WHERE BENEFICIARY CERTIFICATE IS DATED PRIOR TO THE COURIER RECEIPT DATE

QUERY FROM CHIP PINK

i have a query :
ben's cert should be dated before, after or the same date of courier rcpt ? which one can be accepted?
i always make ben's cert dated on the same date of courier rcpt.
but i see that some ben's cert dated before or after courier rcpt.
could you show me the evidence in ucp.
thanks a lot

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COMMENT

Hi,

UCP 600 does not have any articles dealing with beneficiary certificate and courier receipt, hence, these documents will be examined in the same maner as other documents for which there are no spcific provisions in UCP 600, i.e., under sub-article 14 (f).

Regarding dates of of document, please refer to ISBP 681 para. 14 – 18.

Hereunder are two related paragraphs of ISBP:

14. Any document, including a certificate of analysis, inspection certificate and pre-shipment inspection certificate, may be dated after the date of shipment. However, if a credit requires a document evidencing a pre-shipment event (e.g., pre-shipment inspection certificate), the document must, either by its title or content, indicate that the event (e.g., inspection) took place prior to or on the date of shipment. A requirement for an "inspection certificate" does not constitute a requirement to evidence a pre-shipment event. Documents must not indicate that they were issued after the date they are presented.

15. A document indicating a date of preparation and a later date of signing is deemed to be issued on the date of signing.
…

Back to your case. I see that a courier receipt has a field/box for the pickup date which is normally understood as the date of courier receipt. A beneficiary certificate certifying that, e.g., one set of non-negotiable documents has been sent to the applicant by courier within three days after shipment can be dated on or after the pick up date), but must not be dated later than its date of presentation.

Notwithstanding the provision in sub-article 14 (i) allowing a document to be dated prior to the issuance date of LC, it is obviously unreasonable for such a certificate to be dated prior to the pick up date. I mean the beneficiary can not certify that the documents have been sent to the applicant while at the time of issuing the certificate the documents have not yet been sent.

However, I think a tolerant bank should not refuse the documents based on such a discrepancy if the courier receipt presented shows the pickup date which is within the period specified for the documents to be sent to the applicant.

Regards,
Mr. Old Man …