ISBP 745 - Bank Will Not Examine Alien Language

[iLC]

Folks, finally got some time to go through the new ISBP and felt that i should share some though with you. So my first thought on language

Banks do not examine data that have been inserted in a language that is additional to that required or allowed in the credit.

first of all, why to use a word like "Do Not". It does not mean that banks "can not" or banks "will not" or Banks "should not" or Banks "must not"

Ok i accept do not!

Now scenario 1 -
LC is silent on language requirement which means document may presented in any language. This in turn means that the above para has no value.

Now scenario 2 -
LC Says all document must be english. a document presented contain data in english and also some data in Hindi. As i understand, as per the above para, bank DO NOT examine the Hindi content even though the document examiner can read or write in Hindi. hummm... can a examiner in India in real life prevent himself from reading a line written in hindi? i doubt. so what will happen if he reads. Will he disregard it? ummm "do not" does not mean that i think. Ok as he reads, he finds that in Hindi it is written that the document is invalid unless counter signed by.... now what

Now scenario 3 -

LC says document must be in english or french. the nominated bank restrict the use of language to english. Can the beneficiary present a document which use both english and french? As per para A21(c) it seems not. can any one confirm me this?


If your answer is positive then i have one observation. In A21(a), when credit stipulates the language required, then data other than those required in a credit may be in other language. so why this variation? BTW, if i cant read the data, how can i know whether they are required by the credit or not

Thanks for reading long post

[abrar]

1. The ISBP reflects "practice" and the use of the words "do not" (not obliged to) reflects that this is practice rather than a directive.

2. Scenario 1. If the LC imposes a language, then the banks do not examine date inserted in an additional language. If the LC is silent on language, then data in any language will need to be examined

3. Scenario 2. Not obliged to check, but should follow best practice and all due diligence

4. Scenario 3. The bank has restricted examination to English language only and this is within theri right to do so. Therefore, documents in French would be considered an additional language and not subject to examination. The treatment of a document combining both languages would follow the same principle.

5. The first approach is to establish that the required data (in the language of the credit) does not conflict. Data in a different language would not be examined. In the case of specific data (in the language of the credit) being missing, it is not the bank's responsibility to examine whether inthe case of a document containing data in a different language, whether such data completes the data requirement or whether they create conflict

[WanDan]

Hi,

Now scenario 3 -

LC says document must be in english or french. the nominated bank restrict the use of language to english. Can the beneficiary present a document which use both english and french? As per para A21(c) it seems not. can any one confirm me this?

In this case applies IMHO A21, d - as A21, c, i says "...are only to be..." and not e.g. "...must not..."...

Cheers,
Dan

[dinesh2476]

Dear All,

I understand the statement ''the date required by the credit but i do not understand requirements of UCP 600 here

Language
A21. When a credit stipulates the language of the documents to be presented, the data required by the credit OR UCP 600 are to be in that language.


Please give me some example on the below.

Quote

The first approach is to establish that the required data (in the language of the credit) does not conflict. Data in a different language would not be examined. In the case of specific data (in the language of the credit) being missing, it is not the bank's responsibility to examine whether inthe case of a document containing data in a different language, whether such data completes the data requirement or whether they create conflict

Unquote