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Factual Summary: On 28 January 2008, Licheng placed an order with Futai for a batch of codfish, which was delivered by Futai to Licheng’s Finland client and Russia Client. To pay for the sale of codfish under contracts between Licheng and it’s clients, Syd Bank issued two transferable LCs subject to the UCP600 in favor of Licheng. Advising bank is Citic Bank.

In both LCs, there was an additional condition stipulated in 47B: Syd bank should be advised at the moment the credit is transferred. After applicant present good clearance certification issued by Russia Veterinary Bureau in English to Syd bank at least three banking days before the expiry date, we will pay as instructed. The bank will deliver the documents to applicant. The documents won’t be returned to presenter in case of refusal to honour.

According to the application of Licheng, the first beneficiary, Citic Bank issued two transferred LCs in favor of Futai, the second beneficiary. In the two transferred LCs, the additional condition as stipulated in 47B was deleted. In June, 2008, Futai presented the documents to Agricultural Bank of China, Dalian Branch (“Agricultural Bank”) for negotiation. In August 2008, the Agricultural Bank presented the documents to issuing bank for payment. The issuing bank refused to pay because the presentation failed to comply with the 47B of the LC: “After applicant present good clearance certification issued by Russia Veterinary Bureau in English to Syd bank at least three banking days before the expiry date, we will pay as instructed.” Futai failed to presented the clearance certification issued by Russia Veterinary Bureau in English in that the content of 47B was deleted in the two transferred LCs, thereby causing issuing bank refusing to pay the amount under the LC. So Futai sued transferring bank for changing and deleting the terms of the credit without authorization. Citic Bank argued that it deleted the 47B of LC as instructed by the first beneficiary and should not be responsible for the loss. It is also argued by Citic Bank that the agreement between first beneficiary and Citic Bank should be complied when the UCP600 is applied because UCP600 is international conventions rather than law and has no legally binding power.

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