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  SWQ_121
16
.10.2008
Original B/L presented in lieu of an original
  Question:

Name: Meadow

Dear sirs,

We issued an L/C stating as follows:

  • 2/3 set of Original shipped on board B/L made out to order of the issuing bank
     

  • Ben's cert certifying that 1/3 Original B/L has been sent directly to the applicant by DHL within 05 working days after shipment date

A full set (3/3) B/L was sent to us, that means no original B/L had been sent to the applicant though Ben's cert certified exactly as L/C required.
Is this a discrepancy and should we accept B/L as presented?

 

 
Answer (from Bogdan Ilie)

It is a discrepancy.
Subart.14d of UCP600 applies as the data in the beneficiary’s certificate
conflict with the full set of B/L presented.

 

 
Answer (from Don Smith)

 

Discrepant

Answer (from Kim Christensen) ISBP (2007) paragraph 31 reads:


Where an original would not be accepted in lieu of a copy, the credit must
prohibit an oiginal, e.g., "photocopy of invoice - original document not
acceptable in lieu of photocopy", or the like. Where a credit calls for a
copy of a transport document and indicates the disposal instructions for the original of that transport document, an original transport document will not be acceptable.


I think the last part answers your question clearly.