MUST ALL ORIGINALS BE PRESENTED?

QUESTION

Dear Sir

I have come across a case which needs your attention and expertise to solve this issue.

Case:

A credit requires a phytosanitary certificate without mentioning the number to be issued.

Documents were presented along with an original and two copies of phytosanitary certificate. Therefore, issuing bank refused the document quoting the following discrepancy:

“Phytosanitary certificate evidence that three originals were issued therefore three original certificates must be presented as per sub article 17(e)”.

So, my question is issuing bank right at their refusal?

Thanks & Regards,

Arif Md. Juwel

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ANSWER

Hi,

I must say that the discrepancy raised by the issuing bank is invalid. The provision that the number of originals stated on the document is to be presented only applies to transport documents and insurance documents, and not to other documents. Please refer to ISBP 821 para. A29 (b), which says, “When a transport document or insurance document indicates how many originals have been issued, the number of originals stated on the document is to be presented, except as stated in paragraphs H12) and J7) (c)”.

Where the LC requires a phytosanitary certificate without mentioning the number of originals to be presented, one original phytosanitary certificate presented is acceptable even when the document indicates in itself that more than one original has been issued. Please refer to an example in ISBP 821 para. A29 (d) (i), which says, “When a credit requires, for example, presentation of “Invoice”, “One Invoice”, “Invoice in 1 copy” or “Invoice – 1 copy”, it will be understood to be a requirement for an original invoice”.

Hopefully the answer is helpful.

Best regards,

Mr. Old Man