CONSIGNEE ON DOCUMENTS OTHER THAN CERTIFICATE OF ORIGIN (updated with ISBP 821)

QUESTION

Dear Mr. Old Man!

It is understood that where a bill of lading is made out to the order of the issuing bank, the certificate of origin may indicate the L/C applicant as consignee. I wonder whether this is also applicable to other documents like insurance policy, invoice, packing list…

Thank you.

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ANSWER

Hi,

According to ISBP 821 para L5, Consignee information, when shown, is not to conflict with the consignee information in the transport document. However, when an LC requires a transport document to be issued “to order”, “to the order of shipper”, “to order of issuing bank”, “to order of nominated bank (or negotiating bank)” or “consigned to issuing bank”, a certificate of origin may show the consignee as any entity named in the LC except the beneficiary. When an LC has been transferred, the first beneficiary may be stated to be the consignee.

This principle equally applies to documents other than certificate of origin.  Please see ICC opinion R699/TA607 quoted below:

QUOTE

In any event, whilst the practice highlighted in paragraph 199 (now paragraph 184) (*) of ISBP concerning the construction of the consignee (or similar) fields on a certificate of origin when such transport document is issued “to order” or “to order of [named issuing bank]” is included under the heading “Certificate of Origin”, the principle equally applies to other documents on which there is consignee information completed. There is no discrepancy.

UNQUOTE

Best regards,

Mr. Old Man

(*) Para. 184 was changed into Para. 199 (ISBP 645), then Para.  L5 in ISBP 745 and ISBP 821