Language

Shahed · Post by **Shahed** » Thu Apr 15, 2010 1:00 am

LC is issued in English.

All documents presented by the beneficiary is in English except phytosanitary certificate which is in French.

Documents are sending to China.

Can we consider this is a discrepancy. ISBP (no.23) says it is expected that documents issued by the beneficiary will be in the language of the credit.

Shahed
[edited 4/15/2010 4:09:39 PM]

ZErsamut · Post by **ZErsamut** » Fri Apr 16, 2010 1:00 am

Hi Shaded;

Since para 23 of ISBP emphasizes only an expectation for documents issued by beneficiary and since there is no condition in the documentary credit regarding the language of the documents, documents may be presented in any language. Therefore, you (if you are a confirming bank) and issuing bank have no right to refuse the Phytosanitary Certificate on the condition that it is issued in French.
Regards.
Zeynep

GlennRansier_ · Post by **GlennRansier_** » Fri Apr 16, 2010 1:00 am

I tend to agree with Zeynup. ISBP only speaks to "beneficiary" documents being issued in the language of the credit. If the Phytosanitary Cert. is issued by another 3rd party and they have issued it in their local language it would be difficult to cite it as a discrepancy unless the LC or perhaps the confirmation were limited and prohibited this.

DanielD · Post by **DanielD** » Sat Apr 17, 2010 1:00 am

Je n'aurais pas le coeur à refuser un document émis en français. C'est une langue parfaitement honorable.
De plus, il y a:TA699rev.
Meilleures salutations
Daniel

DonSmith · Post by **DonSmith** » Mon Apr 19, 2010 1:00 am

Beneficiaries do not issue phytosanitary certificates, governments typically issue them. Not a discrepancy unless specifically prohibited by the credit.