ICC Digital Library Forum

LC require IN F46A:
+ B/L: THE NAME AND ADDRESS OF SHIPPING AGENT AT
DESTINATION PORT MUST BE INDICATED ON B/L.
--> B/L presented:
+Port of Dischrge : HAIPHONG PORT, VIETNAM
+ Name and address of shipping agent at destination port:
XYZ shipping Co.
4 Vo van Tan str.,
Ho Chi Minh City, Vietnam

The issuing bank check the DOCs and find that the address of shipping agent is Ho Chi Minh City I/O HAIPHONG (destination port).

May the issuing bank treat the a/m docs as discrepancy?

My opinion is that the answer is ‘no’.

A carrier can have an agent (which is how I interpret ‘shipping agent’) at a particular port that is not actually located at the port and in fact is located in a completely different town, if not country. To me, if the carrier’s agent has actually to be located at the port the Credit must be explicit in this regard and say something like:

THE NAME AND ADDRESS OF SHIPPING AGENT AT DESTINATION PORT, (who must be located at destination port) MUST BE INDICATED ON B/L.

However, in my experience, such subtleties are often lost on document examiners whose first (and usually only) language is English, let alone those whose first language is not. Therefore, I would not be surprised if the issuing bank regarded the BL as non-complying.

Given the risk of dispute, the approach I favour is -where advising a Credit available with oneself- is is to:
1. include a statement that the (advising) bank will only consider this requirement as being met if the agent's address indicates it is located at the place that is the port of discharge as it is described in the bills of lading and also, if the credit is confirmed, the (advising) bank's confirmation is conditional on this.
2. notify the issuing bank of one’s actions in the acknowledgement.


[edited 1/13/2010 10:24:09 AM]