L/C calls for following shipment by sea:
44E: any seaport in Bangladesh
44F: Hamburg port, Germany
46A: "full set of clean on board Bill of Lading, made out to order of negotiating bank, endorsed by negotiating bank to L/C issuing bank..."
Following two sets of B/L have been presented:
B/L NO 1:
goods: goods X in quantity Y
on-board-date: 16.04.2011
place of receipt and port of loading: Chittagong, Bangladesh
port of discharge + place of final destination: Hamburg, Germany
vessel: pre-carriage vessel 1,
ocean vessel 1
container no.: Container 1
consigned to: negotiating bank, endorsed by negotiating bank to issuing bank
issued and signed by: agent 1 as agent for carrier 1
notify party: applicant
shipper: beneficiary
remarks: no remarks
B/L NO 2:
goods: goods X in quantity Y
on-board-date: 16.04.2011
place of receipt and port of loading: Chittagong, Bangladesh
port of discharge + place of final destination: Hamburg, Germany
vessel: pre-carriage vessel 1,
ocean vessel 1
container no.: Container 1
consigned to: negotiating bank, endorsed by negotiating bank to issuing bank
issued and signed by: agent 2 as agent for carrier 2
notify party: carrier 1
shipper: beneficiary and 'A/C agent 1'
remarks: 'part of one container only' *
*Regarding the remark ‘part of one container only’ on B/L no. 2: Another B/L covering the second part of this container was presented by the same beneficiary shortly afterwards under another L/C by order of the same applicant.
We have refused the documents and we are interested in your comments to the following questions:
+ Have you already seen such a presentation (2 full sets of B/Ls covering the same goods in the same container, with the same vessels and same journey where one B/L contains the remark ‘part of one container only’)?
+ Is this procedure common for Bangladesh or pending on any legal national requirements?
+ Who is finally the carrier for this shipment?
+ Against presentation of which of the 2 sets of B/L will the applicant receive the shipped container? (or are both sets of B/Ls necessary to release the container)?
+ Is there any additional risk for the issuing bank for the needed endorsement on both sets of B/Ls?