ICC Digital Library Forum

Dear All,
we had following discussion:

L/C requires presentation of a Certificate of Origin by Chamber of Commerce (nothing else defined in the L/C.
Now our customer requires to mention the enduser (which is not the applicant) as consignee in the Certificate of Origin.

Nor is a transport document required in the L/C, neither any requirements concerning a consignee.

Is it therefore acceptable to mention a party (not mentioned in the credit) as consignee in the Certificate of Origin, provided no other document shows any divergent consignee.

Thanks for your reply.

I’m afraid NOT.

Regards,
N.H.Duc

NHD, only just noticed the query & your answer.

I could not see why you said 'not'. Para L5 of ISBP745 would not seem applicable. Therefore, I a consignee other than the applicant would presumably not constitute 'data conflict' (presumably data conflict being the basis of your reply).

Of course, I might be missing something obvious.

Regards, Jeremy
[edited 11/19/2013 1:48:20 PM]

Hi Jeremy,

A transport document must be consigned to a named entity or issued to order or to the order of a named entity.

Assuming that the transport document is consigned to a named entity, e.g., ABC Co. Ltd, the consignee in the certificate of origin must be ABC Co., Ltd.

Assuming that the transport document is issued to order or to the order of a named entity, the consignee in in the certificate of origin may be the same as that in the the transport document or any entity NAMED IN THE CREDIT.

I think the end user is not the entity named in the credit nor the consignee shown in the transport document, hence, it should not be shown as the consignee in the certificate of origin.

Sorry for my lengthy explanation.

Kind regards,
N.H.Duc

Dear Jeremy and Duc,

thanks for your comments, but the essential information is, that NO transport document is required. Therefore we also assume that L5 of ISBP745 is not applicable.
Thanks again for your comments.

Dear Jeremy and Gerhard,

Sorry. I didn't read the question fully.

Regards/N.H.Duc