Amendment Effective at the date of issue
Posted: Thu Oct 14, 2010 9:49 pm
Dear Expert,
May I ask for your opinion on the following:
LC ISSUED BY DEF BANK LTD ON 13FEB10.
NEGOTIATING BANK : GHI BANK LTD.
DATE OF PRESENT OF DOCUMENTS TO ISSUING BANK: OCT 6, 2010
DATE OF ISSUE OF AMENDMENT OCT 6, 2010
DATE OF RECEIPT OF AMENDMENT BY THE BENEFICIARY ON OCT 10,2010
CONTENT OF AMENDMENT :
DOCUMENTS SHOWING DOCUMENTARY CREDIT NUMBER, DOCUMENTARY CREDIT ISSUING DATE AND NAME OF EXPORTER DIFFERENT FROM THIS DOCUMENTARY CREDIT ARE ACCEPTABLE.
L/C DOCUMENTS REQUIRED:
1. CERT. OF ORIGIN ISSUED BY CHAMBER OF COMMERCE.
2. FULL SET CLEAN ON BOARD B/L MADE OUT TO ORDER OF SHIPPER AND ENDORSED IN BLANK.
DISCREPANCY CITED BY ISSUING BANK:
1. IN CERT OF ORIGIN CONSIGNEE MENTIONS TO ORDER OF ABC BANK LTD. AND LC NO. 12345 DATED 10JAN10 INSTEAD OF MENTIONS AS 67890 DATED 13FEB10 AND EXPORTEER NAME DIFFERS FROM DC.
I TREAT THE DISCREPANCY IS INVALID SINCE THE AMENDMENT IS APPLIED EVEN THOUGH IT IS RECEIVED LATER THAN THE DATE OF PRESENT OF DOCUMENTS BY THE NEGOTIATING BANK. SINCE AMENDMENT IS EFFECTIVE AT THE DATE OF ISSUE BY THE ISSUING BANK.
PLEASE COMMENT WHETHER IT IS CORRECT OR NOT.
For your reference paragraph 185 of ISBP 2007 is as under:
“The certificate of origin may show the consignor or exporter as a party other than the beneficiary of the credit or the shipper on the transport document.”
UCP600 Article 10
b. An issuing bank is irrevocably bound by an amendment as of the time it issues the amendment.
c. The terms and conditions of the original credit (or a credit incorporating previously accepted amendments) will remain in force for the beneficiary until the beneficiary communicates its acceptance of the amendment to the bank that advised such amendment. The beneficiary should give notification of acceptance or rejection of an amendment. If the beneficiary fails to give such
notification, a presentation that complies with the credit and to any not yet accepted amendment will be deemed to be notification of acceptance by the beneficiary of such amendment. As of that moment the credit will be amended.
.
THANK YOU FOR YOUR ASSISTANCE.
REGARDS,
UCP 800
May I ask for your opinion on the following:
LC ISSUED BY DEF BANK LTD ON 13FEB10.
NEGOTIATING BANK : GHI BANK LTD.
DATE OF PRESENT OF DOCUMENTS TO ISSUING BANK: OCT 6, 2010
DATE OF ISSUE OF AMENDMENT OCT 6, 2010
DATE OF RECEIPT OF AMENDMENT BY THE BENEFICIARY ON OCT 10,2010
CONTENT OF AMENDMENT :
DOCUMENTS SHOWING DOCUMENTARY CREDIT NUMBER, DOCUMENTARY CREDIT ISSUING DATE AND NAME OF EXPORTER DIFFERENT FROM THIS DOCUMENTARY CREDIT ARE ACCEPTABLE.
L/C DOCUMENTS REQUIRED:
1. CERT. OF ORIGIN ISSUED BY CHAMBER OF COMMERCE.
2. FULL SET CLEAN ON BOARD B/L MADE OUT TO ORDER OF SHIPPER AND ENDORSED IN BLANK.
DISCREPANCY CITED BY ISSUING BANK:
1. IN CERT OF ORIGIN CONSIGNEE MENTIONS TO ORDER OF ABC BANK LTD. AND LC NO. 12345 DATED 10JAN10 INSTEAD OF MENTIONS AS 67890 DATED 13FEB10 AND EXPORTEER NAME DIFFERS FROM DC.
I TREAT THE DISCREPANCY IS INVALID SINCE THE AMENDMENT IS APPLIED EVEN THOUGH IT IS RECEIVED LATER THAN THE DATE OF PRESENT OF DOCUMENTS BY THE NEGOTIATING BANK. SINCE AMENDMENT IS EFFECTIVE AT THE DATE OF ISSUE BY THE ISSUING BANK.
PLEASE COMMENT WHETHER IT IS CORRECT OR NOT.
For your reference paragraph 185 of ISBP 2007 is as under:
“The certificate of origin may show the consignor or exporter as a party other than the beneficiary of the credit or the shipper on the transport document.”
UCP600 Article 10
b. An issuing bank is irrevocably bound by an amendment as of the time it issues the amendment.
c. The terms and conditions of the original credit (or a credit incorporating previously accepted amendments) will remain in force for the beneficiary until the beneficiary communicates its acceptance of the amendment to the bank that advised such amendment. The beneficiary should give notification of acceptance or rejection of an amendment. If the beneficiary fails to give such
notification, a presentation that complies with the credit and to any not yet accepted amendment will be deemed to be notification of acceptance by the beneficiary of such amendment. As of that moment the credit will be amended.
.
THANK YOU FOR YOUR ASSISTANCE.
REGARDS,
UCP 800