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ISBP 745: General Principles Part 4

26/09/2016

General Principles:

 

A31: Signing of originals and copies

It is not always the case that an original document must be signed.

It is not required or expected that copies of documents be signed or dated.

A32: Insertion of shipping marks on documents

In the event that a document evidences shipping marks, these must not be in conflict with any shipping marks that have been mentioned in the documentary credit.

 

However, such shipping marks do not necessarily need to be displayed in the manner shown in the documentary credit (i.e., in the same order or sequence). 

A33: Shipping marks and excess data

For certain types of goods e.g., those that are fragile, subject to temperature controlled environments, etc. it is common for shipping marks to include reference to such basic requirements for the concerned goods. 

 

These markings will often be in excess of any shipping marks that may be stated in the documentary credit.

A34: Shipping marks and containerisation

The fact that some documents may include more detailed shipping marks than others, does not necessarily create a conflict of data and provide a reason for refusal of documents.

 

A35: Requirements for signature on documents

Types of signatures are referred to in ISBP 745, paragraph A31 (a) wherein it is emphasised that a signature need not always be handwritten.

 

It is important that a document examiner is aware of the signing requirements and options so that documents are not refused for the wrong reason. See UCP 600 article 3.

A35: Signatures by electronic means

Documents may be signed "electronically". However, care should be taken in how such "signature" should be applied and accepted.

A36: Signature identification

A signature will often appear on a letter headed document, and appear to have been issued by a specific person or entity. In this event, the signature is to be interpreted as the signature of that specific person or entity.

A37: Signatures in boxes, fields and spaces

ISBP 745, paragraph A17 outlines that boxes, fields or spaces in a document do not necessarily require a signature i.e., the shipper or its agent field on an air transport document.

 

A38: Validity of signatures

"This document is not valid if it does not contain the signature or countersignature of (name of person or entity)".

 

Wording such as that quoted above necessitates the need for a signature and the name of the relevant person or entity to appear on the document.

A39: Title of documents

The concept for the title of documents follows that which is expressed in UCP 600 articles 19-25 for each of the transport documents i.e., one of "however named".

A40: Separate and consolidated documents

It is normal practice that a document required by a documentary credit will be presented as an individual document.

 

However, it can often be that a beneficiary will comply with the requirement by presenting a single document i.e., a "packing and weight list". In this event, the beneficiary should present two originals of that document - one to serve as a packing list and one as a weight list.

A41: Multifunctional documents

This paragraph covers the practice when a credit may require a single document covering two functions, for example a Certificate of Quality and Quantity, and the issuer provides two separate documents covering each function.

 

 

For more detailed training material on this subject, refer to the ISBP modules at http://www.tradefinance.training/


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