QUERY FROM Hub
Dear Mr Old Man,
PLS answer my questions:
1. Related to ISBP 199 :"If LC requires a B/L to issued to order, to order of … or consigned to the issuing bank, the C/O may show APPL of the credit, or another party named THEREIN, as consignee." THEREIN, what does it mean? – that is who was stated in the credit or anyone?
2. And another question, I don't understand the word "HOWEVER NAME" in UCP 600, particularly Art 20 (a) A Bill of lading, however named….. What does it mean? IF on the face of the document, we determine and treat it as a B/L except the tittle " Charter party B/L". Can we apply Art 20(a) in this situation.
Thanks for yr help. Good night!
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ANSWER
Good morning Hub,
1) Regarding ISBP paragraph 199 in ISBP 645, please note that it is now paragraph 184 in ISBP 681. “ANOTHER PARTY NAMED THEREIN” in this paragraph should be understood as “ANOTHER PARTY NAMED IN THE L/C”.
2) Regarding the meaning of “however named”, I have ever answered a question similar to yours. See below:
Quote
It is noted that the words “however named” appears in the first sub-article of UCP 600 articles 19 -24. It is understood from “however named” that it is not the name or the title of the document that is important. What is important is that the content of the document must comply with the LC terms and conditions of and provisions of UCP 600.
A Multimodal Bill of Lading is acceptable under an LC which calls for a bill of lading covering a port-to-port shipment provided that it is complying with the LC terms and conditions and the provisions of Article 20.
Similarly, Forwarders Bills of Lading are also acceptable under an LC which calls for a bill of lading covering a port-to-port shipment. Yet, in this case, the forwarder must sign as agent or on behalf of a named carrier (or master).
My above interpretation is based on ICC Opinions R219, R230, R456, TA651rev …
Unquote
The L/C requirement and the details stated in the B/L will decide which article (19, 20 or 22) is applicable:
If the L/C requires presentation of a charter party B/L or if a credit allows presentation of a charter party B/L and a charter party B/L is presented, UCP 600 article 22 is applicable.
If the L/C requires presentation of a transport document covering transportation utilizing at least two modes of transport (multimodal or combined transport document), and if the B/L clearly shows that it covers a shipment from the place of taking in charge or port, airport or place of loading to the place of final destination mentioned in the L/C, UCP 600 article 19 is applicable.
If the L/C requires presentation of a bill of lading ("marine", "ocean" or "port-to-port" or similar) covering sea shipment only, UCP 600 article 20 is applicable.
Best regards,
Mr. Old Man
anonymous
July 5, 2011 at 9:07 pm
Hub 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!
anonymous
July 5, 2011 at 9:07 pm
Hub 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!
mroldmanvcb
July 5, 2011 at 11:07 pm
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 Certificate of Origin (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 certificate of origin (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, for instance, the chamber of commerce and industry.However, if the case were brought to court, I am not that the judge would understand the same.Best regards,Mr. Old Man