Dear all,
we received following discrepancy concerning FCR:
-FCR not showing a date of issue or date of receipt of goods.
As the L/C shows no further requirements concerning dates of issue of documents and FCR is to be checked as per article 14 (f), we argue, that the function of a FCR is fullfilled when a forwarder certifies the receipt of the goods.
In our opinion a date is not needed.
Thanks in advance for your comments.
date of issue of a FCR
date of issue of a FCR
ISBP745 says:
A4) 'Whether a certificate, certification, declaration or statement needs to be dated will
depend on the type of certificate, certification, declaration or statement that has been
requested, its required wording and the wording that appears within the document.'
A18)(a) 'Documents commonly used in relation to the transportation of goods, such as …… Forwarder’s Certificate of Receipt …… are not transport documents as defined in UCP 600 articles 19-25. These documents are to be examined only to the
extent expressly stated in the credit, otherwise according to UCP 600 subParticle 14 (f).'
Unless the credit requires, say, documents to be presented within so many days after the date of issue of the FCR (see also ISBP745 A18(c) for more on this subject) I do not see any basis for arguing that the FCR must be dated in any way. Therefore, it would appear to me the refusing bank is in the wrong.
A4) 'Whether a certificate, certification, declaration or statement needs to be dated will
depend on the type of certificate, certification, declaration or statement that has been
requested, its required wording and the wording that appears within the document.'
A18)(a) 'Documents commonly used in relation to the transportation of goods, such as …… Forwarder’s Certificate of Receipt …… are not transport documents as defined in UCP 600 articles 19-25. These documents are to be examined only to the
extent expressly stated in the credit, otherwise according to UCP 600 subParticle 14 (f).'
Unless the credit requires, say, documents to be presented within so many days after the date of issue of the FCR (see also ISBP745 A18(c) for more on this subject) I do not see any basis for arguing that the FCR must be dated in any way. Therefore, it would appear to me the refusing bank is in the wrong.
-
VO9LANKAKOTOVA
- Posts: 1
- Joined: Fri Apr 05, 2019 5:14 pm
date of issue of a FCR
I'm sorry, I don't agree with Mr. Smith.
In my opinion the FCR certificate is just the type of such certificate which requires date of issue by their nature. How should the forwarder certifies the date of receipt of goods without a date of issue or without a date of receipt of goods? So, I agree with refusing bank.
In my opinion the FCR certificate is just the type of such certificate which requires date of issue by their nature. How should the forwarder certifies the date of receipt of goods without a date of issue or without a date of receipt of goods? So, I agree with refusing bank.
-
HOANGTHIANHTHU_invalid
- Posts: 189
- Joined: Fri Apr 05, 2019 5:15 pm
date of issue of a FCR
Hi,
I tend to agree with VO9LANKAKOTOVA that FCR is a type of certificate that needs to state either the date of issue or the date of receipt.
Kind regards,
N.H.Duc
I tend to agree with VO9LANKAKOTOVA that FCR is a type of certificate that needs to state either the date of issue or the date of receipt.
Kind regards,
N.H.Duc
date of issue of a FCR
VO9LANKAKOTOVA, you ask ‘How should the forwarder certifies the date of receipt of goods without a date of issue or without a date of receipt of goods’? However, neither the credit terms –nor the UCP (14f)-require such a certification. All a FCR need certify to meet the credit terms / the UCP (in the absence of other relevant terms in the credit e.g. goods must be received by the forwarder on or before a specified date) is a statement the goods have been received for shipment. When they were received is quite irrelevant as it will have no bearing whatsoever on if the documents comply and thus a date in my view is not necessary.
-
JudithAutié
- Posts: 195
- Joined: Fri Apr 05, 2019 5:20 pm
date of issue of a FCR
I agree that in light of ISBP there can be no refusal of an undated FCR.People must get it into their minds that an FCR is not to be considered, nor treated, as a transportation document.
date of issue of a FCR
FCR must only certify that the freight forwarder is in possesion of the goods. A further information, if required under the credit, can be related to the entity at whch disposal the goods arre kept.There is no need for a date of issuance or a date related to the taking over the goods by the freight forwarder.