WHERE A B/L DOES NOT SHOW THE PLACE OF RECEIPT WHICH IS THE SAME AS THE PORT OF LOADING

QUESTION

Dear Mr. Old Man,

For long I have admired your knowledge and enthusiasm. Now I have the following case that needs your expertise opinion:

L/C stipulates:
44A Place of Taking in Charge/Dispatch from …/Place of Receipt
ANY PORT VIETNAM
44E Port of Loading/Airport of Departure
ANY PORT VIETNAM
44F Port of Discharge/Airport of Destination
AGADIR PORT MOROCCO
44B Place of Final Destination/For Transportation to …/Place of Delivery AGADIR PORT MOROCCO

46A: Documents Required
FULL SET OF CLEAN ON BOARD ORIGINAL MARINE BILLS OF LADING

B/L presented shows:
Port of Loading : HOCHIMINH PORT VIETNAM
Port of Discharge : AGADIR PORT MOROCCO
Place of Delivery : AGADIR PORT MOROCCO

Ngân hàng phát hành bắt Bất hợp lệ: The issuing bank raised the discrepancy:

B/L DOES NOT SHOW PLACE OF RECEIPT, AS PER FIELD 44A.

Question:

1. Is the discrepancy raised by the issuing bank valid?
2. If not, how to argue against their refusal?

Thank you in advance.

Best regards,
VT
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ANSWER

Hi,

Sorry but the L/C was poorly issued.

If L/C requires presentation of a port to port bill of lading, only two SWIFT fields 44E (Port of Loading) and 44F (Port of Discharge) should be completed, and the transport document presented will be examined against Article 20 (bill of lading), and not Article 19 (multimodal transport document).

Where transport is done by more than one means of conveyance and L/C shows any three fields from 44A, E, F or B or all of, a multimodal transport document should be required and it will be examined against Article 19.

I see from your description that the place of receipt required in the L/C is a port which is the same as the port of lading. In my opinion, there’s no need for a bill of lading to show a port of receipt which is the same as the port of loading. The discrepancy raised by the issuing bank in this case is not valid for refusal.

Best regards,
Mr. Old Man