Article 19 a ii)

General questions regarding UCP 600
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Shahed
Posts: 168
Joined: Fri Apr 05, 2019 5:26 pm

Article 19 a ii)

Post by Shahed » Mon Apr 14, 2008 1:00 am

When there is notation or stamp in the Multomodal transport documents, showing Shipped on Board, should it be required to put the date thereunder on which the goods have been loaded on Board.

Multimodal Bill of Lading shows "Shipped on Board" notation but there is no date thereunder. May we consider this is a discrepant documents as there is no date ?

Article 19 a ii mentioned - a stamp or notation indicating the date on which the goods have been dispatched, taken in charge or shipped on Board.

Does it mean that whenever there is a stamp or notation (as opposed to pre printed wording), a date must show thereunder.

Can i have your views please.

Shahed
Toronto, Canada
TanKokBoon
Posts: 3
Joined: Fri Apr 05, 2019 5:28 pm

Article 19 a ii)

Post by TanKokBoon » Wed Jun 25, 2008 1:00 am

Dear Shahed,

From the information given, I will take it as a “Received for shipment BL”

As you have rightly pointed out, Article 19(a) ii (UCP600) clearly requires a date (appearing with the on-board notation) on which the goods have been despatched, taken in charged or shipped, of which such date will be deemed to be the date of shipment. Without the date we would not be able to determine the shipment date. The MMBL would be discrepant.

Unless this is a MMBL with some pre-printed wording indicating goods have been laden on board, and there is an additional stamp “Shipped on Board”, in which case, the date of the issuance of the MMBL will be deemed as the shipment date.

Regards,

Jessie.
KimChristensen
Posts: 404
Joined: Fri Apr 05, 2019 5:21 pm

Article 19 a ii)

Post by KimChristensen » Wed Jun 25, 2008 1:00 am

Dear Shahed,

There is a new ICC opinion out (from Athens); namely TA.650rev.

That one concludes:

Quote
A dated on board notation is clearly required when the credit so requests. It is also required when the document evidences the first leg of the carriage as a sea shipment from the place stated in the credit.
Unquote

(And the Opinion does cover a MMTD).

So if you by “Multimodal Bill of Lading shows "Shipped on Board" notation..” mean that the first leg of the transport is done by sea – and that one is from the place (in this case “port”) stated in the LC – then the answers is that a date is required in the on board notation.

I would add that from a strict reading of 19(a)(ii) this view is indeed debatable (!!) but nevertheless what is approved by the ICC Banking Commission.

Following that; the views expressed by Jessie is also valid I think. The main point however is that where the first leg is done by sea an “article 20 like” on-board-notation is required. So whether or not the date is in fact required on your document … well it depends – but I suggest you check it against sub-article 20(a)(ii)

Best regards
Kim
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