should adv bks include notation that orig docs must be stamp

General questions regarding UCP 500
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simonj
Posts: 14
Joined: Fri Apr 05, 2019 5:14 pm

should adv bks include notation that orig docs must be stamp

Post by simonj » Tue Dec 17, 2002 12:00 am

Because some banks are not clear on ICC500 article 20 (b) they will often include a notation in their covering letter to beneficiary's (when advising the original credit) to the effect that all original documents must be stamped "original".
I wonder whether this practice is correct in light of the fact that it is not supported by article 20(b) and by the commission on banking technique and practice, 12July1999 under the heading "The determination of an 'original' document in thecontext of UCP500 sub article 20(b)" which can also be found in the ICC550/2 publication.
What are your views?
NigelHolt
Posts: 1449
Joined: Fri Apr 05, 2019 5:24 pm

should adv bks include notation that orig docs must be stamp

Post by NigelHolt » Wed Dec 18, 2002 12:00 am

Without liability/responsibility, personally:

I think its ‘correctness’ must depend on the advising bank’s views of its courts’ interpretation of sub-Art 20(b) and if those courts will take into account the ‘Decision’ in arriving at this. My bank abandoned this practice post-publication of the Decision and the Decision interpretation of sub-Art 20(b) was recently upheld by the English High Court (court of first instance) in Credit Industriel et Commercial v China Merchants Bank.
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