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WHEN A MMTD REQUIRES AN ON BOARD NOTATION?

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QUERY FROM AYMAN
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Dear Mr. OLD MAN,
after my greeting …..

I want to get your value opinion about the meaning of point under UCP600 ARTICLE 19 :

ARTICLE 19 A (iii – b) ;

b. the transport document contains the indication "intended" or similar qualification in relation to the vessel, port of loading or port of discharge.

I want to confirm me understanding of that particular point, (b)

multimodal B/L allowed to indicate ''intented'' with respect to vessel , port of loading and port of discharge without the need for notation to indicat the actual vessel or port of loading and discharge

as the following example will clarify :

l/c require
Place of receipt: Cairo
Port of loading : Alexandria port
Port of destination : Antwerp

if a received B/L presented dd 1/3/2010 as indicates the follow :

place of receipt: cairo
port of loading : alexandria port
port of destination : Antwerp

vessel : ''mtv queen '' intented

the question is: as B/L multimodal as l/c required so, it will be examined under article 19 and it doesn't require notation in respect of
name of vessel . and B/L aceptable.

which isn't the case under port to port B/L in which if it indicate intended in respect of vessel or port of loading it must bear notation as per ucp600 article 20-a(ii) & (iii)

please clarify……

B.REGARDS….

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COMMENT
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Dear Ayman,

In line with ICC Opinion R641 and ICC Conclusion in On Board Notation Paper – Document 470/1128 with regard to MMTD, a dated on board notation clearly required when:
(i) the L/C so request.
(ii) the L/C requires shipment to be effected from a port to the place of final destination i.e. the first leg of the journey, as required by the credit, is by sea

If the MMTD evidences a place of receipt that is different to that stated in the L/C, and the place stated in L/C is a port, the dated on board notation will require the addition of the name of the vessel (on which the goods have been loaded, even if they have been loaded on the vessel named as the ‘intended vessel) and port of loading.

Regards,
Mr. Old Man

P/s: Please find attached below ICC’s related conclusion quoted from Document No.470/1128rev final – 22 April 2010 – Recommendations of the Banking Commission in respect of the requirements for an On board Notation:

QUOTE
Multimodal or Combined Transport Documents

Article 19 provides for an indication of the goods being dispatched, taken in charge or shipped on board. The applicable wording will depend upon the mode of conveyance for the first leg of the carriage. It should be noted that article 19 does not require an on board notation as a default position for most of the time. However, in line with ICC Opinion R. 641 (TA.650rev), a dated on board notation is clearly required when the credit so requests. It is also required when the credit requires shipment to be effected from a port to the place of final destination i.e. the first leg of the journey, as required by the credit, is by sea. If a multimodal or combined transport document nonetheless evidences a place of receipt that is different to the place stated in the credit, and that place stated in the credit is a port, the dated on board notation will require the addition of the name of the vessel and port of loading, unless the transport document evidences that the on board notation or pre-printed shipped on board wording applies to the named vessel and port of loading. The key, therefore, is for the credit either:
(a) to expressly require an on board notation, or absent that;
(b) to make clear whether the place from which the goods are to be taken in charge by the carrier is a sea port.
UNQUOTE

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4 Comments

  1. anonymous

    February 18, 2013 at 3:02 pm

    Phuong writes:Chào Anh .Anh cho Em hỏi trường hợp sau L/C quy định :44 E : any port in Vietnam44 F : venice port italiaKhách hàng xuất trình B/Lthể hiện :Place of receipt : HCM port,VN .Pre-carriage : STX DALIAN 0045WVessel voy (flag): VER UNION 0121W.Port of loading: HCM port VN…trên thân Bill có thể hiện :Shipped on board : STX DALIAN 0045Wat HCM port VietNam on Jan 27, 2013.Ngân hàng nước ngòai bắt bất hợp lệ B/L " ship on board " not conform (absence of an on board notation in relation to the oceance vessel at port of loading).Nh nước ngòai bắt vậy đúng hay sai Anh ?.Lâu nay Em vẫn làm theo kiểu này và xuất trình qua mấy NHlớn NH này vẫn OK tuy nhiên lần này Banca monte dei paschi di siena s,p,a lại bắt lỗi như trên..Em tra UCP 600 điều 20.a.ii thì thể hiện actual vessel là đượcmà thực sự là ship on board trên tàu precarriage Anh a

    Reply

  2. mroldmanvcb

    February 19, 2013 at 11:02 pm

    Khi BL thể hiện 2 con tàu thì Shipped on board phải thể hiện tên con tàu biển rời cảng bốc hàng. BL thể hiện tên con tàu chuyên chở chặng đầu (pre-carriage) là không hợp lệ.

    Reply

  3. anonymous

    February 21, 2013 at 1:02 pm

    Kim Anh writes:Chào Anh Em có một tình huống đang phân vân nhờ Anh giúp hộ . % LC states :43T : transhipment : not allowed 44E:Port of loading: any Vietnam port44F: Port of discharge: Bar, Montenegro 44C : latest date of shipment : 130510 46A: document required : B/L issued to order of the shipper … .Our B/L shows : .Precarriage by : VESSEL ASIAN STAR ..Place of Receipt : HOCHIMINH VIETNAM ..Ocean vessel : VICTORIA v052 ..port of loading : SINGAPORE .SHIPPED ON BOARD ON 20 FEB , 2013 AT ASIAN STAR . FREIGHT PRPAID IN HOCHIMINH CITY , VIETNAM Câu hỏi QUESTION : B/L thể hiện như vậy có phù hợp với on board notification không Anh ? .

    Reply

  4. mroldmanvcb

    February 21, 2013 at 10:02 pm

    Hi,According to Document No.470/1128rev final – 22 April 2010 – Recommendations of the Banking Commission in respect of the requirements for an On board Notation, where the port of loading stated in the L/C is shown as the place of receipt (the ocean vessel and port of loading fields, in this case, are reflecting the transhipment details) with shipment by sea from that port, a dated on board notation is required evidencing the port of loading stated in the credit and the vessel that is leaving that port. In line with the above, the on board notation in your described scenario is incorrect as it does not indicate port of loading stated in L/C (i.e., HCMC port).Best regards,Mr. Old ManP/S: The answer is based on the assumption that goods are shipped in containers as evidenced in the B/L.

    Reply

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