May the presentation be splitted by nominated bank

[Vital B.]

Hi,
dear colleagues need yr kind assistance.
The situation:
the bene has made one presentation under one documentary remittance consisting of following docs (partial shipments - allowed, the l/c requires + 1 original of invoice, + CMR - copy for sender):
+ 5 originals of the invoices,
+ 5 copies for sender of CMRs.
Each CMR is issued to 1 invoice, i.e. we have 5 pairs of docs (1 invoice + 1 CMR). 4 of 5 pairs are found complying with l/c terms, and 1 pair is discrepant. May the nominated bank (being confirming bank) honor the amount of complying docs (4 of 5 pairs) and refuse the 1 pair*.

* Mofication after Cristland post, first version was: "and advise the discrepancies found in 1 pair to the issuing bank (and to the applicant accordingly) without the beneficiary's consent to split the presentation."

Thanks in advance for yr attention.

[iLC]

yes, the nominated bank may split the presented documents given that each set of document independently meets the list of required documents. ICC has official position on this. since your position is nominated bank, i would prefer to have a confirmation from the beneficiary.

[Vital B.]

ICC has official position on this. .

Highly appreciate,
iLC, could you please point the number of opinion or any other doc of ICC indicating this position.

[cristiand969]

I would be reluctant in assuming that beneficiary may accept this or believing it is right to do so as benef presented docs under one cover and is expecting to receive funds as per their instruction in covering letter. Splitting out the documents would not be strictly as per benef instructions and may position the confirming bank in a difficult situation.
Acceptance of beneficiary on this must be sought.
Also I didn't understand as to why the nominated (confirming bank) should advise ISSUING bank of the discrepancy as it is not the docs presenter, nor the confirming bank seem to have been received benef instructions to send an MT750 to issuing bank. Why to advise confirming bank discrepancy to applicant????? Murphy's laws seems to be applicable so beware of the risks you may expose your bank in doing that.