Uncategorized CERTIFICATE OF ORIGIN (FORM D) ISSUED BY BENEFICIARY By Mr Old Man Posted on July 5, 2011 3 min read 8 0 3,992 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUERY FROM HUBHub 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
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?