QUESTION
Dear Mr. Old Man,
Please kindly help us for two cases:
- Invoice issued by beneficiary A and shows the invoice no. HANB dated 11/06/2016
C/O issued Commerce Chamber, shows the shipper/consignor B and invoice no. HANP dated 11/06/2016. - Invoice issued by beneficiary A and shows the invoice no. HANB dated 11/06/2016
C/O which issued Commerce Chamber does not show any invoice no and date. (The column invoice no and date is none of data)
Refer to ISBP 745 L8, the case 1 will be acceptable. However, the C/O in this case is clearly wrongly indicated and our customer also say that the C/O with incorrect invoice no. can not be used. For many previous cases, we raised discrepancies and no any claims from negotiating bank. Therefore, please kindly help us for this case.
And the second case is there any requirements for C/O showing invoice no.?
Thank you so much for your help.
Thanks & Best regards
———–
ANSWER
Hi,
- I agree that the invoice in Case 1 is acceptable. The invoice may indicate the consignor/shipper other than the beneficiary. The fact that the certificate of origin indicates invoice no. HANP dated 11/06/2016 instead of invoice no. HANB dated 11/06/2016 should be treated as a typing error.
- ISBP para. L8 just states a certificate of origin may indicate a different invoice number, invoice date and shipment routing to that indicated on one or more other stipulated documents provided the exporter or consignor shown on the certificate of origin is not the beneficiary. It does not say clearly that a certificate of origin must indicate invoice number and date.
What’s more? ISBP para. L4 also just states a certificate of origin is to appear to relate to the invoiced goods, for example, by: (a) a goods description that corresponds to that in the credit or a description shown in general terms not in conflict with the goods description in the credit; or (b) referring to a goods description appearing in another stipulated document or in a document that is attached to, and forming an integral part of, the certificate of origin.
Based on the above, I may say that provided the certificate of origin appears to relate to the invoiced goods in a manner described in ISBP para. L4, there is no requirement that invoice number must be indicated on the certificate of origin. So, you cannot raise the discrepancy “C/O not indicating invoice number”.
I wonder if some countries’ customs authorities would accept certificates of origin without indicating invoice number and date in the pre-printed box. Actually, I also come across certificates of origin without a box or space for invoice number and date.
Kind regards,
Mr. Old Man
Naima
March 30, 2017 at 2:52 pm
Good day Mr. Old Man,,
I hope that you are well.
Please , i submitted one L/C with all the requirements to the Confirming Bank which is also the advising bank.
But the confirming Bank raised one discrepancy for the following :
Attached Invoice to Certificate of Origin not presented .
This Invoice is the same one as requested in the L/C .
In the Certificate of Origin Presented there is the Invoice Number and date which are the same as the Invoice requested in the L/C but the bank did not accept that for the reason that in the bottom of the certificate of Origin document there is a note
‘ as per the attached invoice ‘.
I did not accept the discrepancy and i instructed to them to send the documents to the issuing bank as clean documents and the issuing bank accepted the documents without mentioning any discrepancy .
Please i want to know your advice on that , is this discrepancy valid .
The Invoice required by the L/C is to be certified by the local chamber of commerce so this is the document ( invoice ) that from it the Local Chamber of commerce issued the Certificate Of Origin where it is mentioned clearly the number of the invoice (already submitted as required by the L/C) and date .
Please how it can be that a confirming bank is raising discrepancy for that and how the issuing bank is accepting .
Thank you
mroldman
April 3, 2017 at 2:13 pm
In my opinion, the confirming bank should not raise such a discrepancy. Anyway, the confirming bank can refer to the invoice presented in the same set of documents.
Naima
April 3, 2017 at 5:01 pm
Hi,
Thank you , i have sent to the confirming banks the following:
As per the ISBP Paragraphs A24 and A25 :
How standard practice should apply when documents are presented with multiples pages , attachments or riders,
Article 24 : When a document consists of more than one page , it must be possible to determine that the pages are part of the same document.unless a document provides otherwise, pages which are physically bound together , sequentially numbered or contain internal cross references , however named or titled , will meet this requirement and are to be examined as one document , even if some of the pages are regarded as an attachment or rider.
UCP 600 : Article 14 d:
Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.
Any way the L/C accepted and we got the payment.
Thank you
Naima
January 9, 2018 at 7:59 am
Good Day Mr. Old Man,,
First Congratulations for the new website , it is very nice and we are happy for that.
Please i have one question regarding the Commercial Invoice and the Certificate of Origin.
The Certificate of Origin is done and certified according to the invoice means without the invoice any chamber of commerce cannot certify the certificate of origin.
Now my question , if the L/C is asking that the Certificate of Origin must state the name and address of the manufacturer and country of origin of the goods but for the invoice the L/C is asking only that it has to be certified by the chamber of commerce without asking the full name and address of the manufacturer .
So Is the invoice must be same as the Certificate of Origin or must be as the L/C is asking
UCP 600 Article 14 :(d. Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.
Please can you comment
Thank you in advance
Mr Old Man
January 9, 2018 at 1:09 pm
Hi,
The description of the goods, services or performance shown on the invoice is to correspond with the description shown in the LC. There is no need for the invoice to include details required to be shown on other documents including certificate of origin.
In you case, the L/C requires the certificate of origin (not invoice) to state the name and address of the manufacturer, hence, the fact that the invoice does not state the name and address of the manufacturer does not make it discrepant.
I don’t think sub-article 14 (d) UCP 600 is applicable to the case in question.
Kind regards,
Mr. Old Man
Naima Dakki
January 10, 2018 at 4:27 am
Good Day Mr. Old Man,,
Thank you very much