharge as “BAHRAIN IN…