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Dear Shlomo
Avraham,
Interesting
question indeed!
There have been
many discussions regarding the status of the ISBP. Let me start by quoting
the Introduction to the UCP 600:
During the
revision process, notice was taken of the considerable work that had been
completed in creating the International Standard Banking Practice for the
Examination of Documents under Documentary Credits (ISBP), ICC Publication
645. This publication has evolved into a necessary companion to the UCP for
determining compliance of documents with the terms of letters of credit. It
is the expectation of the Drafting Group and the Banking Commission that the
application of the principles contained in the ISBP, including subsequent
revisions thereof, will continue during the time UCP 600 is in force. At the
time UCP 600 is implemented, there will be an updated version of the ISBP to
bring its contents in line with the substance and style of the new rules.
I guess you can
say that the ISBP signifies the practical application of the UCP 600.
Bear in mind
also the definition of a “Complying presentation” as stated in UCP 600
article 2:
… a
presentation that is in accordance with the terms and conditions of the
credit, the applicable provisions of these rules and international standard
banking practice.
The reference
to “international standard banking practice” signifies – amongst others (but
not limited to) – the ISBP.
As such the
ISBP is an interpretation of the UCP 600 meaning that everything in the ISBP
must (in theory at least) be arguable based on UCP 600 articles.
For
SWQ#67 – you can (also)
argue as follows:
UCP 600 article
18 says “A commercial invoice … must appear to have been issued by the
beneficiary”. To me it clearly does.
Further UCP 600
sub-article 14(d) reads:
Data in a
document, when read in context with the credit, the document itself and
international standard banking practice, need not be identical to, but must
not conflict with, data in that document, any other stipulated document or
the credit.
The data “Ltd”
is not identical to “Limited” – but the two pieces of data does not
conflict!
There is no
limit to what issuing banks will state as discrepancies … but that does not
make them correct…
Best regards
Kim Christensen
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