ICC Digital Library Forum

I would be grateful to receive your comments & advice on this credit I received: -

The credit covers the shipment of Indonesian round logs from Nunukan,Indonesia to Sandakan, Malaysia calling for marine bills of lading.
It has the following requirements:

1 When complete loading, photo must be taken & certificate to this effect is required.

2. Shipment by barge towed by tug-boat acceptable.

3. Inspection certificate issued & signed by the buyer's representative certifying that he has inspected the
goods & found them in good order & condition.

No further relevant details are furnished.

How does one evidence compliance to the above requirements e.g

1. How is the photo to be taken & what must the photo show?

2. Could the certificate for 1 be issued by the Beneficiary himself since the credit is silent on this?

3. What must the certificate for 1 above certify?

4. If shipment is by barge, is a marine BL still required & how would it be drawn up to show it is towed by a tug-boat?

5. Since the buyer's rep is not disclosed to us, are we right to accept an inspection cert purportedly signed by someone for the buyer?


The above credit was issued by a premier bank here & we would appreciate yr advice.

Thank you.

WE MISS OUR OLD FRIENDS IN LOG AND TIMBER TRADES

About thiry years ago we also handled log and timber trades in Sabah and Indonesia. How is Teck Guan Sandakan doing now? Where are Datuk Tay Chee Hiong, Datuk Hong Kim Sui and Datuk Harris Salleh, your former Chief Minister of Sabah? We do miss them a lot.

ANSWERS TO Q1, Q2, Q3 & Q5

The DC should have given clear, unambiguous and precise instructions for documents required and their data content. Otherwise they would be checked with Article 21 of the UCP 500 unless they are commercial invoices, transport documents or insurance documents.

ANSWER TO Q4

Transport by tug boat and barge should be covered by an inland waterway transport document as such carriages are subject toinland waterway transport code, such as the domestic maritime code rather than the international maritime code.

Having said that, we wonder whether in Malaysia or Indonesia, there are such two codes that exist. However, in China, they do have since we hold a certificate of a Chinese University in Guangzhou for a course on such codes.

Secondly a marine or ocean bill of lading is subject to international maritime conventions but it is not so for an inland waterway transport document. So we cannot issue a marine/ocean bill of lading for carriage SOLELY by tug boat and barge, unless an ocean leg of transport is ALSO involved.

TIPS FROM US FOR PEOPLE TO PROVIDE HELP IN MALAYSIA

For your information, some bankers from Kota Kinabalu, Tawau and Sandakan did fly to Kuala Lumpur to participate in our 3 day transport documents workshop organised by the IBBM couple of years ago and they should be able to help you with your problems if you care to find them. Please try the Sabah Bank in KK.

http://ww.tolee.com

[edited 11/1/01 7:41:28 PM]

Sorry, this is of no use but I can't resist it..........

I think that the photo should be taken with the sun behind the photographer and maybe a nice one of the ship's cat or the Master in an uncompromising position.