Need help regarding Article 17

[saguna2018]

Hi,

As per 17a
“At least one original of each document stipulated in the credit must be presented”
As per 17d
“ If a credit requires presentation of copies of documents, presentation of either originals or copies is permitted.”

Now, suppose L/C calls for “ 1 copy” of document “A” and Beneficiary submits 1 “copy” . This will be complying with 17d but then, would it not be non-complying to 17a by virtue of the fact that an original has not been submitted?
Or does it simply mean that if a “copy” is submitted, it has to be anyway accompanied with an "original" even if not specifically stated in the LC?

TIA
SGN

[dinesh2476]

SGN,

“At least one original of each document stipulated in the credit must be presented”- This is to cover the copy of presentation of documents where LC has not specifically talked about the original and copies of documents to be presented. The intention is to present at least one original when LC is silent about number of originals and copies.

Thanks &Regards
Dinesh Kumar

[picant]

Hi Pal,

by requesting a copy of document A, original or copy has to be acceptable-
other comments appreciated
ciao

[saguna2018]

Hi Dinesh,
You got my query and thanks for the quick revert.

Hi Picant,
Thanks for your revert . However I was referring to a scenario where requirement for "original" is not mentioned in the Credit and only a "copy" is called for and the beneficiary submits only a "copy" and no "original". Can he submit the copy and claim that he has complied with Credit requirements while 17a clearly asks for "at least 1 original of all stipulated documents ". Hope you would agree with Dinesh that " The intention is to present at least one original when LC is silent about number of originals and copies. "

Thanks
SGN

[cristiand969]

Dear SGN,
Picant was right. You have read the article 17 a) isolated (an not in conjunction) with the rest of the rules.
At least one original is to be presented is to be understood "unless the credit requires otherwise".
In suporting this statement I remember you that:
- as per paragraph A 29 d iii or iv, of ISBP, a requirement for a copy will be satisfied by the presentation of photocopy, copy or , when not prohibited, an original.
- art 1 of UCP 600 : They are binding on all parties thereto unless expressly modified or excluded by the credit.
By requiring a copy of a document, the credit expressely modified the requiremen for an original as per 17a.
.
To answer to your question: yes , benef may present either copy or an original. There is no need or obligation imposed to attach the original doc to a required copy. Otherwise the requirement will be implicitly for an original.

[saguna2018]

Hi Christian,

That was a very clear explanation

Thanks a lot
SGN