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MISSING COPIES OF NON NEGOTIABLE BILL OF LADING

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QUESTION

LC requires: Full 3/3 set of original and 4 non-negotiable copies bill of lading made out to order of issuing bank marked freight prepaid and notify applicant.

We as confirming bank sent the documents without non-negotiable copies.

The issuing bank cited the discrepancy “Less 3 non-negotiable copies of bill of lading”?

Can by any way we as nominated bank escape from  the issuing bank’s refusal?

Any ICC opinion that can protect us?

K.G

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ANSWER

Hi,

Sorry but I find no ICC opinion that supports your position.

According to ICC opinion R769/TA720rev, a missing copy of a document would obviously give rise to a discrepancy… It would be expected that the issuing bank would, if necessary, allow the nominated bank to provide a further copy to supplement those already received and which otherwise comply with the LC requirement.

Kind regards,

Mr. Old Man

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3 Comments

  1. […] MISSING COPIES OF NON NEGOTIABLE BILL OF LADING. […]

    Reply

  2. Youngman

    October 21, 2021 at 7:29 am

    Hi Sir, would you be kind enough to enlighten me, for a purchase that I am buying from my supplier under DES terms, can I ask for BL to be provided as a document under LC? I was informed that as title passes at destination, supplier has no obligation to provide or endorse BL to me. However I have concern on proper passing of title to me..

    Reply

    • Mr Old Man

      October 23, 2021 at 11:37 am

      I wonder why you still use Incoterms 2000 instead of Incoterms 2020. Under DES Incoterms 2000 the seller is responsible for signing contract for carriage and receive BL from the carrier. The seller shall deliver BL to the buyer at the port of discharge to enable the buyer to receive the goods.

      Reply

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