International Standard Banking Practice

Transport Document Covering at Least Two Different Modes of Transport

Paragraph D1 to D32

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Application of UCP 600 article 19

D1) a. A requirement in a credit for the presentation of a transport document, however named, covering movement of goods utilizing at least two different modes of transport means that UCP 600 article 19 is to be applied in the examination of that document.

b. i. A multimodal or combined transport document is not to indicate that shipment or dispatch has been effected by only one mode of transport, but it may be silent regarding some or all of the modes of transport utilized.

ii. A multimodal or combined transport document is not to contain any indication of a charter party as described in paragraphs G2) (a) and (b).

c. When a credit requires the presentation of a transport document other than a multimodal or combined transport document, and it is clear from the routing of the goods stated in the credit that more than one mode of transport is to be utilized, for example, when an inland place of receipt or final destination are indicated, or the port of loading or discharge field is completed but with a place which is in fact an inland place and not a port, UCP 600 article 19 is to be applied in the examination of that document.

D2) In all places where the term "multimodal transport document" is used within this publication, it also includes the term "combined transport document". The transport document presented need not be titled "Multimodal transport document" or "Combined transport document" or words of similar effect even when the credit so names the required document.

Issuance, carrier, identification of the carrier and signing of a multimodal transport document

D3) a. A multimodal transport document may be issued by any entity other than a carrier or master (captain) provided it meets the requirements of UCP 600 article 19.

b. When a credit indicates "Freight Forwarder's Multimodal Transport Document is acceptable" or "House Multimodal Transport Document is acceptable" or words of similar effect, a multimodal transport document may be signed by the issuing entity without it being necessary to indicate the capacity in which it has been signed or the name of the carrier.

D4) A stipulation in a credit that "Freight Forwarder's Multimodal Transport Documents are not acceptable" or "House Multimodal Transport Documents are not acceptable" or words of similar effect has no meaning in the context of the title, format, content or signing of a multimodal transport document unless the credit provides specific requirements detailing how the multimodal transport document is to be issued and signed. In the absence of these requirements, such a stipulation is to be disregarded, and the multimodal transport document presented is to be examined according to the requirements of UCP 600 article 19.

D5) a. A multimodal transport document is to be signed in the form described in UCP 600 sub-article 19 (a) (i) and to indicate the name of the carrier, identified as the carrier.

b. When a multimodal transport document is signed by a named branch of the carrier, the signature is considered to have been made by the carrier.

c. When an agent signs a multimodal transport document for [or on behalf of] the carrier, the agent is to be named and, in addition, to indicate that it is signing as "agent for (name), the carrier" or as "agent on behalf of (name), the carrier" or words of similar effect. When the carrier is identified elsewhere in the document as the "carrier", the named agent may sign, for example, as "agent for [or on behalf of] the carrier" without naming the carrier again.

d. When the master (captain) signs a multimodal transport document, the signature of the master (captain) is to be identified as the "master" ("captain"). The name of the master (captain) need not be stated.

e. When an agent signs a multimodal transport document for [or on behalf of] the master (captain), the agent is to be named and, in addition, to indicate that it is signing as "agent for the master (or captain)" or as "agent on behalf of the master (or captain)" or words of similar effect. The name of the master (captain) need not be stated.

On board notation, date of shipment, place of receipt, dispatch, taking in charge, port of loading or airport of departure

D6) The issuance date of a multimodal transport document will be deemed to be the date of receipt, dispatch, taking in charge or shipment on board and the date of shipment, unless it bears a separate dated notation evidencing receipt, dispatch, taking in charge or shipment on board from the place, port or airport stated in the credit. In the latter event, such date will be deemed to be the date of shipment whether that date is before or after the issuance date of the multimodal transport document. A separate dated notation may also be indicated in a designated field or box.

D7) When a credit requires shipment to commence from a port, i.e., when the first leg of the journey, as required by the credit, is by sea, a multimodal transport document is to indicate a dated on board notation, and in this event paragraph E6) (b-d) will also apply.

D8) In a multimodal transport document, when a credit requires shipment to commence from a port, the named port of loading should appear in the port of loading field. However, it may also be stated in the field headed "Place of receipt" or words of similar effect, provided there is a dated on board notation evidencing that the goods were shipped on board a named vessel at the port stated under "Place of receipt" or words of similar effect.

D9) A multimodal transport document is to indicate the place of receipt, dispatch, taking in charge, port of loading or airport of departure stated in the credit. When a credit indicates the place of receipt, dispatch, taking in charge, port of loading or airport of departure by also stating the country in which the place, port or airport is located, the name of the country need not be stated.

D10) When a credit indicates a geographical area or range of places of receipt, dispatch, taking in charge, ports of loading or airports of departure (for example, "Any European Country" or "Hamburg, Rotterdam, Antwerp Port"), a multimodal transport document is to indicate the actual place of receipt, dispatch, taking in charge, port of loading or airport of departure, which is to be within that geographical area or range of places. A multimodal transport document need not indicate the geographical area.

D11) Terms such as "Shipped in apparent good order", "Laden on board", "Clean on board" or other phrases that incorporate "shipped" or "on board" have the same effect as the words "Shipped on board".

Place of final destination, port of discharge or airport of destination

D12) a. In a multimodal transport document, when a credit requires shipment to be effected to a port, the named port of discharge should appear in the port of discharge field.

b. However, the named port of discharge may be stated in the field headed "Place of final destination" or words of similar effect provided there is a notation evidencing that the port of discharge is that stated under "Place of final destination" or words of similar effect. For example, when a credit requires shipment to be effected to Felixstowe, but Felixstowe is shown as the place of final destination instead of the port of discharge, this may be evidenced by a notation stating "Port of discharge Felixstowe".

D13) A multimodal transport document is to indicate the place of final destination, port of discharge or airport of destination stated in the credit. When a credit indicates the place of final destination port of discharge or airport of destination by also stating the country in which the place or port is located, the name of the country need not be stated.

D14) When a credit indicates a geographical area or range of places of final destination, ports of discharge or airports of destination (for example, "Any European Country" or "Hamburg, Rotterdam, Antwerp Port"), a multimodal transport document is to indicate the actual place of final destination, port of discharge or airport of destination, which is to be within that geographical area or range of places. A multimodal transport document need not indicate the geographical area.

Original multimodal transport document

D15) a. A multimodal transport document is to indicate the number of originals that have been issued.

b. Multimodal transport documents marked "First Original", "Second Original", "Third Original", or "Original", "Duplicate", "Triplicate" or similar expressions are all originals.

Consignee, order party, shipper and endorsement, and notify party

D16) When a credit requires a multimodal transport document to evidence that goods are consigned to a named entity, for example, "consigned to (named entity)" (i.e., a "straight" multimodal transport document or consignment) rather than "to order" or "to order of (named entity)", it is not to contain the expressions "to order" or "to order of" preceding the named entity, or the expression "or order" following the named entity, whether typed or pre-printed.

D17) a. When a multimodal transport document is issued "to order" or "to order of the shipper", it is to be endorsed by the shipper. An endorsement may be made by a named entity other than the shipper, provided the endorsement is made for [or on behalf of] the shipper.

b. When a credit requires a multimodal transport document to evidence that goods are consigned "to order of (named entity)", it is not to indicate that the goods are straight consigned to that named entity.

D18) a. When a credit stipulates the details of one or more notify parties, a multimodal transport document may also indicate the details of one or more additional notify parties.

b. i. When a credit does not stipulate the details of a notify party, a multimodal transport document may indicate the details of any notify party and in any manner (except as stated in paragraph D18) (b) (ii)).

ii. When a credit does not stipulate the details of a notify party, but the details of the applicant appear as notify party on a multimodal transport document, and these details include the applicant's address and contact details, they are not to conflict with those stated in the credit.

D19) When a credit requires a multimodal transport document to evidence goods consigned to or to the order of "issuing bank" or "applicant" or notify "applicant" or "issuing bank", a multimodal transport document is to indicate the name of the issuing bank or applicant, as applicable, but need not indicate their respective addresses or any contact details that may be stated in the credit.

D20) When the address and contact details of the applicant appear as part of the consignee or notify party details, they are not to conflict with those stated in the credit.

Transhipment, partial shipment and determining the presentation period when multiple sets of multimodal transport documents are presented

D21) In multimodal transport transhipment will occur. Transhipment is the unloading and reloading of goods from one means of conveyance to another means of conveyance (whether or not in different modes of transport) during the carriage of those goods from the place of receipt, dispatch or taking in charge, port of loading or airport of departure to the place of final destination, port of discharge or airport of destination stated in the credit.

D22) Shipment on more than one means of conveyance (more than one truck [lorry], vessel, aircraft, etc.) is a partial shipment, even when such means of conveyance leaves on the same day for the same destination.

D23) a. When a credit prohibits partial shipment, and more than one set of original multimodal transport documents are presented covering receipt, dispatch, taking in charge or shipment from one or more points of origin (as specifically allowed, or within a geographical area or range of places stated in the credit), each set is to indicate that it covers the carriage of goods on the same means of conveyance and same journey and that the goods are destined for the same destination.

b. When a credit prohibits partial shipment, and more than one set of original multimodal transport documents are presented in accordance with paragraph D23) (a) and incorporate different dates of receipt, dispatch, taking in charge, or shipment, the latest of these dates is to be used for the calculation of any presentation period and must fall on or before the latest date of receipt, dispatch, taking in charge or shipment stated in the credit.

c. When partial shipment is allowed, and more than one set of original multimodal transport documents are presented as part of a single presentation made under one covering schedule or letter and incorporate different dates of receipt, dispatch, taking in charge or shipment, on different means of conveyance, the earliest of these dates is to be used for the calculation of any presentation period, and each of these dates must fall on or before the latest date of receipt, dispatch, taking in charge or shipment stated in the credit.

Clean multimodal transport document

D24) A multimodal transport document is not to include a clause or clauses that expressly declare a defective condition of the goods or their packaging.

For example:

a. A clause on a multimodal transport document such as "packaging is not sufficient for the sea journey" or words of similar effect is an example of a clause expressly declaring a defective condition of the packaging.

b. A clause on a multimodal transport document such as "packaging may not be sufficient for the sea journey" or words of similar effect does not expressly declare a defective condition of the packaging.

D25) a. It is not necessary for the word "clean" to appear on a multimodal transport document even when the credit requires a multimodal transport document to be marked "clean on board" or "clean".

b. Deletion of the word "clean" on a multimodal transport document does not expressly declare a defective condition of the goods or their packaging.

Goods description

D26) A goods description indicated on a multimodal transport document may be in general terms not in conflict with the goods description in the credit.

Indication of name and address of delivery agent at destination

D27) When a credit requires a multimodal transport document to indicate the name, address and contact details of a delivery agent or words of similar effect, at or for the place of final destination or port of discharge, the address need not be one that is located at the place of destination or port of discharge or within the same country as that of the place of destination or port of discharge.

Corrections and alterations ("corrections")

D28) Any correction of data on a multimodal transport document is to be authenticated. Such authentication is to appear to have been made by the carrier, master (captain) or any one of their named agents, who may be different from the agent that may have issued or signed a multimodal transport document, provided they are identified as an agent of the carrier or master (captain).

D29) Non-negotiable copies of a multimodal transport document need not include authentication of any corrections that may have been made on the original.

Freight and additional costs

D30) A statement appearing on a multimodal transport document indicating the payment of freight need not be identical to that stated in the credit, but is not to conflict with data in that document, any other stipulated document or the credit. For example, when a credit requires a multimodal transport document to be marked "freight payable at destination", it may be marked "freight collect".

D31) a. When a credit states that costs additional to freight are not acceptable, a multimodal transport document is not to indicate that costs additional to the freight have been or will be incurred.

b. An indication of costs additional to freight may be made by express reference to additional costs or by the use of trade terms which refer to costs associated with the loading or unloading of goods, such as, but not limited to, Free In (FI), Free Out (FO), Free In and Out (FIO) and Free In and Out Stowed (FIOS).

c. Reference in a multimodal transport document to costs which may be levied, for example, as a result of a delay in unloading the goods, or after the goods have been unloaded (demurrage costs) or costs covering the late return of containers (detention costs) is not an indication of costs additional to freight.

Release of goods with more than one multimodal transport document to be surrendered

D32) A multimodal transport document is not to expressly state that goods covered by that multimodal transport document will only be released upon its surrender together with one or more other multimodal transport documents, unless all of the referenced multimodal transport documents form part of the same presentation under the same credit.

For example, "Container XXXX is covered by B/L No. YYY and ZZZ, and can only be released to a single merchant upon presentation of all multimodal transport documents of that merchant" is considered to be an express statement that one or more other multimodal transport documents, related to the referenced container or packing unit, must be surrendered prior to the goods being released.