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  SWQ_96
7
.8.2008
Packing list in 5 copies
  Question:

Name: Syed Murtuza

An LC issued subject to UCP 600, calls for documents under field 46A including "Packing List in 5 copies"

The documents were presented to the Nominated Bank which included 5 pieces of “Packing List” all clearly marked with a super imposed stamp of ".

The Negotiating Bank refused to negotiate the documents and sent notice to the presenting bank stating that the packing list was presented in 5 copies instead of one original and 4 copies.

The Presenting Bank rejected the refusal notice quoting article 17(d) of UCP 600.

Please clarify which bank is correct; the Nominated bank or the presenting bank.

As there is a confusion between Article 17 (d) and 17 (e) please clarify to which documents article 17 (e) applies.

I shall be grateful for your answers.

Thank and regards

 

 
  Answer (from Kim Christensen) Dear Syed Murtuza,

These things are indeed tricky - and many times it may be difficult to fully understand the intention of the issuing bank - and sometimes you may even need to see the complete list of documents required in order to determine what wording is used for requiring originals and what used for requiring copies.

However - based alone on the information given I will refer to you ISBP (2007) paragraph 30,b which reads:

"Invoice in 4 copies, it will be satisfied by the presentation of at least one original and the remaining number as copies of an invoice".

This seems to me to be fully in line with UCP 600 sub-article 17(e). I see no confusion between 17(d) and 17(e). As such 17(d) covers a different scenario namely where the LC clearly calls for copies of documents. This seems not to be the case here.

I expect that answers your question.

Best regards

Kim