Monday, June 14, 2010

An opinion about the originality in shipping documents (UCP 600) II

Banks nowadays demand the entire set as a precaution against fraud.Therefore, a buyer, if properly advised, will ask for a provision in the sale contract giving him the entire set of B/Ls or risk being in breach if the bank rejects a tender of less than the entire set.If banks would, instead of demanding a full set of B/Ls, encourage merchants and carriers to use a single original B/L, the market could move away from the practice of dealing with multiple original B/Ls. This should ultimately lead to an outcome in which carriers will issue only one original B/ L, which would reduce considerably the risk of fraud arising from the 'loop hole„ opened up by sub-article 20(b) of UCP 500.

It is not entirely clear whether article 17 of UCP 600 should be applicable to B/Ls. A plain reading of the new UCP suggests that article 17 is applicable, because B/Ls are not specifically excluded from the article. So far I presume, there have not been any cases concerning the originality of a B/L, but there are several cases concerning the originality of other documents.

Raymond Jack states in his book "Documentary Credits" that verification of originality will become increasingly difficult as document reproduction technology continues to improve and colour copying becomes commonplace.
This appears to have happened already, which is why Banking Commission should have reacted by clarifying in UCP 600 that article 17 in UCP 600 is not applicable when credit calls for a B/L.

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