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This covered Interpreting and applying the phrase "read in context with" in respect of UCP 600 sub-article 14 (d) and was published on 14 November 2024, link below. 

https://library.iccwbo.org//content//tfb//BRIEFINGS//20241113_TABriefing_No_12_Read_in_Context.pdf

It should be noted that all ICC Technical Advisory Briefings are for educational guidance only. 

ISSUE

UCP 600 sub-article 14 (d) states that data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.

In order to ensure global clarity, it is considered appropriate to provide an understanding of the phrase "read in context with". 

INTRODUCTION

UCP 600 sub-article 14 (d) is critical to the process of examining documents under UCP 600; as such, careful attention must be taken when applying the content to the examination process.

The contextual application of the phrase "read in context with" has four perspectives:

• to the documentary credit as issued and/or amended,
• to the document presented for examination,
• to the governing rules, and,
• to international standard banking practice.

The data in a document are to be read in context with all of the above and need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.

It is essential to read this sub-article in conjunction with UCP 600 sub-article 14 (a) wherein it is stated that a bank must examine a presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation. 

Although one or more documents may individually comply, if one or more documents are in conflict with one another, there is no compliance.

The combination of sub-articles 14 (a) and (d) establishes three key doctrines:

• that a presentation must be examined, solely on the basis of the submitted documents, in order to determine if the documents appear on their face to constitute a complying presentation;
• that compliance is based upon the terms and conditions of the credit, the UCP 600 rules, and international standard banking practice;
• that documents appearing as conflicting do not constitute a complying presentation.

ANALYSIS

UCP 600 sub-article 14 (d) is critical to the process of examining documents under UCP 600; as such, careful attention must be taken when applying the content to the examination process.

The contextual application of the phrase "read in context with" has four perspectives:

• to the documentary credit as issued and/or amended,
• to the document presented for examination,
• to the governing rules, and,
• to international standard banking practice.

The data in a document are to be read in context with all of the above and need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.

It is essential to read this sub-article in conjunction with UCP 600 sub-article 14 (a) wherein it is stated that a bank must examine a presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation. 

Although one or more documents may individually comply, if one or more documents are in conflict with one another, there is no compliance.

The combination of sub-articles 14 (a) and (d) establishes three key doctrines:

• that a presentation must be examined, solely on the basis of the submitted documents, in order to determine if the documents appear on their face to constitute a complying presentation;
• that compliance is based upon the terms and conditions of the credit, the UCP 600 rules, and international standard banking practice;
• that documents appearing as conflicting do not constitute a complying presentation.

SUMMARY

UCP 600 sub-article 14 (d) refers to "when read in context with" as an additional qualification of "not in conflict with". 

It means that the requirements of the documentary credit, the structure and purpose of the document itself and international standard banking practice need to be assessed, understood and be taken into consideration in determining compliance of a document. In essence, the role of the data in the credit and in the document itself are relevant to the determination of compliance together with international standard banking practice.