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Beneficiary is different from Exporting country-Urgent

Posted: Sat Jul 06, 2019 7:03 am
by beomkomap
Dear Experts,

We are a manufacturer having 2 plants in 2 countries.
Say ABC in Thailand: the beneficiary; DEF in Indonesia: the exporter(goods shipped from Indo). DEF is a sister company, owned by ABC company.
Now LC stipulates "TRANSPORT DOCUMENT SHOWING THE NAME OF THIRD PARTY AS SHIPPER
ARE NOT ACCEPTABLE."

Questions:
1/ BL shows shipper as DEF. Is this discrepant?
2/ BL shows ABC as shipper but Cert of Origin shows DEF as exporter. Is this considered inconsistency in documents?

Please help to assist. Thanks a lot
Best regards

Re: Beneficiary is different from Exporting country-Urgent

Posted: Sat Aug 10, 2019 3:58 pm
by umit1492
dear beomkomap

you need to consider some comments:

1- as per ISBP 745 ( A19 - c ) " third party documents not acceptable " has no meaning and is to be disregarded. therefore the issuing banks normally do not involve themselves with such a phrase in MT700. but is your case since the bank has put "TRANSPORT DOCUMENT SHOWING THE NAME OF THIRD PARTY AS SHIPPER ARE NOT ACCEPTABLE." in mt700 , for preventing any discrepancy and chalenging with nominated and issuing banks , it is better to write the name of beneficiary in field of shipper of b/l.

regarding certificate of origin , ISBP 745 ( L6 ) strictly says " a certificate of origin may indicate as the consignor or exporter an entity other than the beneficiary of the credit"


hope this will be workable for you

b.regards
omid

Re: Beneficiary is different from Exporting country-Urgent

Posted: Mon Aug 19, 2019 12:20 pm
by cristiand969
B/L showing DEF as exporter is considered discrepant .Third party refers to other party than beneficiary in this scenario
Shipper and exporter may be different. Therefore option 2 is better to use

Re: Beneficiary is different from Exporting country-Urgent

Posted: Thu May 28, 2020 2:46 pm
by beomkomap
Thank you omid and cristiand969, I have followed option 2 and no discrepancy is found.

However, customs didn't allow the beneficiary as Shipper in BL as the goods are shipped by DEF in Indo, will have problem with Cert of origin. I therefore had to use 2 sets of B/L, 1 is for Cert of origin application, the other is for bank submission. Just sharing for others in case they face the same situation as I did. :)