ICC Digital Library Forum

The a/m para's state that if the presentation consists of more than transport docs, for example
in the event that more than one B/L incorporating different dates of shipment , the "latest" of
these dates will be taken for the calculation of any presentation period ,

B/L 1 : 01.08.2005
B/L 2 : 10.08.2005
B/L 3 : 20.08.2005

If my interpretation is correct , it says that "21 days" should apply to from the date 3 (20.08.2005)

Where the docs are presented on 01.09.2005 (within the expiry of the credit)In this event ,

Would you accept the presentation as it has been made within the presentation period in accordance with UCP sub art 43a ?
or would you reject the docs ,on the grounds of the B/L 1 bearing the date 01.08.2005 that constitutes "a period" later than 21 days ?

Which date would be better "the latest" or " the earliest" for the calculation of any presentation period?


Regards
Yahya





[edited 8/19/2005 1:40:27 PM]

Yahya,

Para 89 requires one to calculate everything on the basis of shipment taking place on 20/8/05. Therefore, this para prevents one from refusing the presentation on the basis of sub-Art 43a notwithstanding the inclusion of the BLs showing shipment on 1/8/05.

Sorry, don’t understand your last question.

Jeremy

Jeremy,
I meant that if para 89 required the earliest -shipment-date of these dates were taken for the calculation of the presentation period, it would have prevented the presentation of a transport doc.bearing a date that of later than 21 days after shipment date.(It would be unjust for presenters.)
By the way,an issuing bank found the mentioned docs are discrepant on the basis of sub art 43a !
Their wording for refusal as ;
According to sub Art 43a,banks
will not accept docs later than 21 days after shipment date.

Regards,
Yahya

Yahya,

My understanding is that para 89 is referring to partial shipment. Assuming all shipments are made under one vessel with different shipment dates, then the latest shipment date should be used to calculate the presentation period.
If shipments are made under several vessels, that will consider as partial shipments. If presenter combined the drawings, I would calculate the presentation period from the earliest date (i.e. 1st shipment date).

Please comment.
Best Regards
Mng
[edited 8/25/2005 10:48:42 PM]
[edited 8/25/2005 10:50:03 PM]

I agree with you , your assumption is correct that in relation to several B/L's evidencing shipments on different vessels.In this event this would constitute partial shipment and therefore outside of the scope of application of ISBP para 89
Then the earliest date would apply for compliance and any calculation period with terms and conditions of the credit and the UCP.

Regards,
Yahya
[edited 8/26/2005 8:46:55 AM]