Icc Opinions
Icc Opinions
Icc Opinions
Opinion TA
Number / R
Number Summary ISBP 745 / UCP 600 Impact on ISBP 745
Quantity of goods is shown in a credit without indicating whether it is a
gross or net weight; amount of the invoice was based on a ‘commercial
786rev2 weight’ that was greater than the gross weight; was invoicing on the UCP 600 sub-articles 14 (d) Consistent with ISBP 745
R807 basis of the commercial weight acceptable? and 30 (b) paragraphs C3, C4, C5, C11
A bill of lading with incomplete number of pages is stated to be not
acceptable; presented charter party bills of lading indicate ‘Page 01’ on Consistent with ISBP 745
787 R800 the reverse but there is no indication of ‘Page 02’ on its face UCP 600 sub-article 14 (a) paragraph E11
Is a bill of lading marked “vessel under arrest 18 February 2013” UCP 600 article 27 and sub- No conflict with ISBP 745
788rev R839 considered to be an unclean transport document? article 14 (a) paragraph G5
Does a bill of lading marked “Free Out” comply with terms of delivery ISBP 745 paragraph E27 (b)
‘CPT Alexandra Port, Egypt without unloading cost’; delays in UCP 600 article 13; UCP 600
reimbursement due to non-issuance of a reimbursement authorisation; sub-articles 26 (c), 14 (d) and Incorporated in ISBP 745
815rev R858 were charges levied by the reimbursing bank appropriate? 14 (a) paragraph E27 (b)
A credit permits partial shipments but allows the beneficiary to present
a certificate if, following a partial shipment, no further shipments are to
occur; beneficiary ships only 360 bags (out of 500 bags) of dried grain; Consistent with ISBP 745
can the issuing bank refuse documents due to short shipment and short preliminary considerations
816rev R843 drawing? UCP 600 article 31 (v)
Consistent with ISBP 745
Does a bill of lading marked ‘CY/CY’ comply with a requirement for preliminary considerations
817rev R810 shipment to be effected in a FCL (Full Container Load) container? UCP 600 sub-article 14 (d) (iv)
Does a commercial invoice with a box labeled ‘addressee’ and completed
with the details of the applicant comply with the requirement in sub-
article 18 (a) (ii) for the invoice to be made out in the name of the No inconsistency with ISBP
818rev R826 applicant? UCP 600 sub-article 18 (a) (ii) 745
A common form of CMR document contains three fields where the
carrier name could be mentioned – field 16 ‘Transporter’, field 17
‘Transporter successive’ and field 23 ‘ Signature and stamp of
Transporter’; when two or three of these fields are completed with two Consistent with ISBP 745
819rev R838 different names, does this create a conflict of data? UCP 600 sub-article 24 (a) paragraphs J2, J3 and J4
When a credit is amended and the beneficiary makes a subsequent
presentation under it, but without taking into account the amendment, is
820rev4 the amendment considered rejected or can it be accepted at a later date
R795 by the beneficiary for use with any future presentation? UCP 600 sub-article 10 (c) Not an issue for ISBP 745
Collection instruction sent to a branch of a bank that does not provide
international collection settlements; envelope containing the collection
instruction and documents handed to the drawee; drawee took
821 R863 possession of the goods without effecting settlement of the collection. n/a n/a
When there is more than one confirming bank, what are the rights and
obligations that exist between each confirming bank, and between each
confirming bank and the issuing bank; can a first confirming bank instruct UCP 600 sub-articles 8 (a)
another bank to add its confirmation without specific instructions from and 9 (b); UCP 600 articles 9,
822rev R792 the issuing bank? 7 and 35 Not an issue for ISBP 745
Credit requires bill of lading (or charter party bill of lading) to indicate
the value of freight prepaid and all documents are to mention the credit
number; the face of the charter party bill of lading neither mentions the ISBP 745 paragraph G24; ISBP
amount of freight that has been prepaid or the credit number; 745 paragraphs A9 and A7 (b)
beneficiary has endorsed the bill of lading and as part of its endorsement (i) Incorporated in ISBP 745
included, in handwriting, the amount of freight that has been paid UCP 600 sub-article 14 (d); paragraphs G24, A9 and A7
823rev R811 (currency and amount) and the credit number. UCP 600 sub-article 14 (a) (b) (i)
Invoice quotes pre-printed payment terms that are not in accordance ISBP 745 paragraphs M1 and
with the payment terms of the credit; invoice also quotes the payment C11
terms of the credit; packing list and weight list indicate additional order UCP 600 sub-articles 14 (d), Consistent with ISBP 745
824rev R812 numbers that are not covered by the invoice. 16 (c) (ii) and 14 (f) paragraphs M1 and C11
Nominated bank makes a prepayment under its deferred payment
undertaking; at maturity, no reimbursement is received; issuing bank
subsequently advises that it has effected settlement to the beneficiary
directly by SWIFT MT103 message; does the issuing bank remain liable UCP 600 sub-articles 12 (b)
825rev R796 to the nominated bank to provide reimbursement? and 7 (c) Not an issue for ISBP 745
Is a non-bank issuer of a letter of credit held to the same standards and UCP 600 sub-article 16 (c) (iii)
requirements as an issuer that is a bank, including where the refusal (b); UCP 600 sub-article 16
855rev R873 process is not administered in accordance with UCP 600 article 16? (e); UCP 600 sub-article 16 (f) Not an issue for ISBP 745
Where all other data within an invoice complies with the terms and
conditions of the credit, does the addition of an additional digit within
two contract numbers create a conflict of data or can it be considered as ISBP 745 paragraph A23 Incorporated in ISBP 745
856rev R871 a typographical error? UCP 600 sub-article 14 (d) paragraph A23
Credit expires in the country of the beneficiary and is available with any
bank by negotiation but documents are to be received by the issuing bank
within 21 days after the date of shipment. Can the condition regarding
857rev2 the presentation period be shown in field 78 of an MT700 and what is UCP 600 sub-article 14 (c);
R886 the effect of such an inclusion? UCP 600 article 6 Not an issue for ISBP 745
ISBP 745 paragraphs E6 (c)
Has the on board notation been issued in respect of the correct vessel? and (e)
858rev Are ICC Opinion R350 and R352, which were issued in respect of credits UCP 600 sub-article 20 (a) (ii); No inconsistency with ISBP
R876 subject to UCP 500, still applicable under UCP 600? UCP 600 sub-article 20 (a) (iii) 745
When quoting the Incoterm on an invoice, is it necessary to include the
name of the country as well as the city or port or place? Can the ISBP 745 paragraph C8; ISBP
Incoterms details be shown in various places on an invoice and 745 paragraph E9; ISBP 745 Incorporated in ISBP 745
859rev R884 collectively comply with the details shown in the credit? paragraph C3 paragraphs C8, E9 and C3
ISBP 745 paragraphs C5 and
If the goods description in a credit makes no mention of spare parts, may C12 (b)
a packing list indicate that one package includes spare parts? Could the UCP 600 sub-article 18 (c); Incorporated in ISBP 745
860 R875 invoice refer to spare parts? UCP 600 sub-article 14 (e) paragraph C5
When a credit requires a performance guarantee, as one of the
stipulated documents, and for it to be issued for a specified amount and
expiry date, may the presented guarantee indicate that the amount will
reduce upon presentation to its applicant of a copy of a performance test
certificate, and that the guarantee will expire on the earlier of three
events, one of which is the expiry date of the guarantee which is
861rev R872 mentioned in the credit? UCP 600 sub-article 14 (f) Not an issue for ISBP 745
Consistent with ISBP 745
When a credit requires an air waybill to indicate the flight number and ISBP 745 paragraph A11 (a) paragraph A11 (a) and
date, does an air waybill comply that indicates this information but has (iii); ISBP 745 paragraph H8 incorporated in ISBP 745
862 R882 no date of issuance? UCP 600 sub-article 23 (a) (iii) paragraph H8
When a credit requires shipment to ‘Alexandria Seaport, Egypt’, does a
bill of lading comply that indicates ‘Alexandria, Egypt’ in the port of Consistent with ISBP 745
863 R880 discharge field? Miscellaneous paragraphs E8 and E9
When a credit requires the presentation of a certificate of origin by
reference to a document in the form of a specific trade agreement ISBP 745, paragraph L1; ISBP Incorporated in ISBP 745
between two countries and there is no field in the document for country 745, paragraphs L2 and L3 (c) paragraph L2 and consistent
of origin, does this permit the document to be accepted without (i) with ISBP 745 paragraphs
864rev R899 reference to the country of origin? UCP 600, sub-article 14 (f) A39, L1 and L3 (c) (i)
Does a copy of a customs export declaration, which has been
electronically generated, need to be signed when the credit, as ISBP 745 paragraph A31 (b); Consistent with ISBP 745
865rev2 amended, requires a copy and/or original of such document ISBP 745 paragraph A35 (d) paragraphs A31 (b) and A35
R897 authenticated by the Customs Authorities? UCP 600 article 3 (d)
When collection instructions are sent to a bank and that bank releases
the documents to the drawee without payment and contends that they
have no expertise in international banking, that the documents were
forwarded without their prior approval and that the drawee was in
agreement with the drawer regarding payment, does such a bank remain
866rev R900 liable under URC? n/a n/a
Does a technical acceptance certificate comply when signed by the Consistent with ISBP 745
868rev R889 applicant but it contains reference to an item that was to be upgraded? UCP 600 sub-article 14 (f) paragraph Q1
When a credit covers 400MT of goods +/- 10% and partial shipments are
allowed, but only in 8 containers and 8 containers are shipped with a
869rev R895 total of 352MT of goods is a second presentation complying? Miscellaneous Not an issue for ISBP 745
Does the inclusion of payment terms within an invoice that are not fully
in accord with the payment terms under the credit a reason to refuse the
invoice? Invoice and packing list that refers to a tolerance in the quantity,
where no quantity was stated in the credit. A certificate of analysis that ISBP 745 paragraph A21 (a);
included confidentiality and copyright provisions written in local ISBP 745 paragraph A21 (e) Incorporated in ISBP 745
language, when the credit stipulated ‘all documents must be written in UCP 600 sub-articles 4 (a) and paragraphs A21 (a) and A21
870rev R887 English’. 14 (d) (e)
When a draft is to be drawn on the nominated bank for acceptance at 30
days sight, but the nominated bank is not willing to act on its nomination
until after the issuing bank has approved the documents, but the
nominated bank does not tell the issuing bank this or the date the
documents were received by it, what will be the maturity date – 30 days ISBP 745 paragraph B5 (b)
after the nominated bank received the documents or 30 days after the UCP 600 sub-articles 16 (c) Consistent with ISBP 745
871rev R891 issuing bank accepted a waiver from the applicant? and (d) paragraph B5 (b)
When a credit indicates that a tolerance applies to the total quantity,
872 R896 does this apply to the total and individual line items or just the total? Miscellaneous Not an issue for ISBP 745
When a credit requires shipment to a specific port but that port is shown
within the goods description area of the bill of lading, as the port of
discharge, is this acceptable without mention of that port at least in the Consistent with ISBP 745
877 R898 place of final destination or delivery field of the bill of lading? ISBP 745 paragraph E8 (b) paragraph E8 (b)
Were the discrepancies noted by the issuing bank, that the air waybill UCP 600 sub-article 16 (c);
showed two carrier names and that the contract number was shown UCP 600 sub-article 23 (a) (i); Consistent with ISBP 745
883rev R908 correctly and incorrectly within the air waybill, valid? UCP 600 sub-article 14 (d) paragraphs H5, H6 and A23
The impact of a sanction clause that also referred to the internal policies UCP 600 sub-article 7 (b); UCP
of the issuing bank, but without explaining what those policies included, 600 sub-article 7 (a); UCP 600 ISBP 745, as stated in
and the subsequent refusal of documents where the issuing bank is using sub-article 16 (c); UCP 600 preliminary considerations
884rev R906 the internal policies as justification for the refusal. sub-article 16 (f) (ii)
Where the Incoterms are CIF Mundra Port, India with the place of
delivery ICD Moradabad, India is it acceptable for the transport document
to indicate that empty containers are to be returned to the ICD on
consignee’s risk and account, whereas the credit contains no such UCP 600 sub-article 26 (c) Consistent with ISBP 745
885rev R909 condition? ISBP 745 paragraph E27 paragraph E27
Documents are to be issued in English. Other languages are acceptable
provided an English translation is provided. The invoice has been issued
on plain paper, and whilst bearing the information required by the credit,
only bears a stamp with Chinese characters. The nominated bank ISBP 745 paragraphs A21 (e)
indicates that this is the name of the beneficiary. Can the issuing bank and (c) (i)
refuse the documents on the basis that the invoice does not appear to UCP 600 sub-article 14 (a); Consistent with ISBP 745
886rev R907 have been issued by the beneficiary? UCP 600 sub-article 18 (a) (i) paragraph A21 (e)
A required document is a copy of a performance bond issued and sent by ISBP 745 preliminary
a reputable bank in Vietnam or an international bank having a branch considerations (iv) Consistent with ISBP 745
office in Vietnam. In the case of the latter, does the performance bond UCP 600 sub-articles 14 (a) preliminary considerations
887 R903 need to indicate that the issuer has a branch office in Vietnam? and (h) (iv)
UCP 600 sub-article 16 (b);
UCP 600 sub-article 16 (c) (iii)
Do credits need to incorporate discrepancy handling clauses that are (b); UCP 600 sub-article 15
covered by the content of UCP 600 sub-article 16 (c) (iii) (b)? Do the (a); UCP 600 sub-articles 16
clauses seen in credits affect when the issuing bank must honour and (c) and (d); UCP 600 sub-
888rev R904 their release of the documents to the applicant? article 16 (f) Not an issue for ISBP 745
ISBP 745 paragraphs L5 and
Charter party bills of lading indicate the consignee as ‘To order of ABC Q9
Bank ‘whereas a photocopy of a EUR1 certificate indicates ‘To order’ in UCP 600 sub-article 14 (f); Consistent with ISBP 745
889rev R917 the consignee field. Is there a conflict? UCP 600 sub-article 14 (d) paragraphs L5 and Q9
Does a bill of lading signed ‘ROH on behalf of HAP, the carrier” indicate
that ROH is signing in the capacity of an agent of the carrier? Is it
appropriate for an issuing bank to indicate that it will make a charge for ISBP 745 paragraph E5 (c) Consistent with ISBP 745
890 R916 each SWIFT message sent in relation to a discrepant presentation? UCP 600 sub-article 20 (a) (i) paragraph E5 (c)
Is UCP 600 sub-article 16 (e) an arbitrary norm? Can an issuing bank UCP 600 sub-article 16 (c) (iii)
return documents at any time and if the issuing bank indicates it is (b); UCP 600 sub-article 16
returning the documents, what timeframe applies? If the issuing bank (e); UCP 600 sub-article 7 (a);
fails to return one page of an original bill of lading is it precluded from UCP 600 article 16; UCP 600
891rev R905 claiming that the documents are discrepant? sub-article 16 (f) Not an issue for ISBP 745
A draft survey report is presented in two pages. The first page is signed ISBP 745 paragraph A24
but is not numbered whereas the second page is marked ‘page 2/2’. Can UCP 600 sub-articles 16 (c)
an MT799 message be sent as a refusal notice with the clause ‘kindly (ii) and (iii); UCP 600 sub-
treat it as MT734’ and must this message fully comply with UCP 600 article 16 (f); UCP 600 sub- Incorporated in ISBP 745
892rev R914 article 16? article 16 (c) paragraph A24
When a packing list is to evidence the dimensions of a bale, what criteria Consistent with ISBP 745
893rev R911 is to be applied to determine if the document complies? Miscellaneous paragraph M4
894 withdrawn n/a n/a
When a credit includes a condition that a deduction is to be made in the
event of shipment being effected after a specific date, but does not
indicate how any applicable deduction is to be evidenced in the
presentation, what is required to ensure that the issuing bank honours
895rev R912 less the deduction if the presentation otherwise complies? UCP 600 sub-article 18 (b) Not an issue for ISBP 745
When a certificate of origin certified by a chamber of commerce and an
invoice that is also certified by the chamber of commerce have become
detached but contain internal cross-references to each other, can they be
considered as the same document? When a credit does not include a
requirement for a pre-shipment inspection certificate due to an apparent
error on the part of the issuing bank, can the issuing bank refuse the
documents for absence of that document as they refer to the purchase
order, referenced in the credit, and this purchase order makes reference ISBP 745 paragraph A24 Consistent with ISBP 745
896rev R915 to the presentation of a pre-shipment inspection certificate? UCP 600 sub-article 4 (a) paragraph A24