The documentary credit calls for a "copy of the export declaration EX1"
A photocopy of the EX1 is presented.
Is the photocopy acceptable as a copy?
Is a photocopy a copy?
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JudithAutié
- Posts: 195
- Joined: Fri Apr 05, 2019 5:20 pm
Is a photocopy a copy?
Hi Judith,
I would certainly believe so.
Although, I understand why you ask.
Paragraph 33c of ISBP relates to this
c) "One copy of Invoice", it will be satisfied by presentation of a copy of an invoice. However, it is standard banking practice to accept an original instead of a copy in this construction.
Para 34 continues:
34) Where an original would not be accepted in lieu of a copy , the credit must prohibit an original, e.g. "photocopy of invoice - original document not acceptable in lieu of photocopy", or the like.
I would certainly believe so.
Although, I understand why you ask.
Paragraph 33c of ISBP relates to this
c) "One copy of Invoice", it will be satisfied by presentation of a copy of an invoice. However, it is standard banking practice to accept an original instead of a copy in this construction.
Para 34 continues:
34) Where an original would not be accepted in lieu of a copy , the credit must prohibit an original, e.g. "photocopy of invoice - original document not acceptable in lieu of photocopy", or the like.
Is a photocopy a copy?
Judith,
Tout à fait.
Jeremy
[edited 8/16/2004 5:37:55 PM]
Tout à fait.
Jeremy
[edited 8/16/2004 5:37:55 PM]
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JudithAutié
- Posts: 195
- Joined: Fri Apr 05, 2019 5:20 pm
Is a photocopy a copy?
This question is not as innocent as it may seem.
Case 68 (ICC Pub 459) states “in principle a photocopy is a copy but answer may depend on the circumstances. If the credit should call for a photocopy of a document a carbon copy would be unacceptable” I realize that this opinion was made in relation to UCP 400, but 22c of UCP400 is basically the same as UCP500 20b. However it does illustrate the opinion that there is a difference between the two.
Also in art. 20b, the fact that there are two different subparagraphs seem to support the difference between a document produced by (i) reprographic ….systems and a document which is reproduces as (ii)carbon copies.
Paragraph 34 of the ISBP is simply stressing the fact that an original document may not be presented if the credit specifically indicates that the original is not acceptable. It does not clearly equate a photocopy with a copy.
Due to the fact that our marvellous technological advances have made falsification a child’s play, I can see an argument for differentiating between a photocopy and a copy produced as a carbon copy or from a selfcarboned set (or whatever it’s called in English).
Encore toujours Jeremy?
Case 68 (ICC Pub 459) states “in principle a photocopy is a copy but answer may depend on the circumstances. If the credit should call for a photocopy of a document a carbon copy would be unacceptable” I realize that this opinion was made in relation to UCP 400, but 22c of UCP400 is basically the same as UCP500 20b. However it does illustrate the opinion that there is a difference between the two.
Also in art. 20b, the fact that there are two different subparagraphs seem to support the difference between a document produced by (i) reprographic ….systems and a document which is reproduces as (ii)carbon copies.
Paragraph 34 of the ISBP is simply stressing the fact that an original document may not be presented if the credit specifically indicates that the original is not acceptable. It does not clearly equate a photocopy with a copy.
Due to the fact that our marvellous technological advances have made falsification a child’s play, I can see an argument for differentiating between a photocopy and a copy produced as a carbon copy or from a selfcarboned set (or whatever it’s called in English).
Encore toujours Jeremy?
Is a photocopy a copy?
A photocopy is a copy, likewise a carbon copy, a document marked COPY etc. A photocopy is a type of "copy" (non original) if you like. Therefore if the Credit asks for a copy, any copy (any type) is acceptable, including "a photocopy".
Best Regards,
Pavel Andrle
[edited 8/17/2004 7:30:00 PM]
Best Regards,
Pavel Andrle
[edited 8/17/2004 7:30:00 PM]
Is a photocopy a copy?
Judith,
I agree with Pavel. I accept that one can draw the distinction in the terms of a credit. However, if the credit itself specifies 'Copy [document]' then a photocopy is acceptable.
Jeremy
I agree with Pavel. I accept that one can draw the distinction in the terms of a credit. However, if the credit itself specifies 'Copy [document]' then a photocopy is acceptable.
Jeremy
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larryBacon
- Posts: 689
- Joined: Fri Apr 05, 2019 5:26 pm
Is a photocopy a copy?
Judith,
I agree in general with the principle that a copy is a copy is a copy.
However, as was intimated, it may depend on the individual circumstances. When an EX1 (or any document intended for certification by Customs) is cited in the LC, I would be reluctant to accept a copy (photocopy or otherwise) which has not been officially certified.
I say this in the absence of any other information. The LC should state that the copy EX1 be certified by Customs, but in the absence of this information, I would assume it unless otherwise required by the LC. This would be akin to refusal of a Chamber of Commerce copy C/O which did not evidence certification by a Chamber of Commerce.
Laurence
[edited 8/18/2004 12:37:22 AM]
I agree in general with the principle that a copy is a copy is a copy.
However, as was intimated, it may depend on the individual circumstances. When an EX1 (or any document intended for certification by Customs) is cited in the LC, I would be reluctant to accept a copy (photocopy or otherwise) which has not been officially certified.
I say this in the absence of any other information. The LC should state that the copy EX1 be certified by Customs, but in the absence of this information, I would assume it unless otherwise required by the LC. This would be akin to refusal of a Chamber of Commerce copy C/O which did not evidence certification by a Chamber of Commerce.
Laurence
[edited 8/18/2004 12:37:22 AM]