ICC Digital Library Forum

Dear Colleagues,
I would appreciate if you could share your opinions regarding following issue.

LC requires presentation of "CMR, copy for sender - 1 original". Beneficiary presented 1 original CMR, which does not bear any mark/notation "copy for sender" or similar. In upper left corner there is sequense number "1" preprinted.

Bearing in mind point 1 of article 5 of Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, 19 May 1956) “The consignment note shall be made out in three original copies… The first copy shall be handed to the sender, the second shall accompany the goods and the third shall be retained by the carrier.” documents presented on their face seems to be compliant with LC terms.

With kindest regards,
Sergey
[edited 7/14/2011 10:07:23 AM: signature added]

Hello;

From the text of the query it was understood that:

* the documentary credit did not require the CMR to be marked as "copy for sender", and also
* the CMR bears no marking indicating for whom the document has been prepared.

Based on the above mentioned facts the document is complying.

Best regards.
[edited 7/14/2011 1:59:41 PM]

Dear Zeynep,

Thank you for your feedback, which is highly appreciated. Conclusions/assumptions are correct.
But, frankly speaking, based on the CMR presented, we can not state if requirement in LC for CMR "copy for sender" to be presented, is met or not. As CMR presented does not bear any mark (except "For settlements", but this mark answer to question "for what purposes CMR shall be used", but not to "To whom it is handed").

Thus, we still have strong discussion whether it's "not very precise LC requirement" or discrepancy may be raised.

with kindest regards,
Sergey

Dear Sergey;

I would accept the presented CMR as “copy for sender” according to sub-article 24 (b) (i) of UCP 600 and documentary credit requirement. Please also see Official Opinion R649 / TA656.

Best regards,

Zeynep

I would accept the CMR