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Back to back LC -- certficate of origin

Posted: Sat Jul 20, 2019 3:13 am
by aelle
hello,
could yuo give me safe suggestion for avoiding discrepancy :
against back to back LC Beneficiary: Marcora Srl Applicant: Colmec srl Consignee Group LTD LIbya
46a: cert origin authenticated by chamber of commerce and authenticated by Libyan Embassy
47 a: all required docs mush show as exporter /shipper; Marcora srl on behalf and for account Colmec srl and consignee Group Ltd Libya
- goods value and unit price and total amount and invoice number not to be mentioned on all docs except on commercial invoices
The problem:
Libyan Embassy requires at field 5 of certif origin to show Invoice number, so the CCIA will authenticate co presented by Marcora (benef) on behalf of Colmec by inserting invoice nr (Marcora invoice), even the Invoice will be authenticated . The Embassy will authenticate the c.o. + relating invoice
Possible discrepancy:
Beneficiary (marcora) invoice nr in the c.o
Solution:
(To amend back to back)
to show Beneficiary nvoice nr in the co acceptable

Could be acceptable and complying? Or other suggestion? In this case does the Applicant need to amend its master LC as well?
Many thanks for your comments
-A

Re: Back to back LC -- certficate of origin

Posted: Mon Jul 22, 2019 11:17 pm
by aelle
I hope to get reply from Picant or other guru, thank you
Aelle

Re: Back to back LC -- certficate of origin

Posted: Wed Jul 24, 2019 12:46 am
by picant
Salve,

in effect the l/c contains something not clear and impossible to follow.
Have you controlled ISBP 745?
Let me know.
Ciao

Re: Back to back LC -- certficate of origin

Posted: Wed Jul 24, 2019 8:54 pm
by aelle
Salve Picant,
I think the suitable solution is the following: first of all to amend the LC by asking to show shipper/consignor lc nr... then to apply to the master lc the ISBP 745 ( ISBP para. L8 just states a certificate of origin may indicate a different invoice number, invoice date and shipment routing to that indicated on one or more other stipulated documents provided the exporter or consignor shown on the certificate of origin is not the beneficiary. ) The co shows Marcora on behalf of Comec as shipper ( Marcora is ben of back to back and shipper on behalf of Colmec ,,,,Colmec is ben of master LC) Your comments will be highly appreciated
grazie ciao

Re: Back to back LC -- certficate of origin

Posted: Thu Jul 25, 2019 1:14 am
by picant
Salve,

thank you for the "Guru", in presence of conditions that make the l/c unworkable, we have to find the
solution to the problem but considering the way of getting money from the issuing bank.
If it is possible to debit an account or ask and receive the proceeds before that the documents reached the issuing bank and not send these documents to the foreign bank and wait for the credit entry.
Assuming that it is possible to obtain payment in few days and in Italy, in your case, I will present a certificate of origin issued by the Chamber of Commerce, containing a Legalization (UPICA) and authenticated by the Lybian Embassy where the number of invoice is indicated(discrepancy. But as per para. A7 ISBP 745, agreed with the Chamber of Commerce, bearing a correction stamp cancelling the invoice number. So the Certificate of origin will not more indicated the cause of discrepancy.
As said before, this is possible when proceeds is at disposal, otherwise the issuing bank will argue and money transfer blocked.
Other comments appreciated.
Ciao,

PS my email picchi.antonio@virgilio.it

Re: Back to back LC -- certficate of origin

Posted: Thu Jul 25, 2019 8:04 pm
by aelle
Hi Picant,
thank you very much for your helpful solution,I was also thinking about this escamotage, but as soon as I will get credit by deferring the dispatch of the docs to the issuing bank , Is there any possible block funds risk to the beneficiary of the master LC (BtB LC applicant)?
Your comment will be appreciated, ciao