Documents Lost In Transit & Nominated Bank Failed To Sent Copy

[RAKESHCH]

It is widely understood that even when docs are lost in transit the issuing bank is obliged to pay(when docs are determined to comply and when they are forwarded to IB).
Even though the docs are lost in transit IB may need copy of docs to be presented to them

Query:if the nominated bank is not in aposition to provide copy of docs to IB , will the issuing bank be obliged to pay?

[RAHULCH]

Rakesh

when the nominated determines that it comply, practically its the duty of the nominated bank to keep a copy of documents.
They are well within the right to aprroach to get a copy of documents, but in the case you mentioned ,issuing bank is not liable to pay unless the nominated bank provide the copy documents.

[felix]

Hi Rahulch

Is there any ICC opinion which states that issuing bank can refuse payment in the subject case?
Art 35 UCP 600 makes no provision for this eventuality.

There is another interesting aspect to this. If the nominated bank presents the copies & issuing bank determines that on the face of it the documents do not comply with the credit terms can it refuse to pay?
IMHO the issuing bank should to pay in either of the cases. If the nominated bank has stated that the presentation was complying & there is no way to verify this since documents are not available then issuing bank has no option but to go by what the nominated bank has stated. Also does the nominated bank have an obligation to keep the copies of the documents with it?

In the 2nd case copies of documents submitted to issuing bank does not constitute a presentation. Therefore it cannot refuse to pay & once again has to go by what the nominated bank has stated

Request other views also

Regards
Felix

[thutrang9591]

The issuing bank has authorized the nominated bank to check and honour the docs. for him, so he should pay when the nominated bank determine that docs. comply, unless there is an evidence shows that it is not a complying presentation. The nominated bank is not required by ucp to provide issuing bank with a copy of docs but i think in practice they should to so to prove that they did in good faith,