Certificate of Origin...need help...

Navi · Post by **Navi** » Tue Dec 22, 2009 2:41 am

Dear friends,
.
I would be happy with your comments on the following situation:
.
LC requires a certificate of origin issued by chamber of commerce...

In my country there is a specified form of certificate of origin. Beneficiary fills this form and apply to chamber of commerce with other required documents such as invoice, capacitiy report etc. Then Chamber of commerce, if sees no problem, certifies the document by a stamp of the chamber and authorized signature.

My problem is, when the beneficiary follows the above procedures, can we accept that the document as issued by chamber of commerce? or it is issued by beneficiary and certified by chamber of commerce? Does the document require signature of the beneficiary as the party filling the form? In other words we received document only certified by chamber of commerce, is it acceptable?

thanks & regards

21vita · Post by **21vita** » Tue Dec 22, 2009 8:14 am

Dear navi,
there is a case concerning the same question.
ICC case 228
.
LC requires certificate of origin form A ( do not mention who should be the issuer),a Form A printed on a paper with the company's letter head and certified by the chamber of commerce presented,and refused by issuing bank.
.
ICC opinion:
since the documents referred to are probably administrative documents for which preprinted official forms exist, presentation on letter headed paper would not be correct.
.
hope this helpful.

nesarul · Post by **nesarul** » Tue Dec 22, 2009 9:00 pm

Dear Navi,
I think ICC official opinion R448 - 2000/01 point 1 satisfied your requirement.
regards
nesar

Navi · Post by **Navi** » Wed Dec 23, 2009 2:57 am

Thanks friends and nesarul,
.
Official opinion R448 clarifies the matter and the document accepted to be issued by chamber of commerce.
.
Regards

Trang · Post by **Trang** » Fri Jan 22, 2010 6:07 pm

ICC Opinion R488 concluded that:
"Where a credit requires that a certificate of origin be issued by a chamber of commerce, the following criteria will apply:
+ The condition is satisfied if the document is issued by a chamber of commerce, i.e. on its letterhead or specified form-even though the details may have been completed by the beneficiary and the chamber merely signs.
+ Another acceptable alternative to this would be where the document is neutral, i.e. it is not on headed paper, but within the body there is evidence of completion and/or signature of a chamber of commerce.
A document issued on the letter head of the beneficiary or any other party (one that is not a chamber of commerce) would not be seen to comply with a requirement of issued by a chamber of commerce."
Hope it clarify everything.