CHECKING OF COPIES OF DOCUMENTS

QUERY

From: Cuong Nguyen Thi Kim (SaiGon)
To: Nguyen Huu Duc (DNG)
Subject: Copy of Docs

Dear Mr Old Man,

TA582Rev – Unpublished has a detail says that: Article 23 UCP500 (Article 20 UCP600) clearly draws the conclusion that the establishment of the date of shipment and requirement for an original bill(s) of lading is linked

It means Art.23 UCP500 (or Art.20 UPC600) just is applicable for original Bill of Lading? If the L/C requires presenting copy of Bill of Lading, how could we check it? And on board date on copy Bill of Lading is considered shipment date?

In my opinion,
 In case of copies of docs which are mentioned in UCP: be checked as original docs as UCP stated (for example, we check content copy of B/L as the original B/L as Art.23 UCP500 (or Art.20 UCP600); and copy of C/O must be dated and certify Origin of commodity ….)
 In case of copies of docs which are not mentioned in UCP: be checked as L/C stipulated

Would you please give me some comments about my trouble!

Many thanks for your support,

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COMMENT

From: Nguyen Huu Duc (DNG)
To: Cuong Nguyen Thi Kim (SaiGon)
Subject: RE: Copy of Docs

Hi,

It is quite uncommon to have an L/C issued allowing for the presentation of a copy of the bill of lading rather than the full set of originals or a specified number of that full set.

UCP 600 Article 14 (c) says: “A presentation including one or more original transport documents subject to articles 19, 20, 21, 22, 23, 24 or 25 must be made by or on behalf of the beneficiary not later than 21 calendar days after the date of shipment as described in these rules, but in any event not later than the expiry date of the credit”.

A copy of the bill of lading is a copy, which is not original and cannot be considered a transport document. The presentation period mentioned in Article 14 (c) refers only to transport documents. Therefore, the shipment date shown on the copy of the bill of lading cannot be used to determine if the documents presented within the specified period unless the L/C expressly states in field 48 that the documents must be presented within xx days after the date of shipment as evidenced on the copy of the bill of lading.

Perhaps, you may argue that a copy of an original bill of lading is, in fact, a “mirror” image of an original bill of lading, hence, it should be checked as the original.

No. Technically, the content of a copy of the bill of lading can be easily altered or changed. Therefore, if a copy of the bill of lading were accepted in lieu of an original bill of lading, a dishonest beneficiary could abuse this gap to comply with the L/C requirement.

Best regards,
Mr. Old Man (Nguyen Huu Duc)

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From: Cuong Nguyen Thi Kim (SaiGon)
To: Nguyen Huu Duc (DNG)
Subject: RE: Copy of Docs

Dear Mr. Old Man,

Thanks for your kindly support.

I could not agree with you any more about your explanations about copy of B/L. But I would like to ask you about copy of another doc, for example, Insurance, Invoice, C/O…. Could I apply Art.28, Art.18, and Paragraph of ISBP to check them?

Many thanks and have a nice weekend!

Cuong, Nguyen Thi Kim (Ms)

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From: Nguyen Huu Duc (DNG)
To: Cuong Nguyen Thi Kim (SaiGon)
Subject: RE: Copy of Docs

Hi,

(1) I do not understand what you mean by saying" I could not agree with you any more about your explanations about copy of B/L".

(2) In my opinion, copies of documents, if presented as per L/C requirement, should be checked if they are complying with the L/C terms and conditions and of course based on UCP and ISBP.

Let's assume that a copy of invoice is required to be presented. Will you accept a copy of the invoice presented showing data (beneficiary's name, description of goods, invoice amount …) different from that specified in the L/C? I believe your answer is "No".

Best regards,
Mr. Old Man

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From: Cuong Nguyen Thi Kim (SaiGon)
To: Nguyen Huu Duc (DNG)
Subject: RE: Copy of Docs

Dear Mr Old Man

I am very nice to be talked with you again 

(1) It means I totally agree with you
(2) I also agree with you about your checking opinion of copy documents, but my colleague says that no law is applicable for checking copy documents. I gave my all reasoning but she still remains her viewpoint. She is reasonless. But I could not find any proofs to evidence that I am right (for example rules, source…) while she based TA582REV to draw her conclusion. What’s an unsuitable compare!

Anyway, I have an ally 

Many thanks for you and nice a working day!

Cuong, Nguyen Thi Kim (Ms) …