Hi There,
We have received a set of documents , LC calls for Ocean Bill of Lading. B/L states the following
Pre Carriage Place of Receipt
By Road Amseterdam
Port of Loading Port of Discharge
Southampton Dubai
Shipped on board notation does give the Vessel name , port of loading and date on board.
Please confirm the following
a) Is it a Multi Modal Transport document? Which I think it is.
b) Since LC calls for Ocean B/L is it a valid document ( two modes of transport are employed)?
Can someone confirm this at the earliest.
Pre Carriage field in a Ocean Bill of Lading
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KimChristensen
- Posts: 404
- Joined: Fri Apr 05, 2019 5:21 pm
Pre Carriage field in a Ocean Bill of Lading
Dear Khalid,
Just one question: Which ports does the LC call for?
For an LC point of view it is not important whether it is in fact a multimodal transport document. What is important is whether or not the LC requirements and the relevant article (23) has been complied with (the “however named rule”) – e.g. that the document shows that goods has been shipped between the ports required by the LC.
So if LC calls for shipment from Southampton to Dubai then no problem.
In this case it seems that sub-article 23(a)(ii) “If the bill of lading indicates a place of receipt or taking in charge different from the port of loading…” is activated so that the on board notation also must mention on board port and name of vessel (Which is also the case here).
I hope this helps you.
Best regards
Kim
Just one question: Which ports does the LC call for?
For an LC point of view it is not important whether it is in fact a multimodal transport document. What is important is whether or not the LC requirements and the relevant article (23) has been complied with (the “however named rule”) – e.g. that the document shows that goods has been shipped between the ports required by the LC.
So if LC calls for shipment from Southampton to Dubai then no problem.
In this case it seems that sub-article 23(a)(ii) “If the bill of lading indicates a place of receipt or taking in charge different from the port of loading…” is activated so that the on board notation also must mention on board port and name of vessel (Which is also the case here).
I hope this helps you.
Best regards
Kim
Pre Carriage field in a Ocean Bill of Lading
Dear Kim,
Thanks for the reply, my contention is since there is a different mode of transport in the field Pre-Carriage ( Road here) , does this become a multi-modal transport document or not ? If so then Art 23 is not applicable. ICC Opinions do say that the place of receipt could be a inland port for a Ocean B/L provided other conditions as stipulated in Article 23 are satisfied . But I could not lay my hands on any opinion regarding pre-carriage by a different mode for a Ocean B/L.
Moreover in cases where Ocean B/L is called for and Multimodal transport docs are presented , does that make a document non-compliant with the LC terms?I know iam going a bit too far with this one.
Thanks for the reply, my contention is since there is a different mode of transport in the field Pre-Carriage ( Road here) , does this become a multi-modal transport document or not ? If so then Art 23 is not applicable. ICC Opinions do say that the place of receipt could be a inland port for a Ocean B/L provided other conditions as stipulated in Article 23 are satisfied . But I could not lay my hands on any opinion regarding pre-carriage by a different mode for a Ocean B/L.
Moreover in cases where Ocean B/L is called for and Multimodal transport docs are presented , does that make a document non-compliant with the LC terms?I know iam going a bit too far with this one.
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KimChristensen
- Posts: 404
- Joined: Fri Apr 05, 2019 5:21 pm
Pre Carriage field in a Ocean Bill of Lading
Dear Khalid,
I am not sure that you are going too far here. You could say that you are using your common sense – and that will not get you very far here
From an LC perspective you approach would be the following:
1 – You determine from the wording of the credit which transport article should apply. If e.g. the credit calls for at port to port bill of landing – then article 23 applies.
2 – The transport articles are based on the “however named” rule. This means e.g. that even a document titled “Multimodal Transport document” can comply with article 23 – if it shows that goods are on board a named vessel – and shipped between the ports mentioned in the credit.
3 – The document may in fact be a “Multimodal Transport Document” (Like the one you mention) e.g. by indicating a pre-carriage by truck. Such pre-carriage is acceptable as long as article 23 is complied with – by indicating that goods are shipped between the ports mentioned in the credit.
(If this is the case then there are certain requirements to the on board notation as mentioned earlier).
I have been browsing through opinions as well – but can not find anyone supporting this either. Sorry
Hope this helps you anyway.
Best regards
Kim
I am not sure that you are going too far here. You could say that you are using your common sense – and that will not get you very far here
From an LC perspective you approach would be the following:
1 – You determine from the wording of the credit which transport article should apply. If e.g. the credit calls for at port to port bill of landing – then article 23 applies.
2 – The transport articles are based on the “however named” rule. This means e.g. that even a document titled “Multimodal Transport document” can comply with article 23 – if it shows that goods are on board a named vessel – and shipped between the ports mentioned in the credit.
3 – The document may in fact be a “Multimodal Transport Document” (Like the one you mention) e.g. by indicating a pre-carriage by truck. Such pre-carriage is acceptable as long as article 23 is complied with – by indicating that goods are shipped between the ports mentioned in the credit.
(If this is the case then there are certain requirements to the on board notation as mentioned earlier).
I have been browsing through opinions as well – but can not find anyone supporting this either. Sorry
Hope this helps you anyway.
Best regards
Kim