WHETHER A CERTIFICATE OF ORIGIN MUST BE DATED

QUESTION

Dear Mr. Old Man,

I would like to ask for your opinion on the following issue.

According to ISBP 681 a certificate of origin must be signed and dated. However, ISBP 745 is silent on the date of the certificate of origin. There are some opinions on this case:

1) ISBP 681 and ISBP 745 are supplements to UCP 600 that explain how articles of UCP 600 are to be applied. Therefore, the ISBP 745 publication does not prevail ISBP 681 and the certificate of origin presented under the credit must be dated.

2) ISBP 745 publication is the latest version separated from ISBP 681. The fact that ISBP 745 is silent on the date of certificate of origin signifies that there is no need  for a certificate of origin to be dated.

Could you please give me your opinion on the above case?

Thank you very much.

LHC

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ANSWER

Hi,

It’s an interesting finding!

Before the publication of ISBP 745 I ever gave my answer to a similar question based on paragraph 181 ISBP 681 that a certificate of origin must be signed and DATED.

Now that I receive your question under the umbrella of ISBP 745, perhaps I must change my answer just as ISBP 745 is silent as to the date of the issuance of the certificate of origin.

Some paragraphs of ISBP 745 make me think that unless required by the credit, certificates (including certificate of origin) not dated are acceptable:

Paragraph A3 says when a certificate, certification, declaration or statement is required by a credit, it is to be signed. It is silent as to whether the certificate must be dated or not.

Paragraph A11 lists only 3 documents that are to indicate a date of issuance: (i) drafts are to indicate a date of issuance; (ii) insurance documents are to indicate a date of issuance or effectiveness of the insurance coverage; and (iii) original transport documents, subject to examination under UCP 600 articles 19-25, are to indicate a date of issuance, a dated on board notation, a date of shipment, a date of receipt for shipment, a date of dispatch or carriage, a date of taking in charge or a date of pick up or receipt, as applicable.

Paragraphs from L1 to L8 setting the guidelines for examination of certificate of origin keep silent on the date of the certificate of origin. I think  the Drafting Group of ISBP 745  must have had good reasons  to withdraw the word “DATED” from ISBP 681

To answer your specific question, I am on the side of those who say that unless expressly required by the credit, the certificate of origin presented need not be dated.  My view is based on ISBP 745.

Kind regards,

Mr. Old Man