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Authentication of a correction on a B/L
Posted: Tue Sep 17, 2002 1:00 am
by MichaelFlanagan
We refer to Opinion R.344 of ICC Publication no. 613 which reads
'An authentication to an alteration on a bill of lading may be made by any agent of the carrier/ master without limitation as to whether that party signed the bill of lading and/or authenticated any other alteration within that document.'
OUR QUESTIONS IS :
SHOULD THE PARTY SIGNING THE ALTERATION ON THE B/L INDICATE/STATE THEIR NAME AND CAPACITY
(I.E.,AGENT OF THE CARRIER/ MASTER, ON WHOSE BEHALF THAT PARTY IS ACTING )
Authentication of a correction on a B/L
Posted: Tue Sep 17, 2002 1:00 am
by PGauntlett
yes
Authentication of a correction on a B/L
Posted: Tue Sep 17, 2002 1:00 am
by hatemshehab
I have encountered many “Bladings” (this is copyright Jeremy) the authentication to the alteration is done by imposing a small chop reading “authentication approved” or other similar meaning. The chop is initialed by the authenticator presumably the carrier / agent of the carrier, although nothing is clearly indicated as such. I think it should be known beforehand to the bank document checker that authenticator who is “logically speaking” the issuer of the “Bladings” is the only authorized person to effect such alterations to the document he himself issued. Therefore an issuer is not supposed to identify his capacity on the alteration he has done.
This issue is not covered clearly by the UCP, although I recognize the fact that article 23 ai states that Bladings “appears on its face to have been signed or otherwise authenticated by:
- the carrier or a named agent for or on behalf of the carrier, or
- the master or a named agent for or on behalf of the master.
ANY SIGNATURE OR AUTHENTICATION OF THE CARRIER OR MASTER MUST BE IDENTIFIED AS CARRIER OR MASTER, AS THE CASE MAY BE. An agent signing or authenticating for the carrier or master must also indicate the name and the capacity of the party, i.e. carrier or master, on whose behalf that agent is acting,"
But if we look closely into this wording we could argue that authentication referred to inhere is a substitute of signature to ensure that the issuer is what he claims to be and that he is responsible for what he sings, which might be realized by mark, stamp or label on such document” to quote from article 20 (d).
Had the wording been “ANY SIGNATURE AND OR AUTHENTICATION OF THE CARRIER OR MASTER MUST BE IDENTIFIED AS CARRIER OR MASTER, AS THE CASE MAY BE” the Yes answer to the query above would seem to be unavoidable.
If one needs such explicit requirement to be satisfied he should state so in the L/C under additional conditions that “any alteration / correction to the documents must be authenticated by the issuer or his agent and must clearly indicate the capacity or on whose behalf the authenticator is acting except where documents are issued by the beneficiary for which authentication may only be effected by him in accordance with this provision”
I am still open to other interpretations.
Authentication of a correction on a B/L
Posted: Wed Sep 18, 2002 1:00 am
by larryBacon
ALTERATION APPROVED CHOP OR RUBBER STAMP
If it is evident that the chop is applied by the same company who signed the B/L, the capacity in which it is signed is not necessary. I disagree with Hatem Shehab that the same person must sign it. Another person from the same company may sign it.
Typically an agent for the carrier will sign the original B/L and any agent for the carrier, identified as such, may authenticate the alteration. If such agent is not the agent/company who originally signed the B/L, he must clearly indicate his authority to do so by indicating his capacity as agent to the carrier. Obviously an agent authenticating an alteration in this way should exercise due prudence by prior notification to the carrier, the agent who issued the B/L and the agent at the destination port, but this is not an issue which should concern banks examining documents at face value under UCP.
Laurence
Authentication of a correction on a B/L
Posted: Fri Sep 20, 2002 1:00 am
by DimitriScoufaridis
As per Case 165, Pub. No. 459 (Case Studies on DC’s), p. 138, “a correction stamp on a transport document should make it evident by whom the correction was effected in order for it to be valid ... A correction stamp should be signed or at least initialled, although sometimes it is, in fact, not further supplemented by an initial or a signature.” Also as per ISBP doc. 470/951rev3 point no. 40 “Corrections or Alterations of information or data in a document must be authenticated by the party who issued the document or by the party authorized by the issuer to do so. The authentication must show by whom the authentication has been made and include that party’s signature or initials. If the authentication is made by a party other than the issuer of the document, the authentication must clearly show in which capacity that party is authenticating the alteration”; moreover, point no. 44 of ISBP states “Authentication of alterations / corrections on a transport document may be made by the carrier, master, owner, or multimodal transport operator, or their agent, as applicable.”
Dimitri