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CERTIFICATE OF ORIGIN WITHOUT INDICATING INVOICE NUMBER

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QUESTION

Dear Mr.  Old Man,
Please kindly help us for two cases:

  1. 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.
  2. 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,

  1. 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.
  1. 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

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