shipping co's cert

peterpeter · Post by **peterpeter** » Sat Mar 21, 2009 8:33 pm

L/C requires a shipping co's cert stating the vessel is not via somewhere. Should the cert require to show B/L no.? If the cert shows LC no., is it ok?

Judith · Post by **Judith** » Sun Mar 22, 2009 7:14 pm

As per article 14, if LC requires documents other than invoice, transport and insurance documents, it must provide the contents. If no contents are provided, the documents will be acceptable as presented provided they fulfil their function. (E.g. if packing list is called for, it must mention something about packing).

In the stated case, there does not appear to me any requirement for BL number to be stated in the certificate and therefore would be acceptable without this information. If extra information (like LC number) is provided in the certificate, it will be acceptable as long it does conflict with the LC number in the credit.

shahriar · Post by **shahriar** » Sun Mar 22, 2009 7:23 pm

in my opinion, such certificate must relates to the vessel in someway. a document must fulfill its function. here the job of the certificate is to prove that the carry vessel is not via xxx. unless it mention the vessel name, what is it certifying then. its just a blank shot. hence the certificate must show the vessel name and voyage no or at least the bill of lading no.

merely quoting the LC no. does not mean anything. we also need to consider that the theory of linkage no more works in UCP.

Judith · Post by **Judith** » Sun Mar 22, 2009 7:30 pm

The certificate ought to show the vessel details but I think only BL number if shown will not be enough.

shahriar · Post by **shahriar** » Sun Mar 22, 2009 7:41 pm

generally such certificate will come from the carrier. now for that carrier the BL no. is uniques and therefore reference of the bill of lading no. should be sufficient to understand that the vessel is not via...

shruti · Post by **shruti** » Mon Mar 23, 2009 12:50 am

Dear Peter
considering we have not excluded article 14f, its applicabilty will prevent this certificate to be discripant.
we should have specified this as data content of certificate .

regards
n k k
nkkalra04@rediffmail.com

wongvv · Post by **wongvv** » Mon Mar 23, 2009 10:02 am

Hi !

The question about Art 14f "fulfill the function of the required document" would be considered, only when the L/C is "without stipulating its data content' of the required document. Therefore, if the L/C has already stipulated the data content in the required document, this document is only required to indicate this data requirement to be complicant. Any extra reference outside L/C's requirements is no need on the basis of no more linking considered.

V.V.

SHAMEER · Post by **SHAMEER** » Mon Mar 23, 2009 4:53 pm

Until the DC requires to show the BL or the DC no. on the cert, its not required.

.

B.regards

cristiand969 · Post by **cristiand969** » Mon Mar 23, 2009 4:58 pm

Based on the structure of document required banks will still look for a form of linkage between such a document and transport document on the basis that the shipping co can have and can manage more than one vessel. So either vessel name or B/L no. and date or better both should be considered.
Although what shahriar said is correct (about no more requirement of linkage between docs), it would be prudent to show one of them, I cannot make it public why but my experience dictates that it would be advisable to do so.

iLC · Post by **iLC** » Mon Mar 23, 2009 7:53 pm

i have similar feeling dear cristian. i would rather say that i miss the linkage a lot. its not always possible to work on the face. this case is a very good example. i am waiting that someday ICC will go back to linkage. by the way, can someone tell me what was so wrong with this LINKAGE?

cristiand969 · Post by **cristiand969** » Mon Mar 23, 2009 8:43 pm

Dear ILC,
In fact you are right! If one looks at ISBP art. 13 it is stated: Although it is expected that a required certificate or declaration in a separate document be dated, its compliance will depend on the type of certification or declaration that has been requested, its required wording and the wording that appears within it. Whether other documents require dating will depend on the nature and content of the document in question. Therefore, the date of such a document will depends in some circumstances with other facts which I will see as a linkage.
have a nice day
C

shahriar · Post by **shahriar** » Wed Mar 25, 2009 10:43 pm

i have discussed the issue with some experts and have been given the decision that the document is complying. :?

with that i must say, im still a kid in LC world.

shipping co's cert

shipping co's cert

Content must fulfil function

does not fulfill the function

BL number without vessel details is not enough

may be

contents of certificate

interpretation of Art 14f

SHIPPING CO. CERTIFICATE

my view

linkage and no linkage

Some thoughts on the topic

complying