Discrepancy Notification Article 14 d ii

NidiaCunha · Post by **NidiaCunha** » Fri Feb 23, 2001 12:00 am

WOULD ANYONE KNOW IF THERE IS AN ICC OPINION OR OTHER MATERIALS REGARDING DISCREPANCY NOTIFICATION FROM ISSUING BANKS THAT DO NOT SPECIFICALLY OUTLINE DISCREPANCIES.

WOULD YOU CONSIDER A REFUSAL NOTIFICATION FROM THE ISSUING BANK LISTING DISCREPANCIES AS:
1. DOCUMENTS INCONSISITENT WITH EACH OTHER
2. ABSENCE OF DOCUMENTS CALLED IN THE LETTER OF CREDIT.

AS COMPLYING TO ARTICLE 14 D II?

I WOULD APPRECIATE YOUR COMMENTS.

PGauntlett · Post by **PGauntlett** » Tue Feb 27, 2001 12:00 am

I think that a bank would be taking a risk in sending such a message. It is similar to saying 'Docs rejected due to various discrepancies'. Art 14 dii requires a bank to be specific. If it is not, it runs the risk of having the rejection notice challenged through the courts.

vobrien · Post by **vobrien** » Thu Apr 12, 2001 1:00 am

The issuing bank should provide a clear listing of discrepanies.

Otherwise due to the stipulations of Article 14 E the Issuing Bank ...may find that they "...shall be precluded from claiming that the documents are not in compliance with the terms and conditions of the Credit."

Vincent O'Brien

vob@obrico.com

T.O.Lee · Post by **T.O.Lee** » Wed May 23, 2001 1:00 am

There are a lot of recent USA legal cases to point out that the refusal notice must be clear, unequivocal, unconditonal, specific, complete and unambiguous. Such statments given by the enquirer do not meet the high level of clarity as required by the USA courts.

I am from www.tolee.com

[edited 5/23/01 3:08:45 AM]