LC : shipment from China to Japan
transport document :
mutimodal transport document
Transport document presented :
bills of lading showing place of receipt : Shanghai and port of discharge : Osaka by vessel: ABC
....................................
Is it constutite a discrepancy if only one mode of transport mentioned i.e. by sea.
I think this is a discrepancy since LC calls for mutimodal transport documents i.e. at least two modes of transport. That is to say bill of lading must show at least two modes of transport e.g. sea and land, sea and air....
mutimodal transport bill of lading
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larryBacon
- Posts: 689
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mutimodal transport bill of lading
It would be helpful if you indicated the port of loading and the place of final destination. If these are different from the place of receipt and port of discharge, the B/L presented seems to be acceptable.
Article 26 specifies that if at least two different modes of transport are used, a multimodal transport document will be acceptable. However, this is not the same as requiring at least two modes of transport to be shown on such a document. In fact many forms of preprinted B/L stationary are designed to be used to comply with both Article 23 and Article 26.
Article 26 specifies that if at least two different modes of transport are used, a multimodal transport document will be acceptable. However, this is not the same as requiring at least two modes of transport to be shown on such a document. In fact many forms of preprinted B/L stationary are designed to be used to comply with both Article 23 and Article 26.
mutimodal transport bill of lading
"The essence of multimodal transport is that the credit provides for transport by more than one mode of transport, e.g. it covers dispatch from an inland point in the country of export to a port of discharge in the country of import. This would be signified by the transport document evidencing dispatch, say by road from the inland point to a port in the country of export and then shipment by sea to the port of discharge.
A credit which provides for shipment from a port to another would not be covered by the provisions to Article 26."
This text is taken from an unpublished ICC Opinion that covers a matter of a very similar nature to the question in the original post.
To view the full text of the Opinion -
search "article 26" in the all site search - searching only Opinions.
[edited 9/7/01 5:41:23 PM]
A credit which provides for shipment from a port to another would not be covered by the provisions to Article 26."
This text is taken from an unpublished ICC Opinion that covers a matter of a very similar nature to the question in the original post.
To view the full text of the Opinion -
search "article 26" in the all site search - searching only Opinions.
[edited 9/7/01 5:41:23 PM]
mutimodal transport bill of lading
DOCUMENT EXAMINATION NEEDS BASICS ABOUT RELATED INDUSTRIES
We think that bankers cannot do their document examination work well unless they ALSO know the basics about transport and the changing trade practices of other related industries.
INCONSISTENCY AMONGST ICC RULES
This query is a typical example to support our thinking. As we have already pointed out in our response to another query here, according to the UNCTAD/ICC Rules for Multimodal Transport Documents, ICC Publication No. 481, under sub Article 1.1, one mode (unimodal transport) is ALSO deemed to be multimodal transport. The purpose of multimodal transport is to create flexibility to enable that goods can be transported by the most speedy, economical and safe means from point A to point B. Therefore unimodal transport (one mode only) may also deemed to be multimodal transport for this reason.
However, sub Article 26 (a) of the UCP 500 says mutimodal transprot means at lest two modes. This is one example of inconsistency amongst various ICC rules, which we have already pointed out in our article "T. O. Lee argues there are inconsistencies among terms used in ICC rules" in the Documentary Credit Insight Vol. 6 No. 4. Please search the DC Pro for this article.
So the discrepancy, if any, is actually from the ICC rules themselves.
The United Nations International Multimodal Transport Assocation in Geneva (of which we are a member) is trying to promote multimodal transport globally by clearing all obstacles of which we are sorry to say that the UCP 500 definition of mutimodal transport is one.
http://www.tolee.com
[edited 9/10/01 12:19:20 AM]
We think that bankers cannot do their document examination work well unless they ALSO know the basics about transport and the changing trade practices of other related industries.
INCONSISTENCY AMONGST ICC RULES
This query is a typical example to support our thinking. As we have already pointed out in our response to another query here, according to the UNCTAD/ICC Rules for Multimodal Transport Documents, ICC Publication No. 481, under sub Article 1.1, one mode (unimodal transport) is ALSO deemed to be multimodal transport. The purpose of multimodal transport is to create flexibility to enable that goods can be transported by the most speedy, economical and safe means from point A to point B. Therefore unimodal transport (one mode only) may also deemed to be multimodal transport for this reason.
However, sub Article 26 (a) of the UCP 500 says mutimodal transprot means at lest two modes. This is one example of inconsistency amongst various ICC rules, which we have already pointed out in our article "T. O. Lee argues there are inconsistencies among terms used in ICC rules" in the Documentary Credit Insight Vol. 6 No. 4. Please search the DC Pro for this article.
So the discrepancy, if any, is actually from the ICC rules themselves.
The United Nations International Multimodal Transport Assocation in Geneva (of which we are a member) is trying to promote multimodal transport globally by clearing all obstacles of which we are sorry to say that the UCP 500 definition of mutimodal transport is one.
http://www.tolee.com
[edited 9/10/01 12:19:20 AM]