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  SWQ_115
8
.10.2008
Deliver the documents as being presented
  Question:

Name: Suleyman Goksel Soylu

Dear Sir,

Please find the enclosed query for your consideration. Your response on this matter is highly appreciated. So many advising banks refuse to examine documents then delivers the documents as being presented. From my experience i realized that advising banks are forcing the beneficiaries for a written instruction stating : ”deliver the documents as being presented"...

Are they correctin doing this? If they are forwarding the documents to the confirming / negotiation banks then I can understand their decision but if they are forwaring the documents to the applicant bank despite the goods being shipped and no way to turn back?...

I really wonder about your comments on this issue...

Thanks in advance...

 
Answer (from Don Smith)
  1. An advising bank may not have been nominated to act further under the credit.
     
  2. A bank may be nominated to negotiate or take other action but such nomination by the issuing bank does not obligate the nominated bank.
     
  3. The arrangements between the beneficiary and their bank (whether nominated or not) are between those two. It is common practice for a bank to receive documents which they do not wish to examine and to forward those documenhts to the issuing bank without examination.