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  SWQ_136
4
.2.2009
Third party B/L not acceptable
  Question: Name: s.murtuza

Would you please define the Term "THIRD PARTY B/L NOT ACCEPTABLE."

......

As per ISBP-681, Third Party documents mean: “All documents, excluding drafts but including invoices, may be issued by a party other than the beneficiary”.

......

Under the above term, can the B/L show the name of the any party as shipper or consignor other than a beneficiary of the credit?

As the ISBP clarifies the "Third Party" in relation to the Issuance of the documents.

Please advise me your opinion.

Best regards

he issuing bank can do to recover this loss.

Regards

 

 
Answer (from Kim Christensen) Dear s. murtuza,

Thanks for using the single window.

Any such "definition" seems to me to be a pure guesswork. One should revert to the issuer for clarification.

This goes both for B/L and insurance documents.

Best regards

Kim

 


Comment (from Nesarul Hoque)

 

First of all, I do agree with Kim that this clause deserves some clarification from the issuer.

However, if a credit stipulated the above condition, the following assumption may be taken in consideration:

According to sub article 14(k) of UCP 600:

"The shipper or consignor of the goods indicated on any document need not to be the beneficiary of the credit"

What will happen if issuer excluded the above sub article 14(k) of UCP 600?

According to TA 638rev, we can say that, the issuer only authorized the beneficiary as the shipper or consignor of the Bill of Lading.

Now If the issuer mentioned the subject captioned clause in the credit, i.e. "Third party Bill of Lading is not acceptable"

My opinion is that the issuer excluded the sub article 14(k) of UCP 600 and effectively mentioned its requirement on the credit terms.

 


Answer (from Kim Christensen) Dear Nesarul,

Thanks for your comment. It is appreciated.

In fact I do agree with you - but the reason I answered this way is that if this is the intention then why not say so?? Like "B/L consigned to order of applicant showing beneficiary as shipper ... "? Then no fuss - no confusion ...

And by the way TA638rev covers the scenario where sub-article 14(k) is directly excluded from the LC. This is not the exact same situation we have with the wording under discussion here.

Best regards

Kim