ON BOARD NOTATION 4

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QUERY
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From: S.
Sent: Tue 10/19/2010 9:07 PM
To: Nguyen Huu Duc (DNG)
Subject: on-board-notation

Dear Nguyen Huu Duc,

I'd like to ask you another thing about on-board-notation. The ICC's Recommendation Paper on on-board-notation has been ractified for a while but it seems that no one wants to have the first try: the presented B/Ls I've seen are still as usual, e.g. when "place of receipt"is different from the "port of loading" with the preprinted wording"shipped in good order and condition", forwarders usually follow the former practice, i.e. indicates a full on-board-notation in the B/L including the on-board date, vessel name and port of loading, even though no indication of the means of precarriage. These are perhaps not necessary as per the ICC Recommendation Paper 2.9.

But there is one exception:

Suppose the LC require a B/L, 44e: Port L, 44f:Port of discharge:Port D
the presented B/L indicating: Place of receipt: Place A (marked with *)
Port of loading:Port L
Port of discharge:Port D
Preprinted wording: "shipped in good order and condition …" and * only applicable to Combined Transport Bill of lading",
Then what does the wording of "shipped …" apply to? the place of receipt or port of loading?

Do you think whether it need an extra on-board-notaion or not?

Best regards
S.
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COMMENT
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From: Nguyen Huu Duc (DNG)
Sent: Wed 10/20/2010 10:28 AM
To: S.
Subject: RE: on-board-notation

Dear S.,

Not all carriers, bankers or traders have the same opportunity as ours to have in hand the ICC’s Recommendation Paper on On-Board Notation. So, it needs time to change old practices.
Previously, to avoid discrepancies regarding on-board notation, some prudent bankers would advise the beneficiary to present B/L with a full on board notation including date, vessel name and port of loading notwithstanding that in some cases a full on-board notation is not needed.

It is correct that according to the said paper, where the bill of lading indicates a place of receipt that is different from the port of loading BUT there is NO indication of a means of pre-carriage (either in the pre-carriage field or the place of receipt field) then if the bill of lading is pre-printed shipped on board, the date of issue will be deemed to be the date of shipment and no further on board notation is required.

It is understood from your description that the B/L presented appears to be a Combined Transport Documents. However, ICC recommended in the said paper that transport documents be examined under the article that is applicable to the conditions stated in the L/C. LC calls for B/L with field 44E and field 44F, hence, the B/L presented is to be examined under article 20 and not article 19. In accordance with ICC’s conclusions regarding B/L point (b) (i) of the recommendation, the pre-printed shipped on board is understood to be applicable to the port of loading and no further on board is needed.

Best regards,

Nguyen Huu Duc