ICC Digital Library Forum

Documents received from Nominated Bank showing date of schedule well after expiry date on DC
Documents refused by Issuing Bank due to late presentation, as no indication that documents presented to nominated bank within expiry date of DC was included in remittance schedule of the presenting (nominated) bank.
Presenting Bank refused to accept discrepancy as they stated that documents were presented within expiry date, even though this was not stated on the remittance schedule. Presenting Bank is also stating that once they claimed under the DC, this effectively means that documents were in order.
Bank deals in documents, and can only verify on what is presented - in this case Issuing Bank's refusal due to presentation of documents with expired date on schedule
Will appreciate any comments/views

There are 2 ICC Opinions that relate to matters similar to your question - R373 and R480.

The following are extracts from both Opinions:

R373
"Where a schedule is dated after the latest permitted date of presentation and/or expiry date , a statement certifying that the terms and conditions have been complied with will be sufficient evidence of presentation within the expiry date and/or last date for presentation."

R480

"Where such statement(s) do not appear on the schedule and an issuing bank rejects for credit expired and/or late presentation, a message from the negotiating bank confirming compliance with the date(s) will be sufficient evidence for the issuing bank to honour the documents."

"In the absence of the nominated bank's certification, a beneficiary that makes a timely presentation of complying documents is entitled to payment regardless of what the correspondent bank does or does not do subsequently."

Case Study 278 (UCP 400) also addresses a similar issue.

If documents were presented on or before expiry and otherwise in order the nominated bank would, I believe, be entitled to payment, irrespective of whether or not included this information in the schedule, unless exceptional circumstances prevailed..
In the above example, we do not know how long is ‘well after expiry’. Usually, I would accept a nominated bank’s confirmation that documents were presented on or before expiry, even if it had initially omitted this from the schedule. However, if the schedule were dated more than 4/5 banking days after expiry I may well seek a (satisfactory) explanation for the apparent delay in remitting the documents.