Isbp 821
Isbp 821
A1) Generally accepted abbreviations, such as, but not limited to, "Int'l" instead
of "International", "Co." instead of "Company", "kgs" or "kos" instead of
"kilograms" or "kilos", "Ind." instead of "Industry" or "Industries", "Ltd" instead of
"Limited", "mfr" instead of "manufacturer" or "mt" instead of "metric tons" may be
used in documents in substitution for a word or vice versa. A credit that includes
an abbreviation in its text allows a document to show the same abbreviation or
any other abbreviation that has the same meaning, or to show the complete
spelling of the word or vice versa.
A2) a. Virgules (i.e., slash marks "/") may result in different meanings and
should not be used as a substitute for a word. If, nevertheless, a virgule is used
and no context is apparent, this will allow the use of one or more of the options.
For example, a condition in a credit stating "Red/Black/Blue" with no further
clarification will mean only Red or only Black or only Blue or any combination of
them.
b. The use of a comma when indicating a range of data in a credit such as ports
of loading or discharge or countries of origin, may result in different meanings
and should not be used as a substitute for a word. If, nevertheless, a comma is
used and no context is apparent, this will allow the use of one or more of the
options. For example, when a credit allows partial shipment and indicates the
port of loading information as "Hamburg, Rotterdam, Antwerp" with no further
clarification, this will mean only Hamburg or only Rotterdam or only Antwerp or
any combination of them.
a. the date or year the vessel was built, and such date or year is no more than
25 years prior to the date of shipment or the year in which shipment was
effected, in which case a date of issuance is not necessary, or
b. the wording as stated in the credit, in which case a date of issuance is
required, thereby certifying that as of that date the vessel was not more than 25
years old.
b. Any data shown on a copy of a transport document, when read in context with
the credit, the document itself and international standard banking practice, need
not be identical to, but must not conflict with, data in that document, any other
stipulated document or the credit.
c. Copies of transport documents covered by UCP 600 articles 19 -25 are not
subject to the default presentation period of 21 calendar days stated in UCP 600
sub-article 14 (c) or any presentation period stated in the credit, unless the
credit explicitly states the basis for determining such presentation period.
Otherwise, a presentation may be made at any time, but in any event no later
than the expiry date of the credit.
A7) a. i. Any correction of data in a document issued by the beneficiary, with the
exception of drafts (see paragraph B16)), need not be authenticated.
ii. When a document issued by the beneficiary has been legalized, visaed,
certified, etc., any correction of data is to be authenticated by at least one of the
entities that legalized, visaed or certified, etc., the document. Such
authentication is to indicate the name of the entity authenticating the correction
either by use of a stamp incorporating its name, or by the addition of the name
of the authenticating entity accompanied by its signature or initials.
ii. When a document other than one issued by the beneficiary has been
legalized, visaed, certified, etc., any correction of data is, in addition to the
requirements of paragraph A7) (b) (i), to be authenticated by at least one of the
entities that legalized, visaed or certified, etc., the document. Such
authentication is to indicate the name of the entity authenticating the correction
either by use of a stamp incorporating its name, or by the addition of the name
of the authenticating entity accompanied by its signature or initials.
A8) When a document other than one issued by the beneficiary contains more
than one correction, either each correction is to be authenticated separately, or
one authentication is to indicate that it applies to all the corrections. For
example, when a document issued by XXX shows three corrections numbered 1,
2 and 3, one statement such as "Correction numbers 1, 2 and 3 authenticated by
XXX" or similar, together with the signature or initials of XXX, will satisfy the
requirement for authentication.
A9) The use of multiple type styles, font sizes or handwriting within the same
document does not, by itself, signify a correction.
Dates
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.
A12) a. A document, such as, but not limited to, a certificate of analysis,
inspection certificate or fumigation certificate, may indicate a date of issuance
later than the date of shipment.
c. When a credit requires a document such as, but not limited to, an "inspection
certificate", this does not constitute a requirement that the document is to
evidence a pre-shipment event, and it need not be dated prior to the date of
shipment.
A14) a. When a credit uses phrases to signify time on either side of a date or an
event, the following shall apply:
i. "not later than 2 days after (date or event)" means a latest date. If an advice or
document is not to be dated prior to a specified date or event, the credit should
so state.
ii. "at least 2 days before (date or event)" means that an act or event is to take
place not later than 2 days before that date or event. There is no limit as to how
early it may take place.
b. i. For the purpose of calculation of a period of time, the term "within" when
used in connection with a date or event excludes that date or the event date in
the calculation of the period. For example, "within 2 days of (date or event)"
means a period of 5 days commencing 2 days prior to that date or event until 2
days after that date or event.
ii. The term "within" when followed by a date or a reference to a determinable
date or event includes that date or event date. For example, "presentation to be
made within 14 May" or "presentation is to be made within credit validity (or
credit expiry)" where the expiry date of the credit is 14 May, means 14 May is
the last day upon which presentation is allowed, provided that 14 May is a
banking day.
A15) The words "from" and "after" when used to determine a maturity date or
period for presentation following the date of shipment, the date of an event or
the date of a document, exclude that date in the calculation of the period. For
example, 10 days after the date of shipment or 10 days from the date of
shipment, where the date of shipment was 4 May, will be 14 May.
A16) Provided that the date intended can be determined from the document or
from other documents included in the presentation, dates may be expressed in
any format. For example, the 14th of May 2013 could be expressed as 14 May
13, 14.05.2013, 14.05.13, 2013.05.14, 05.14.13, 130514, etc. To avoid any risk
of ambiguity, it is recommended that the month be stated in words.
A17) a. The fact that a document has a box, field or space for data to be
inserted does not necessarily mean that such box, field or space is to be
completed. For example, data are not required in the box titled "Accounting
Information" or "Handling Information" commonly found on an air waybill. Also
see paragraph A37) in respect of the requirements for a signature to appear in
any box, field or space.
b. There is no requirement for the applicant name, address and contact details
(if any) to appear in a specific box, field or space on an invoice. These details
need not be identified by the heading or prefix 'Applicant'.
Documents for which the UCP 600 transport articles do not apply
c. "third party documents acceptable" - all documents for which the credit or
UCP 600 do not indicate an issuer, except drafts, may be issued by a named
person or entity other than the beneficiary.
e. "exporting country" - one of the following: the country where the beneficiary is
domiciled, the country of origin of the goods, the country of receipt by the carrier
or the country from which shipment or dispatch is made.
Issuer of documents
Language
ii. When a credit allows a document to contain data in two or more acceptable
languages and a confirming bank or a nominated bank acting on its nomination
does not restrict the language or the number of acceptable languages as a
condition of its engagement in the credit, it is required to examine the data in all
of the acceptable languages appearing in the documents.
d. Banks do not examine data that have been inserted in a language that is
additional to that required or allowed in the credit.
e. Notwithstanding paragraphs A21) (a) and (d), the name of a person or entity,
any stamps, legalization, endorsements or similar, and the pre -printed text
shown on a document, such as, but not limited to, field headings, may be in a
language other than that required in the credit.
Mathematical calculations
A23) A misspelling or typing error that does not affect the meaning of a word or
the sentence in which it occurs does not make a document discrepant. For
example, a description of the goods shown as "mashine" instead of "machine",
"fountan pen" instead of "fountain pen" or "modle" instead of "model" would not
be regarded as a conflict of data under UCP 600 sub-article 14 (d). However, a
description shown as, for example, "model 123" instead of "model 321" will be
regarded as a conflict of data under that sub-article.
A24) When a document consists of more than one page, it must be possible to
determine that the pages are part of the same document. Unless a document
provides otherwise, pages which are physically bound together, sequentially
numbered or contain internal cross references, however named or titled, will
meet this requirement and are to be examined as one document, even if some of
the pages are regarded as an attachment or rider.
A28) Documents issued in more than one original may be marked "Original",
"Duplicate", "Triplicate", "First Original", "Second Original", etc. None of these
markings will disqualify a document as an original.
c. When a credit requires presentation of less than a full set of original transport
documents, (for example, "2/3 original bills of lading"), but does not provide any
disposal instructions for the remaining original bill of lading, a presentation may
include 3/3 original bills of lading.
b. Copies of document need not be signed, even when a credit states that all
documents are to be manually signed.
Shipping marks
A33) A shipping mark indicated on a document may show data in excess of what
would normally be considered a "shipping mark", or which is specified in the
credit as a "shipping mark", by the addition of information such as, but not
limited to, the type of goods, warnings concerning the handling of fragile goods
or net and gross weight of the goods.
Signatures
b. When a signatory indicates it is signing for [or on behalf of] a branch of the
issuer, the signature will be considered to be that of the issuer.
A37) The fact that a document has a box, field or space for a signature does not
in itself mean that such box, field or space is to be completed with a signature.
For example, a signature is not required in the space titled "Signature of shipper
or their agent" commonly found on an air waybill or "Signature of shipper" on a
road transport document. Also see paragraph A17) in respect of the
requirements for data to appear in a box, field or space.
A38) When a document includes wording such as "This document is not valid
unless countersigned [or signed] by (name of the person or entity)" or words of
similar effect, the applicable box, field or space is to contain a signature and the
name of the person or entity that is countersigning the document.
A39) Documents may be titled as called for in the credit, bear a similar title or be
untitled. The content of a document must appear to fulfil the function of the
required document. For example, a requirement for a "Packing List" will be
satisfied by a document containing packing details whether it is titled "Packing
List", "Packing Note", "Packing and Weight List", etc., or bears no title.
A41) A document required by a credit that is to cover more than one function
may be presented as a single document or separate documents that appear to
fulfil each function. For example, a requirement for a Certificate of Quality and
Quantity will be satisfied by the presentation of a single document or by a
separate Certificate of Quality and Certificate of Quantity provided that each
document appears to fulfil its function and is presented in the number of
originals and copies as required by the credit.
Basic requirement
B1) a. A draft, when required, is to be drawn on the bank stated in the credit.
b. Banks only examine a draft to the extent described in paragraphs B2) -B17).
Tenor
B2) a. The tenor stated on a draft is to be in accordance with the terms of the
credit.
For example, when a credit calls for drafts at a tenor 60 days after the bill of
lading date, and when the date of the bill of lading is 14 May 2013, the tenor is
to be indicated on the draft in one of the following ways:
iii. "60 days after bill of lading date" and elsewhere on the face of the draft state
"bill of lading date 14 May 2013" or
iv. "60 days date" on a draft dated the same day as the date of the bill of lading,
or
v. "13 July 2013", i.e., 60 days after the bill of lading date.
c. When the tenor refers to, for example, 60 days after the bill of lading date, the
on board date is deemed to be the bill of lading date even when the on board
date is prior to or later than the date of issuance of the bill of lading.
d. The words "from" and "after" when used to determine maturity dates of drafts
signify that the calculation of the maturity date commences the day following the
date of the document, shipment or the date of an event stipulated in the credit,
for example, 10 days after or from 4 May is 14 May.
e. i. When a credit requires a bill of lading and drafts are to be drawn, for
example, at 60 days after or from the bill of lading date and a bill of lading is
presented evidencing unloading and reloading of the goods from one vessel to
another, and showing more than one dated on board notation and indicating that
each shipment was effected from a port within a permitted geographical area or
range of ports, the earliest of these dates is to be used for the calculation of the
maturity date. For example, a credit requires shipment from any European port,
and the bill of lading evidences on board vessel "A" from Dublin on 14 May, with
transhipment effected on board vessel "B" from Rotterdam on 16 May. The draft
should reflect 60 days after the earliest on board date in a European port, i.e.,
14 May.
ii. When a credit requires a bill of lading and drafts are to be drawn, for example,
at 60 days after or from the bill of lading date, and a bill of lading is presented
evidencing shipment of goods on the same vessel from more than one port
within a permitted geographical area or range of ports, and shows more than
one dated on board notation, the latest of these dates is to be used for the
calculation of the maturity date. For example, a credit requires shipment from
any European port, and the bill of lading evidences part of the goods loaded on
board vessel "A" from Dublin on 14 May and the remainder on board the same
vessel from Rotterdam on 16 May. The draft should reflect 60 days after the
latest on board date, i.e., 16 May.
iii. When a credit requires a bill of lading and drafts are to be drawn, for
example, at 60 days after or from the bill of lading date, and more than one set
of bills of lading is presented under one draft, the on board date of the latest bill
of lading will be used for the calculation of the maturity date.
B3) While the examples in paragraphs B2) (e) (i-iii) refer to bill of lading dates,
the same principles apply to any basis for determining a maturity date.
Maturity date
B4) When a draft states a maturity date by using an actual date, that date is to
reflect the terms of the credit.
B5) For drafts drawn, for example, "at 60 days sight", the maturity date is
established as follows:
i. when such drawee bank has not provided a notice of refusal, the maturity date
will be 60 days after the day of presentation to it;
ii. when the drawee bank is the issuing bank and it has provided a notice of
refusal at the latest 60 days after the date the issuing bank accepts the waiver
of the applicant;
iii. when the drawee bank is a bank other than the issuing bank and it has
provided a notice of refusal, at the latest 60 days after the date of the
acceptance advice of the issuing bank. When such drawee bank does not agree
to act on the acceptance advice of the issuing bank, the undertaking to honour
on the due date is that of the issuing bank.
c. The drawee bank is to advise or confirm the maturity date to the presenter.
B6) The method of calculation of tenor and maturity dates, as shown above, also
applies to a credit available by deferred payment or, in some cases, negotiation,
i.e., when there is no requirement for a draft to be presented by the beneficiary.
B7) Payment is to be made in immediately available funds on the due date at the
place where the draft or documents are payable, provided that such due date is
a banking day in that place. When the due date is a non -banking day, payment
is due on the first banking day following the due date. Delays in the remittance
of funds, for example grace days, the time it takes to remit funds, etc., are not to
be in addition to the stated or agreed due date as defined by the draft or
documents.
B8) a. A draft is to be drawn and signed by the beneficiary and to indicate a date
of issuance.
b. When the beneficiary or second beneficiary has changed its name, and the
credit mentions the former name, a draft may be drawn in the name of the new
entity provided that it indicates "formerly known as (name of the beneficiary or
second beneficiary)" or words of similar effect.
B9) When a credit indicates the drawee of a draft by only stating the SWIFT
address of a bank, the draft may show the drawee with the same details or the
full name of the bank.
B11) When a credit is available by acceptance with any bank, the draft is to be
drawn on the bank that agrees to accept the draft and is thereby willing to act on
its nomination.
a. a nominated bank or any bank, and the draft is to be drawn on that nominated
bank (which is not a confirming bank), and it decides not to act on its
nomination, the beneficiary may choose to:
i. draw the draft on the confirming bank, if any, or request that the presentation
be forwarded to the confirming bank in the form as presented;
ii. present the documents to another bank that agrees to accept a draft drawn on
it and thereby act on its nomination (applicable only when the credit is available
with any bank); or
iii. request that the presentation be forwarded to the issuing bank in the form as
presented with or without a draft drawn on the issuing bank.
b. a confirming bank, and the draft is to be drawn on that confirming bank and
the presentation is non-complying, and it decides not to reinstate its
confirmation, the beneficiary may request that the presentation be forwarded to
the issuing bank in the form as presented, with or without a draft drawn on the
issuing bank.
Amounts
B13) A draft is to be drawn for the amount demanded under the presentation.
B14) The amount in words is to accurately reflect the amount in figures when
both are shown, and indicate the currency as stated in the credit. When the
amount in words and figures are in conflict, the amount in words is to be
examined as the amount demanded.
Endorsement
B18) a. A credit must not be issued available by a draft drawn on the applicant.
• Invoices
Paragraph C1 to C15
Title of invoice
Issuer of an invoice
C2) a. An invoice is to appear to have been issued by the beneficiary or, in the
case of a transferred credit, the second beneficiary.
b. When the beneficiary or second beneficiary has changed its name and the
credit mentions the former name, an invoice may be issued in the name of the
new entity provided that it indicates "formerly known as (name of the beneficiary
or second beneficiary)" or words of similar effect.
Description of the goods, services or performance and other general
issues related to invoices
C3) The description of the goods, services or performance shown on the invoice
is to correspond with the description shown in the credit. There is no
requirement for a mirror image. For example, details of the goods may be stated
in a number of areas within the invoice which, when read together, represent a
description of the goods corresponding to that in the credit.
For example, when a credit requires shipment of "Suede Shoes", but the invoice
describes the goods as "Imitation Suede Shoes", or when the credit requires
"Hydraulic Drilling Rig", but the invoice describes the goods as "Second Hand
Hydraulic Drilling Rig", these descriptions would represent a change in nature,
classification or category of the goods.
C7) When a credit is issued in USD, and the invoice currency is shown as a “$”
sign, without further qualification, the invoice will fulfil the requirement of UCP
600 subarticle 18 (a) (iii) of being made out in the same currency as the credit,
unless data in the invoice itself, such as the domicile of the beneficiary is in a
country whose currency is denominated in dollars and/or is commonly referred
to with a “$” sign, or another presented document implies that the “$” sign may
refer to a currency other than USD.
C9) When a trade term is stated as part of the goods description in the credit, an
invoice is to indicate that trade term, and when the source of the trade term is
stated, the same source is to be indicated. For example, a trade term indicated
in a credit as "CIF Singapore Incoterms 2010" is not to be indicated on an
invoice as "CIF Singapore" or "CIF Singapore Incoterms". However, when a
trade term is stated in the credit as "CIF Singapore" or "CIF Singapore
Incoterms", it may also be indicated on an invoice as "CIF Singapore Incoterms
2010" or any other revision.
C12) Any total quantity of goods and their weight or measurement shown on the
invoice is not to conflict with the same data appearing on other documents.
b. goods, services or performance not called for in the credit. This applies even
when the invoice includes additional quantities of goods, services or
performance as required by the credit or samples and advertising material and
are stated to be free of charge.
C14) The quantity of goods required in the credit may be indicated on an invoice
within a tolerance of +/-5%. A variance of up to +5% in the quantity of the goods
does not allow the amount demanded under the presentation to exceed the
amount of the credit. The tolerance of +/-5% in the quantity of the goods will not
apply when:
ii. When partial drawings or shipments are allowed, any number of drawings or
shipments is permitted within each instalment.
i. this is not an instalment schedule as envisaged by UCP 600, and article 32 will
not apply. The presentation is to otherwise comply with any instructions in
respect of the drawing or shipment schedule and UCP 600 article 31;
ii. when partial drawings or shipments are allowed, any number of drawings or
shipments is permitted on or before each latest date for a drawing or shipment
to occur.
D2) In all places where the term "multimodal transport document" is used within
this publication, it also includes the term "combined transport document". The
transport document presented need not be titled "Multimodal transport
document" or "Combined transport document" or words of similar effect even
when the credit so names the required document.
D3) a. A multimodal transport document may be issued by any entity other than
a carrier or master (captain) provided it meets the requirements of UCP 600
article 19.
c. When an agent signs a multimodal transport document for [or on behalf of] the
carrier, the agent is to be named and, in addition, to indicate that it is signing as
"agent for (name), the carrier" or as "agent on behalf of (name), the carrier" or
words of similar effect. When the carrier is identified elsewhere in the document
as the "carrier", the named agent may sign, for example, as "agent for [or on
behalf of] the carrier" without naming the carrier again.
f. When an agent signs a multimodal transport document for [or on behalf of] the
master (captain), the agent is to be named and, in addition, to indicate that it is
signing as "agent for the master (or captain)" or as "agent on behalf of the
master (or captain)" or words of similar effect. The name of the master (captain)
need not be stated.
D7) When a credit requires shipment to commence from a port, i.e., when the
first leg of the journey, as required by the credit, is by sea, a multimodal
transport document is to indicate a dated on board notation, and in this event
paragraph E6) (b-d) will also apply.
D8) In a multimodal transport document, when a credit requires shipment to
commence from a port, the named port of loading should appear in the port of
loading field. However, it may also be stated in the field headed "Place of
receipt" or words of similar effect, provided there is a dated on board notation
evidencing that the goods were shipped on board a named vessel at the port
stated under "Place of receipt" or words of similar effect.
b. However, the named port of discharge may be stated in the field headed
"Place of final destination" or words of similar effect provided there is a notation
evidencing that the port of discharge is that stated under "Place of final
destination" or words of similar effect. For example, when a credit requires
shipment to be effected to Felixstowe, but Felixstowe is shown as the place of
final destination instead of the port of discharge, this may be evidenced by a
notation stating "Port of discharge Felixstowe".
D17) a. When a multimodal transport document is issued "to order" or "to order
of the shipper", it is to be endorsed by the shipper. An endorsement may be
made by a named entity other than the shipper, provided the endorsement is
made for [or on behalf of] the shipper.
D18) a. When a credit stipulates the details of one or more notify parties, a
multimodal transport document may also indicate the details of one or more
additional notify parties.
b. i. When a credit does not stipulate the details of a notify party, a multimodal
transport document may indicate the details of any notify party and in any
manner (except as stated in paragraph D18) (b) (ii)).
ii. When a credit does not stipulate the details of a notify party, but the details of
the applicant appear as notify party on a multimodal transport document, and
these details include the applicant's address and contact details, they are not to
conflict with those stated in the credit.
D20) When the address and contact details of the applicant appear as part of
the consignee or notify party details, they are not to conflict with those stated in
the credit.
D22) Shipment on more than one means of conveyance (more than one truck
[lorry], vessel, aircraft, etc.) is a partial shipment, even when such means of
conveyance leaves on the same day for the same destination.
D23) a. When a credit prohibits partial shipment, and more than one set of
original multimodal transport documents are presented covering receipt,
dispatch, taking in charge or shipment from one or more points of origin (as
specifically allowed, or within a geographical area or range of places stated in
the credit), each set is to indicate that it covers the carriage of goods on the
same means of conveyance and same journey and that the goods are destined
for the same destination.
b. When a credit prohibits partial shipment, and more than one set of original
multimodal transport documents are presented in accordance with paragraph
D23) (a) and incorporate different dates of receipt, dispatch, taking in charge, or
shipment, the latest of these dates is to be used for the calculation of any
presentation period and must fall on or before the latest date of receipt,
dispatch, taking in charge or shipment stated in the credit.
c. When partial shipment is allowed, and more than one set of original
multimodal transport documents are presented as part of a single presentation
made under one covering schedule or letter and incorporate different dates of
receipt, dispatch, taking in charge or shipment, on different means of
conveyance, the earliest of these dates is to be used for the calculation of any
presentation period, and each of these dates must fall on or before the latest
date of receipt, dispatch, taking in charge or shipment stated in the credit.
For example:
Goods description
D31) a. When a credit states that costs additional to freight are not acceptable,
a multimodal transport document is not to indicate that costs additional to the
freight have been or will be incurred.
For example, "Container XXXX is covered by B/L No. YYY and ZZZ, and can
only be released to a single merchant upon presentation of all multimodal
transport documents of that merchant" is considered to be an express statement
that one or more other multimodal transport documents, related to the
referenced container or packing unit, must be surrendered prior to the goods
being released.
• Bill of Lading
Paragraph E1 to E28
E2) A bill of lading need not be titled "marine bill of lading", "ocean bill of
lading", "port-to-port bill of lading" or words of similar effect even when the credit
so names the required document.
E3) a. A bill of lading may be issued by any entity other than a carrier or master
(captain), provided it meets the requirements of UCP 600 article 20.
E4) A stipulation in a credit that "Freight Forwarder's Bills of Lading are not
acceptable" or "House Bills of Lading are not acceptable" or words of similar
effect has no meaning in the context of the title, format, content or signing of a
bill of lading unless the credit provides specific requirements detailing how the
bill of lading is to be issued and signed. In the absence of these requirements,
such a stipulation is to be disregarded, and the bill of lading presented is to be
examined according to the requirements of UCP 600 article 20.
E5) a. A bill of lading is to be signed in the form described in UCP 600 sub -
article 20 (a) (i) and to indicate the name of the carrier, identified as the carrier.
b. When a bill of lading is signed by a named branch of the carrier, the signature
is considered to have been made by the carrier.
c. When an agent signs a bill of lading for [or on behalf of] the carrier, the agent
is to be named and, in addition, to indicate that it is signing as "agent for
(name), the carrier" or as "agent on behalf of (name), the carrier" or words of
similar effect. When the carrier is identified elsewhere in the document as the
"carrier", the named agent may sign, for example, as "agent for [or on behalf of]
the carrier" without naming the carrier again.
d. When the master (captain) signs a bill of lading, the signature of the master
(captain) is to be identified as the "master" ("captain"). The name of the master
(captain) need not be stated.
e. When the master (captain) signs a bill of lading, the signature may be
accompanied by a stamp that incorporates the name of the vessel. Even if the
stamp also mentions the name of the owner, the bill of lading will be considered
to have been signed by the master (captain). This stamp is often referred to as
the ‘ship’s stamp’.
f. When an agent signs a bill of lading for [or on behalf of] the master (captain),
the agent is to be named and, in addition, to indicate that it is signing as "agent
for the master (or captain)", or as "agent on behalf of the master (or captain)" or
words of similar effect. The name of the master (captain) need not be stated.
b. Notwithstanding that a credit may require a bill of lading to evidence a port -to-
port shipment:
i. when a bill of lading indicates a place of receipt that is the same as the port of
loading, for example, place of receipt Rotterdam CY and the port of loading
Rotterdam, and there is no indication of a means of pre -carriage (either in the
pre-carriage field or the place of receipt field); or
ii. when a bill of lading indicates a place of receipt different from the port of
loading, for example, place of receipt Amsterdam and port of loading Rotterdam,
and there is no indication of a means of pre-carriage (either in the pre-carriage
field or the place of receipt field), then:
(a) when a bill of lading is pre-printed "shipped on board", the date of issue will
be deemed to be the date of shipment, and no further on board notation is
required.
(b) when a bill of lading is pre-printed "received for shipment", a dated on board
notation is required, and the date appearing in the notation will be deemed to be
the date of shipment. The on board date may also be indicated in a designated
field or box.
c. Notwithstanding that a credit may require a bill of lading to evidence a port -to-
port shipment, when a bill of lading:
i. indicates a place of receipt different from the port of loading, for example,
place of receipt Amsterdam and port of loading Rotterdam, and there is an
indication of a means of pre-carriage (either in the pre-carriage field or the place
of receipt field), regardless of whether it is pre-printed "shipped on board" or
"received for shipment", it is to bear a dated on board notation which also
indicates the name of the vessel and the port of loading stated in the credit.
Such notation may also appear in a designated field or box. The date appearing
in the on board notation or designated field or box will be deemed to be the date
of shipment.
ii. indicates a means of pre-carriage (either in the pre-carriage field or the place
of receipt field), no matter if no place of receipt is stated or whether it is pre -
printed "shipped on board" or "received for shipment", it is to bear a dated on
board notation which also indicates the name of the vessel and the port of
loading stated in the credit. Such notation may also appear in a designated field
or box. The date appearing in the on board notation or designated field or box
will be deemed to be the date of shipment.
d. When a bill of lading indicates wording such as "When the place of receipt
box has been completed, any notation on this bill of lading of "on board",
"loaded on board" or words of similar effect shall be deemed to be on board the
means of transportation performing the carriage from the place of receipt to the
port of loading" or words of similar effect, and if, in addition, the place of receipt
box is completed, a bill of lading is to bear a dated on board notation. The dated
on board notation is also to indicate the name of the vessel and the port of
loading stated in the credit. Such notation may also appear in a designated field
or box. The date appearing in the on board notation or designated field or box
will be deemed to be the date of shipment.
e. The named port of loading, as required by the credit, should appear in the
port of loading field on a bill of lading. However, it may also be stated in the field
headed "Place of receipt" or words of similar effect, provided there is a dated on
board notation evidencing that the goods were shipped on board a named
vessel at the port stated under "Place of receipt" or words of similar effect.
f. A bill of lading is to indicate the port of loading stated in the credit. When a
credit indicates the port of loading by also stating the country in which the port is
located, the name of the country need not be stated.
h. When a bill of lading indicates more than one port of loading, it is to evidence
an on board notation with the relevant on board date for each port of loading,
regardless of whether it is pre-printed "received for shipment" or "shipped on
board". For example, when a bill of lading indicates that shipment has been
effected from Brisbane and Adelaide, a dated on board notation is required for
both Brisbane and Adelaide.
E7) Terms such as "Shipped in apparent good order", "Laden on board", "Clean
on board" or other phrases that incorporate "shipped" or "on board" have the
same effect as the words "Shipped on board".
Port of discharge
E8) a. The named port of discharge, as required by the credit, should appear in
the port of discharge field within a bill of lading.
b. However, the named port of discharge may be stated in the field headed
"Place of final destination" or words of similar effect provided there is a notation
evidencing that the port of discharge is that stated under "Place of final
destination" or words of similar effect. For example, when a credit requires
shipment to be effected to Felixstowe, but Felixstowe is shown as the place of
final destination instead of the port of discharge, this may be evidenced by a
notation stating "Port of discharge Felixstowe".
E9) A bill of lading is to indicate the port of discharge stated in the credit. When
a credit indicates the port of discharge by also stating the country in which the
port is located, the name of the country need not be stated.
E12)When a credit requires a bill of lading to evidence that goods are consigned
to a named entity, for example, "consigned to (named entity)" (i.e., a "straight"
bill of lading or consignment) rather than "to order" or "to order of (named
entity)", it is not to contain the expressions "to order" or "to order of" preceding
the named entity, or the expression "or order" following the named entity,
whether typed or pre-printed.
E13) a. When a bill of lading is issued "to order" or "to order of the shipper", it is
to be endorsed by the shipper. An endorsement may be made by a named entity
other than the shipper, provided the endorsement is made for [or on behalf of]
the shipper.
b. When a credit requires a bill of lading to evidence that goods are consigned
"to order of (named entity)", it is not to indicate that the goods are straight
consigned to that named entity.
E14) a. When a credit stipulates the details of one or more notify parties, a bill
of lading may also indicate the details of one or more additional notify parties.
b. i. When a credit does not stipulate the details of a notify party, a bill of lading
may indicate the details of any notify party and in any manner (except as stated
in paragraph E14) (b) (ii)).
ii. When a credit does not stipulate the details of a notify party, but the details of
the applicant appear as notify party on a bill of lading, and these details include
the applicant's address and contact details, they are not to conflict with those
stated in the credit.
E16) When the address and contact details of the applicant appear as part of
the consignee or notify party details, they are not to conflict with those stated in
the credit.
Transhipment, partial shipment and determining the presentation period
when multiple sets of bills of lading are presented
E17) Transhipment is the unloading and reloading of goods from one vessel to
another during the carriage of those goods from the port of loading to the port of
discharge stated in the credit. When a bill of lading does not indicate unloading
and reloading between these two ports, it is not transhipment in the context of
the credit and UCP 600 sub-articles 20 (b) and (c).
E18) Shipment on more than one vessel is a partial shipment, even if each
vessel leaves on the same day for the same destination.
E19) a. When a credit prohibits partial shipment, and more than one set of
original bills of lading are presented covering shipment from one or more ports
of loading (as specifically allowed, or within a geographical area or range of
ports stated in the credit), each set is to indicate that it covers the shipment of
goods on the same vessel and same journey and that the goods are destined for
the same port of discharge.
b. When a credit prohibits partial shipment, and more than one set of original
bills of lading are presented in accordance with paragraph E19) (a) and
incorporate different dates of shipment, the latest of these dates is to be used
for the calculation of any presentation period and must fall on or before the
latest shipment date stated in the credit.
c. When partial shipment is allowed, and more than one set of original bills of
lading are presented as part of a single presentation made under one covering
schedule or letter and incorporate different dates of shipment, on different
vessels or the same vessel for a different journey, the earliest of these dates is
to be used for the calculation of any presentation period, and each of these
dates must fall on or before the latest shipment date stated in the credit.
E20) A bill of lading is not to include a clause or clauses that expressly declare
a defective condition of the goods or their packaging.
For example:
a. A clause on a bill of lading such as "packaging is not sufficient for the sea
journey" or words of similar effect is an example of a clause expressly declaring
a defective condition of the packaging.
b. A clause on a bill of lading such as "packaging may not be sufficient for the
sea journey" or words of similar effect does not expressly declare a defective
condition of the packaging.
E21)a. It is not necessary for the word "clean" to appear on a bill of lading even
when the credit requires a bill of lading to be marked "clean on board" or
"clean".
b. Deletion of the word "clean" on a bill of lading does not expressly declare a
defective condition of the goods or their packaging.
Goods description
E23) When a credit requires a bill of lading to indicate the name, address and
contact details of a delivery agent or words of similar effect, at or for the port of
discharge, the address need not be one that is located at the port of discharge
or within the same country as that of the port of discharge.
E27) a. When a credit states that costs additional to freight are not acceptable, a
bill of lading is not to indicate that costs additional to the freight have been or
will be incurred.
E28) A bill of lading is not to expressly state that goods covered by that bill of
lading will only be released upon its surrender together with one or more other
bills of lading, unless all of the referenced bills of lading form part of the same
presentation under the same credit.
For example, "Container XXXX is covered by B/L No. YYY and ZZZ and can only
be released to a single merchant upon presentation of all bills of lading of that
merchant" is considered to be an express statement that one or more other bills
of lading, related to the referenced container or packing unit, must be
surrendered prior to the goods being released.
F2) a. A non-negotiable sea waybill may be issued by any entity other than a
carrier or master (captain) provided it meets the requirements of UCP 600 article
21.
b. When a credit indicates "Freight Forwarder's non-negotiable sea waybill is
acceptable" or "House non-negotiable sea waybill is acceptable" or words of
similar effect, a non-negotiable sea waybill may be signed by the issuing entity
without it being necessary to indicate the capacity in which it has been signed or
the name of the carrier.
F3) A stipulation in a credit that "Freight Forwarder's non -negotiable sea waybill
is not acceptable" or "House non-negotiable sea waybill is not acceptable" or
words of similar effect has no meaning in the context of the title, format, content
or signing of a non-negotiable sea waybill unless the credit provides specific
requirements detailing how the non-negotiable sea waybill is to be issued and
signed. In the absence of these requirements, such a stipulation is to be
disregarded, and the non-negotiable sea waybill presented is to be examined
according to the requirements of UCP 600 article 21.
c. When an agent signs a non-negotiable sea waybill for [or on behalf of] the
carrier, the agent is to be named and, in addition, to indicate that it is signing as
"agent for (name), the carrier" or as "agent on behalf of (name), the carrier" or
words of similar effect. When the carrier is identified elsewhere in the document
as the "carrier", the named agent may sign, for example, as "agent for [or on
behalf of] the carrier" without naming the carrier again.
d. When the master (captain) signs a non-negotiable sea waybill, the signature
of the master (captain) is to be identified as the "master" ("captain"). The name
of the master (captain) need not be stated.
e. When the master (captain) signs a non-negotiable sea waybill, the signature
may be accompanied by a stamp that incorporates the name of the vessel. Even
if the stamp also mentions the name of the owner, the non -negotiable sea
waybill will be considered to have been signed by the master (captain). This
stamp is often referred to as the ‘ship’s stamp’.
f. When an agent signs a non-negotiable sea waybill for [or on behalf of] the
master (captain), the agent is to be named and, in addition, to indicate that it is
signing as "agent for the master (or captain)", or as "agent on behalf of the
master (or captain)" or words of similar effect. The name of the master (captain)
need not be stated.
On board notation, date of shipment, pre-carriage, place of receipt and port
of loading
i. when a non-negotiable sea waybill indicates a place of receipt that is the same
as the port of loading, for example, place of receipt Rotterdam CY and the port
of loading Rotterdam, and there is no indication of a means of pre -carriage
(either in the pre-carriage field or the place of receipt field); or
ii. when a non-negotiable sea waybill indicates a place of receipt different from
the port of loading, for example, place of receipt Amsterdam and port of loading
Rotterdam, and there is no indication of a means of pre -carriage (either in the
pre-carriage field or the place of receipt field), then:
i. indicates a place of receipt different from the port of loading, for example,
place of receipt Amsterdam and port of loading Rotterdam, and there is an
indication of a means of pre-carriage (either in the pre-carriage field or the place
of receipt field), regardless of whether it is pre-printed "shipped on board" or
"received for shipment", it is to bear a dated on board notation which also
indicates the name of the vessel and the port of loading stated in the credit.
Such notation may also appear in a designated field or box. The date appearing
in the on board notation or designated field or box will be deemed to be the date
of shipment.
ii. indicates a means of pre-carriage (either in the pre-carriage field or the place
of receipt field), no matter if no place of receipt is stated or whether it is pre -
printed "shipped on board" or "received for shipment", it is to bear a dated on
board notation which also indicates the name of the vessel and the port of
loading stated in the credit. Such notation may also appear in a designated field
or box. The date appearing in the on board notation or designated field or box
will be deemed to be the date of shipment.
e. The named port of loading, as required by the credit, should appear in the
port of loading field on a non-negotiable sea waybill. However, it may also be
stated in the field headed "Place of receipt" or words of similar effect, provided
there is a dated on board notation evidencing that the goods were shipped on
board a named vessel at the port stated under "Place of receipt" or words of
similar effect.
h. When a non-negotiable sea waybill indicates more than one port of loading, it
is to evidence an on board notation with the relevant on board date for each port
of loading, regardless of whether it is pre-printed "received for shipment" or
"shipped on board". For example, when a non-negotiable sea waybill indicates
that shipment has been effected from Brisbane and Adelaide, a dated on board
notation is required for both Brisbane and Adelaide.
F6) Terms such as "Shipped in apparent good order", "Laden on board", "Clean
on board" or other phrases that incorporate "shipped" or "on board" have the
same effect as the words "Shipped on board".
Port of discharge
F7) a. The named port of discharge, as required by the credit, should appear in
the port of discharge field within a non-negotiable sea waybill.
b. However, the named port of discharge may be stated in the field headed
"Place of final destination" or words of similar effect provided there is a notation
evidencing that the port of discharge is that stated under "Place of final
destination" or words of similar effect. For example, when a credit requires
shipment to be effected to Felixstowe, but Felixstowe is shown as the place of
final destination instead of the port of discharge, this may be evidenced by a
notation stating "Port of discharge Felixstowe".
F8) A non-negotiable sea waybill is to indicate the port of discharge stated in the
credit. When a credit indicates the port of discharge by also stating the country
in which the port is located, the name of the country need not be stated.
F12) a. When a credit stipulates the details of one or more notify parties, a non -
negotiable sea waybill may also indicate the details of one or more additional
notify parties.
b. i. When a credit does not stipulate the details of a notify party, a non -
negotiable sea waybill may indicate the details of any notify party and in any
manner (except as stated in paragraph F12) (b) (ii)).
ii. When a credit does not stipulate the details of a notify party, but the details of
the applicant appear as notify party on a non-negotiable sea waybill, and these
details include the applicant's address and contact details, they are not to
conflict with those stated in the credit.
F14) When the address and contact details of the applicant appear as part of the
consignee or notify party details, they are not to conflict with those stated in the
credit.
F15) Transhipment is the unloading and reloading of goods from one vessel to
another during the carriage of those goods from the port of loading to the port of
discharge stated in the credit. When a non-negotiable sea waybill does not
indicate unloading and reloading between these two ports, it is not transhipment
in the context of the credit and UCP 600 sub-articles 21 (b) and (c).
F16) Shipment on more than one vessel is a partial shipment, even if each
vessel leaves on the same day for the same destination.
F17) a. When a credit prohibits partial shipment, and more than one set of
original non-negotiable sea waybills are presented covering shipment from one
or more ports of loading (as specifically allowed, or within a geographical area
or range of ports stated in the credit), each set is to indicate that it covers the
shipment of goods on the same vessel and same journey and that the goods are
destined for the same port of discharge.
b. When a credit prohibits partial shipment, and more than one set of original
non-negotiable sea waybills are presented in accordance with paragraph F17)
(a) and incorporate different dates of shipment, the latest of these dates is to be
used for the calculation of any presentation period and must fall on or before the
latest shipment date stated in the credit.
c. When partial shipment is allowed, and more than one set of original non -
negotiable sea waybills are presented as part of a single presentation made
under one covering schedule or letter and incorporate different dates of
shipment, on different vessels or the same vessel for a different journey, the
earliest of these dates is to be used for the calculation of any presentation
period, and each of these dates must fall on or before the latest shipment date
stated in the credit.
For example:
F19) a. It is not necessary for the word "clean" to appear on a non -negotiable
sea waybill even when the credit requires a non-negotiable sea waybill to be
marked "clean on board" or "clean".
Goods description
F21) When a credit requires a non-negotiable sea waybill to indicate the name,
address and contact details of a delivery agent or words of similar effect, at or
for the port of discharge, the address need not be one that is located at the port
of discharge or within the same country as that of the port of discharge.
F25) a. When a credit states that costs additional to freight are not acceptable, a
non-negotiable sea waybill is not to indicate that costs additional to the freight
have been or will be incurred.
G4) a. A charter party bill of lading is to be signed in the form described in UCP
600 sub-article 22 (a) (i).
b. When the master (captain), owner or charterer signs a charter party bill of
lading, the signature of the master (captain), owner or charterer is to be
identified as "master" ("captain"), "owner" or "charterer".
c. When the master (captain), owner or charterer signs a charter party bill of
lading, the signature of the master (captain), owner or charterer is to be
identified as “master” (“captain”), “owner” or “charterer”.
d. When an agent signs a charter party bill of lading for [or on behalf of] the
master (captain), owner or charterer, the agent is to be named and, in addition,
to indicate that it is signing as agent for [or on behalf of] the master (captain),
owner or charterer as the case may be.
i. When a charter party bill of lading is signed by an agent for [or on behalf of]
the master (captain), the name of the master (captain) need not be stated.
ii. When a charter party bill of lading is signed by an agent for [or on behalf of]
the owner or charterer, the name of the owner or charterer is to be stated.
On board notation, date of shipment, pre-carriage, place of receipt and port
of loading
i. when a charter party bill of lading indicates a place of receipt that is the same
as the port of loading, for example, place of receipt Rotterdam CY and the port
of loading Rotterdam, and there is no indication of a means of pre -carriage
(either in the pre-carriage field or the place of receipt field); or
ii. when a charter party bill of lading indicates a place of receipt different from
the port of loading, for example, place of receipt Amsterdam and port of loading
Rotterdam, and there is no indication of a means of pre -carriage (either in the
pre-carriage field or the place of receipt field), then:
(a) when a charter party bill of lading is pre-printed "shipped on board", the date
of issue will be deemed to be the date of shipment, and no further on board
notation is required.
(b) when a charter party bill of lading is pre-printed "received for shipment", a
dated on board notation is required, and the date appearing in the notation will
be deemed to be the date of shipment. The on board date may also be indicated
in a designated field or box.
i. indicates a place of receipt different from the port of loading, for example,
place of receipt Amsterdam and port of loading Rotterdam, and there is an
indication of a means of pre-carriage (either in the pre-carriage field or the place
of receipt field), regardless of whether it is pre-printed "shipped on board" or
"received for shipment", it is to bear a dated on board notation which also
indicates the name of the vessel and the port of loading stated in the credit.
Such notation may also appear in a designated field or box. The date appearing
in the on board notation or designated field or box will be deemed to be the date
of shipment.
ii. indicates a means of pre-carriage (either in the pre-carriage field or the place
of receipt field), no matter if no place of receipt is stated, or whether it is pre -
printed "shipped on board" or "received for shipment", it is to bear a dated on
board notation which also indicates the name of the vessel and the port of
loading stated in the credit. Such notation may also appear in a designated field
or box. The date appearing in the on board notation or designated field or box
will be deemed to be the date of shipment.
d. When a charter party bill of lading shows wording such as "When the place of
receipt box has been completed, any notation on this charter party bill of lading
of "on board", "loaded on board" or words of similar effect shall be deemed to be
on board the means of transportation performing the carriage from the place of
receipt to the port of loading" or words of similar effect, and if, in addition, the
place of receipt box is completed, a charter party bill of lading is to bear a dated
on board notation. The dated on board notation is also to indicate the name of
the vessel and the port of loading stated in the credit. Such notation may also
appear in a designated field or box. The date appearing in the on board notation
or designated field or box will be deemed to be the date of shipment.
e. The named port of loading, as required by the credit, should appear in the
port of loading field on a charter party bill of lading. However, it may also be
stated in the field headed "Place of receipt" or words of similar effect, provided
there is a dated on board notation evidencing that the goods were shipped on
board a named vessel at the port stated under "Place of receipt" or words of
similar effect.
f. A charter party bill of lading is to indicate the port of loading stated in the
credit. When a credit indicates the port of loading by also stating the country in
which the port is located, the name of the country need not be stated.
h. When a charter party bill of lading indicates more than one port of loading, it
is to evidence an on board notation with the relevant on board date for each port
of loading, regardless of whether it is pre-printed "received for shipment" or
"shipped on board". For example, when a charter party bill of lading indicates
that shipment has been effected from Brisbane and Adelaide, a dated on board
notation is required for both Brisbane and Adelaide.
G6) Terms such as "Shipped in apparent good order", "Laden on board", "Clean
on board" or other phrases that incorporate "shipped" or "on board" have the
same effect as the words "Shipped on board".
Port of discharge
G7) a. The named port of discharge, as required by the credit, should appear in
the port of discharge field within a charter party bill of lading.
b. However, the named port of discharge may be stated in the field headed
"Place of final destination" or words of similar effect provided there is a notation
evidencing that the port of discharge is that stated under "Place of final
destination" or words of similar effect. For example, when a credit requires
shipment to be effected to Felixstowe, but Felixstowe is shown as the place of
final destination instead of the port of discharge, this may be evidenced by a
notation stating "Port of discharge Felixstowe".
G8) A charter party bill of lading is to indicate the port of discharge stated in the
credit. When a credit indicates the port of discharge by also stating the country
in which the port is located, the name of the country need not be stated.
G10) a. A charter party bill of lading is to indicate the number of originals that
have been issued.
b. Charter party bills of lading marked "First Original", "Second Original", "Third
Original", or "Original", "Duplicate", "Triplicate" or similar expressions are all
originals.
G11) When a credit requires a charter party bill of lading to evidence that goods
are consigned to a named entity, for example, "consigned to (named entity)"
(i.e., a "straight" charter party bill of lading or consignment) rather than "to
order" or "to order of (named entity)", it is not to contain the expressions "to
order" or "to order of" preceding the named entity or the expression "or order"
following the named entity, whether typed or pre-printed.
G12) a. When a charter party bill of lading is issued "to order" or "to order of the
shipper", it is to be endorsed by the shipper. An endorsement may be made by a
named entity other than the shipper, provided the endorsement is made for [or
on behalf of] the shipper.
b. When a credit requires a charter party bill of lading to evidence that goods are
consigned "to order of (named entity)", it is not to indicate that the goods are
straight consigned to that named entity.
G13) a. When a credit stipulates the details of one or more notify parties, a
charter party bill of lading may also indicate the details of one or more additional
notify parties.
b. i. When a credit does not stipulate the details of a notify party, a charter party
bill of lading may indicate the details of any notify party and in any manner
(except as stated in paragraph G13) (b) (ii)).
ii. When a credit does not stipulate the details of a notify party, but the details of
the applicant appear as notify party on a charter party bill of lading, and these
details include the applicant's address and contact details, they are not to
conflict with those stated in the credit.
G14) When a credit requires a charter party bill of lading to evidence goods
consigned to or to the order of "issuing bank" or "applicant" or notify applicant"
or "issuing bank", a charter party bill of lading is to indicate the name of the
issuing bank or applicant, as applicable, but need not indicate their respective
addresses or contact details that may be stated in the credit.
G15) When the address and contact details of the applicant appear as part of
the consignee or notify party details, they are not to conflict with those stated in
the credit.
G16) Shipment on more than one vessel is a partial shipment, even if each
vessel leaves on the same day for the same destination.
G17) a. When a credit prohibits partial shipment, and more than one set of
original charter party bills of lading are presented covering shipment from one or
more ports of loading (as specifically allowed, or within a geographical area or
range of ports stated in the credit), each set is to indicate that it covers the
shipment of goods on the same vessel and same journey and that the goods are
destined for the same port of discharge, geographical area or range of ports.
b. When a credit prohibits partial shipment, and more than one set of original
charter party bills of lading are presented in accordance with paragraph G17) (a)
and incorporate different dates of shipment, or one set of original charter party
bills of lading is presented indicating different dates of shipment, the latest of
these dates is to be used for the calculation of any presentation period and must
fall on or before the latest shipment date stated in the credit.
c. When partial shipment is allowed, and more than one set of original charter
party bills of lading are presented as part of a single presentation made under
one covering schedule or letter and incorporate different dates of shipment, on
different vessels or the same vessel for a different journey, the earliest of these
dates is to be used for the calculation of any presentation period, and each of
these dates must fall on or before the latest shipment date stated in the credit.
G18) A charter party bill of lading is not to include a clause or clauses that
expressly declare a defective condition of the goods or their packaging.
For example:
G19) a. It is not necessary for the word "clean" to appear on a charter party bill
of lading even when the credit requires a charter party bill of lading to be
marked "clean on board" or "clean".
b. Deletion of the word "clean" on a charter party bill of lading does not
expressly declare a defective condition of the goods or their packaging.
Goods description
G21) A charter party bill of lading may indicate that the goods are part of a
larger consignment loaded onto the named vessel by reference to "without
segregation", "commingled" or words of similar effect.
G23) Non-negotiable copies of a charter party bill of lading need not include
authentication of any corrections that may have been made on the original.
G25) a. When a credit states that costs additional to freight are not acceptable,
a charter party bill of lading is not to indicate that costs additional to the freight
have been or will be incurred.
c. Reference in a charter party bill of lading to costs which may be levied, for
example, as a result of a delay in unloading the goods or after the goods have
been unloaded (demurrage costs) is not an indication of costs additional to
freight.
Release of goods with more than one charter party bill of lading to be
surrendered
G26) A charter party bill of lading is not to expressly state that goods covered by
that charter party bill of lading will only be released upon its surrender together
with one or more other charter party bills of lading, unless all of the referenced
charter party bills of lading form part of the same presentation under the same
credit.
For example, "[Cargo XXXX] is covered by B/L No. YYY and ZZZ, and can only
be released to a single merchant upon presentation of all charter party bills of
lading of that merchant" is considered to be an express statement that one or
more other charter party bills of lading, related to the referenced cargo, must be
surrendered prior to the goods being released.
H2) An air transport document need not be titled "air waybill", "air consignment
note" or words of similar effect even when the credit so names the required
document.
H3) a. An air transport document may be issued by any entity other than a
carrier provided it meets the requirements of UCP 600 article 23.
c. The carrier is to be identified by its name instead of an IATA airline code, for
example, British Airways instead of BA, Lufthansa instead of LH.
H6) When an agent signs an air transport document "for [or on behalf of] the
carrier", the agent is to be named and, in addition, to indicate that it is signing
as "agent for (name), the carrier" or as "agent on behalf of (name), the carrier"
or words of similar effect. When the carrier is identified elsewhere in the
document as the "carrier", the named agent may sign, for example, as "agent for
[or on behalf of] the carrier" without naming the carrier again.
H7) An air transport document is to indicate that the goods have been accepted
for carriage or words of similar effect.
H8) a. An air transport document is to indicate a date of issuance. This date will
be deemed to be the date of shipment unless an air transport document contains
a specific notation of the actual date of shipment. In the latter event, the date
stated in the notation will be deemed to be the date of shipment whether that
date is before or after the issuance date of the air transport document.
H9) An air transport document is to indicate the airport of departure and airport
of destination stated in the credit. When a credit indicates either of these
airports by also stating the country in which the airport is located, the name of
the country need not be stated.
H10) The airport of departure and airport of destination may also be indicated by
the use of IATA codes instead of evidencing the airport name in full (for
example, LAX instead of Los Angeles).
H13) a. When a credit requires an air transport document to evidence that goods
are consigned "to order of (named entity)", it may indicate that the goods are
consigned to that entity, without mentioning "to order of".
b. When a credit requires an air transport document to evidence that goods are
consigned "to order" without naming the entity to whose order the goods are to
be consigned, it is to indicate that the goods are consigned to either the issuing
bank or the applicant, without the need to mention the words "to order".
H14) a. When a credit stipulates the details of one or more notify parties, an air
transport document may also indicate the details of one or more additional notify
parties.
b. i. When a credit does not stipulate the details of a notify party, an air transport
document may indicate the details of any notify party and in any manner (except
as stated in paragraph H14) (b) (ii)).
ii. When a credit does not stipulate the details of a notify party, but the details of
the applicant appear as notify party on an air transport document, and these
details include the applicant's address and contact details, they are not to
conflict with those stated in the credit.
H16) When the address and contact details of the applicant appear as part of
the consignee or notify party details, they are not to conflict with those stated in
the credit.
H18) Dispatch on more than one aircraft is a partial shipment, even if each
aircraft leaves on the same day for the same destination.
H19) a. When a credit prohibits partial shipment, and more than one air
transport documents are presented covering dispatch from one or more airports
of departure (as specifically allowed, or within a geographical area or range of
airports stated in the credit), each air transport document is to indicate that it
covers the dispatch of goods on the same aircraft and same flight and that the
goods are destined for the same airport of destination.
b. When a credit prohibits partial shipment, and more than one air transport
documents are presented in accordance with paragraph H19) (a) and
incorporate different dates of dispatch, the latest of these dates is to be used for
the calculation of any presentation period and must fall on or before the latest
shipment date stated in the credit.
c. When partial shipment is allowed, and more than one air transport documents
are presented as part of a single presentation made under one covering
schedule or letter and incorporate different dates of dispatch or different flights,
the earliest of these dates is to be used for the calculation of any presentation
period, and each of these dates must fall on or before the latest shipment date
stated in the credit.
For example:
b. Deletion of the word "clean" on an air transport document does not expressly
declare a defective condition of the goods or their packaging.
Goods description
H24) Copies of an air transport document need not include authentication of any
corrections that may have been made on the original.
H26) An air transport document may contain separate boxes, which by their pre -
printed headings indicate that they are for freight charges "prepaid" and for
freight charges "collect".
a. When a credit requires an air transport document to show that freight has
been prepaid, this will also be fulfilled by an indication of the freight charges
under the heading "Freight Charges Prepaid" or words of similar effect.
c. The term "carrier" includes terms such as "issuing carrier", "actual carrier",
"succeeding carrier" and "contracting carrier".
b. a named agent acting or signing for [or on behalf of] the carrier and indicating
the name of the carrier, identified as the carrier, on whose behalf that agent is
acting or signing; or
b. A rail transport document may bear a date stamp by the railway company or
railway station of departure without indicating the name of the carrier or a
named agent signing for [or on behalf of] the carrier.
J5) A road, rail or inland waterway transport document is to indicate the place of
shipment and place of destination stated in the credit. When a credit indicates
either of these places by also stating the country in which the place is located,
the name of the country need not be stated.
J9) a. When a credit stipulates the details of one or more notify parties, a road,
rail or inland waterway transport document may also indicate the details of one
or more additional notify parties.
b. i. When a credit does not stipulate the details of a notify party, a road, rail or
inland waterway transport document may indicate the details of any notify party
and in any manner (except as stated in paragraph J9) (b) (ii)).
ii. When a credit does not stipulate the details of a notify party, but the details of
the applicant appear as notify party on a road, rail or inland waterway transport
document, and these details include the applicant's address and contact details,
they are not to conflict with those stated in the credit.
J10) When a credit requires a road, rail or inland waterway transport document
to evidence goods consigned to or to the order of "issuing bank" or "applicant"
or notify "applicant" or "issuing bank", a road, rail or inland waterway transport
document is to indicate the name of the issuing bank or applicant, as applicable,
but need not indicate their respective addresses or any contact details that may
be stated in the credit. A road or rail transport document need not also indicate
"to order of", as stated in paragraph J8) (a).
J11) When the address and contact details of the applicant appear as part of the
consignee or notify party details, they are not to conflict with those stated in the
credit.
J12) Transhipment is the unloading and reloading of goods from one means of
conveyance to another within the same mode of transport (truck [lorry], train,
barge, etc.,) during the carriage of those goods from the place of shipment,
dispatch or carriage to the place of destination stated in the credit. When a road,
rail or inland waterway transport document does not indicate unloading and
reloading between these two places, it is not transhipment in the context of the
credit and UCP 600 sub-articles 24 (d) and (e).
J13) Shipment on more than one means of conveyance (more than one truck
[lorry], train, barge, etc.,) is a partial shipment, even when such means of
conveyance leaves on the same day for the same destination.
J14) a. When a credit prohibits partial shipment, and more than one road, rail or
inland waterway transport documents are presented covering shipment from one
or more places of shipment, dispatch or carriage (as specifically allowed, or
within a geographical area or range of places stated in the credit), each road,
rail or inland waterway transport document is to indicate that it covers the
shipment, dispatch or carriage of goods on the same means of conveyance and
same journey and that the goods are destined for the same place of destination.
b. When a credit prohibits partial shipment, and more than one road, rail or
inland waterway transport documents are presented in accordance with
paragraph J14) (a) and incorporate different dates of shipment, the latest of
these dates is to be used for the calculation of any presentation period, and
must fall on or before the latest shipment date stated in the credit.
c. When partial shipment is allowed, and more than one road, rail or inland
waterway transport documents are presented as part of a single presentation
made under one covering schedule or letter and incorporate different dates of
shipment, on different means of conveyance or the same means of conveyance
for a different journey, the earliest of these dates is to be used for the
calculation of any presentation period and each of these dates must fall on or
before the latest shipment date stated in the credit.
For example:
J16) a. It is not necessary for the word "clean" to appear on a road, rail or inland
waterway transport document even when the credit requires a road, rail or inland
waterway transport document to be marked "clean" or "clean on board".
Goods description
J19) Copies of a road, rail or inland waterway transport document need not
include any authentication of any corrections that may have been made on the
original.
Freight
K6) An insurance document may show only the trading name of the insurance
company in the signing field, provided it is identified as the insurance company
elsewhere on the document, for example, when an insurance document is
issued and signed "AA" in the signing field but shows "AA Insurance Ltd" and its
address and contact information elsewhere in the document.
K7) a. An insurance document that indicates that cover is provided by more than
one insurer may be signed by a single agent or proxy on behalf of all insurers or
be signed by an insurer for [or on behalf of] all co-insurers. An example of the
latter will be when an insurance document is issued and signed "AA Insurance
Ltd, leading insurer for [or on behalf of] the co-insurers".
K8) When a credit requires the insurance document to be issued in more than
one original, or when the insurance document indicates that it has been issued
in more than one original, all originals are to be presented and are to appear to
have been signed.
Dates
K9) An insurance document is not to indicate an expiry date for the presentation
of any claims thereunder.
b. When an insurance document indicates a date of issuance later than the date
of shipment (as defined in UCP 600 articles 19-25), it is to clearly indicate by
addition or note that coverage is effective from a date not later than the date of
shipment.
K11) In the absence of any other date stated to be the issuance date or effective
date of insurance coverage, a countersignature date will be deemed to be
evidence of the effective date of the insurance coverage.
K15) When it is apparent from the credit or from the presentation that the
amount demanded only represents a certain part of the gross value of the goods
(for example, due to discounts, pre-payments or the like, or because part of the
value of the goods is to be paid at a later date), the calculation of insurance
cover is to be based on the full gross value of the goods as shown on the
invoice or the credit and subject to the requirements of UCP 600 sub -article 28
(f) (ii).
K16) Insurance covering the same risk for the same shipment is to be covered
under one document unless more than one insurance document is presented
indicating partial cover, and each document clearly reflects, by percentage or
otherwise:
b. that each insurer will bear its share of the liability severally and without pre -
conditions relating to any other insurance cover that may have been effected for
that shipment; and
c. the respective coverage of the documents, when totalled, equals at least the
insured amount required by the credit or UCP 600 sub-article 28 (f) (ii).
Risks to be covered
b. Even though a credit may be explicit with regard to risks to be covered, there
may be a reference to exclusion clauses in the insurance document.
K18) When a credit requires "all risks" coverage, this is satisfied by the
presentation of an insurance document evidencing any "all risks" clause or
notation, whether or not it bears the heading "all risks", even when it is indicated
that certain risks are excluded. An insurance document indicating that it covers
Institute Cargo Clauses (A) or Institute Cargo Clauses (Air), when dispatch is
effected by air satisfies a condition in a credit calling for an "all risks" clause or
notation.
Insured party and endorsement
Insurance Premium
• Certificate of Origin
Paragraph L1 to L8
b. When a credit does not indicate the name of an issuer, any entity may issue a
certificate of origin.
L5) Consignee information, when shown, is not to conflict with the consignee
information in the transport document. However, when a credit requires a
transport document to be issued "to order", "to the order of shipper", "to order of
issuing bank", "to order of nominated bank (or negotiating bank)" or "consigned
to issuing bank", a certificate of origin may show the consignee as any entity
named in the credit except the beneficiary. When a credit has been transferred,
the first beneficiary may be stated to be the consignee.
L7) When a credit indicates the origin of the goods without stipulating a
requirement for the presentation of a certificate of origin, any reference to the
origin on a stipulated document is not to conflict with the stated origin. For
example, when a credit indicates "origin of the goods: Germany" without
requiring the presentation of a certificate of origin, a statement on any stipulated
document indicating a different origin of the goods is to be considered a conflict
of data.
L8) A certificate of origin may indicate a different invoice number, invoice date
and shipment routing to that indicated on one or more other stipulated
documents, provided the exporter or consignor shown on the certificate of origin
is not the beneficiary.
M1) When a credit requires the presentation of a packing list, this will be
satisfied by the presentation of a document titled as called for in the credit, or
bearing a similar title or untitled, that fulfils its function by containing any
information as to the packing of the goods.
M3) When a credit does not indicate the name of an issuer, any entity may issue
a packing list.
M5) A packing list may indicate a different invoice number, invoice date and
shipment routing to that indicated on one or more other stipulated documents,
provided the issuer of the packing list is not the beneficiary.
M6) Banks only examine total values, including, but not limited to, total
quantities, total weights, total measurements or total packages, to ensure that
the applicable total does not conflict with a total shown in the credit and on any
other stipulated document.
N1) When a credit requires the presentation of a weight list, this will be satisfied
by the presentation of a document titled as called for in the credit, or bearing a
similar title or untitled, that fulfils its function by containing any information as to
the weight of the goods.
N3) When a credit does not indicate the name of an issuer, any entity may issue
a weight list.
N4) When a credit indicates specific weight requirements, without stipulating the
document to indicate compliance with these requirements, any data regarding
the weight of the goods mentioned on a weight list, if presented, are not to
conflict with those requirements.
N5) A weight list may indicate a different invoice number, invoice date and
shipment routing to that indicated on one or more other stipulated documents,
provided the issuer of the weight list is not the beneficiary.
N6) Banks only examine total values, including, but not limited to, total
quantities, total weights, total measurements or total packages, to ensure that
the applicable total does not conflict with a total shown in the credit and on any
other stipulated document.
• Beneficiary's Certificate
Paragraph P1 to P4
P1) When a credit requires the presentation of a beneficiary's certificate, this will
be satisfied by the presentation of a signed document titled as called for in the
credit, or bearing a title reflecting the type of certification that has been
requested or untitled, that fulfils its function by containing the data and
certification required by the credit.
P2) A beneficiary's certificate is to be signed by, or for [or on behalf of], the
beneficiary.
P3) Data mentioned on a beneficiary's certificate are not to conflict with the
requirements of the credit.
a. need not be identical to that required by the credit, but are to clearly indicate
that the requirement prescribed by the credit has been fulfilled;
b. need not include a goods description or any other reference to the credit or
another stipulated document.
b. wording to the effect that the action took place prior to, or on the date of,
shipment, in which event, when an issuance date is also indicated, it may be
subsequent to the shipment date but no later than the date of presentation of the
certificate; or
Issuer of a certificate
Q4) When a credit does not indicate the name of an issuer, any entity including
the beneficiary may issue a certificate.
Contents of a certificate
a. that only a sample of the required goods has been tested, analyzed or
inspected;
b. a quantity that is greater than that stated in the credit or on any other
stipulated document; or
c. more hold, compartment or tank numbers than that stated on the bill of lading
or charter party bill of lading.
Q9) Consignee information, when shown, is not to conflict with the consignee
information in the transport document. However, when a credit requires a
transport document to be issued "to order", "to the order of shipper", "to order of
issuing bank", "to order of nominated bank (or negotiating bank)" or "consigned
to issuing bank", a certificate may show the consignee as any entity named in
the credit except the beneficiary. When a credit has been transferred, the first
beneficiary may be stated to be the consignee.
Q10) A certificate may indicate as the consignor or exporter an entity other than
the beneficiary of the credit or the shipper as shown on any other stipulated
document.
Q11) A certificate may indicate a different invoice number, invoice date and
shipment routing to that indicated on one or more other stipulated documents,
provided the exporter or consignor shown on the certificate is not the
beneficiary.