Professional Documents
Culture Documents
Part 1: Commercial Documents Under The Ucp
Part 1: Commercial Documents Under The Ucp
DOCUMENTS UNDER
THE UCP
UCP 600
1
INTRODUCTION
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Who will I
should be?
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COMMERCIAL DOCUMENTS UNDER THE UCP
(UCP 600 & ISBP)
• Contents:
– Introduce about L/C
– How UCP 600 is important in international payment
– Understand main commercial documents
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Learning outcomes
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A letter of credit is basically a
guarantee from a bank that a
particular seller will receive a payment due
from a particular buyer. The bank guarantees
that the seller will receive a specified amount
of money within a specified time. In return for
guaranteeing the payment, the bank will require
that strict terms are met. It will want to
receive certain documents - for example
shipping confirmation - as proof.
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Request to issue a credit
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Revocable L/C
• Give issuer the amendment or cancellation right of
the credit any time without prior notice to the
beneficiary
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Transferable L/C
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Standby Letter of Credit
• Issued by a bank on behalf of the buyer
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Revolving Letter of credit
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Back-to-back L/C
• May be used when an intermediary is involved but a transferable
letter of credit is unsuitable.
• Is irrevocable letter of credit
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At Sight L/C
• Any nominated bank has to pay to the beneficiary when
providing a complying presentation within 5 banking days
since the day documents are received.
• Two types of sight letters of credit:
– Sight negotiation: the beneficiary may obtain the payment right
at the time of presentation by negotiating the sight draft and
the documents with the nominated bank. The issuing bank
must pay/reimburse upon receipt of the complying documents.
– Sight payment : the beneficiary is paid at sight, i.e., right at the
time the complying documents are presented to the nominated
bank.
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Deferred payment L/C
is a credit which:
• Calls for presentation of specified documents on or
before a specified date;
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CHAPTER 1
INTRODUCTION AND DEFINITIONS
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Objectives
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UCP and ISBP
UCP = The Uniform Customs and Practice for Documentary
Credit
UCP was created to:
• Bring uniformity to a field in which individual practices
often differed
• Prevent the detriment of documentary practitioners in all
countries
By using the ISBP
Document checkers can bring their practices in line with
those followed by their colleagues worldwide.
reduce number of documents refused for
discrepancies on first presentation. 30
The application of UCP 600
UCP 600 = rules
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The application and issuance of the credit
from ISBP
• The terms of a credit are independent of the underlying
transaction even if a credit expressly refers to that transaction
• To avoid unnecessary costs, delays and disputes in the
examination of documents, the applicant and beneficiary
should carefully consider:
o which documents should be required
o by whom they should be produced, and
o the time frame for presentation.
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Considerations in L/C
• A credit must not be issued available by a draft drawn on the
applicant.
• A credit must state an expiry date for presentation. An expiry date
stated for honour or negotiation will be deemed to be an expiry date
for presentation.
• The place of the bank with which the credit is available is the place
for presentation. The place for presentation under a credit available
with any bank is that of any bank. A place for presentation other
than that of the issuing bank is in addition to the place of the issuing
bank.
• A presentation by or on behalf of the beneficiary must be made on
or before the expiry date
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Consideration with words in L/C
• The expression "on or about" or similar will be interpreted
as a stipulation that an event is to occur during a period of
five calendar days before until five calendar days after the
specified date, both start and end dates included.
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Consideration with words in L/C
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CHAPTER 2
GENERAL PRINCPLES OF ISSUANCE AND
EXAMINATION OF DOCUMENTS
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2.1. ABBREVIATIONS
• mt – metric tons
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2.2. DATES
Phrases often used to signify time on either side of a date or event:
• "within 2 days after" indicates a period from the date of the event until two
days after the event.
• "not later than two days after" does not indicate a period, only a latest date.
Note: If an advice must not be dated prior to a specific date, the credit must so
state.
• "at least two days before" indicates that something must take place not later
than two days before the event. There is no limit as to how early it may take
place.
• "within 2 days of" indicates a period 2 days prior to the event until 2 days
after the event
Note: The term "within" when used in connection with a date excludes that
date in the calculation of the period.
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How to write dates?
• Date may be expressed in
different formats. Provided Eg: the 12th of November
that the date intended can be 2010 could be expressed
determined from the as:
document or from other – 12Nov10
documents included in the
– 12.11.2010
presentation, any of those
– 12.11.10
formats are acceptable.
– 2010.11.12
• However, to avoid confusion it – 11.12.10
is recommended that the – 121110,
name of the month should be
– etc.
used instead of the number.
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2.3. EXPRESSIONS NOT DEFINED IN UCP 600
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If used in a credit, their meaning should be made apparent.
If not, they have the following meaning under ISBP:
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2.4. Issuer of documents
• If a credit indicates that a document is to be
issued by a named person or entity, this condition
is satisfied if the document appears to be issued
by the named person or entity.
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2.6. MATHENATICAL CALCULATIONS
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2.7. MISSPELLINGS OR TYPING ERRORS
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Considerations with copies
• Where an original would not be accepted in state of a
copy, the credit must prihibit an original.
– For example, “photocopy of invoice – original document not
acceptable in state of photocopy”, or the like.
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2.9. SHIPPING MARKS
• Shipping marks contained in some documents often include
information in excess of what would normally be considered
“shipping marks”, and could include information such as the
type of goods, warnings as to the handling of fragile goods, net
and/or gross weight of the goods, etc. The fact that some
documents show such additional information, while others do
not, is not a discrepancy.
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2.10. SIGNATURES
• Even if not stated in the credit, drafts, certificates and
declarations by their nature require a signature. Transport
documents and insurance documents must be signed in
accordance with the provisions of the UCP 600.
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CHAPTER 3
MAIN COMMERCIAL
DOCUMENTS
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MAIN SHIPPING DOCUMENTS
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3.1. DRAFTS
3. AMOUNT
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A sample of a draft
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TENOR
C3 - 61
Example
if a credit calls for drafts at a tenor 60 days after the bill of lading date,
where the date of the bill of lading is 12 July 2007, the tenor could be
indicated on the draft in one of the following ways:
– "60 days after bill of lading date 12 July 2007", or
– "60 days after 12 July 2007", or
– "60 days after bill of lading date" and elsewhere on the face of the draft
state "bill of lading date 12 July 2007", or
– "60 days date" on a draft dated the same day as the date of the bill of
lading, or
– "10 September 2007", i.e., 60 days after the bill of lading date.
• If the tenor refers to xxx days after the bill of lading date, the on board
date is deemed to be the bill of lading date even if the on board date is prior
to or later than the date of issuance of the bill of lading.
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Maturity date
• 10 days after or from March 1 is March 11.
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How to calculate maturity date
• If a draft states a maturity date by using an actual date, the date must have been
calculated in accordance with the requirements of the credit.
• "at XXX days sight", the maturity date is established as follows:
– In the case of complying documents, or in the case of non-complying
documents where the drawee bank has not provided a notice of refusal, the
maturity date will be XXX days after the date of receipt of documents by the
drawee bank.
– In the case of non-complying documents where the drawee bank has provided
a notice of refusal and subsequent approval, , the maturity date will be XXX
days after the date of acceptance of the draft by the drawee bank.
• In all cases the drawee bank must advise the maturity date to the presenter. The
calculation of tenor and maturity dates, as shown above, would also apply to
credits designated as being available by deferred payment, i.e., where there is no
requirement for a draft to be presented by the beneficiary.
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Amount
• The amount in words must accurately
reflect the amount in figures if both are
shown, and indicate the currency, as stated
in the credit.
• The amount must agree with that of the
invoice, unless as a result of UCP 600 sub-
article 18(b).
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How the Draft is Drawn
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Corrections and Alterations
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Questions to review
1. Does the format comply with the requirements of a draft?
2. Is name of the draft in the language in which it is issued?
3. Draw? Is the draft drawn on the party indicated in the L/C?
4. Expiry? Does the draft call for payment at sight or payment at a
future determinable date?
5. Place of payment?
6. Place and date of issue?
7. Signature of issuer?
8. Are the amounts in words or figure identical?
9. Does the draft contain the notations and clauses provided for in
the L/C, such as "drawn under L/C No....?"
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3.2. INVOICES
1. DEFINITION OF INVOICE
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DEFINITION OF INVOICE
• A credit requiring an “invoice” without further definition
will be satisfied by any type of invoice presented
(commercial invoice, customs invoice, tax invoice, final
invoice, consular invoice, etc.). However, invoices
identified as “provisional”, “pro-forma” or the like are
not acceptable.
• When a credit requires presentation of a commercial
invoice, a document titled “invoice” will be acceptable.
Description of the goods, services or performance and
other general issues related to invoices
Other samples
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DESCRIPTION OF THE GOODS, SERVICES OR
PERFORMANCE
• The description of the goods, services or performance in the invoice
must correspond with the description in the credit.
• The description of goods, services or performance in an invoice must
reflect what has actually been shipped or provided
• An invoice must evidence the value of the goods shipped or services or
performance provided. Unit price(s), if any, and currency shown in the
invoice must agree with that shown in the credit. The invoice must
show any discounts or deductions required in the credit. The invoice
may also show a deduction covering advance payment, discount, etc.,
not stated in the credit.
• Unless required by the credit, an invoice need not be signed or dated.
• The quantity of merchandise, weights and measurements shown on the
invoice must not conflict with the same quantities appearing on other
documents.
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OTHER GENERAL ISSUES RELATED TO INVOICES
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3.3. BILLS OF LADING
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Full set of originals
• Transport documents marked “First Original”,
“Second Original”, “Third Original”, “Original”,
“Duplicate”, “Triplicate”, etc., or similar
expressions are all originals.
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Signing of bill of lading
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Goods description, Freight and additional costs
• A goods description in the bill of lading may be shown in general terms
not in conflict with that stated in the credit.
• If a credit requires that a bill of lading show that freight has been paid or
is payable at destination, the bill of lading must be marked accordingly.
Applicants and issuing banks should be specific in stating the
requirements of documents to show whether freight is to be prepaid or
collected.
• If a credit states that costs additional to freight are not acceptable, a bill
of lading must not indicate that costs additional to the freight have been
or will be incurred. Such indication may be by express reference to
additional costs or by the use of shipment terms which refer to costs
associated with the loading or unloading of goods, such as Free In (FI),
Free Out (FO), Free In and Out (FIO) and Free In and Out Stowed (FIOS).
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Questions to review
1. Does the name of the ship appear?
2. Are the port of loading and discharge stated and consistent
with the requirement of the L/C?
3. Does the B/L bear the date of issue?
4. Is the issuer?
5. Is the B/L signed by the issuer?
6. Does the B/L bear “clean on board" notation?
7. Does the document indicate the number of original B/L issue?
8. Is the B/L issued to the correct order party as required by the
L/C?
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Are all the other conditions required in the
L/C such as:
• Name and address of the shipper
• Name and address of the consignee
• Name and address of the notify party
• Shipping marks
• Number of packages
• Description of goods
• Weight
• Freight notation
• Additional notations
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3.6. INSURANCE DOCUMENT
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Issuers of insurance documents
• Insurance documents must appear to have been issued
and signed by insurance companies or underwriters or
their agents or proxies. If required by the insurance
document or in accordance with the credit terms, all
originals must appear to have been countersigned.
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Dates
An insurance document that incorporates an
expiry date must clearly indicate that such
expiry date relates to the latest date that
loading on board or dispatch or taking in
charge of the goods (as applicable) is to occur,
as opposed to an expiry date for the
presentation of any claims thereunder.
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Percentage and amount
• An insurance document must be issued in the currency of
and, as a minimum, for the amount required by the
credit. The UCP does not provide for any maximum
percentage of insurance coverage.
• If it is apparent from the credit or from the documents
that the final invoice amount only represents a certain
part of the gross value of the goods (e.g., due to
discounts, pre-payments or the like, or because part of
the value of the goods is to be paid at a later date), the
calculation of insurance cover must be based on the full
gross value of the goods.
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Insured party and endorsement
• An insurance document must be in the form as required
by the credit and, where necessary, be endorsed by the
party to whose order claims are payable. A document
issued to bearer is acceptable where the credit requires an
insurance document endorsed in blank and vice versa.
• If a credit is silent as to the insured party, an insurance
document evidencing that claims are payable to the order
of the shipper or beneficiary would not be acceptable
unless endorsed. An insurance document should be issued
or endorsed so that the right to receive payment under it
passes upon, or prior to, the release of the documents.
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Sample of CI M
1. Certificate Number: a unique number that will be assigned to your cargo
insurance certificate.
2. Shipment Date: departure date of your international or domestic shipment
of commercial cargo, household goods, vehicles, boats, machinery,
commodities, merchandise, etc.
3. Assured: Your or receiver name (the beneficiary of insurance) and address.
4. Insurer: Name of the cargo insurance policy underwriters.
5. Shipping Details: name of the shipping company (ocean carrier, airline,
trucking co.), vessel name, voyage / flight number.
6. Insured Value: normal rule is to insure for CIF + 10%. Total cost of the cargo,
freight shipping charges, insurance premium and add 10%. This amount
should cover the REPLACEMENT COST plus any unforeseen expenses.
7. Place of Origin: city, state / region, country, port of departure.
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Sample of CI
8. Final Destination: city, state / region, country, port of destination.
9. Description of Goods: what is being shipped, number of packages / pallets, weight,
marks, VIN / ID numbers.
10. Average Terms & Conditions: special terms for your cargo shipment. Cargo Insurance
Policy deductible is 1% of the insured value with $500 minimum. Household goods are
subject to 3% deductible, minimum of $250.
11. CONDITIONS: Warranties and conditions according to American Institute Cargo Clauses.
12. Additional Notes: more details on your international or domestic shipment; letter of
credit information, etc.
13. Consignee: if the receiver of the cargo is different from the Assured.
14. Claims Agent: company at the country of destination to be notified in case of cargo
damages or losses.
15. Claims Procedures: steps to file the cargo insurance claim and list of required supporting
documents.
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Questions to review
1. Was the insurance document issued as a policy or certificate in compliance with the L/C
stipulations?
2. Have all issued originals of the insurance document been presented?
3. Is the insurance document issued and signed by an insurance company or underwriter or
their agent? Confirmation of cover from insurance brokers will be rejected by the banks.
4. Is the insurance document correctly dated and signed?
5. Is the information regarding the transport route and mode of transport consistent with
the L/C?
6. Is the amount insured sufficient and the value correct?
7. The insurance currency must be consistent with that of the L/C unless otherwise stated?
8. Does the insurance cover all risks as required in the L/C? If the L/C states "Insurance
against all risks", an insurance document with the notation "all risks" is accepted, even if
it is stated that certain risks are excluded.
9. Does the insurance cover all additional risks resulting from the type of shipping or
transport route such as reloading, on deck loading or storage?
10. Is the insurance certificate correctly endorsed, if endorsement is required?
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CERTIFICATES OF ORIGIN
• Basic requirement:
– satisfied by the presentation of a signed, dated document that
certifies to the origin of the goods.
• Issuers of certificates of origin
– must be issued by the party stated in the credit.
– if a credit requires a certificate of origin to be issued by the
beneficiary, the exporter or the manufacturer, a document issued by
a chamber of commerce will be deemed acceptable, provided it
clearly identifies the beneficiary, the exporter or the manufacturer as
the case may be.
– If a credit does not state who is to issue the certificate, then a
document issued by any party, including the beneficiary, is
acceptable.
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Contents of certificates of origin
• The certificate of origin must appear to relate to the invoiced goods. The
goods description in the certificate of origin may be shown in general terms
not in conflict with that stated in the credit or by any other reference
indicating a relation to the goods in a required document.
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Some samples of CO
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GOOD LUCK STUDENTS!
THE END
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