Article 19 - Combined Transport document
The first reference to such a document appeared in UCP 290, article 23. The document was described as one that provided for a combined transport by at least two different modes of transport. It was stated that if the credit did not specify the form or issuer of such document, then banks would accept such document as tendered. In the event that such a document included one leg by sea, it need not indicate that goods were on board a named vessel, nor was it an issue if the document indicated that goods, if packed in a container, may be carried on deck provided it did not specifically state that the goods were loaded on deck.
UCP 400 contained reference to such transport documents in two articles, 25 and 28. Article 25 highlighted that the document could bear a number of different titles in order to identify it as such a document. It was made clear that when the modes of transport include one leg by sea, the document must not indicate that it is subject to a charter party nor is it acceptable for any applicable carrying vessel to be propelled by sail only.
The arrival of UCP 500 ensured that all requirements for multimodal transport documents, as they were now denoted, would be included within one article, article 26. Signing parties were amended to allow for signing by the master or a named agent for or on behalf of the master. Identification and capacity of the signing party now needed to be more explicit.
UCP 600, article 19, shows a change in the description of this type of document, now referring to it as a transport document covering at least two different modes of transport. This now explicitly refers to the way that transportation takes place, rather than to a specific named document. Reference to ‘on its face' has now been removed from this article. All reference to vessels propelled by sail was now removed as it was no longer considered applicable.
Article 20 - Bill of Lading
UCP 82, articles 19-24, initially addressed this type of document as Sea or Ocean Bills of Lading. Various types of such bills of lading were listed as being acceptable, however those issued by forwarding agents or covering shipment by sailing vessel were to be refused. Banks had the right to accept certain on deck shipments provided the goods were ‘of a special nature' and that such goods were insured. Bills of lading covering shipment by motor vessels were acceptable when shipment by steamship was required. On board notations were to give the date of loading on board in the port of shipment. Interestingly, it was stated that banks had the right to insist that the name of the beneficiary appear on the bill of lading as shipper or endorser.
The same numbered articles, 19-24, appeared in UCP 151 with ‘Charter Party' being mentioned for the first time. Banks now had the right to refuse documents evidencing on deck shipments but could still accept if relevant insurance was evidenced elsewhere.
UCP 222 retained five articles, now re-numbered as 17-21. Article 17 defined the types of bill of lading to be rejected and the types to be accepted. Reference to shipment steamship was deleted.
Four articles were provided in UCP 290, articles 19-22. For the first time, Short Form bills of lading were included as an acceptable type of document.
UCP 400, article 26, sought to include all relevant provisions within one article.
This was further entrenched with UCP 500, article 23. Each transport document now had a separate specific article, and the signing requirements for each were more specifically detailed.
UCP 600, article 20, included a number of formatting changes including deletion of reference to ‘on its face'.
Article 21 - Non-negotiable Sea Waybill
In view of the fact that this is a relatively modern document, the first reference did not appear until UCP 500 article 24.
UCP 600, article 21, included a number of formatting changes including deletion of reference to ‘on its face'.
Article 22 - Charter Party Bill of Lading
First referenced in UCP 222, article 17, as a type of bill of lading that would be rejected.
This was replicated in UCP 290, article 19.
Whilst the precise wording was altered, the same impact was achieved by UCP 400, article 26.
UCP 500 was the first in which Charter Party Bills of Lading had a specific article, article 25, providing all the specific requirements.
UCP 600, article 22, included a number of formatting changes including deletion of reference to ‘on its face'.
Article 23 - Air Transport
The first reference can be located in UCP 151 articles 25-27 under the generic heading ‘Railway Bills of Lading, etc. Specifically, the type of document is referred to as Airways Bills or Receipts.
UCP 222, article 22, referred to Air Transportation Waybills, Air Consignment Notes or Air Receipts.
In UCP 290, article 24, this changed to Air Waybills, Air Consignment Notes or Air Receipts.
UCP 400 did not provide a generic specific article for air transport, but incorporated the requirements within article 25.
A dedicated article for air transport surfaced with UCP 500, article 27.
UCP 600, article 23, included a number of formatting changes including deletion of reference to ‘on its face'.
Article 24 - Road, Rail or Inland Waterway
Not surprisingly this type of transport document can be tracked as far back as UCP 82 articles 25-27.
The same numbered articles could be seen in UCP 151 wherein the content changed very little.
UCP 222, article 22, combined a number of ‘other' shipping documents including those covering transport by road, rail and post.
This remained fairly consistent with the introduction of UCP 290, article 24.
UCP 400 did not provide a generic specific article for air transport, but incorporated the requirements within article 25.
A dedicated article for road, rail or inland waterway transport surfaced with UCP 500, article 28.
UCP 600, article 24, included a number of formatting changes including deletion of reference to ‘on its face'.
Article 25 - Courier Receipt, Post Receipt or Certificate of Posting
As with the above, this type of transport document can be tracked as far back as UCP 82 articles 25-27.
The same numbered articles could be seen in UCP 151 wherein the content changed very little.
UCP 222, article 22, combined a number of ‘other' shipping documents including Postal Receipts and Certificates of Mailing.
This remained fairly consistent with the introduction of UCP 290, article 24.
UCP 400 did not provide a generic specific article for courier and post, but incorporated the requirements within article 25.
A dedicated article for courier and post surfaced with UCP 500, article 28.
UCP 600, article 24, included a number of formatting changes including deletion of reference to ‘on its face'.
Article 26 - On Deck
UCP 82, article 21, stated that banks had the right to accept bills of lading mentioning stowage of goods of a special nature on deck provided that appropriate insurance was evidenced.
This was more or less repeated in UCP 151, article 21, with the difference being that banks now had the right to refuse such documents.
UCP 222, article 20, took this one stage further by stating that banks will refuse bills of lading showing the stowage of goods on deck, unless otherwise authorised in the credit.
This was further clarified in UCP 290, article 22, with the statement that banks would not refuse a bill of lading that included a provision that goods may be carried on deck, provided it does not specifically state that they will be.
Although a few formatting changes were incorporated, this was still the basic rule in UCP 400, article 28, and UCP 500, article 31 and continues to be in UCP 600, article 26.
Article 27 - Clean Transport Document
UCP 82, article 18, makes the statement that shipping documents bearing reservations as to the apparent good order and conditions of the goods may be refused.
This is repeated in UCP 151, article 18.
A change was made with the introduction of UCP 222, article 16, which stated a clean shipping document is one that bears no superimposed clause or notation which expressly declares a defective condition of the goods and/or the packaging, thereby allowing banks to refuse shipping documents that do bear such clauses or notations.
This was repeated in UCP 290, article 18, and UCP 400, article 34.
UCP 500, article 32, continued this rule but with the deletion of the word ‘superimposed'.
UCP 600, article 27, has simplified the rule by stating that banks only accept clean transport documents and that such a document is one that does not expressly declare a defective condition of the goods or packaging. It is further clarified that the word ‘clean' does not actually need to appear on the document.