Isbp 745
Isbp 745
Isbp 745
org] Sent:Tuesday,June
M To:AllNCs Cc:SENECHALThierry;COLLYERGary Subject:OverturnedICCOpinionsfollow
n BankingCommission NotetoBankingCommissionmembers,nationalcommitteesandgroups
s you will all be aware, the final draft of the International Standard Banking
as approved at the Banking Commission meeting held in Lisbon on 17 April, 2013
f the same name, which will bear ICC publication number 745, should be availab
hing by the end of JuneorearlyJuly. National Committees and members of the B
requested to note that the agreed text of ISBP 2013revisededition(publicationN
acticesthatdifferfrompreviouslyagreedpositionsthat have been published as ICC
re Opinions R751 (TA735rev) and R766 (TA709rev). These OpinionsappearintheICCb
missionOpinions20092011 ,publicationNo.732. Foryourinformation,OpinionR751issu
esdescribedinparagraphsD1(c)andE1(a).For R766, this Opinion is superseded by
d in paragraph K10 (c). These two Opinions are to be consideredwithdrawnwithi
tregards, Thierry ThierrySenechal SeniorPolicyManager ExecutiveSecretary,Banking
nternationalChamberofCommerce(ICC) 38CoursAlbert1erI75008ParisIFrance Tel:+3
102 Email:thierry.senechal@iccwbo.org Website:www.iccwbo.org ISBP FortheExaminatio
ntsunderUCP600 PRELIMINARYCONSIDERATIONS Scopeofthepublication i) Thispublicati
nctionwithUCP600andnotinisolation. ii) Thepracticesdescribedinthispublication
esofUCP600aretobeinterpretedand applied, to the extent that the terms and
r any amendment thereto, do not expresslymodifyorexcludeanapplicablearticlein
endmentapplication,theissuanceofthecreditandanyamendmentthereto iii) Theterms
tandanyamendmenttheretoareindependentoftheunderlyingsaleor other contract eve
ndment expressly refers to that sale or other contract. When agreeing the terms
her contract, the parties thereto should be aware of the ensuing implicationsfo
hecreditoramendmentapplication. iv) Many of the problems that arise at the do
stage could be avoided or resolved by the
A5)
A6)
A7)
A8)
a. the date or year the vessel was built, and such date or year is no more
ateofshipmentortheyearin whichshipmentwaseffected, in whichcaseadateofissu
e wording as stated in the credit, in which case a date of issuance is requi
ng thatasofthatdatethevesselwasnotmorethan25yearsold. Whenacertification,
arinadocumentwhich istobesignedanddated, it does not require a separate si
tification, declaration or statement appears to havebeengivenbythesameentityth
edocument. CopiesoftransportdocumentscoveredbyUCP600articles1925 a. When a
entation of a copy of a transport document covered by UCP 600 articles1925,t
plicable,asthesearticlesonlyapplytooriginaltransport documents.Acopyofatransp
nedonlytotheextentexpresslystatedin thecredit,otherwiseaccordingtoUCP600sub
hown on a copy of a transport document, when read in context with the credit,
dinternationalstandardbankingpractice,neednotbeidenticalto,butmust not conflic
ment,anyotherstipulateddocumentorthecredit. c. Copies of transport documents c
rticles 1925 are not subject to the default presentation period of 21 calendar
600 subarticle 14 (c) or any presentation period stated in the credit, unless
tly states the basis for determining such presentation period. Otherwise, a pres
be made at any time, but in any event no later thantheexpirydateofthecredi
orrection) a. i) Any correction of data in a document issued by the beneficia
on of drafts (seeparagraphB16),neednotbeauthenticated. ii) When a document
ary has been legalized, visaed, certified, etc., any correctionofdataistobeau
neoftheentitiesthatlegalized,visaedor certified, etc., the document. Such auth
ndicate the name of the entity authenticating the correction either by use of
ting its name, or by the additionofthenameoftheauthenticatingentityaccompanie
als. b. i) Anycorrectionofdatainadocument,otherthaninadocumentissuedbythe
ve been authenticated by the issuer or an entity acting as agent, proxy or fo
e issuer. Such authentication is to indicate the name of the entity authenticat
ion either by use of a stamp incorporating its name, or by the additionofthe
ntityaccompaniedbyitssignatureorinitials.In the case of authentication by an
apacity of acting as agent or proxy for [oronbehalfof]theissueristobestate
than one issued by the beneficiary has been legalized, visaed, certified,etc.,a
tais,inadditiontotherequirementsofparagraph A7)(b) (i), to be authenticated
tities that legalized, visaed or certified, etc., the document. Such authenticati
icate the name of the entity authenticating the correction either by use of a
g its name, or by the addition of the name of theauthenticatingentityaccompan
tials. c. Anycorrectionofdatainacopydocumentneednotbeauthenticated. When a
ssued by the beneficiary contains more than one correction, either each correcti
henticated separately, or one authentication is to indicate that it applies to
ions. For example, when a document issued by XXX shows three corrections number
A9) A10)
A11)
A12)
A13) A14)
A15)
A16)
A17)
A18)
A19)
A20)
A21)
A22) When the presented documents indicate mathematical calculations, banks only
that the stated total in respect of criteria such as amount, quantity, weight
ges, does not conflict with thecreditoranyotherstipulateddocument. Misspellin
3) Amisspellingortypingerrorthatdoesnotaffectthemeaningofawordorthesentenc
umentdiscrepant.Forexample,adescriptionofthegoodsshownasmashineinstead of
f fountain pen or modle instead of model would not be regarded as a con
le 14 (d). However, a description shown as, for example,model123insteadofm
tofdataunderthatsubarticle. Multiplepagesandattachmentsorriders A24) Whena
nonepage,itmustbe possibletodeterminethatthe pagesare part of the same doc
ovides otherwise, pageswhich arephysically boundtogether, sequentially numbered o
nternal cross references, however named or titled, will meet this requirement an
mined as one document, even if some of the pages are regarded as an attachmen
ignature or endorsement is required to be on a document consisting of more tha
credit or the document itself does not indicate where a signature or endorsemen
he signatureorendorsementmayappearanywhereonthatdocument. Nondocumentarycondi
ata A26) When a credit contains a condition without stipulating a document to
nce therewith (nondocumentary condition), compliance with such condition needno
nany stipulated document. However, data contained in a stipulated document are
lict with the nondocumentary condition. For example, when a credit indicates p
ases without indicating that such data is to appear on any stipulated document
y stipulated documentindicatingadifferenttypeofpackingisconsideredtobeaconfli
dcopies A27) Adocumentbearinganapparentlyoriginalsignature,mark,stamporlabelo
ered tobeanoriginalunlessitstatesthatitisacopy.Banksdonotdeterminewhether
abel of the issuer has been applied in a manual or facsimile form and, as su
ngsuchmethodofauthenticationwillsatisfytherequirementsofUCP600article17. A28)
ethanoneoriginalmaybemarkedOriginal,Duplicate,Triplicate,First Original,
gswilldisqualifyadocumentasanoriginal. A29) a. The number of originals to be
ast the number required by the credit or UCP 600. b. When a transport docum
ent indicates how many originals have been issued, the number of originals stat
nt is to be presented, except as stated in paragraphsH12)andJ7)(c). c. Whe
ntation of less than a full set of original transport documents, (for example,
s of lading), but does not provide any disposal instructions for the remaining
g,apresentationmayinclude3/3originalbillsoflading. d. Whenacreditrequires,
f: i) Invoice, One Invoice, Invoice in 1 copy or Invoice 1 copy,
inalinvoice. ii) Invoice in 4 copies or Invoice in 4 fold will be sat
ast oneoriginalinvoiceandanyremainingnumberascopies. iii) photocopy of in
be satisfied by the presentation of either a
A30)
A31) A32)
A33)
A34)
A35)
A36)
i) When a credit requires a bill of lading and drafts are to be drawn, for
or from the bill of lading date and a bill of lading is presented evidencing
ing of the goods from one vessel to another, and showing more than one dated
indicating that each shipment was effected from a port within a permitted geogr
range of ports, the earliest of these dates is to be used for the calculation
ample,acreditrequiresshipmentfromanyEuropean port, and the bill of lading evi
el A from Dublin on 14 May, with transshipment effected on board vessel B
draft should reflect60daysaftertheearliestonboarddateinaEuropeanport,i.e.,1
uires a bill of lading and drafts are to be drawn, for example, at 60 days
ading date, and a bill of lading is presented evidencing shipment of goods on
m more than one port within a permitted geographical area or range of ports,
ne datedon boardnotation, the latest of thesedates is to be used for the ca
y date. For example, a credit requires shipment from any European port, and th
idences part of the goods loaded on board vessel A from Dublin on 14 May a
e same vessel from Rotterdamon16May.Thedraftshouldreflect60daysafterthelate
ii) When a credit requires a bill of lading and drafts are to be drawn, for
r or from the bill of lading date, and more than one set of bills of lading
aft, the on board date of the latest bill of lading will be used for the ca
te. While the examples in paragraphs B2) (e) (iiii) refer to bill of lading
ples apply to anybasisfordeterminingamaturitydate. Maturitydate Whenadraftst
nactualdate,thatdateistoreflectthetermsofthecredit. Fordraftsdrawn,forexam
eisestablishedasfollows: a. in the case of a complying presentation, the matu
ays after the day of presentation to the bank on which the draft is drawn, i
confirming bank or a nominatedbankthatagreestoactonitsnomination(draweebank
gpresentation: i) when such drawee bank has not provided a notice of refusal
ill be 60 daysafterthedayofpresentationtoit; ii) whenthedraweebankisthe
frefusalatthelatest 60daysafterthedatetheissuingbankacceptsthewaiverofthe
ee bank is a bank other than the issuing bank and it has provided a notice
safterthedateoftheacceptanceadviceoftheissuingbank.When such drawee bank do
cceptance advice of the issuing bank, the undertakingtohonourontheduedateist
hedraweebankistoadviseorconfirmthematuritydatetothepresenter. Themethodofc
ydates,asshownabove,alsoappliestoacreditavailableby deferred payment or, in
n, i.e., when there is no requirement for a draft to be presentedbythebenefi
cedays,delaysinremittance Payment is to be made in immediately available funds
he place where the draft or documentsarepayable,providedthatsuchduedateisab
eduedateisa
e.
nonbanking day, payment is due on the first banking day following the due dat
ttanceoffunds,forexamplegracedays,thetimeittakestoremitfunds,etc.,arenotto
dduedateasdefinedbythedraftordocuments. Drawingandsigning B8) a. Adrafti
ryandtoindicateadateofissuance. b. When the beneficiary or second beneficia
, and the credit mentions the former name, a draft may be drawn in the name
ed that it indicates formerlyknownas(nameofthebeneficiaryorsecondbeneficiary)
B9) When a credit indicates the drawee of a draft by only stating the SWIFT
raft may showthedraweewiththesamedetailsorthefullnameofthebank. B10) When
nwithanominatedbankoranybank,thedraftistobedrawnona bankotherthanthenom
blebyacceptancewithanybank,thedraftistobedrawnonthebankthatagreesto accep
nitsnomination. B12) Whenacreditisavailablebyacceptancewith: a. anominated
edrawnonthatnominatedbank(whichisnota confirmingbank),anditdecidesnottoact
rymaychooseto: i) draw the draft on the confirming bank, if any, or requ
e forwarded totheconfirmingbankintheformaspresented; ii) presentthedocume
sto accept adraft drawnonitand thereby actonitsnomination(applicableonlywhe
ybank);or iii) request that thepresentation be forwarded to the issuing ba
ed with orwithoutadraftdrawnontheissuingbank. b. a confirming bank, and t
t confirming bank and the presentation is noncomplying,anditdecidesnottoreins
,thebeneficiarymayrequestthatthe presentation be forwarded to the issuing bank
ented, with or without a draft drawnontheissuingbank. Amounts B13) Adrafti
edunderthepresentation B14) Theamountinwordsistoaccuratelyreflecttheamountin
ndindicatethe currency as stated in the credit. When the amount in words and
ct, the amount in wordsistobeexaminedastheamountdemanded. Endorsement B15)
ssary. Correctionandalteration(correction) B16) Anycorrectionofdataonadraft
ticatedwiththeadditionofthesignature orinitialsofthebeneficiary. B17) When
s allowed in a draft, an issuing bank should have included a suitable stipulat
ftsdrawnontheapplicant B18) a. Acreditmustnotbeissuedavailablebyadraftdraw
when a credit requires the presentation of a draft drawn on the applicant as
ocuments, it is to be examinedonly to the extent expressly stated in the cred
dingtoUCP600subarticle14(f). INVOICES Titleofinvoice
C1)
C2)
C3)
C4)
C5)
C6) C7) C8)
C9)
D2)
D3)
D4)
D5)
D6)
combined transport document, and it is clear from the routing of thegoods stat
at more than one mode of transport is to be utilized, for example, when an i
or finaldestinationareindicated,ortheportofloadingordischargefieldiscompleted
n fact an inland place and not a port, UCP 600 article 19 is to be applied
ument. In all places where the term multimodal transport document is used wit
n, it also includes the term combined transport document. The transport docume
not be titled Multimodal transport document or Combined transport document or
ect even whenthecreditsonamestherequireddocument. Issuance,carrier,identificati
igningofamultimodaltransportdocument a. A multimodal transport document may be
ity other than a carrier or master (captain)provideditmeetstherequirementsofU
n a credit indicates Freight Forwarders Multimodal Transport Document is accept
imodal Transport Document is acceptable or words of similar effect, a multimoda
ument may be signed by the issuing entity without it being necessary to indica
ichithasbeensignedorthenameofthecarrier. Astipulationin acreditthatFreigh
tDocumentsare notacceptable or House Multimodal Transport Documents are not a
similar effect has no meaninginthecontextofthetitle,format,contentorsigningo
cument unless the credit provides specific requirements detailinghowthe multimoda
t document is to be issued and signed. In the absence of these requirements,
s to be disregarded, and the multimodal transport document presented is to be
ng to the requirements of UCP 600 article a. A multimodal transport document i
e form described in UCP 600 subarticle 19 (a)(i)andtoindicatethenameofthe
r. b. Whenamultimodaltransportdocumentissignedbyanamedbranchofthecarrier,th
avebeenmadebythecarrier. c. Whenanagentsignsamultimodaltransportdocumentfor
eagentis to be named and, in addition, to indicate that it is signing as a
r or as agent on behalf of (name), the carrier or words of similar effect.
ied elsewhere in the document as the carrier, the named agent may sign, for
nbehalfof]thecarrierwithoutnamingthecarrieragain. d. When the master (captai
ransport document, the signature of the master (captain)istobeidentifiedas the
ofthemaster(captain)neednot bestated. e. When an agent signs a multimodal tr
or on behalf of] the master (captain), the agent is to be named and, in addi
it is signing as agent for the master (or captain) or as agent on behalf
rds of similar effect. The name of themaster(captain)neednotbestated. On boa
ipment, place of receipt, dispatch, taking in charge, port of loadingorairport
suance date of a multimodal transport document will be deemed to be the date
h, taking in charge or shipment on board and the date of shipment, unless it
d notation evidencing receipt, dispatch, taking in charge or shipment on board
port or airport stated in the credit. In the latter event, such date will be
f shipment whether that date is before or after the issuance date of the mult
cument. A separate dated notation may
D7)
D8)
D9)
D10)
D11) D12)
D13)
D14)
D15) D16)
D17)
D18)
D19)
D20) D21)
D22) D23)
D24)
D25) D26) D27)
D28)
D29) D30)
D31)
D32)
transport document will only be released upon its surrender together with one o
timodal transport documents, unless all of the referenced multimodal transport do
rm part of the same presentationunderthesamecredit. For example, Container
o. YYY and ZZZ, and can only be released to a singlemerchantuponpresentation
rtdocumentsofthatmerchantisconsidered to be an express statement that one or
transport documents, related to the referencedcontainerorpackingunit,mustbesurr
egoodsbeingreleased. BILLOFLADING ApplicationofUCP600Article20 E1) a. A r
he presentation of a transport document, however named, only covering a portto
e., a credit that contains no reference to a place of receipt or taking in c
destination means that UCP 600 article 20 is to be applied in the examination
ill of lading is not to contain any indication of a charter party as describe
a)and(b). E2) A bill of lading need not be titled marine bill of lading,
ll of ladingorwordsofsimilareffectevenwhenthecreditsonamestherequireddocum
tificationofthecarrierandsigningofabilloflading E3) a. A bill of lading ma
er than a carrier or master (captain), provided it meetstherequirementsofUCP6
editindicatesFreightForwardersBillofLadingisacceptableorHouseBillofLading
ect,abillofladingmaybesignedbytheissuingentitywithout itbeingnecessarytoin
eensignedorthenameofthecarrier. E4) A stipulation in a credit that Freight
are not acceptable or House Bills of Lading are not acceptable or words of
ing in the context of the title, format, contentorsigningofabillofladingunl
ficrequirementsdetailinghowthebill of lading is to be issued and signed. In
quirements, such a stipulation is to be disregarded, and the bill of lading pr
amined according to the requirements of UCP 600 article20. E5) a. A bill of
n the form described in UCP 600 subarticle 20 (a) (i) and to indicatethenam
hecarrier. b. Whenabillofladingissignedbyanamedbranchofthecarrier,thesi
ebythecarrier. c. When an agent signs a bill of lading for [or on behalf
to be named and, inaddition,toindicatethatitissigningasagentfor(name),the
the carrier or words of similar effect. When the carrier is identified elsewhe
as the carrier, the named agent may sign, for example, as agent for [or on
amingthecarrieragain. d. When the master (captain) signs a bill of lading,
ster (captain) is to be identifiedasthemaster(captain).Thenameofthemaster
n an agent signs a bill of lading for [or on behalf of] the master (captain)
d and, in addition, to indicate that it is signing as agent for the master
behalf of the master (or captain) or words of similar effect. The name of th
otbestated. Onboardnotation,dateofshipment,precarriage,placeofreceiptandpo
inted Shippedon boardbilloflading ispresented, itsissuancedatewillbedeemed
b.
c.
d.
e.
f.
oading or words of similar effect, and if, in addition, the place of receipt
ll of lading is to bear a dated on board notation. The dated on board notati
he name of the vessel and the port of loading stated in the credit. Such not
n a designated field or box. The date appearing in the on board notation or
lbedeemedtobethedateofshipment. The named port ofloading,as required by th
ort ofloading field on a bill of lading. However, it may also be stated in
eceipt or words of similareffect,providedthereisadatedonboardnotationevidenc
edon boardanamedvesselattheportstatedunderPlaceofreceiptorwordsofsimilar
cate the port of loading stated in the credit. When a credit indicates the
E7) E8)
E9)
E10)
E11) E12)
E13)
E14)
port of loading by also stating the country in which the port is located, the
eednotbestated. g. When a credit indicates a geographical area or range of p
ample, Any EuropeanPortorHamburg,Rotterdam,AntwerpPort),abillofladingisto
g, which is to be within that geographical area or rangeof ports. A bill of
hegeographicalarea. h. Whenabillofladingindicatesmorethanoneportofloading,i
on with the relevant on board date for each port of loading, regardless of wh
d received for shipment or shipped on board. For example, when a bill of
nt has been effected from Brisbane and Adelaide, a dated on board notation is
isbaneandAdelaide. Terms such as Shipped in apparent good order, Laden on b
phrases thatincorporateshippedoronboardhavethesameeffectasthewordsShippe
ed port of discharge, as required by the credit, should appear in the port of
hinabilloflading. b. However,thenamedportofdischargemaybestatedinthefield
ion or words of similar effect provided there is a notation evidencing that t
is that stated under Place of final destination or words of similar effect.
dit requires shipment to be effected to Felixstowe, but Felixstowe is shown as
l destination instead of the port of discharge, this may be evidenced by a no
f dischargeFelixstowe. A bill of lading is to indicate the port of discharge
When a credit indicates the port of discharge by also stating the country in
ated, the name of the country need not be stated. When a credit indicates a
ange of ports of discharge (for example, Any European Port or Hamburg, Rotte
ill of lading is to indicate the actual port of discharge,whichistobewithin
geofports.Abillofladingneednotindicate thegeographicalarea. Originalbillofl
icatethenumberoforiginalsthathavebeenissued. b. Bills of lading marked First
al, Third Original, or Original, Duplicate,Triplicateorsimilarexpressions
erparty,shipperandendorsement,andnotifyparty Whenacreditrequiresabillofladin
nsignedtoanamedentity,forexample, consigned to (named entity) (i.e., a stra
ignment) rather than to order or to order of (named entity), it is not to
r toorder of preceding the namedentity,ortheexpressionororderfollowingthe
nted. a. When a bill of lading is issued to order or to order of the shi
ipper. An endorsement may be made by a named entity other than the shipper, p
mentismadefor[oronbehalfof]theshipper. b. When a credit requires a bill of
ds are consigned to order of (named entity),itisnottoindicatethatthegoods
dentity. a. When a credit stipulates the details of one or more notify partie
y also indicate thedetailsofoneormoreadditionalnotifyparties. b. i) Whenacr
ailsofanotifyparty,abillofladingmayindicatethe
E15)
E16) E17)
E18) E19)
detailsofanynotifypartyandinanymanner(exceptasstatedinparagraphE14)(b)(ii))
t stipulate thedetails of a notify party, but thedetails of the applicant app
n a bill of lading, and these details include the applicants address andconta
onflictwiththosestatedinthecredit. When a credit requires a bill of lading t
gned to or to the order of issuing bank or applicant or notifyapplicant
ndicate the name of theissuing bankorapplicant,asapplicable,butneednotindicat
essesoranycontactdetailsthat maybestatedinthecredit. When the address and c
licant appear as part of the consignee or notify party details,theyarenottoc
nthecredit. Transshipment,partialshipmentanddeterminingthepresentationperiodwhen
billsofladingarepresented Transshipment is the unloading and reloading of goods
to another during the carriage of thosegoodsfromtheportofloadingtotheportof
.Whenabillofladingdoes notindicateunloadingandreloadingbetweenthesetwoports,
ontextofthe creditandUCP600subarticles20(b)and(c). Shipment onmore than on
, evenif eachvessel leaves on the same day for the samedestination. a. When
ial shipment, and more than one set of original bills of lading are presented
from one or more ports ofloading (as specificallyallowed, or within a geograph
of ports stated in the credit), each set is to indicate that it covers the s
sselandsamejourneyandthatthegoodsaredestinedforthesame portofdischarge. b.
rtial shipment, and more than one set of original bills of lading are presente
th paragraph E19) (a) and incorporate different dates of shipment, the latest o
to be used for the calculation of any presentation period and must fall on or
entdatestatedinthecredit. c. Whenpartialshipmentisallowed,andmorethanoneset
esentedas part of a single presentation made under one covering schedule or le
ate different datesofshipment,ondifferentvesselsorthesamevesselforadifferent
ese dates is to be used for the calculation of any presentation period, and e
st fall onorbeforethelatestshipmentdatestatedinthecredit. Cleanbilloflading
auseorclausesthatexpresslydeclareadefectiveconditionofthegoods ortheirpackagi
lause on a bill of lading such as packaging is not sufficient for the sea j
ffectisanexampleofaclauseexpresslydeclaringadefectiveconditionofthepackaging.
f lading such as packaging may not be sufficient for the sea journey or wor
presslydeclareadefectiveconditionofthepackaging. a. Itisnotnecessaryforthewo
gevenwhenthecreditrequiresa billofladingtobemarkedcleanonboardorclean.
lading does not expressly declare a defective condition of thegoodsortheirpack
iption A goods description indicated on a bill of lading may be in general te
ith the goods
descriptioninthecredit. Indicationofnameandaddressofdeliveryagentatportofd
equiresabillofladingtoindicatethename,addressandcontactdetailsofadeliveryag
fect, at or for the port of discharge, the address need not be one that is
argeorwithinthesamecountryasthatoftheportofdischarge. Correctionsandaltera
y correction of data on a bill of lading is to be authenticated. Such authent
to have beenmadebythecarrier,master(captain)oranyoneoftheirnamedagents,who
atmayhaveissuedorsignedabilloflading,providedtheyareidentifiedasanagentof
). E25) Nonnegotiable copies ofa bill oflading need not include authentication
s that may have beenmadeontheoriginal. Freightandadditionalcosts E26) A st
ll of lading indicating the payment of freight need not be identical to that
snottoconflictwithdatainthatdocument,anyotherstipulateddocumentorthe credit.
uiresabillofladingtobemarkedfreightpayableatdestination,it maybemarkedfr
t states that costs additional to freight are not acceptable, a bill of lading
hatcostsadditionaltothefreighthavebeenorwillbeincurred. b. An indication o
ight may be made by express reference to additional costs or by the use of t
to costs associated with the loading or unloading of goods, such as, but not
FI), Free Out (FO), Free In and Out (FIO) and Free In and OutStowed(FIOS).
ading to costs which may be levied, for example, as a result of a delay in
er thegoodshavebeen unloaded(demurragecosts)orcostscovering the latereturnof
osts)isnotanindicationofcostsadditionaltofreight. Releaseofgoodswithmoreth
ered E28) Abillofladingisnottoexpresslystatethatgoodscoveredbythatbillofl
urrendertogetherwithoneormoreotherbillsoflading,unlessallofthereferencedbill
epresentationunderthesamecredit. Forexample,ContainerXXXXiscoveredbyB/LNo.
oasingle merchant upon presentation of all bills of lading of that merchant
xpress statement that one or more other bills of lading, related to the refere
packing unit, must besurrenderedpriortothegoodsbeingreleased. NONNEGOTIABLESEA
onofUCP600Article21 F1) a. A requirement in a credit for the presentation o
ill, covering a porttoport shipment only, i.e., a credit that contains no ref
eceipt or taking in charge or place of final destination means that UCP 600 a
lied in the examinationofthatdocument. b. A nonnegotiable sea waybill is no
tion of a charter party as described in paragraphsG2)(a)and(b). Issuance,ca
fthecarrierandsigningofanonnegotiableseawaybill F2) a. A nonnegotiable sea
y entity other than a carrier or master (captain) provideditmeetstherequiremen
b. When a credit indicates Freight Forwarders nonnegotiable sea waybill is ac
F3)
F4)
F5)
F6) F7)
F8)
F9)
F10) F11)
F12)
F13)
F14)
F15)
F16) F17)
F18)
F19) F20) F21)
F22)
F23)
b.
c.
d.
e.
G6) G7)
G8)
G9)
G10) G11)
G12)
G13)
G14)
G15) G16) G17)
G18)
G19)
a. When a credit stipulates the details of one or more notify parties, a char
ing may alsoindicatethedetailsofoneormoreadditionalnotifyparties. b. i) When
late the details of a notify party, a charter party bill of lading may indica
notify party and in any manner (except as stated in paragraphG13)(b)(ii)).
ot stipulate thedetails of a notifyparty, but thedetails of theapplicant appe
a charter party bill of lading, and these details include the applicants addre
ails, they are not to conflict with those stated in the credit. When a credit
arty bill of lading to evidence goods consigned to or to the order of issuin
fy applicant or issuing bank, a charter party bill of lading is to indicate
nk or applicant, as applicable, but need not indicate their respective addresses
lsthatmaybestatedinthecredit. When the address and contact details of the a
f the consignee or notify party details,theyarenottoconflictwiththosestatedi
pment and determining the presentation period when multiple sets of charter part
garepresented Shipment on more than one vessel isapartial shipment, even if
e sameday for the samedestination. a. When a credit prohibits partial shipment
set of original charter party bills of lading are presented covering shipment f
orts of loading (as specifically allowed, or within a geographical area or rang
d in the credit), each set is to indicate that it covers the shipment of goo
d same journey and that the goods are destined forthesameportofdischarge,geo
rts. b. When a credit prohibits partial shipment, and more than one set of or
y bills of lading are presented in accordance with paragraph G17) (a) and inco
t dates of shipment,oronesetoforiginalcharterpartybillsofladingispresentedi
f shipment, the latest of these dates is to be used for the calculation of a
d and mustfallonorbeforethelatestshipmentdatestatedinthecredit. c. Whenpar
ethanonesetoforiginalcharterpartybillsofladingare presented as part of a s
der one covering schedule or letter and incorporate different dates of shipment,
vessels or the same vessel for a different journey, the earliest of these date
he calculation of any presentation period, and eachofthesedatesmustfallonorb
atestatedinthecredit. Cleancharterpartybilloflading A charter party bill of
a clause or clauses that expressly declare a defective conditionofthegoodsort
mple: a. Aclauseonacharterpartybillofladingsuchaspackagingisnotsufficient
ar effect is an example of a clause expressly declaring a defective condition
b. A clause on a charter party bill of lading such as packaging may not be
rneyorwordsofsimilareffectdoesnotexpresslydeclareadefectiveconditionofthepa
essary for the word clean to appear on a charter party bill of lading even
rterpartybillofladingtobemarkedcleanonboardorclean. b. Deletion of the
ding does not expressly declare a defective conditionofthegoodsortheirpackagin
H3)
H4)
H5) H6)
H7) H8)
H9)
H10) H11)
H12)
a. An air transport document may be issued by any entity other than a carrier
e requirementsofUCP600article23. b. When a credit indicates Freight Forwarder
table or House air waybill is acceptable or words of similar effect, an air
e signed by the issuing entitywithoutitbeingnecessarytoindicatethecapacityin
ameof thecarrier. A stipulation in a credit that Freight Forwarders airwaybi
use air waybill is not acceptable or words of similar effect has no meaning
tle, format, content or signingofanairtransportdocumentunlessthecreditprovides
ntsdetailinghowtheair transport document is to be issued and signed. In the
rements, such a stipulation is to be disregarded, and the air transport documen
o be examined according to the requirementsofUCP600article23. a. An air tran
signed in the form described in UCP 600 subarticle 23 (a) (i) andtoindicate
fiedasthecarrier. b. When an air transport document is signed by a named bra
signature is consideredtohavebeenmadebythecarrier. c. The carrier is to be
stead of an IATA airline code, for example, British AirwaysinsteadofBA,Lufthan
an agent signs an air transport document for [or on behalf of] the carrier,
nd, in addition, to indicate that it is signing as agent for (name), the car
of (name), the carrier or words of similar effect. When the carrier is identi
e document as the carrier, the named agent may sign, for example, as agent
rrierwithoutnamingthecarrieragain. Goodsacceptedforcarriage,dateofshipmentand
ldateofshipment Anairtransportdocumentistoindicatethatthegoodshavebeenaccep
lar effect. a. An air transport document is to indicate a date of issuance. T
ed to be the date of shipment unless an air transport document contains a spe
e actual date of shipment. In the latter event, the date stated in the notati
e the date of shipmentwhetherthatdateisbeforeoraftertheissuancedateoftheai
e absence of a specific notation containing the actual date of shipment, any o
appearing on an air transport document relative to this information (including,
in a box labeled For Carrier Use Only, Required Flight Date or Routing an
dedinthedeterminationofthedateofshipment. Airportsofdepartureanddestination A
ment is to indicate the airport of departure and airport of destination stated
en a credit indicates either of these airports by also stating the country in
s located,thenameofthecountryneednotbestated. Theairportofdepartureandairpo
dicatedbytheuseofIATAcodesinstead ofevidencingtheairportnameinfull(forexamp
. When a credit indicates a geographical area or range of airports of departur
for example, Any Chinese Airport or Shanghai, Beijing, Guangzhou airport), an
ent is to indicate the actual airport of departure or destination, which is to
graphical area or rangeofairports.Anairtransportdocumentneednotindicatethegeo
inalofanairtransportdocument An air transport documentis to appear to be the
r or shipper.When a credit requires
H13)
H14)
H15)
H16) H17)
H18) H19)
afullsetoforiginals,thisissatisfiedbythepresentationofanairtransportdocument
ginalforconsignororshipper. Consignee,orderpartyandnotifyparty a. Whena credi
rtdocumenttoevidencethatgoodsare consignedtoorderof (named entity), it may
e consigned to that entity, without mentioning toorderof. b. When a credit
t document to evidence that goods are consigned to order without naming the
he goods are to be consigned, it is to indicate that the goods are consigned
bank or the applicant, without the need to mention the wordstoorder. a. Whe
details of one or more notify parties, an air transport document may alsoindic
oreadditionalnotifyparties. b. i) Whenacreditdoesnotstipulatethedetailsofan
ocumentmay indicate the details of any notify party and in any manner (except
aph H14)(b)(ii)). ii) When a credit does not stipulate thedetails of a not
f theapplicant appear as notify party on an air transport document, and these
e applicants address and contact details, they are not to conflict with those
t. When a credit requires an air transport document to evidence goods consigned
pplicantornotifyapplicantor issuingbank,anair transportdocumentistoindica
icant,asapplicable,butneednotindicatetheirrespectiveaddressesoranycontact deta
hecredit. When the address and contact details of the applicant appear as part
r notify party details,theyarenottoconflictwiththosestatedinthecredit. Trans
pment and determining the presentation period when multiple air transportdocument
ed Transshipmentistheunloadingandreloadingofgoodsfromoneaircrafttoanotherduri
goods from the airport of departure to the airport of destination stated in th
ir transport document does not indicate unloading and reloading between these tw
t is not transshipmentinthecontextofthecreditandUCP600subarticles23(b)and
aircraft is a partial shipment, even if each aircraft leaves on the same day
on. a. Whenacreditprohibitspartialshipment,andmorethanoneairtransportdocument
ng dispatch from one or more airports of departure (as specifically allowed, or
phical area or range of airports stated in the credit), each air transport doc
tethatit covers thedispatchofgoodson thesameaircraftandsameflight andthatt
irportofdestination. b. Whenacreditprohibitspartialshipment,andmorethanoneair
epresented in accordance with paragraph H19) (a) and incorporate different dates
the latest of thesedatesistobeusedforthecalculationofanypresentationperioda
stshipmentdatestatedinthecredit. c. Whenpartialshipmentisallowed,andmorethan
sarepresentedaspart of a single presentation made under one covering schedule
porate different dates of dispatch or different flights, the earliest of these
ed for the calculation of any presentation period,and eachofthese datesmustfa
hipmentdatestatedin
J9)
J10)
J11) J12)
J13) J14)
K4)
K5) K6)
K7)
K8)
K9) K10)
K11) K12)
K13) K14)
K15)
be based on the full gross value of the goods as shown on the invoice or th
e requirementsofUCP600subarticle28(f)(ii). K16) Insurance covering the same
ent is to be covered under one document unless more than one insurance documen
icating partial cover, and each document clearly reflects, by percentageorotherw
ueofeachinsurerscover; b. that each insurer will bear its share of the li
out preconditions relating to anyotherinsurancecoverthatmayhavebeeneffectedfo
herespectivecoverageofthedocuments,whentotalled,equalsatleasttheinsuredamount
rUCP600subarticle28(f)(ii). Riskstobecovered K17) a. Aninsurancedocument
dit. b. Even though a credit may be explicit with regard to risks to be co
rence to exclusionclausesintheinsurancedocument. K18) When acredit requiresal
atisfiedbythepresentationofan insurancedocument evidencinganyallrisksclauseo
earstheheadingallrisks,evenwhenit is indicated that certain risks are exclu
nt indicating that it covers Institute Cargo Clauses (A) or Institute Cargo Cla
n dispatch is effected by air satisfies a condition inacreditcallingforanal
uredpartyandendorsement K19) An insurance document is to be in the form requi
, where necessary, be endorsed by theentitytowhoseorderorinwhosefavourclaims
itshouldnot requireaninsurancedocumenttobe issued to bearer, ortoorder.A
suredparty. b. When a credit requires an insurance document to be issued to
) the document need not indicate to order provided that the named entity is
yorclaimsarepayabletoit,andassignmentbyendorsementisnotexpresslyprohibited.
silent as to the insured party, an insurance document is not to evidence that
to the order of, or in favour of, the beneficiary or any entity other than t
icant, unless it is endorsed by the beneficiary or that entity in blank or in
korapplicant. b. An insurance document is to be issued or endorsed so that
ment under it passesupon,orpriorto,thereleaseofthedocuments. GeneralTermsa
ocument K22) Banksdonotexaminegeneraltermsandconditionsinaninsurancedocument.
23) Any indication on an insurance document regarding payment of an insurance p
isregardedunlesstheinsurancedocumentindicatesthatitisnotvalidunlessthepremium
nindicationthatthepremiumhasnotbeenpaid. CERTIFICATEOFORIGIN Basicrequiremen
tion L1) Whenacreditrequiresthepresentationofacertificateoforigin,thiswillbe
ionof asigneddocumentthatappearstorelatetotheinvoicedgoodsandcertifiestheir
requires the presentation of a specific form of certificate of origin such as
cumentinthatspecificformistobepresented. Issuerofacertificateoforigin
a. Acertificateoforiginistobeissuedbytheentitystatedinthecredit. b. Whena
suer,anyentitymayissueacertificateoforigin. c. i) Whenacreditrequiresthepre
riginissuedbythebeneficiary,the exporter or the manufacturer, this condition wi
fied by the presentation of a certificateoforiginissuedbyaChamberofCommerceo
tedto, Chamber of Industry, Association of Industry, Economic Chamber, Customs A
ndDepartmentofTradeorthelike,provideditindicatesthebeneficiary,theexporteror
semaybe. ii) When a credit requires the presentation of a certificate of
r of Commerce, this condition will also be satisfied by the presentation of a
gin issued by a Chamber of Industry, Association of Industry, Economic Chamber,
ritiesandDepartmentofTradeorthelike. Contentofacertificateoforigin L4) Ac
orelatetotheinvoicedgoods,forexample,by: a. a goods description that corres
dit or a description shown in general terms notinconflictwiththegoodsdescript
ferring to agoods description appearing in another stipulateddocument or in a
ttachedto,andforminganintegralpartof,thecertificateoforigin. L5) Consignee in
wn, is not to conflict with the consignee information in the transport document
a credit requires a transportdocument to be issuedtoorder, to theorder of
rofnominatedbank(ornegotiatingbank)orconsignedto issuing bank, a certificat
nsignee as any entity named in the credit except the beneficiary.Whenacredith
efirstbeneficiarymaybestatedtobetheconsignee. L6) Acertificateoforiginmayin
orteranentityotherthanthebeneficiaryofthe creditortheshipperasshownonanyot
When acreditindicatestheoriginofthegoodswithoutstipulatingarequirementforthe
icate of origin, any reference to the origin on a stipulated document is not
stated origin. For example, when a credit indicates origin of the goods: Germa
ng the presentationofacertificateoforigin,astatementonanystipulateddocumentin
igin ofthegoodsistobeconsideredaconflictofdata. L8) A certificate of origin
invoice number, invoice date and shipment routing to that indicated on one or
ated documents, provided the exporter or consignor shown on the certificateofor
iciary. PACKINGLIST,NOTEORSLIP(PackingList) Basicrequirementandfulfillingit
dit requires the presentation of a packing list, this will be satisfied by the
document titled as calledfor in the credit, or bearing a similar title or unt
its function by containinganyinformationastothepackingofthegoods. Issuerof
stistobeissuedbytheentitystatedinthecredit. M3) Whenacreditdoesnotindicat
ueapackinglist. Contentofapackinglist M4) When a credit indicates specific
without stipulating the document to indicate compliance with these requirements,
garding the packing of the goods mentioned on a packing list,ifpresented,aren
equirements. M5) A packing list may indicate a different invoice number, invoice
ment routing to that
L3)
indicated on one or more other stipulated documents, provided the issuer of the
not the beneficiary. M6) Banks only examine total values, including, but not li
quantities, total weights, total measurements or total packages, to ensurethat t
e total does not conflict with a total shown in thecreditandonanyotherstipu
T,NOTEORSLIP(WeightList) Basicrequirementandfulfillingitsfunction N1) When
sentation of a weight list, this will be satisfied by the presentation of a d
lledfor in the credit, or bearing a similar title oruntitled, thatfulfils its
inganyinformationastotheweightofthegoods. Issuerofaweightlist N2) Aweigh
nthecredit. N3) Whenacreditdoesnotindicatethenameofanissuer,anyentitymayi
tlist N4) When a credit indicates specific weight requirements, without stipulat
ent to indicate compliance with these requirements, any data regarding the weigh
mentioned on a weight list,ifpresented,arenottoconflictwiththoserequirements.
icateadifferentinvoicenumber,invoicedateandshipmentroutingtothatindicated ono
eddocuments,providedtheissueroftheweightlistisnotthebeneficiary. N6) Banks o
es, including, but not limited to, total quantities, total weights, total measur
al packages, to ensurethat the applicable total does not conflictwith a total
donanyotherstipulateddocument. BENEFICIARYSCERTIFICATE Basicrequirementandful
n P1) When a credit requires the presentation of a beneficiarys certificate, t
ied by the presentation of a signed document titled as called for in the cred
e reflecting the type of certification that has been requested or untitled, tha
nction by containing the data and certificationrequiredbythecredit. Signingof
icate P2) Abeneficiaryscertificateistobesignedby,orfor[oronbehalfof],theb
iaryscertificate P3) Datamentionedonabeneficiaryscertificatearenottoconflict
ecredit. P4) Thedataorcertificationmentionedonabeneficiaryscertificate: a.
o that required by the credit, but are to clearly indicate that the requiremen
edithasbeenfulfilled; b. need not include a goods description or any other
t or another stipulated document. ANALYSIS, INSPECTION, HEALTH, PHYTOSANITARY, QUA
ALITY AND OTHER CERTIFICATES(certificate) Basicrequirementandfulfillingitsfun
edit requires the presentation of such a certificate, this will be satisfied by
on of a signed document titled as called for in the credit, or bearing a sim
, that fulfils its function by certifying the outcome of the required action,
esults of the analysis, inspection,health,phytosanitary,quantityorqualityassessme
nacreditrequiresthepresentationofacertificatethatrelatestoanactionrequiredto
eofshipment,thecertificateistoindicate:
Q3) Q4) Q5)
Q6) Q7)
Q8)
Q9)
Q10) Q11)
a. anissuancedatethatisnolaterthanthedateofshipment;or b. wordingtotheeff
,oronthedateof,shipment,inwhichevent, whenanissuancedateisalsoindicated,it
tebutnolaterthan thedateofpresentationofthecertificate;or c. atitleindicati
pmentInspectionCertificate. Issuerofacertificate Acertificateistobeissuedbyt
t. When a credit does not indicate the name of an issuer, any entity includin
y issue a certificate. When a credit makes reference to an issuer of a certif
of its being independent, official, qualified or words of similar effect,
by any entity except the beneficiary. Contentsofacertificate Acertificatemayin
yasampleoftherequiredgoodshasbeentested,analyzedorinspected; b. aquantityth
hecreditoronanyotherstipulateddocument;or c. morehold,compartmentor tanknumb
lof ladingorcharterparty bill oflading. When a credit indicates specific requ
ct to analysis, inspection, health, phytosanitary, quantity or quality assessment
e, with or without stipulating the document to indicate compliance with these r
he data regarding the analysis, inspection, health, phytosanitary, quantity or qu
ssment or the like mentioned on the certificate or any other stipulated documen
twiththoserequirements. When a credit is silent as to the specific content to
ate, including, but not limited to, any required standard for determining the r
alysis, inspection or quality assessment, the certificate may include statements
it for human consumption, chemical composition may not meet required needs or
ect, provided such statements do not conflict with the credit,anyotherstipulate
. Consignee information, when shown, is not to conflict with the consignee info
ransport document. However, when a credit requires a transportdocument to be is
order of shipper,toorderofissuingbank,toorderofnominatedbank(ornegotiatin
certificate may show the consignee as any entity named in the credit except th
nacredithasbeentransferred,thefirstbeneficiarymaybestatedtobetheconsignee.
s the consignororexporteranentityotherthanthe beneficiaryofthecredit or the
pulateddocument. A certificate may indicate a different invoice number, invoice
ment routing to that indicated on one or more other stipulated documents, provi
r or consignor shown on the certificate is notthebeneficiary.