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PHOTOCOPY OF BILL OF LADING

By Mr Old Man
Posted on November 23, 2012
2 min read
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QUESTION

SBLC requires in Field 46A: PHOTOCOPY of Bills of Lading as evidence of shipment.

We presented photocopy of Non-Negotiable Bill of lading since the shipment released to beneficiary via telex release, the carrier does not print the Original B/L when they telex release it.

The bank refuse the copy of non-negotiable B/L by stating that according to UCP 600 it has no signature of the carrier on it,

Is this a valid discrepancy ?

———————
ANSWER
Hi,

UCP 600 transport articles apply where there are original transport documents presented. A photocopy of bill of lading is a copy and not an original bill of lading, hence, it will not be examined under Article 20. The fact that the photocopy of the bill of lading has no signature of the carrier does not constitute a valid discrepancy.

If an L/C requires the presentation of a photocopy of a bill of lading which is a true copy of the original bill of lading, ie., including all data, carrier’s signature, dates etc as shown in the original bill of lading, it must so state.

To support your reasoning, please draw the issuing bank’s attention to ISBP paragraph 20, which says “Copies of transport documents are not transport documents for the purpose of UCP 600 articles 19-25 and sub-article 14(c). The UCP 600 transport articles apply where there are original transport documents presented. Where a credit allows for the presentation of a copy transport document rather than an original, the credit must explicitly state the details to be shown. Where copies (non-negotiable) are presented, they need not evidence signature, dates, etc.”

Best regards,
Mr. Old Man

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12 Comments

12 Comments

  1. anonymous

    December 8, 2012 at 5:12 pm

    Anonymous writes:Hi Mr Old man. I am keen on this topic. Does this consider discrepancy as it's examined under UCP 600, and since it's not original as per LC requirement?Thanks for your comments please.

    Reply

  2. anonymous

    December 8, 2012 at 5:12 pm

    Anonymous writes:Hi Mr Old man. I am keen on this topic. Does this consider discrepancy as it's examined under UCP 600, and since it's not original as per LC requirement?Thanks for your comments please.

    Reply

  3. anonymous

    December 8, 2012 at 5:12 pm

    Anonymous writes:Hi Mr Old man. I am keen on this topic. Does this consider discrepancy as it's examined under UCP 600, and since it's not original as per LC requirement?Thanks for your comments please.

    Reply

  4. kenjio

    December 10, 2012 at 8:12 pm

    QuestionWHEN SHIPMENT HAS BEEN EFFECTED FROM TWO PORTS, DOES THE CHARTER BILL OFLADING NEED TO EVIDENCE SEPARATE ON BOARD NOTATIONS FOR EACH PORT ALONGWITH THE RELEVANT ON BOARD DATE? WOULD THE POSITION BE DIFFERENT IF THEBILL OF LADING WERE NOT SUBJECT TO A CHARTER PARTY OR IF A "RECEIVED FORSHIPMENT" BILL OF LADING WERE PRESENTED?

    Reply

  5. mroldmanvcb

    December 11, 2012 at 10:12 am

    Originally posted by kenjio:

    QuestionWHEN SHIPMENT HAS BEEN EFFECTED FROM TWO PORTS, DOES THE CHARTER BILL OFLADING NEED TO EVIDENCE SEPARATE ON BOARD NOTATIONS FOR EACH PORT ALONGWITH THE RELEVANT ON BOARD DATE? WOULD THE POSITION BE DIFFERENT IF THEBILL OF LADING WERE NOT SUBJECT TO A CHARTER PARTY OR IF A "RECEIVED FORSHIPMENT" BILL OF LADING WERE PRESENTED?

    There is no stipulation in UCP 600 that requires a b/l must show more than one on board notation if the goods are shipped from more than one of port loading in the same geographical area. However, it may show more than one on board notation. In this case the earliest of the on board dates will be used for calculation of the maturity date.

    Reply

  6. mroldmanvcb

    December 11, 2012 at 10:12 am

    Originally posted by anonymous:

    Anonymous writes:Hi Mr Old man. I am keen on this topic. Does this consider discrepancy as it's examined under UCP 600, and since it's not original as per LC requirement?Thanks for your comments please.

    There is no discrepancy. If an L/C requires the presentation of a photocopy of a bill of lading which is a true copy of the original bill of lading, ie., including all data, carrier’s signature, dates etc as shown in the original bill of lading, it must so state.

    Reply

  7. anonymous

    November 4, 2013 at 2:11 pm

    Anonymous writes:can you tell me following conditions can bank accept on usance LC • Copy or photocopy or fax copy or non negotiable copy of the bill of lading• Copy or photocopy or fax copy of the commercial invoice• Copy or photocopy or fax copy of beneficiaries’ certificate certifying that the original shipping documents including the bill lading have been sent by courier to direct to the applicant and the goods described in the credit will be discharged at indicated port.

    Reply

  8. mroldmanvcb

    November 4, 2013 at 5:11 pm

    A wise bank would never accept a presentation of photocopied documents. It could be forged documents.A wise bank would also never agree to have all original bills of lading sent directly to the applicant.

    Reply

  9. T.T

    August 30, 2016 at 5:22 pm

    Dear Mr old man

    You are so grateful when sharing your precious knowledge. Please kindly help us to clarify the presentation period of copies of transport documents

    ISBP 745 notes that copies of transport not subject to 21 calendar days or any presentation period stated in the lc, unless the credit explicitly states the basis for determining such presentation period

    Please help us to understand more what ‘unless the credit explicitly states the basis for determining such presentation period’ means? which situation is mentioned here?

    Thanks for your great advice as always

    T.T

    Reply

    • mroldman

      August 31, 2016 at 4:39 pm

      Hi,

      Thank you for your compliment!
      Copies of transport documents are copies, which are not original and cannot be considered transport documents. Copies of transport documents covered by UCP 600 articles 19-25 are not subject to the default presentation period of 21 calendar days stated in UCP 600 sub-article 14(c) or any presentation period stated in the LC, unless the LC explicitly states the basis for determining such presentation period…

      So, if the LC requires the presentation of a copy of a transport document and the intention is that the documents be presented within a specific period after a date which appears within that transport document, it may states in Field as follows:

      DOCUMENTS MUST BE PRESENTED WITHIN XX DAYS AFTER THE DATE OF SHIPMENT AS EVIDENCED ON THE COPY OF THE [NAME OF TRANSPORT DOCUMENT].

      I hope the above example makes the provision in ISBP 745 clear.

      Kind regards,
      Mr. Old Man

      Reply

  10. Hayath

    October 8, 2017 at 4:57 pm

    Dear Mr Oldman,

    Please need your help,

    IS Truck Consignment Note (TCN) is a negotiable document or not…i said them it is not a Negotiable document…..Our bank not agreeing, saying that where it has written in UCP or ISBP stating that TCN is not a title document ….how to prove them TCN is not a document of title…

    Thanking you in advance…

    Reply

    • mroldman

      October 8, 2017 at 8:28 pm

      Hi

      Road transport document or road consignment note is a transport document used in land shipments. It is not a document title of goods, which means that road transport document is a non-negotiable transport document. As a result road carriers will be able to deliver goods to the consignee without obtaining one original copy of road transport document. For this reason exporters and banks (issuing bank and confirming bank) have to be very careful when working with a letter of credit containing a road transport document as a transport document because neither exporters nor banks could secure goods as a colleteral.

      I believe you have not yet seen a road consignment note made out to order or to the order of issuing bank since it is not a document of title.

      Kind regards,
      Mr. Old Man

      Reply

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