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  SWQ_76
24
.4.2008
Freight Forwarders transport document not acceptable
  Question:

Name: Syed Murtuza

DEAR SIRS,

LC ISSUED SUBJECT TO UCP-600, STIPULATES UNDER ADDITIONAL CONDITIONS THAT THE "FREIGHT FORWARDER'S BILL OF LADING NOT ACCEPTABLE".

THE BILL OF LADING WAS ISSUED BY "ABC SHIPPING AND FREIGHT FORWARDING AGENCY CO." ON THEIR ORIGINAL LETTER HEAD AND SIGNED AS AGENTS FOR THE CARRIER "PANAMA LINES".


THE PRESENTATION WAS MADE TO THE ISSUING BANK WHO REJECTED THE DOCUMENTS STATING THAT "THE FREIGHT FORWARDER'S B/L" PRESENTED.


PLEASE LET HAVE YOUR OPINION ON THIS MATTER, WHETHER THE OPENING BANK IS CORRECT IN REJECTING THE DOCUMENTS.


AS FAR AS UCP -600 IS CONCERN, WE CAN ACCEPT THE B/L IF IT IS SIGNED IN CORRECT CAPACITY I.E. ABC SHIPPING AND FREIGHT FORWARDING AGENCY CO." AS AGENTS FOR THE CARRIER "PANAMA LINES" IRRESPECTIVE OF THEIR LETTER HEADS.


MEANWHILE,
PLEASE LET US HAVE YOUR OPINION ON THIS ISSUE AS WELL THAT


A.
IF THE "ABC SHIPPING AND FREIGHT FORWARDING AGENCY CO" SIGNED THE B/L ISSUED ON THEIR LETTER HEAD "AS CARRIER" DOES THIS STILL TREATED AS FREIGHT FORWARDER'S B/L.


B.
WHAT ACTUALLY MEAN BY "FREIGHT FORWARDER'S BILL OF LADING NOT ACCEPTABLE". SHOULD THE B/L BE ISSUED ON THE CARRIER'S ORIGINAL LETTER HEAD OR NOT.


I SHALL BE GRATEFUL FOR YOUR RESPONSE.

THANKING YOU IN ADVANCE.

 

 
  Answer (from Kim Christensen)
Dear Syed Murtuza
 
I will just quote from ICC Opinion TA.572 wihic I think covers your questions:
 
Quote
The terminology "Transport document issued by Freight Forwarder not acceptable" is an ambiguous term that does not clearly define the type of document that would be acceptable. For example, it is not clear whether the credit is seeking to remove the ability for a freight forwarder to issue a bill of lading that would be acceptable under UCP 500 Article 30 or whether it extends to the manner in which the bill of lading would be signed. In regard to this enquiry, the bank would be obliged to accept a bill of lading that was signed "as carrier" irrespective of any knowledge they may have as to the capacity of the issuer.
Unquote
 
I would expect that one to be applicable under UCP 600 as well.
 
Best regards
Kim
 
 
  Answer (from Bogdan Ilie)

 

I agree - as long as the B/L is signed as per article 20 of UCP600, it must be accepted even if the LC states that “freight Forwarders bill of lading is not acceptable”


Regards
Bogdan