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ICC Draft Opinions July 2024

07/05/2024

TA.941

A credit was issued subject to UCP 600 requiring presentation of a full set clean on board or shipped negotiable marine bills of lading. The presented bills of lading included a statement indicating: "Cargo Conditions As Per Survey Report issued by [name of survey company]." The survey report was not required to be presented un- der the terms and conditions of the credit. 

 

The issuing bank considered the bill of lading to be discrepant on the basis that as the survey report was not included as a part of the presentation, it was not possible to determine if the bill of lading was "clean". 

 

 

TA.942

A demand guarantee was issued subject to URDG 758, including the following requirement: "For identification purposes the Beneficiary's payment request shall be submitted via its servicing bank [Bank B], SWIFT: [SWIFT address of Bank B] that will confirm that the Beneficiary's signature(s) thereon is/are authentic and legally binding upon the Beneficiary." 

 

A written demand was made by the beneficiary via courier service and apparently relayed through the advising bank directly to the guarantor. The demand was followed by an unauthenticated SWIFT message sent by the advising bank, to the guarantor, seeking the guarantor's confirmation of receipt of the beneficiary's demand. 

 

As both means of delivery were not authenticated and no confirmation that the beneficiary's signatures are authentic and legally binding upon the beneficiary were received, the guarantor did not consider this to be the final demand according to URDG 758 sub-article 14 (c), on the basis that the required SWIFT message is deemed not to have been presented. 

 

 

TA.943

Documents required under the LC were submitted by beneficiary to the advising bank, stating on the cover letter: "Please send documents on approval basis", in order to have the documents immediately sent to the issuing bank, without further delay.

 

The advising bank forwarded documents to the issuing bank without a specific statement of "on approval basis", but with the request to remit proceeds to their (advising bank's) account. The documents were lost in transit between the advising bank and the issuing bank.  

 

Clarification sought on the understanding of "approval basis" and the obligations of the advising and issuing banks. 

 

 

TA.944

A documentary credit was issued subject to UCP 600, requiring presentation of bills of lading consigned to order of shipper, blank endorsed, with charter party bills of lading being acceptable. 

 

The field for "shipper" on the presented charter party bill of lading indicated "[YYYY Company] for and o/b of [Beneficiary Company]", and was endorsed in blank by the "Beneficiary Company" with a stamp and signature. 

 

 

TA.945

A nominated bank received a set of compliant documents (including a full set of clean on-board ocean bills of lading, made out to order and blank endorsed) under an LC subject to UCP 600. 

 

The documents are included in a package which was sealed and sent to the issuing bank via international courier pursuant to the LC terms and conditions. Subsequently, the issuing bank claimed to have received an empty, undamaged, sealed envelope from the nominated bank.

 

 

 

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