Two Sets Of Identical Document Presented Under 2 Reference

[shahriar]

dear all,

say a lc has been issued for 100000. now the issuing bank received a set of document for 50000 and found it complying. after 15 days the issuing bank received another set of document from the same presenting bank under a different reference no. but the two sets of documents are identical, including bill of lading. what should the issuing bank do?

regd

shahriar

[hassan]

if the reference is different so from what view point two sets of docs are identical? usually the LC number is mentioned in docs. is it mentioned in this case? please explain a little more.

[shahriar]

dear hassan,

thanks for your answer. the LC no is mentioned on the covering letter. only the covering letter reference is different. to me a cover letter is not a part of the document.

regd

shahriar

[cristiand969]

It is impossible to have 2 identical sets of documents in the circumstances mentioned particularly referring to the fact that each presentation consist of Billl of lading (each one usually requested in full set)
How then can be made a presentation of ORIGINAL 3/3 BL no. 123 and then another ORIGINAL 3/3 BL. no. 123 unless it is a forgery?
regards
Cristian

[iLC]

this is impossible to have such document as cristian said. but so far i know, such instances are there in reality. how the issuing bank deal with that document i dont know though. any, say if such a document is presented, can the issuing bank refuse based on the fact that the BL no. is identical? i dont think. the over all content of the BL would be important here.

[ofei]

Perhaps it is for the sake of safety that the bank forwards documents twice. But i dont' understand how many orginals has B/L be made in.Since the full set of docs are complying, the issuing bank may disregard the other full set of docs.

[jmitra]

its a difficult question. each presentation under a LC is independent. therefore i dont think that reference no or content of BL in one document can rule out the other. i agree with cristian that one BL must be forge. but whats the guarantee that the 2nd presentation has the forge bill of lading. can the bank refuse the document assuming so?

regd

mitra

[cristiand969]

Dear mitra.
Good question indeed. In my opinion the issuing bank need not refuse the second presentation, but at the same time need not to pay because this second presentation constitute a duplicate of first one and hence is going to be treated as ADDITIONAL DOCUMENTS of the first presentation to be deal with under art. 14g of UCP600.
The presenting bank should be advised accordingly of that copy of first presentation regardless original docs presented second time.
Alternativelly, even if one treats as a separate presentation the bill of lading will be discrepant being in conflict with art. 20iv as this is not full set because you have the proof of issuance of another 3 ones in the first presentation.
All in all, regardless what standard is applied (excluding having duble standards) the second presentation cannot be settled.