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MISSING DOCUMENT REVISITED

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QUESTION

Dear Mr. Old Man,

I have a case that needs your professional advice:

LC required, among other documents, Commercial Invoice in 4 copies.

The presenter made presentation with the covering schedule indicating 4 copies of Commercial Invoice presented. However, when checking the documents the issuing bank found only 3 copies presented and raised the discrepancy “3 copies of invoice presented instead of 4 copies as required”.

Was the issuing bank correct in raising such a discrepancy?

Thank you in advance for your soon reply.

Best regards,

D.
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ANSWER

Hi,

Based on ICC Opinion TA720rev, I would like to answer your question as follows:
A missing copy of a document would obviously give rise to a discrepancy. It should be noted that either the correct number of copies were included with the other documents or they were not, and only the issuing bank and/or the presenting bank will know the answer. It would be expected that the issuing bank would, if necessary, allow the presenting bank to provide a further copy to supplement those already received and which otherwise comply with the LC. It is the responsibility of the presenting bank to ensure that the correct number of originals and copies and their respective pages are enclosed with the schedule.

Kind regards,

Mr. Old Man

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