Late shipment in copy of transport document: disc or not

[elly.may]

Hello,

I kindly ask you to consider the following situation:

Documentary Credit issued per SWIFT MT700 according to UCP 600,
in field 46, together with other documents, required:
- Copy of Railway Bill...
field 44C:100228

Beneficiary has presented required copy of Railway Bill
with the date of shipment (calendar stamp of departure station), i.e.
100301.
I see that copy of Railway Bill is not a transport document but in l/c
terms the latest date of shipment is indicated.

We, as nominated bank, determined that above mentioned presentation does
not comply (discrepancy - late shipment) because the copy of Railway
Bill shows
a calendar stamp of departure station and l/c terms contain field 44C.

Am I right or not?

Thank you very much for your reply.

Best regards,

[Negotiator]

Dear Elly,

I remember that we already have discussed similar situation recently in this forum. (although I forgot where it is )

ISBP 681 Paragraph 20 states :
Copies of transport documents are not transport documents for the purpose of UCP 600 articles 19-25 and sub-article 14(c). The UCP 600 transport articles apply where there are original transport documents presented. Where a credit allows for the presentation of a copy transport document rather than an original, the credit must explicitly state the details to be shown. Where copies (non-negotiable) are presented, they need not evidence signature, dates, etc.

"Copies of transport documents are not transport documents for the purpose of UCP 600 articles 19-25." So when a copy of rail waybill is required in the credit, the date of shipment cannot be determined whether it bears dated stamp or not, because only UCP 600 Article 24 can give a guideline to determine the date of shipment but this article is not applicable in this case.

In my opinion, such a presentation will not be subject to latest date of shipment, provided that the credit does not expressly stipulate otherwise how to determine a date of shipment and that the docs are presented before the expiry date.

More comments welcome Regards.
Lee

[edilee]

my opinion as per 14c it can not be subject to determine presenation period
but it can be subject to late shipment
other comments appreciated
regards

[danohng]

If the credit call for copy of transport document and the latest shipment date is stated, even such document is not an original transport document and UCP 600 article 14c do not apply, the bank must still ensure the presentation of such document do not carry any data conflicting with the terms of the credit.

In my opinion - the bank should apply UCP 600 article 14d - data in document, when read in context with the credit, the document itself and the iSBP, need not be identical to, but must not conflict with data in that document, any other stipulated document or the credit.

Any comment are welcome..

[Negotiator]

Did the rail waybill in your case show the words "the date of shipment" expressly?

If so, I would agree with the other's opinions. But if not, I still think that the copy of rail waybill should not be subject to the latest date of shipment, because we cannot determine "the date of shipment" from the document itself.

Thanks and regards.
Lee.