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Addendum to ISBP 745

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

Documents to be presented within 10 calendar days after the date of


issuance of the credit; documents so presented but evidencing shipment
effected six months earlier; despite the condition for presentation of ISBP 681 paragraph 2 Incorporated in ISBP 745
documents in the credit, the issuing bank refused documents due to UCP 600 sub-articles 14 (c) preliminary considerations
789rev R803 presentation being made later than 21 days after the date of shipment. and 14 (i); article 1 (iv)
ISBP 681, paragraphs 115 and
When a standby letter of credit requires the presentation of a copy of a 20; ISBP 745 paragraphs A6
bill of lading when shipment is effected by vessel, and states such (a) and A19
document will be accepted as presented, subject to the fulfilment of two UCP 600 sub-article 14 (f) and Incorporated in ISBP 745
790rev R854 conditions, is a copy of a charter party bill of lading acceptable? article 20 paragraphs A6 (a) and A19
Is there sufficient evidence that the named agent has signed on behalf of ISBP 745, paragraph E5 (c) Incorporated in ISBP 745
791rev R831 the named carrier? UCP 600 sub-article 20 (a) (i) paragraph E5 (c )
ISBP 745, paragraphs A27,
A28 and K5
Can two insurance documents printed ‘black on white’ be considered as UCP 600 sub-articles 17 (b) Incorporated in ISBP 745
792rev R824 originals? and 28 (a) paragraphs A27, A28 and K5
A continuation of the subject covered in Opinion R833 (TA775rev); can a
charter party bill of lading be signed by a carrier or by a named agent for ISBP 745 paragraphs G2 (b)
a named carrier; can it be signed according to sub-article 22 (a) (i) and and G1 Incorporated in ISBP 745
793rev R834 still indicate the name of the carrier? UCP 600 sub-article 22 (a) (i) paragraphs G2 (b) and G1
Can a bank insist on a specific layout or structure for an insurance ISBP 745, paragraph K5 Consistent with ISBP 745
794rev R860 document when it is to be countersigned? UCP 600 sub-article 28 (a) paragraph K5
Must an issuing bank issue a refusal notice in order to be able to claim
795rev R820 its discrepancy fee? UCP 600 article 16 Not an issue for ISBP 745
ISBP 745 preliminary Incorporated in ISBP 745
What is to be understood when a credit requires shipment to be effected consideration (v) preliminary considerations
796rev R801 from ‘Any North European Port’? UCP 600 sub-article 14 (a) (v)
Collection amount is reduced by a subsequent amendment from the
remitting bank, but the full amount is collected and paid by the collecting
bank; remitting bank subsequently credited the full amount to the
account of the principal; is the remitting bank responsible for refunding
797revR861 the excess amount? n/a n/a
798 withdrawn n/a n/a
Credit requires the presentation of a guarantee payable in Country X; the
presented guarantee complies with the limited requirements in the
credit except it does not refer to it being payable in Country X; can this UCP 600 sub-articles 14 (h)
799rev R818 requirement be deemed to be non-documentary? and 14 (f) Not an issue for ISBP 745
Is there a conflict with regard to the signing capacity of a charter party
bill of lading when it is apparently signed by the master but also bears a
stamp that provides the vessel’s name, the word “Master” and “on ISBP 745 paragraph G4 (b) Incorporated in ISBP 745
800rev R835 behalf of Owners”? UCP 600 sub-article 22 (a) (i) paragraphs G4 (b)
Several collection instructions all indicating, among other documents,
that 3/3 original bills of lading were enclosed; goods were subsequently
released against the surrender of one original bill of lading with
presenting bank insisting that only 2/3 original bills of lading were
received, but no prior telecommunication was sent to the remitting bank
801rev R862 advising the anomaly. n/a n/a
Did the beneficiary need to present the original advice of the standby
letter of credit when it made a demand; can a bank raise further
802rev R821 discrepancies relating to a presentation at a later date? UCP 600 sub-article 16 (c) Not an issue for ISBP 745
803 withdrawn n/a n/a
804 withdrawn n/a n/a
A credit required, amongst other documents, the presentation of a
Health Certificate in one original and two copies; the issuing bank only
received one original and one copy; can the issuing bank still maintain a
refusal notice for the absence of one copy of the document, even if the
nominated bank subsequently confirms that the original and two copies
were received within the time limits under the credit and forwards the UCP 600 sub-articles 6 (d) (ii), Consistent with ISBP 745
805rev R788 remaining copy? 6 (e) and 7 (c) paragraph A29

Credits that require confirmation from the negotiating (nominated) bank


that the amount of the drawing has been endorsed on the reverse of the UCP 600 sub-article 7 (a),
806rev R790 credit, and where no such confirmation is given by the nominated bank article 2 and sub-article 7 (c) Not an issue for ISBP 745
Is URR 725 to be applied when the credit is silent with regard to its UCP 600 sub-article 13 (b) (ii)
application; are the confirming bank entitled to claim delay interest and article 8; URR 725 article
when reimbursement is received according to URR 725 article 11 and not 11; UCP 600 sub-articles 13
807rev R797 the value date in its reimbursement claim? (a), (b), (c) and 13 (b) (iii) Not an issue for ISBP 745
Reimbursement condition where the issuing bank will reimburse only
808rev R789 after receiving funds from the applicant. UCP 600 article 7 Not an issue for ISBP 745
ISBP 745 paragraph A23
UCP 600 sub-articles 14 (e)
A credit refers to a proforma invoice number 104 whereas the presented and (d); UCP 600 sub-article Incorporated in ISBP 745
809rev R815 CMR indicates proforma invoice number 1074; is there a conflict of data? 18 (c) paragraph A23
Documents are presented in the sum of USD54,000 under a credit
prohibiting partial shipment; the shipment advice to the insurance
company indicates the amount as USD54,00.00; is the omission of a “0”
a discrepancy; can the issuing bank raise a further discrepancy not ISBP 745 paragraph A23
highlighted in the first presentation when a corrected advice is UCP 600 sub-article 14 (d); Incorporated in ISBP 745
810rev R808 presented? UCP 600 sub-article 14 (f) paragraph A24
A credit did not indicate a PO number that was to be shown as part of
the goods description; the invoice showed PO# SOL140430-01 whereas UCP 600 sub-articles 14 (d),
811rev R809 the packing list showed PO# SOL140; is there a conflict of data? 16 (e), 12 (c), and 7 (a) Not an issue for ISBP 745
Beneficiary is permitted to draw under a credit by way of a provisional
invoice with a subsequent final invoice indicating whether the balance is
due to the beneficiary or the applicant. However, the credit does not ISBP 745, preliminary Incorporated in ISBP 745
provide the conditions or process under which such a payment could be consideration (iv) preliminary considerations
812rev R785 made to the applicant, if applicable. UCP 600 articles 2, 7 and 8 (iv)
Combined transport bill of lading is signed by the master, in addition
there is a stamp that includes the name of the vessel, the name of a
shipping company and an address, and name of the carrier; does the
signature and stamp create a conflict in determining the capacity in Consistent with ISBP 745
813 R829 which the document has been signed? UCP 600 sub-article 19 (a) (i) paragraph D5
When an invoice uses the symbol “$” to indicate the currency is United
States Dollars, is this sufficient; if a bill of lading requirement does not
indicate a consignee but does state that it is to be blank endorsed, does
814rev4 this permit the presentation of a bill of lading straight consigned to the ISBP 745 paragraph C6 (c) Consistent with ISBP 745
R827 applicant? UCP 600 sub-article 18 (a) (ii paragraph C6 (c)

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

Presentation is to occur at least 21 days after the date of shipment; is a


presentation made prior to the 21st day after the date of shipment
discrepant for ‘early presentation’ and can the issuing bank return those UCP 600 sub-articles 14 (c),
documents to the presenter; if the issuing bank holds on to the 16 (c) (iii), 16 (c), 16 (c) (iii)
826rev R804 documents, must it honour on the 21st day after the date of shipment? (c), 14 (b) and 15 (a) Not an issue for ISBP 745
ISBP 745, paragraph A6 (a)
Can a copy of a bill of lading indicate that the original was signed by a UCP 600 sub-articles 20 (a)
freight forwarder in the capacity of ‘forwarder’ as opposed to being (i), 20 (a) (iv), 14 (f) and 26 Incorporated in ISBP 745
827rev R857 signed as carrier or agent of a named carrier? (a); UCP 600 article 27 paragraph A6 (a)
Certificate of Origin refers to an attached packing list/weight memo
“REV03” whereas the presented packing list/weight memo is marked UCP 600 sub-articles 14 (d) Consistent with ISBP 745
828rev R813 “REV04”. and (f) paragraphs L1 and M1
Credit amount stated to be ‘not exceeding’, with the quantity of goods
subject to a tolerance of +/-10%; partial shipments are allowed;
requirement for a final shipment document; quantity of goods shipped is
just below maximum tolerance figure, however amount drawn is almost
USD2million below the amount of the credit; final shipment document
829rev R842 presented; issuing bank refuses documents for credit underdrawn. UCP 600 article 30 Not an issue for ISBP 745
Two collection instructions each containing a full set of bills of lading;
goods covered by each collection instruction were released to the
drawee against surrender of an original bill of lading without settlement
thereof; effect of the issuance of a court injunction after the release of
830rev R864 the goods. n/a n/a
Credit is confirmed, but beneficiary declares that it never requested
confirmation; is the beneficiary responsible for payment of the
confirmation fees when charges are stated to be for the beneficiaries
account; is a bank responsible for translating a charges clause in the
831rev R844 credit that was given in French language? UCP 600 article 35 Not an issue for ISBP 745
Packing list shows net weight as 630,000kg and gross weight as
630,360kg; copy of a bill of lading shows 36 containers and net weight
630,000kg but under a heading ‘Gross wgt/Nett wgt’ the same weight
832rev2 i.e., 630,000kg; confirming bank refused the documents due to gross UCP 600 sub-articles 14 (d) Consistent with ISBP 745
R814 weight on the bill of lading not as per the packing list. and (f) paragraph M1
Consistent with ISBP 745
When the weight of a commodity is expressed in ADMT (Air Dry Metric preliminary considerations
833rev R847 Tons), can the net weight be greater than the gross weight? Miscellaneous (iv)
When a credit covering the shipment of 8 units of cranes with
accessories allows partial shipment, is it possible to effect a partial UCP 600 sub-article 14 (a);
834rev R802 shipment of part of one or more cranes with accessories? UCP 600 article 5 Not an issue for ISBP 745
ISBP 745 paragraphs K2, K3
An insurance policy is signed as proxy for the insurance company; is the and K4 Incorporated in ISBP 745
835rev R840 signature acceptable without naming the proxy? UCP 600 sub-article 28 (a) paragraphs K2, K3 and K4
Charter party bill of lading is signed by the master but also bears a
stamp indicating the vessel name and what appears to be the name of
the owner or shipping company; does the signature and the stamp create
a conflict with regard to determining the capacity in which the document Consistent with ISBP 745
836rev R836 has been signed? UCP 600 sub-article 22 (a) (i) paragraph G4

ISBP 745, paragraph A1


An invoice is refused as it included “Industries” as part of the name of UCP 600 sub-article 18 (a) (ii); Incorporated in ISBP 745
837rev R856 the applicant whereas the credit used the abbreviation “Ind”. UCP 600 sub-article 14 (d) paragraph A1

Credit indicates the payment terms as 30 days after transport document


date; presented invoice indicates payment terms of ’L/C 30 days sight”;
838rev R848 issuing bank refuses documents due to conflict of payment terms. Miscellaneous Not an issue for ISBP 745

ISBP 745, paragraphs H8 (a)


Does a date appearing in the “Flight/Date” box of an air transport and (b) Consistent with ISBP 745
839rev R859 document represent the date of shipment? UCP 600 sub-article 23 (a) (iii) paragraphs H8 (a) and (b)
Did the documentary requirement for the bills of lading require that the No inconsistency with ISBP
840rev R830 bill of lading evidence shipment on or by a ‘regular liner vessel’? UCP 600 article 20 745
Impact of an extend or pay request under UCP 600; Did the content of the
extend or pay request, issued by a confirming bank, meet the
841rev2 requirements under the standby letter of credit for the presentation of a UCP 600 sub-article 8 (a); UCP
R869 complying demand, in the event the extension request was denied? 600 sub-article 7 (c ) Not an issue for ISBP 745
ISBP 681 paragraph 32; ISBP
842rev3 When a credit requires all documents to be manually signed, does this 681 paragraph 62; ISBP 745: Incorporated in ISBP 745
R881 include copies? paragraphs A31 (b) and C10 paragraphs A31 (b) and C10
ISBP 745 paragraph A27
When determining whether an electronically produced document is an UCP 600 article 17; UCP 600 Consistent with ISBP 745
843rev R874 original or not, does it matter if it is issued in colour or black and white? sub-article 17 (b) paragraph A27
When the positioning of an agents stamp and signature, when signing as
agent for a named carrier, appears within the area designated for ISBP 745 paragraph A37; ISBP
‘Signature of Shipper or his agent” does this identify the capacity in 745 paragraph A17
which the air waybill has been signed and meet the requirements of UCP 600 article 23; UCP 600 Consistent with ISBP 745
844rev R877 article 23? sub-article 16 (c) paragraphs A17 and A37
845 withdrawn n/a n/a
Do certain remarks, made by the master in respect of the condition of ISBP 745 paragraph F18b;
the containers, constitute a clause or notation expressly declaring a ISBP 745 paragraph E20 Consistent with ISBP 745
846rev R878 defective condition of the packaging of the goods? UCP 600 article 27 paragraph E20 (b)
Can a BPO be issued where one bank, but through different branches,
847rev R885 undertakes the role of Obligor Bank and Recipient Bank? n/a n/a
When a box in a Health Certificate is labeled “Species / Scientific name” UCP 600 sub-article 16 (c) (iii)
is it acceptable for it to be completed with the scientific name of the (b) / (c) /(d); UCP 600 article
goods rather than a general description that is not in conflict with that 12; UCP 600 sub-article 7 (a)
848rev R868 stated in the credit? (i) Not an issue for ISBP 745
Is a clause relating to the U.S. Administration Regulations regarding the
849rev3 non-diversion of the goods after receipt by the buyer, tantamount to a
R879 sanctions clause? Mandatory law Not an issue for ISBP 745
850 withdrawn n/a n/a
Did a document titled ‘Applicant’s Acceptance Certificate’ provide
evidence that it was issued and signed by the applicant?; When a sight
851rev3 draft is required, is it sufficient for the draft to simply indicate “At sight ISBP 745 paragraph B2 (a) Consistent with ISBP 745
R867 ….”? UCP 600 article 1 paragraph B2 (a)
In a confirmed letter of credit, where partial shipments are allowed and
the payment terms include “90% of the L/C value will be paid against
presentation of complying shipping documents”, is it correct that a
confirming bank need only honour or negotiate once complying
documents covering shipment of the full quantity of goods are
852rev R870 presented? UCP 600 article 8 Not an issue for ISBP 745
Consistent with ISBP 745
When a credit requires all documents to indicate the contract number ISBP 745 paragraph A19 (a); paragraph A19 (a) and
853rev R883 and date, does this include the draft and courier receipt? ISBP 745 paragraphs B2-B17 paragraphs B2-B17
854 withdrawn n/a n/a

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

When a factory acceptance test certificate is to be signed by one and/or


another named signatory and the presented certificate is presented duly
signed by both signatories but one is incomplete with regard to the Consistent with ISBP 745
867 R894 entity on whose behalf he is signing, is the document discrepant? Miscellaneous paragraph A35 (b)

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

ISBP 745 paragraph C3; ISBP


745 preliminary consideration
(iv); ISBP paragraph A23; ISBP
745 paragraph C5; ISBP 745
When a credit indicates that typing errors not affecting figures are paragraph C8 Incorporated in ISBP 745
acceptable, does this include a model number of the goods? Did the UCP 600 sub- article 18 (c); preliminary consideration
refusal notice of the issuing bank comply with UCP 600 article 16 and UCP 600 sub-article 16 (c) (iii) (iv), paragraphs C3, A23, C5
873rev R890 wording that appeared in the credit? (b); UCP 600 article 1 and C8
874 withdrawn n/a n/a
Does a different legal form of the beneficiary name constitute a ISBP 745 paragraph C2 (a);
discrepancy? When a goods quantity is rounded up or down, may a bank ISBP 745 paragraph A22 Incorporated in ISBP 745
875rev R893 complete a mathematical calculation and refuse if there is a difference? UCP 600 sub-article 18 (a) (i) paragraphs C2 (a) and A22
Consistent with ISBP 745
876rev R888 Beneficiary certificate indicating an incorrect letter of credit number UCP 600 sub-article 14 (d) paragraph A23

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)

UCP 600 sub-article 4 (a); UCP


Is the issuing bank able to refuse documents based on a condition in a 600 sub-article 14 (h); UCP
credit that can be considered as being non-documentary? Was the 600 sub-article 14 (a); UCP
refusal notice of the issuing bank issued according to the requirements 600 sub-article 16 (c) (i); UCP
of article 16 and, if not, is the issuing bank precluded from claiming that 600 sub-article 16 (c) (ii); UCP
878rev R892 the documents are discrepant? 600 sub-article 16 (f) Not an issue for ISBP 745
When a nominated bank submits a claim for interest to the issuing bank,
in respect of delay in reimbursement, is the nominated bank required to
provide proof that it has honoured or negotiated? When the issuing bank
states that it will reimburse the nominated bank upon receipt of
complying documents, can the nominated bank send an MT754 message
(advice of payment/acceptance/negotiation) to the issuing bank and UCP 600 article 2; UCP 600
879rev2 expect to receive reimbursement before documents reach the issuing sub-article 7 (a); UCP 600 sub-
R901 bank? article 13 (b) (iii) Not an issue for ISBP 745
UCP 600 sub-articles 7 (a) and
7 (b); UCP 600 article 5; UCP
What is the extent to which UCP 600 would prevail over a court 600 sub-article 4 (a); UCP 600
injunction imposed by a local court stopping the issuing bank from sub-article 15 (a); UCP 600
880rev R902 honouring under its credit? article 39 Not an issue for ISBP 745
When a credit contains mixed payment conditions i.e., 80% against
shipping documents and 20% upon presentation of an acceptance
certificate issued by the applicant or 45 days after the bill of lading date
(whichever is earlier), can the 20% payment be made without the 80%
881rev R910 presentation having first been honoured? Miscellaneous Not an issue for ISBP 745
ISBP 745 preliminary
considerations (ii); ISBP 745
If a credit includes the condition “Third party documents not acceptable”, paragraph A19 (d)
should this be viewed as a modification or exclusion of the rules, as UCP 600 article 1; UCP 600 Consistent with ISBP 745
allowed for in UCP 600 article 1 or should the advising bank reject the sub-article 14 (f) and articles preliminary considerations
882rev R913 condition as it contravenes ISBP 745 paragraph A19 (d)? 20 and 28 (ii) and paragraph A19 (d)

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

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