ICC Digital Library Forum

Dear all,
I have one case concerning "on board notation" as follows:
LC stated:
F44E: Any port in Thailand
F44F: HoChiMinh city Port, Viet Nam

Documents presents with B/L details as follow:

Place of Receipt: Bangkok, Thailand
Port of loading: Laem Chabang Port, Thailand
Port of Discharge: HoChiMinh City Port, VietNam
Vessel Name: APL 123

On board notation only show the date of shipment

The issuing bank refuses the documents because the on board notation not show the port of loading that the good have been shipped as per Art 20 a ii of UCP 600

Is the issuing bank's refusal correct?

In my opion that it is not discrepancy because "Place of Receipt" and "Port of loading" were showed in Thailand as LC required (any port in Thailand).

Kindly give your advice for this case.

Thanks and best regards

Dear Emily Tran,

Good question in fact – and I guess some additional information is required in order to give a precise answer

However – according to the ICC Banking Commission paper on On Board Notations (Not yet approved by the banking commission):

Where the B/L indicates
1) a place of receipt that is different from the port of loading (like in this case)
2)BUT there is NO indication of a means of pre-carriage (which I assume is the case here)

THEN if the bill of lading is pre-printed received for shipment (which perhaps is the case here??), a dated on board notation will be required and the date appearing in the notation will be deemed to be the date of shipment.

So – given this on board document is approved by the Banking Commission AND the above hold true (??) then the port of loading is not required as part of the on board notation.

I hope this helps you.

Best regards
Kim

Dear Emily Tran

I agree with Kim’s opinion.

By the way, as you are Vietnamese, I recommend you to refer to my article published in Banking Review Issue No. 7 4/2010 introducing the draft of ICC Statement of Practice – Requirements for an on board notation …

Hope you’ll find it interesting and helpful.

Regards,
N.H.Duc


[edited 5/4/2010 4:04:50 PM]