As per Lc terms documents issued prior to Lc Issue date is not acceptable. The Lc is issued on 6th January 2009. All documents shows issue date of 6th January 2009 or later including BL which shows issue date as 6th January 2009. However, the BL shows on board date as 5th January 2009
Whether it will be a discrepancy?
Shipment Pior to Lc issue Date
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ThuHoangAnh_
- Posts: 58
- Joined: Fri Apr 05, 2019 5:28 pm
Shipment Pior to Lc issue Date
Hi,
It is understood from the UCP 600 article 20 (a) (ii) that the date of issuance of the B/L will not be not deemed to be the date of shipment once the B/L contains an on board notation indicating the date of shipment.
The said B/L contains two separate dates:
(i) the date of shipment - 5th Jan, 2009; and
(ii) the date of issuance - 6th Jan, 2009, which is not prior to the date of issuance of the L/C.
Hence, the B/L is deemed to be complying with L/C terms.
The B/L will be deemed to be discrepant if the L/C does not allow the documents to be issued prior to the shipment date.
Best regards,
N.H. Duc
It is understood from the UCP 600 article 20 (a) (ii) that the date of issuance of the B/L will not be not deemed to be the date of shipment once the B/L contains an on board notation indicating the date of shipment.
The said B/L contains two separate dates:
(i) the date of shipment - 5th Jan, 2009; and
(ii) the date of issuance - 6th Jan, 2009, which is not prior to the date of issuance of the L/C.
Hence, the B/L is deemed to be complying with L/C terms.
The B/L will be deemed to be discrepant if the L/C does not allow the documents to be issued prior to the shipment date.
Best regards,
N.H. Duc
Shipment Pior to Lc issue Date
Unless I am missing something (quite possible), the BL described must have an on-board ‘notation’ (OBN) with an on board date of 5 Jan. My reading of 20(a)(ii) (and I feel sure there is one or more relevant opinions on this) is that the date of issuance in this case is to be treated as 6 Jan & not 5 Jan. Therefore, that the BL is not discrepant.
Shipment Pior to Lc issue Date
Jeremy,
For instance, a tricky one: R568.
I understand that the date of the on board notation is the B/L date only when a maturity date is fixed. So here: no discrepancy.
Daniel
For instance, a tricky one: R568.
I understand that the date of the on board notation is the B/L date only when a maturity date is fixed. So here: no discrepancy.
Daniel
Shipment Pior to Lc issue Date
Hi;
Presented B/L includes two dates;
Issuance Date: 06th Jan 2009
On Board Date: 05th Jan 2009
I think the presented B/L is not discrepant (for the reason that the date of on board notation is prior to L/C issuance date) unless there is such requirement in the L/C as "shipment must not be effected before L/C issuance date".
Regards.
Presented B/L includes two dates;
Issuance Date: 06th Jan 2009
On Board Date: 05th Jan 2009
I think the presented B/L is not discrepant (for the reason that the date of on board notation is prior to L/C issuance date) unless there is such requirement in the L/C as "shipment must not be effected before L/C issuance date".
Regards.
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GlennRansier_
- Posts: 132
- Joined: Fri Apr 05, 2019 5:19 pm
Shipment Pior to Lc issue Date
Actually UCP Article 20 a. ii. in the second paragraph informs a bank document examiner how to determine the "date of shipment". The LC requirement stated mandates that all documents must be "issued" on or after Jan. 6th... As 20 a. ii. reflects, it is common practice to have a BL contain a "date of issuance" and it "may" also have an "on board date". When there is an OB date then that is to be considered the date of "shipment". No where does UCP suggest that the date OB date is meant to adjust the issuance date. BL's are often signed after the OB date as the carriers generally await notice of "on board" before signing the original BL(s). If the LC had prohibited "shipment" on or before Jan 6th then I would say you had the discrepancy "early shipment".