a. If a credit states that reimbursement is to be obtained by a nominated bank
("claiming bank") claiming on another party ("reimbursing bank"), the credit must state if the reimbursement is subject to the ICC rules for bank-to-bank
reimbursements in effect on the date of issuance of the credit.
b. If a credit does not state that reimbursement is subject to the ICC rules for bankto-bank reimbursements, the following apply:
i. An issuing bank must provide a reimbursing bank with a reimbursement
authorization that conforms with the availability stated in the credit. The
reimbursement authorization should not be subject to an expiry date.
ii. A claiming bank shall not be required to supply a reimbursing bank with a
certificate of compliance with the terms and conditions of the credit.
iii. An issuing bank will be responsible for any loss of interest, together with
any expenses incurred, if reimbursement is not provided on first demand by a reimbursing bank in
accordance with the terms and conditions of thecredit.
iv. A reimbursing bank's charges are for the account of the issuing bank.
However, if the charges are for the account of the beneficiary, it is the
responsibility of an issuing bank to so indicate in the credit and in the
reimbursement authorization. If a reimbursing bank's charges are for the
account of the beneficiary, they shall be deducted from the amount due to
a claiming bank when reimbursement is made. If no reimbursement is
made, the reimbursing bank's charges remain the obligation of the issuing
bank.
c. An issuing bank is not relieved of any of its obligations to provide reimbursement if reimbursement is not made by a reimbursing bank on first demand.
Article 14 Standard for Examination of Documents
a. A nominated bank acting on its
nomination, a confirming bank, if any, and the issuing bank must examine a
presentation to determine, on the basis of the
documents alone, whether or not the
documents appear on their face to Constitute a
complying
presentation.
b. A nominated bank acting on its
nomination, a confirming bank, if any, and the issuing bank shall each have a
maximum of five
banking days following the day of
presentation to determine if a
presentation is
complying. This period is not curtailed or otherwise
affected by the
occurrence on or after the date of
presentation of any expiry date or last day for
presentation.
c. A
presentation including one or more original transport
documents subject to articles 19, 20, 21, 22, 23, 24 or 25 must be made by or on
behalf of the
beneficiary not later than 21
calendar days after the date of
shipment as
described in these rules, but in any event not later than the expiry date of the
credit.
d. Data in a
document, when read in context with the credit, the
document itself and international standard
banking practice, need not be
identical to, but must not conflict with, data in that
document, any other stipulated
document or the credit.
e. In
documents other than the commercial invoice, the description of the goods,services or performance, if stated, may be in general terms not conflicting with their description in the credit.
f. If a credit requires
presentation of a
document other than a transport
document,insurance
document or commercial invoice, without stipulating by whom the
document is to be issued or its data content, banks will accept the
document as presented if its content appears to fulfil the function of the required
document and otherwise complies with sub-article 14 (d).
g. A
document presented but not required by the credit will be
disregarded and may be returned to the presenter.
h. If a credit contains a condition without stipulating the
document to indicate compliance with the condition, banks will deem such condition as not stated and will
disregard it.
i. A
document may be dated prior to the issuance date of the credit, but must not be dated later than its date of
presentation.
j. When the addresses of the beneficiary and the
applicant appear in any stipulated
document, they need not be the same as those stated in the credit or in any other stipulated
document, but must be within the same country as the
respective addresses mentioned in the credit. Contact details (telefax, telephone, email and the like) stated as part of the beneficiary's and the
applicant's address will be
disregarded. However, when the address and contact details of the
applicant appear as part of the consignee or
notify party details on a transport
document subject to articles 19, 20, 21, 22, 23, 24 or 25, they must be as stated in the credit.
k. The shipper or consignor of the goods indicated on any
document need not be the beneficiary of the credit.
l. A transport
document may be issued by any party other than a
carrier, owner,master or charterer provided that the transport
document meets the
requirements of articles 19, 20, 21, 22, 23 or 24 of these rules.
Article 15 Complying Presentation
a. When an issuing bank determines that a
presentation is
complying, it must
honour.
b. When a confirming bank determines that a
presentation is
complying, it must honour or
negotiate and forward the
documents to the issuing bank.
c. When a nominated bank determines that a
presentation is
complying and
honours or
negotiates, it must forward the
documents to the confirming bank or issuing bank.
Article 16 Discrepant Documents, Waiver and Notice
a. When a nominated bank acting on its
nomination, a confirming bank, if any, or the issuing bank determines that a
presentation does not
comply, it may refuse to honour or
negotiate.
b. When an issuing bank determines that a
presentation does not
comply, it may in its sole judgement approach the
applicant for a waiver of the discrepancies. This does not, however, extend the period mentioned in sub-article 14 (b).
c. When a nominated bank acting on its
nomination, a confirming bank, if any, or the issuing bank decides to refuse to honour or
negotiate, it must give a single notice to that effect to the presenter.
The notice must state:
i. that the bank is refusing to honour or
negotiate; and
ii. each discrepancy in respect of which the bank refuses to honour or
negotiate; and
iii. a) that the bank is
holding the
documents
pending further instructions from the presenter; or
b) that the issuing bank is
holding the
documents until it receives a waiver
from the
applicant and agrees to accept it, or receives further instructions
from the presenter prior to agreeing to accept a waiver; or
c) that the bank is returning the
documents; or
d) that the bank is acting in
accordance with instructions
previously received from the presenter.
d. The notice required in sub-article 16 (c) must be given by telecommunication or, if that is not possible, by other expeditious means no later than the close of the fifth
banking day following the day of
presentation.
e. A nominated bank acting on its
nomination, a confirming bank, if any, or the issuing bank may, after providing notice required by sub-article 16 (c) (iii) (a) or(b), return the
documents to the presenter at any time.
f. If an issuing bank or a confirming bank fails to act in
accordance with the
provisions of this article, it shall be precluded from claiming that the
documents do not constitute a
complying
presentation.
g. When an issuing bank refuses to honour or a confirming bank refuses to honour or
negotiate and has given notice to that effect in
accordance with this article, it shall then be entitled to claim a refund, with interest, of any reimbursement made.
Article 17 Original Documents and Copies
a. At least one original of each
document stipulated in the credit must be presented.
b. A bank shall treat as an original any
documentbearing an
apparently original
signature, mark, stamp, or label of the issuer of the
document, unless the
document itself indicates that it is not an original.
c. Unless a
document indicates otherwise, a bank will also accept a
document as original if it:
i. appears to be written, typed, perforated or stamped by the
documentissuer's hand; or
ii. appears to be on the
document issuer's original stationery; or
iii. states that it is original, unless the statement appears not to apply to the
document presented.
d. If a credit requires
presentation of copies of
documents,
presentation of either originals or copies is permitted.
e. If a credit requires
presentation of multiple
documents by using terms such as "in duplicate", "in two fold" or "in two copies", this will be satisfied by the
presentation of at least one original and the remaining number in copies, except when the
document itself indicates otherwise.
Article 18 Commercial Invoice
a. A commercial invoice:
i. must appear to have been issued by the beneficiary (except as provided in
article 38);
ii. must be made out in the name of the
applicant (except as provided in subarticle 38 (g));
iii. must be made out in the same
currency as the credit; and
iv. need not be signed.
b. A nominated bank acting on its
nomination, a confirming bank, if any, or the issuing bank may accept a commercial invoice issued for an amount in excess of the amount permitted by the credit, and its decision will be
binding upon all parties, provided the bank in question has not honoured or
negotiated for an amount in excess of that permitted by the credit.
c. The description of the goods, services or performance in a commercial invoice must
correspond with that appearing in the credit.
Article 19 Transport Document Covering at Least Two Different Modes of Transport
a. A transport
document covering at least two different modes of transport
(multimodal or combined transport
document), however named, must appear to:
i. indicate the name of the
carrier and be signed by:
the
carrier or a named agent for or on
behalf of the
carrier, or
the master or a named agent for or on
behalf of the master.
Any
signature by the
carrier, master or agent must be identified as that of the
carrier, master or agent.
Any
signature by an agent must indicate whether the agent has signed for or on
behalf of the
carrier or for or on
behalf of the master.
ii. indicate that the goods have been
dispatched, taken in charge or shipped
on board at the place stated in the credit, by:
pre-printed wording, or
a stamp or notation indicating the date on which the goods have been
dispatched, taken in charge or shipped on board.
The date of issuance of the transport
document will be deemed to be the
date of
dispatch,
taking in charge or shipped on board, and the date of
shipment. However, if the transport
document indicates, by stamp or
notation, a date of
dispatch,
taking in charge or shipped on board, this
date will be deemed to be the date of
shipment.
iii. indicate the place of
dispatch,
taking in charge or
shipment and the place
of final
destination stated in the credit, even if:
a. the transport
document states, in addition, a different place of
dispatch,
taking in charge or
shipment or place of final
destination,or
b. the transport
document contains the indication "intended" or similar
qualification in relation to the vessel, port of loading or port of
discharge.
iv. be the sole original transport
document or, if issued in more than one
original, be the full set as indicated on the transport
document.
v. contain terms and conditions of carriage or make reference to another
source containing the terms and conditions of carriage (short form or blank
back transport
document). Contents of terms and conditions of carriage
will not be examined.
vi. contain no indication that it is subject to a charter party.
b. For the purpose of this article, tran
shipment means unloading from one means of
conveyance and reloading to another means of
conveyance (whether or not in different modes of transport) during the carriage from the place of
dispatch,
taking in charge or
shipment to the place of final
destination stated in the credit.
c. i. A transport
document may indicate that the goods will or may be
transhipped provided that the entire carriage is covered by one and the
same transport
document.
ii. A transport
document indicating that tran
shipment will or may take place is
acceptable, even if the credit prohibits tran
shipment.
Article 20 Bill of Lading
a. A bill of lading, however named, must appear to:
i. indicate the name of the
carrier and be signed by:
• the
carrier or a named agent for or on
behalf of the
carrier, or
• the master or a named agent for or on
behalf of the master.
Any
signature by the
carrier, master or agent must be identified as that of
the
carrier, master or agent.
Any
signature by an agent must indicate whether the agent has signed for
or on
behalf of the
carrier or for or on
behalf of the master.
ii. indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by:
pre-printed wording, or
an on board notation indicating the date on which the goods have been
shipped on board.
The date of issuance of the bill of lading will be deemed to be the date of
shipment unless the bill of lading contains an on board notation indicating