ORIGINAL ENOUGH? WHEN A COPY IS NOT A COPY

QUESTION

Dear Mr. Old Man,

Seek your view on the below-

LC calls for original survey report by SGS.

The document presented is a photocopy in black and white  with the word “ORIGINAL” stamped on it with red ink.

 The SGS signatures are also not original. 

LC does not require manual signature.

Therefore, per UCP article 17 C iii, is it acceptable as original?

I believe this should be fine

Regards 

Rohini

—-

ANSWER

Hi Rohini,

Thanks for your thoughtful question.

This seems to involve a document generated via an electronic platform—likely a PDF—printed and presented in black and white, with the word “ORIGINAL” stamped in red ink. The signatures from SGS are not manual, but since the LC does not require a manual signature, that point is not a concern.

According to ICC Opinion TA.843rev, the colour of ink (black and white vs. colour) is not a determining factor in assessing whether a document is original. What matters is whether the document complies with UCP 600 Article 17, as expanded in ISBP 745 paragraph A27.

Here’s the key part from ISBP A27 for convenience:

“A document bearing an apparently original signature, mark, stamp or label of the issuer will be considered to be an original unless it states that it is a copy. Banks do not determine whether such a signature, mark, stamp or label of the issuer has been applied in a manual or facsimile form and, as such, any document bearing such method of authentication will satisfy the requirements of UCP 600 article 17.”

So as long as the SGS report does not explicitly state that it is a copy, and it bears an apparently original stamp and/or authentication—like the red “ORIGINAL” stamp—it should satisfy the requirement for an original document.

In my view, based on the information you’ve shared, your interpretation is correct: the document should be acceptable as an original under UCP.

Hope this helps!

Best regards,

Mr. Old Man