73) If a credit requires presentation of a transport document covering a port-to-port shipment, UCP Article 23 is applicable.
74) If a credit requires presentation of a "marine" or "ocean" transport document, UCP Article 23 applies. A transport document need not use the term "marine" or "ocean" in order to comply with UCP Article 23 provided that it covers a port-to-port shipment.
Full set of originals
75) A UCP Article 23 transport document must indicate the number of originals that have been issued. Transport documents marked "First Original", "Second Original", "Third Original", "Original", "Duplicate", "Triplicate", etc., or similar expressions are all originals. Bills of lading need not be marked "original" to be acceptable as an original bill of lading. See section 3.1 of ICC Publication 470/871Rev., 29 July 1999, "The determination of an "Original" document in the context of UCP 500 sub-Article 20(b)".
Signing of bills of lading
76) Original bills of lading must bear a signature in the form described in UCP sub-Article 20(b) and the name of the carrier must appear on the face of the bill of lading, identified as the carrier.
a) If an agent signs a bill of lading on behalf of a carrier, the agent must be identified as agent, and must identify the carrier on whose behalf it is signing, unless the carrier has been identified elsewhere on the face of the bill of lading.
b) If the master (captain) signs the bill of lading, the signature of the master (captain) must be identified as "master" ("captain"). In this event, the name of the master (captain) need not be stated.
c) If an agent signs the bill of lading on behalf of the master (captain), the agent must be identified as agent and the name of the master (captain) on whose behalf it is signing must be stated.
77) If a credit states "Freight Forwarder's Bill of Lading is acceptable" or uses a similar phrase, then the bill of lading may be signed by a freight forwarder in the capacity of a freight forwarder, without the need to identify itself as carrier or agent for the named carrier. It is not necessary to show the name of the carrier.
On board notations
78) If a pre-printed "Shipped on board" bill of lading is presented, its issuance date will be deemed to be the date of shipment unless it bears a separate dated on board notation, in which event the date of the on board notation will be deemed to be the date of shipment whether or not the on board date is before or after the issuance date of the bill of lading.
79) "Shipped in apparent good order", "Laden on board", "clean on board" or other phrases incorporating words such as "shipped" or "on board" have the same effect as "Shipped on board".
Ports of loading and ports of discharge
80) While the named port of loading, as required by the credit, should appear in the port of loading field within the bill of lading, it may instead be stated in the field headed "Place of receipt" or the like, if it is clear that the goods were transported from that place of receipt by vessel, and provided there is an on board notation evidencing that the goods were loaded on that vessel at the port stated under "Place of receipt" or like term.
81) While the named port of discharge, as required by the credit, should appear in the port of discharge field within the bill of lading, it may be stated in the field headed "Place of final destination" or the like if it is clear that the goods were to be transported to that place of final destination by vessel, and provided there is a notation evidencing that the port of discharge is that stated under "Place of final destination" or like term.
82) If a Container Yard (CY) or Container Freight Station (CFS) is stated as the place of receipt and that place is the same as the stated port of loading (e.g. Place of Receipt: Hong Kong CY; Port of Loading: Hong Kong), these places are deemed to be the same, and therefore the specification of the port of loading and the name of the vessel in the "on board" notation are not necessary.
83) If a credit gives a geographical area or range of ports of loading and/or discharge (e.g. "Any European Port"), the bill of lading must indicate the actual port of loading and/or discharge, which must be within the geographical area or range quoted.
Consignee, order party, shipper and endorsement, notify party
84) If a credit requires a bill of lading to show that the goods are consigned to a named party, e.g. "consigned to Bank X" (a "straight" consignment), rather than "to order" or "to order of Bank X", the bill of lading must not contain words such as "to order" or "to order of" that precede the name of that named party, whether typed or pre-printed. Likewise, if a credit requires the goods to be consigned "to order" or "to order of" a named party, the bill of lading must not show that the goods are consigned straight to the named party.
85) If a bill of lading is issued to order, or to order of the shipper, it must be endorsed by the shipper. An endorsement indicating that it is made for or on behalf of the shipper is acceptable.
86) If a credit does not state a notify party(ies), the respective field on the bill of lading may be left blank or completed in any manner.
No comments:
Post a Comment