ICC Digital Library Forum

It would highly appreciated if you would send me your opinion in respect of following query:
as per sub article 31(iii) of ucp 500 it is understood that
a third party transport document is to be shown on its face the consignor of the goods a party other then beneficiary;
now in a credit which is issued in favour of AAA CO.(as beneficary) and prohibited presentaion of third b/l
it is aceptable (in taking consideration of above understanding) if a b/l presented which is writen on its face (as shipper) the consignor of goods is" BBB CO. on behaf of AAA CO."(wich named already in our credit as beneficary) or such as b/l shoud not basically be treated as a third b/l
I thank you in advance for your kind attention and your prompt reply
best regarde
m.mahmoodi
b.m.i l/c section

thank you mr tolee for your kind attentionop
but it can not solve my problem yet
i want indeed to know whether it is possible to accept a third b/l wich indicates shipper as follows:
"BBB CO. ON BEHAF OF AAA.CO(BENEFICARY)"
because in opinion of som banks shuch as b/l is acceptable even if the credit prohibited presentaion of third
b/l they dont beleive that such b/l is a third transport document and it can be an exception since the name of beneficiary is indicated but in my opinion such b/l is yet a third praty b/l however it showes the name of beneficiary
[edited 10/31/01 11:08:24 PM]

'THIRD PARTY DOCUMENT' IS A TERM DISCOURAGED BY ICC

The problem you are facing that leads to your query is that "third party document" is a term discouraged by the ICC Banking Commission as its nterpretation is different by different parties. If this term is used in a DC, it opens a can of worms.

UNCLEAR INTENTION MAKES CLEAR CUT ANSWER IMPOSSIBLE

Without clarification of what the Applicant actually means by third party document, whether he is talking about the consignor, the issuer or other parties, it is not possible to provide a definite and clear cut answer to your query.

REPALCE WITH A CLEAR, SPECIFIC AND UNEQUIVOCAL TERM

The best solution seems to change the wording in the DC. Instead of using a misleading term "third party transport document", the issuing bank should have used a more specific, clear and unequivocal term.

This is the best we can help.

http://www.tolee.com

[edited 10/31/01 8:34:32 PM]