I. Uniform Customs and Practice for Documentary Credits
(1993 Revision)
A. General Provisions and Definitions
Article 1 Application of UCP
The Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500, shall
apply to all Documentary Credits (including to the extent to which they may be applicable, Standby Letter(s)
of Credit) where they are incorporated into the text of the Credit. They are binding on all parties
Article 2 Meaning of Credit
For the purposes of these Articles, the expressions "Documentary Credit"(s) and "Standby Letter(s) of Credit"
(hereinafter referred to as Credit(s), mean any arrangement, however named or described, whereby a bank (the
"Issuing Bank" acting at the request and on the instructions of a customer (the "Applicant") or on its own
behalf,
i. is to make a payment to or to the order of a third party (the "beneficiary" ), or is to accept and pay
bills of exchange (Draft(s)) drawn by the Beneficiary,
or
ii. authorizes another bank to effect such payment, or to accept and pay such bills of exchange (Draft(s)),
or
iii. authorizes another bank to negotiate, against stipulated document(s), provided that the terms and
conditions of the Credit are complied with.
For the purposes of these Articles, branches of a bank indifferent countries are considered another bank.
Article 3 Credits v. Contracts
a. Credits, by their nature, are separate transactions from the sales or other contract(s) on which they may be
based and banks are in no way concerned with or bound by such contract(s), even if any reference
whatsoever to such contract(s) is included in the Credit. Consequently, the undertaking of a bank to pay,
accept and pay Draft(s) or negotiate and/or to fulfil any other obligation under the Credit, is not subject to
claims or defenses by the Applicant resulting from his relationships with the Issuing Bank or the Beneficiary.
b. A Beneficiary can in no case avail himself of the contractual relationships existing between the banks or
between the Applicant and the Issuing Bank.
Article 4 Documents v. Goods/Services/Performances
In Credit operations all parties concerned deal with documents, and not with goods, services and/or other
performances to which the documents may relate.
Article 5 Instructions to Issue/Amend Credits
a. Instructions for the issuance of a Credit, the Credit itself, instructions for an amendment thereto, and the
amendment itself, must be complete and precise. In order to guard against confusion and misunderstanding,
banks should discourage any attempt:
i. to include excessive detail in the Credit or in any amendment thereto;
ii. to give instructions to issue, advise or confirm a Credit by
reference to a Credit previously issued (similar Credit) where such previous Credit has been subject to
accepted amendment(s), and/or unaccepted amendments(s).
b. All instructions for the issuance of a Credit and the Credit itself and, where applicable, all instructions for
an amendment thereto and the amendment itself, must state precisely the document(s) against which payment,
acceptance or negotiation is to be made.
B. Form and Notification of Credits
Article 6 Revocable v. Irrevocable Credits
a. A credit may be either
i. revocable
or
ii. irrevocable.
b. The Credit, therefore, should clearly indicate whether it is revocable or irrevocable.
c. In the absence of such indication the Credit shall be deemed to be irrevocable.
Article 7 Advising Bank's Liability
a. A Credit may be advised to a Beneficiary through another bank (the "advising Bank") without engagement
on the part of the Advising Bank, but that bank, if elects to advise the Credit, shall take reasonable care to
check the apparent authenticity of the Credit which it advises. If the bank elects not to advise the Credit, it
must so inform the Issuing Bank without delay.
b. If the Advising Bank cannot establish such apparent authenticity it must inform, without delay, the bank
from which the instructions appear to have been received that it has been unable to establish the authenticity
of the Credit and if it elects nonetheless to advise the Credit it must inform the Beneficiary that it has not
been able to establish the authenticity of the Credit.
Article 8 Revocation of a Credit
a. A revocable Credit may be amended or cancelled by the Issuing Bank at any moment and without prior
notice to the Beneficiary.
b. However, the Issuing Bank must:
i. reimburse another bank with which a revocable Credit has been made available for sight payment,
acceptance or negotiation for any payment, acceptance or negotiation made by such bank prior to receipt by
it of notice of amendment or cancellation, against documents which appear on their face to be in
compliance with the terms and conditions of the Credit;
ii. reimburse another bank with which a revocable Credit has been made available for deferred payment, if
such a bank has, prior to receipt by it of notice of amendment or cancellation, taken up documents which
appear on their face to be in compliance with the terms and conditions of the Credit.
Article 9 Liability of Issuing and Confirming Banks
a. An irrevocable Credit constitutes a definite undertaking of the Issuing Bank, provided that the stipulated
documents are presented to the Nominated Bank or to the Issuing Bank and that the terms and conditions of
the Credit are complied with:
i. if the Credit provides for sight payment ㅡ to pay at sight;
ii. if the Credit provides for deferred payment ㅡ to pay on the
maturity date(s) determinable in accordance with the stipulations of the Credit;
iii. if the Credit provides for acceptance;
a. by the Issuing Bank ㅡ to accept Draft(s) drawn by the
Beneficiary on the Issuing Bank and pay them at maturity,
or
b. by another drawee bank ㅡ to accept and pay at maturity Draft(s) drawn by the Beneficiary on the
Issuing Bank in the event the drawee bank stipulated in the Credit does not accept Draft(s) drawn on
it, or to pay Draft(s) accepted but not paid by such drawee bank at maturity;
iv. if the Credit provides for negotiation to pay without recourse to drawers and/or bona fide holders,
Draft(s) drawn by the Beneficiary and/or documents(s) presented under the Credit. A Credit should not be
issued available by Draft(s) on the Applicant. If the Credit nevertheless calls for Draft(s) on the Applicant,
bank will consider such Draft(s) as an additional document(s).
b. A confirmation of an irrevocable Credit by another bank (the "Confirming Bank") upon the authorization or
request of the Issuing Bank, constitutes a definite undertaking of the Confirming Bank, in addition to that of
the Issuing Bank, provided that the stipulated documents are presented to the Confirming Bank or to any
other Nominated Bank and that the terms and conditions of the Credit are complied with:
i. If the Credit provides for sight payment ㅡ to pay at sight;
ii. if the Credit provides for deferred payment ㅡ to pay on the maturity date(s) determinable in
accordance with the stipulations of the Credit;
iii. if the Credit provides for acceptance:
a. by the Confirming Bank ㅡ to accept Draft(s) drawn by the Beneficiary on the Confirming Bank
and Pay them at maturity,
or
b. by another drawee bank ㅡ to accept and pay at maturity Draft(s) drawn by the Beneficiary on the
Confirming Bank, in the event the drawee bank stipulated in the Credit does not accept Draft(s) drawn
on it, or to pay Draft(s) accepted but not paid by such drawee bank at maturity;
iv. if the Credit provides for negotiation ㅡ to negotiate without recourse to drawers and/or bona fide
holders, Draft(s) drawn by the Beneficiary and/or document(s) presented under the Credit. A Credit should
not be issued available by Draft(s) on the Applicant. If the Credit nevertheless calls for Draft(s) on the
Applicant, bank will consider such Draft(s) as an additional document(s).
c. i. If another bank is authorized or requested by the Issuing Bank to add its confirmation to a Credit but is
not prepared to do so, it must so inform the Issuing Bank without delay.
ii. Unless the Issuing Bank specifies otherwise in its authorization or request to add confirmation, the
Advising Bank may advise the Credit to the Beneficiary without adding its confirmation.
d. i. Except as otherwise provided by Article 48, an irrevocable Credit can neither be amended nor cancelled
without the agreement of the Issuing Bank, the Confirming Bank, if any, and the Beneficiary.
ii. The issuing Bank shall be irrevocably bound by an amendment(s) issued by it from the time of the
issuance of such amendments(s). A Confirming Bank may extend its confirmation to an amendment and
shall be irrevocably bound as of the time of its advise of the amendment. A confirming Bank may,
however, choose to advise an amendment to the Beneficiary without extending its confirmation and if so,
must inform the Issuing Bank and the Beneficiary without delay.
iii. The terms of the original Credit (or a credit incorporating previously accepted amendment(s)) will
remain in force for the Beneficiary until the Beneficiary communicates his acceptance of the amendments to
the bank that advised such amendment to the bank that advised such amendment. The beneficiary should
give notification of acceptance or rejection of amendment(s). If the Beneficiary fails to give such
notification, the tender of documents to the Nominated Bank, that conforms to the Credit and to not yet
accepted amendment(s) will be deemed to be notification of acceptance by the Beneficiary of such
amendment(s) and as of tat moment the Credit will be amended.
iv. Partial acceptance of amendments contained in one and the same advice of amendment is not allowed
and consequently will not be given any effect.
Article 10 Types of Credits
a. All Credits must clearly indicate whether they are available by sight payments, by deferred payment, by
acceptance or by negotiation.
b. i. Unless the Credit stipulates that it is available only with the Issuing Bank, all Credits must nominate the
bank (The "Nominated Bank") which is authorized to pay, to incur a deferred payment undertaking, to
accept Draft(s) or to negotiate. In a freely negotiable Credit, any bank is a Nominated Bank. Presentation
of documents must be made to the Issuing Bank or the Confirming Bank, if any, or any other Nominated
Bank.
ii. Negotiation means the giving o f value for Draft(s) and/or document(s) by the bank authorized to
negotiate. Mere examination of the documents without giving of value does not constitute a negotiation.
c. Unless the Nominated Bank is the Confirming Bank, nomination by the Issuing Bank does not constitute
any undertaking by the Nominated Bank to pay, to incur a deferred payment undertaking, to accept Draft(s)
or to negotiate. Except where expressly agreed to by the Nominated Bank and so communicated to the
Beneficiary, the Nominated Bank's receipt of an/or examination and /or forwarding of the documents does not
make that bank liable to pay, to incur a deferred payment undertaking, to accept Draft(s) or to negotiate.
d. By nominating another bank, or by allowing for negotiation by any bank, or by authorizing or requesting
another bank to add its confirmation, the Issuing Bank authorizes such bank to pay, accept Draft(s) or
negotiate as the case may be against documents which appear on their face to be in compliance with the
terms and conditions of the Credit and undertakes to reimburse such bank in accordance with the provisions
of these Articles.
Article 11 Teletransmitted and Pre-Advised Credits
a. i. When an Issuing Bank instructs an Advising Bank by an authenticated teletransmission to advise a
Credit or an amendment to a Credit, the teletransmission will be deemed to be the operative amendment
and no mail confirmation should be sent. Should a mail confirmation nevertheless be sent, it will have no
effect and the Advising Bank will have no obligation to check such mail confirmation against the operative
Credit instrument or the operative amendment received by the teletransmission.
ii. If the teletransmission states "full details to follow" (or words of similar effect) or states that the mail
confirmation is to be the operative Credit instrument, then the teletransmission will not be deemed to be
the operative Credit instrument or the operative amendment. The Issuing Bank must forward the operative
Credit instrument or the operative amendment to such Advising Bank without delay.
b. If a bank uses the services of an Advising Bank to have the Credit advised to the Beneficiary, it must
also use the services of the same bank for advising an amendment(s).
c. A preliminary advise of the issuance or amendment of an irrevocable Credit (pre-advice) shall only be
given by an Issuing Bank if such bank is prepared to issue the operative credit instrument or the operative
amendment thereto. Unless otherwise stated in such preliminary advice by the Issuing Bank, an Issuing Bank
having given such pre-advise shall be irrevocably committed to issue to amend the Credit, in terms not
inconsistent with the pre-advice, without delay.
Article 12 Incomplete or Unclear Instructions
If incomplete or unclear instructions are received to advise, confirm or amend a credit, the bank requested to
act on such instructions may give preliminary notification to the Beneficiary for information only and without
responsibility. This preliminary notification should state clearly that the notification is provided for information
only and without the responsibility of the Advising Bank. In any event, the Advising Bank must inform the
Issuing Bank of the action taken and request it to provide the necessary information. The Issuing Bank must
provide the necessary information without delay. The Credit will be advised, confirmed or amended, only with
complete and clear instructions have been received and if the Advising Bank is then prepared to act on the
instructions.
C. Liabilities and Responsibilities
Article 13 Standard for Examination of Documents
a. Banks must examine all documents stipulated in the Credit with reasonable care to ascertain whether or not
they appear on their face to be in compliance with the terms and conditions of the Credit. Compliance of the
stipulated documents on their face with the terms and conditions of the Credit shall be determined by
international standard banking practice as reflected in these Articles. Documents which appear on their face to
be inconsistent with one another will be consider as not appearing on their face to be in complain with the
terms and conditions of the Credit.
b. The Issuing Bank, the Confirming Bank, if any, or a Nominated Bank acting on their behalf, shall
Each have a reasonable time, not to exceed seven banking days following the day of the receipt of the
documents, to examine the documents and determine whether to take up or refuse the documents and to
inform the party from which it received the documents accordingly.
c. If a Credit contains conditions without stating the document(s) to be presented in compliance therewith,
banks will deem such conditions as not stated and will disregard them.
Article 14 Discrepant Documents and Notices
a. When the Issuing Bank authorizes another bank to pay, incur a deferred payment undertaking, accept
Draft(s) or negotiate against documents which appears on their face to be in compliance with the terms and
conditions of the Credit, the Issuing Bank and the Confirming Bank, if any are bound.
i. To reimburse the Nominated Bank which has paid, incurred or deferred payment undertaking, accepted
Draft(s) or negotiated.
ii. to take up the documents.
b. Upon receipt of the documents the Issuing Bank and/or Confirming Bank acting on their behalf. Must
determine on the basis of the documents alone whether or not they appear of their face to be in compliance
with the terms and conditions of the Credit. If the documents appear on their face not to be in
compliance with the terms and conditions of the Credit, such banks may refuse to take up the documents.
c. If the Issuing Bank determines that the documents appear on their face not to be in compliance with the
terms and conditions of the Credit, it may in its sole judgement approach the Applicant for a waiver of the
discrepancy(ies). This does not however extend the period mentioned in sub-Article 13.(b). This does not,
however, extend the period mentioned in sub-Article 13 (b).
d. i. If the Issuing Bank and /or Confirming Bank, if any, or a Nominated Bank acting on their behalf,
decides to refuse the documents, it must give notice to that effect by telecommunication or, it must give
notice to that effect by telecommunications or, if that is not possible, by other expeditious means, without
delay but no later than the close of the seventh banking day following the day of receipt of the
documents. Such notice shall be given to the bank from which it received the documents, or to the
Beneficiary, if it received the documents directly from him.
ii. Such notice must state all discrepancies in respect of which the bank refuses the documents and must
also state whether is holding the documents at the disposal of, or is returning them to, the presenter.
iii. The Issuing Bank and /or Confirming Bank, if any, shall then be entitled to claim from the remitting
bank refund, with interest, of any reimbursement which has been made to that bank.
e. If the Issuing Bank and/or Confirming Bank, if any, fails to act in accordance with the provisions of this
Article and/or fails to hold the documents at the disposal of, or Confirming Bank, if any, shall be precluded
from claiming that the documents are not in compliance with the terms and conditions of the Credit.
f. If the remitting bank draws the attention of the Issuing Bank and /or Confirming Bank, if any, to any
discrepancy(ies) in the document(s) or advises such banks that it has paid, incurred a deferred payment
undertaking, accepted Draft(s) or negotiated under reserve or against an indemnity in respect of such
discrepancy(ies), the Issuing Bank and/or Confirming Bank, if any, shall not be thereby relieved from any of
their obligations under any provision of this article. Such reserve or indemnity concerns only the relations
between the remitting bank and the party towards whom the reserve was made, or from whom, or on whose
behalf, the indemnity was obtained.
Article 15 Disclaimer on Effectiveness of Documents
Banks assume no liability or responsibility for the form, sufficiency, accuracy, genuineness, falsification or
legal effect of any document(s), or for the general and /or superimposed thereon, nor do they assume any
liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or
existence of the goods represented by any document(s), or for the good faith or acts and/or omissions,
solvency, performance or standing of the consignors, the carriers, the forwarders, the consignees or the
insurers of the goods, or any other person whomever.
Article 16 Disclaimer on the Transmission of Messages
Banks assume no liability responsibility for the consequences arising out the delay, mutilation, or other
error(s) arising in the transmission of any telecommunication. Banks assume no liability or responsibility for
errors in translation and /or interpretation of technical terms and reserve the right to transmit Credit terms
without translating them.
Article 17 Force Majeure
Banks assume no liability or responsibility for the consequences arising our of the interruption of their
business by Acts of God, riots, civil commotions, insurrections, wars or any other causes beyond their control,
or by any strikes or lockouts. Unless specifically authorized, banks will not, upon resumption of their business
pay, incur a deferred payment undertaking, accept Draft(s) or negotiate under Credits which expired during
such interruption of their business.
Article 18 Disclaimer for Acts of an Instructed Party
a. Banks utilizing the services of another bank or other banks for the purpose of giving effect to the
instructions of the Applicant do so for the account and at the risk of such Applicant.
b. Banks assume not liability or responsibility should the instructions they transmit not be carried out, even if
they have themselves taken the initiative in the choice of such other bank(s).
c .i. A party instructing another party to perform services is liable for any charges, including commissions,
fees costs or expenses incurred by the instructed party in connection with
its instructions.
ii. Where a credit stipulates that such charges are for the account of a party other than the instructing
party, and charges cannot be collected, the instructing party remains ultimately liable for the payment
thereof.
d. The Applicant shall be bound by and liable to indemnify the banks again all obligations and
responsibilities imposed by foreign laws and usages.
Article 19 Bank to Bank Reimbursement Instructions
a. If an Issuing Bank intends that the reimbursement to which a paying, accepting, or negotiating bank is
entitled, shall be obtained by such bank (the "Claiming Bank") claiming on another party (the "Reimbursing
Bank"), it shall provide such Reimbursing Bank in good time with the proper instructions or authorization to
honor such reimbursement claims.
b. Issuing Banks shall not require a Claiming Bank to supply a certificate of compliance with the terms and
conditions of the Credit to the Reimbursing Bank.
c. The Issuing Bank shall not be relived from any of its obligations to provide reimbursement if and when
reimbursement is not received by the Claiming Bank from the Reimbursing Bank.
d. The Issuing Bank shall be responsible to the Claiming Bank for any loss of interest if reimbursement is
not provided by the Reimbursing Bank on first demand, or as otherwise specified in the Credit, or mutually
agreed, as the case may be.
e. The Reimbursing Bank's charges should be for the account of the Issuing Bank. However, in cases where
the charges are for the account of another party, it is the responsibility of the Issuing Bank to do indicate in
the original credit and the reimbursement authorization. In cases where the Reimbursing Bank's charges are for
the account of another party they shall be collected from the Claiming Bank when the Credit is drawn under.
In cases where the Credit is not drawn under, the Reimbursing Bank's charges remain the obligation of the
Issuing Bank.
D. Documents
Article 20 Ambiguity as to the Issuers of Documents
a. Terms such as "First class". "well known", "qualified", "independent", "official", "competent", "local", and
the like, shall not be used to describe the issuers of any document(s) to be presented under a Credit. If such
terms are incorporated in the Credit, banks will accept the relative document(s) as presented, provided that it
appears on its face to be in compliance with the other terms and conditions of the Credit and not to have
been issued by the Beneficiary.
b. Unless otherwise stipulated in the Credit, banks will also accept as an original document(s), a document(s)
produced or appearing to have been produced.
i. by reprographic, automated or computerized systems:
ii. as carbon copies;
provided that it is marked as original and where necessary,
appears to be signed. A document may be signed by handwriting, by facsimile signature, by perforated
signature, by stamp, by symbol, or by any other mechanical or electronic method of authentication.
c. i. Unless otherwise stipulated in the Credit, banks will accept as copy(ies), a document(s), either labelled
copy or not marked as an original ㅡ copy(ies) need not be signed.
ii. Credits that require multiple document(s) such as "duplicate", "two fold". "two copies" and the like,
will be satisfied by the presentation of one original and the remaining number in copies except where the
document itself indicates otherwise.
d. Unless otherwise stipulated in the Credit, a condition under a Credit calling for a document to be
authenticated, validated, legalized, certified or indicating a similar requirement will be satisfied by any
signature, mark, stamp, or label on such document that on its face appears to satisfy the above condition.
Article 21 Unspecified Issuers or Contents of Documents
When documents other than transport documents, insurance documents and commercial invoices are called for,
the Credit should stipulate by whom such documents are to be issued and their wording or date content. If
the Credit does not so stipulate, banks will accept such documents as presented, provided that their date
content is not inconsistent with any other stipulated document presented.
Article 22 Issuance Date of Documents Vs. Credit Date
Unless otherwise stipulated in the Credit, banks will accept a document bearing a date of issuance prior to
that of the credit, subject to such document being presented within the time limits set our in the credit and
in these Articles.
Article 23 Marine/Ocean Bill of Lading
a. If a credit calls for a bill of lading covering a port-to-port shipment, banks will, unless otherwise stipulated
in the Credit, accept a document, however named which:
i. appears on its face to indicate the name of the carrier and to have been signed or otherwise
authenticated 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 or authentication of the carrier or the master, as the case may be. An agent signing or
authenticating for the carrier or master must also indicate the name and the capacity of the party, i.e.
carrier master, on whose behalf that agent is acting.
ii. indicates that the goods have been loaded on board, or shipped on a named vessel. Loading on board or
shipment on a named vessel may be indicated by pre-printed wording on the bill of lading that the
goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of
issuance of the bill of lading will be deemed to be the date of loading on board and the date of shipment.
In all other cases loading on board a named vessel must be evidenced by a notion on the bill of lading
which gives the date on which the goods have been loaded on board, in which case the date of the board
notation will be deemed to be the date of shipment. If the bill of lading contains the indication "intended
vessel", or similar qualification in relation to the vessel, loading on board a named vessel must be
evidenced by an on board notation on the bill of lading which, in addition to the date on which the goods
have been loaded on board, also includes the name of the vessel on which the goods have been loaded,
even if they have been loaded even if they have been loaded on vessel named as the "intended vessel".
If the bill of lading indicates a place of receipt or taking in charge different from the port of loading, the
on board notation must also included the port of lading stipulated I the Credit and the name of the vessel
on which the goods have been loaded, even if they have been loaded on the vessel named in the bill of
lading. This provision also applies whenever loading on board the vessel is indicated by preprinting
wording on the bill of lading, and
iii. indicates the port of loading and the port of discharge stipulated in the Credit, notwithstanding that it:
a. Indicates a place of taking in charge different from the port of loading and /or a place of final
destination different from the port of discharge. and /or
b. contains the indication "intended" or similar qualification in relation to the port of loading and /or
ports of discharge, as long as the document also states the ports of loading and /or discharge stipulated
in the Credit, and
iv. consists of a sole original bill of lading, or if issued in more that one original. A full set as so issued
and
v. appears to contain all of the terms and conditions of carriage or some of such terms and conditions by
reference to a source or document other that the bill of lading (short form/blank back bill of lading); banks
will not examine the contents of such terms and conditions, and
vi. contains no indication that it is subject to a charter party and /or no indication that the carrying
vessel is propelled by sail only, and
vii. In all other respects meets the stipulations of the Credit
b. For the purpose of this Article, transhipment means unloading and reloading from one vessel to another
vessel during the course of ocean carriage from the port of loading to the port of discharge stipulated in the
Credit.
c. Unless transshipment is prohibited by the terms of the Credit, banks will accept a bill of lading which
indicates that the goods will be transshipped, provided that the entire ocean carriage is covered by one and
the same bill of lading.
d. Even if the Credit prohibits transshipment, banks will accept a bill of lading which:
i. indicated that the transshipment will take place as long as the relevant cargo is shipped in Container(s),
trailer(s) and/or "LASH" barge(s) as evidenced by the bill of lading, provided that the entire ocean carriage
is covered by one and the same bill of lading, and/or
ii. incorporates clauses stating that the carrier reserves the right to transship.
Article 24 Non-Negotiable Sea Waybill
a. If a Credit calls for a non-negotiable sea waybill coveting a port-to-port shipment, banks will, unless
Otherwise stipulated in the Credit, accept a document, however named, which:
i. Appears on its face to indicated the name of the carrier and to have been signed or otherwise
authenticated 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 or authentication of the
carrier or master must be identified as a carrier or master, s the case many be. An agent signing or
authenticating for the carrier or master must also indicate the name and capacity of the party i.e. carrier or
master, on whose behalf that agent is acting, and
ii. indicates that the goods have been loaded on board, or shipped on a named vessel. Loading on board or
shipment on a named vessel may be indicated by pre-printing wording on the non-negotiable sea
waybill that the good have been loaded on board a named vessel or shipped on a named vessel, in which
case the date of issuance of the non-negotiable sea waybill will be deemed to be the date of loading on
board and the date of shipment. In all other cases loading on board a named vessel must be evidenced by
a notation on the non-negotiable sea waybill which gives the date on which the goods have been loaded on
board, in which case the date of the on board notation will be deemed to be the date of shipment. If the
non-negotiable sea waybill contained the indication""intended vessel", or similar qualification in relation to
the vessel, loading on board notation on the non-negotiable sea waybill which, in addition to the date on
which the goods have been loaded on board, includes the name of the vessel on which the goods have
been loaded, even if they have been loaded on the vessel named as the "intended vessel". If the
non-negotiable sea waybill indicates a place of receipt or taking in charge different from the port of
loading, the on board notation must also include the port of loading, stipulated in the Credit and the a
name of the vessel on which the goods have been loaded, even if they have been loaded on a vessel
named in the non negotiable sea waybill. This provision also applies whenever loading on board the vessel
indicated by preprinting wording on the non-negotiable sea waybill, and
iii. indicates the port of loading and the port of discharge stipulated in the Credit, not withstanding that it:
a. indicates a place of taking in charge different from the port of loading, and /or a place of final
destination different from the port of discharge, and /or
b. contains the indication "intended" or similar qualification in relation to the port of loading and/or
port of discharge, as long as the document also states the ports of loading and/or discharge stipulated in
the Credit, and
iv. consists of a sale original non-negotiable sea waybill, or if issued in more that one original, the full set
as so issued, and
v. appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by
reference to a source or document other than he non-negotiable sea waybill (short form/blank back
non-negotiable sea waybill) banks will not examine the contents of such terms and conditions, and
vi. contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is
propelled by sail only, and
vii. in all other respects meets the stipulation of the Credit.
b. For the purpose of this article, transshipment means unloading and reloading from one vessel to another
vessel during the course of the ocean carriage from the port of loading to the port of discharge stipulated in
the Credit.
c. Unless transshipment is prohibited by the terms of the Credit, banks will accept a non negotiable sea
waybill which indicate that the good will be transshipped provided that the entire ocean carriage is covered
by one and the same nonnegotiable sea waybill
d. Even if the Credit prohibits transshipment, banks will accept a non-negotiable sea waybill which:
i. indicates that transshipment will take place as long as the relevant cargo is shipped in Container(s),
Trailer(s) and or "LASH" barge(s) as evidenced by the non-negotiable sea waybill, provided that the entire
ocean carriage covered by one and the same non-negotiable sea waybill,
and/or
ii. incorporates clauses stating that the carrier reserves the right to tranship.
Article 25 Charter Party Bill of Lading
a. If a Credit calls for or permits a charter party ill of lading, banks will, unless stipulated in the Credit,
accept a document, however named, which:
i. contains any indication that it is subject to a charter part, and
ii. appears on its face to have been signed or otherwise authenticated by:
-the master or a named agent for or on behalf of the master, or
-the owner or a named agent for on behalf of the owner. Any signature or authentication of the master or
owner must be identified as master or owner as the case may be. An agent signing or authenticating for
the master or owner must also indicate the name and the capacity of the party i.e. master or
owner, on whose behalf that agent is acting. and
iii. does not does not indicate the name of the carriers
and
iv. indicates that the goods have been loaded on board or shipped on a named vessel. Loading on board or
shipment on a named vessel may be indicated by pre-printing wording on the bill of lading that the goods
have been loaded on board a named vessel or shipped on a named vessel, in which case the date of
issuance of the bill of lading will be deemed to be the date of loading on board and date of this
shipment. In all other cases, loading on board a named vessel must be evidence by a notation on the bill
of lading which give the date of which the goods have been loaded on board, or in which case the date
of which the goods have been loaded on board. On which case the date of the on board notation will be
deemed to be the date of shipment,
and
v. indicate the port of loading and the port of discharge stipulated in the Credit,
and
vi. consists of a sale original bill of lading or if issued in more than one original, the full set as so
issued,
and
vii. contains no indication the carrying vessel is propelled by sail only,
and
b. Even if the Credit requires the presentation of a charter party contract in connection with charter party bill
of lading banks will not examine such charter party contract, but will pass it on without responsibility on
their part.
Article 26 Multimodal Transport Document
a. If a Credit calls for a transport document covering at least two different modes of transport (multimodal
transport) banks will unless otherwise stipulated in the Credit, accept a document however named which:
i. appears on its face to indicate the name of the carrier or multimodal transport operator and to have been
signed or otherwise authenticated by:
- the carrier or multimodal transport operator or a named agent for or on behalf of the carrier or
multimodal transport operator, or
- the master or a named agent for or on behalf of the master. Any signature or authentication of the
carrier, multimodal transport operator or master must be identified as carrier, multimodal transport operator
or master, as the case may be. An agent signing or authenticating for the carrier, multimodal transport
operator or master must also indicate the name and the capacity of the party, i.e. carrier, multimodal
transport operator or master, on whose behalf that the agent is acting.
and
ii. indicates that the goods have been dispatched, taken in charge or loaded on board. Dispatch, taking in
charge or loading on board may be indicated by wording to that effect on the multimodal transport
document and the date of issuance will be deemed to be the date of dispatch, taking in charge or loading
on board and the date of shipment. However, if the document indicates by stamp or otherwise a date of
dispatch taking in charge or loading on board such date will be deemed to be the date of shipment,
and
iii.a. indicates the place of taking in charge stipulated in the Credit which may be different from the port,
airport or place of loading and the place of final destination stipulated in the Credit which may be
different from the port, airport or place of discharge, and/or
b. contains the indication "intended" or similar qualification in relation to the vessel and /or port of
loading and/or port of discharge.
and
iv. consists of a sole original multimodal transport document or, if issued in more than one original, the
full set as so issued.
and
v. appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by
reference to a source or document other than the multimodal transport document (short form/blank back
multimodal transport document); banks will not examine such contents of such terms and conditions
and
vi. contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is
propelled by sail only,
and
vii. in all other respects meets the stipulations of the Credit.
b. Even if the Credit prohibits transshipment, banks will accept a multimodal transport document which
indicates that transshipment will or may take place, provided that the entire carriage is covered by one and
the same multimodal transport document.
Article 27 Air Transport Document
a. If a Credit calls for an air transport document, banks will, unless otherwise stipulated I the Credit, accept
a document however named which,
i. appears on its face to indicate the name of the carrier and to have been signed or otherwise
authenticated by:
- the carrier, or
- a named agent of or on behalf of the carrier.
Any signature or authentication of the carrier must be identified as carrier. An agent signing or
authenticating for the carrier must also indicate the name and the capacity of the party, i.e. carrier on
whose behalf that agent is acting,
and
ii. indicates that the goods have been accepted for carriage,
and
iii. where the Credit calls for an actual date of dispatch, indicates a specific notation of such date, the date
of dispatch so indicated on the air transport document will be deemed to be the date of shipment. For the
purpose of this Article, the information appearing in the box on the air transport document (marked, "For
Carrier Use Only" or similar expression) relative to the flight number and date will not be considered as a
specific notation of such date of dispatch. In all other cases, the date of issuance of the air transport
document will be deemed to be the date of shipment,
and
iv. indicates the airport of departure and the airport of destination stipulated in the Credit.
and
v. appears to the original for consignor/shipper even if the credit stipulates a full set of originals or similar
expressions,
and
vi. appears to contain all of the terms and conditions of carriage, or some of such terms and conditions,
but reference to a source or document other that the air transport document: banks will not examine the
contents of such terms and conditions,
and
vii. in all other respects meets the stipulations of the Credit.
b. For the purpose of this article, transshipment means unloading and reloading from one aircraft during the
course of carriage from the airport of departure to the airport of destination stipulated in the Credit.
c. Even if the Credit prohibits transshipment, banks will accept an air transport document which indicates that
transshipment will or may take place provided that the entire carriage is covered by one and the same air
transport document.
Article 28 Road, Rail or Inland Waterway Transport Documents
a. If a Credit calls for a road, rail or inland waterway transport document, banks will, unless otherwise
stipulated in the Credit accept a document of the type called for, however names which:
i. appears on its face to indicate the name of the carrier and to have been signed or otherwise
authenticated by the carrier or a named agent for or on behalf of the carrier and/or to bear a reception
stamp or other indication of receipt by the carrier or a named agent for or on behalf of the carrier. Any
signature, authentication reception stamp or other indication of receipt of the carrier. An agent signing or
authenticating for the carrier. An agent signing or authenticating for the carrier must also indicate the name
and capacity of the party, i.e., carrier, on whose behalf that agent is acting.
and
ii. indicates that the goods have been received for shipment, dispatch or carriage or wording to this effect.
The date of issuance will be deemed to be the date of the shipment unless the transport document contains
a reception stamp, in which case the date of the reception stamp will be deemed to be the date of the
shipment
and
iii. indicates the place of shipment and the place of destination stipulated in the Credit,
and
iv. in all other respects meets the stipulation of the Credit,
b. In the absence of any indication on the transport document as to the numbers issued, banks will accept the
transport document(s) presented as constituting a full set. Banks will accept as original(s) the transport
document(s) whether marked as original(s) or not.
c. For the purpose of this Article, transshipment means unloading and reloading from one means of
conveyance to another means of conveyance, in different modes of transport, during the course of carriage
from the place of shipment to the place of destination stipulated in the Credit.
d. Even if the Credit prohibits transshipment, banks will accept a road, rail or inland waterway transport
document which indicates that transshipment will or may take place, provided that the entire carriage is
covered by one and the same transport document and within the same mode of transport.
Article 29 Courier and Post Receipts
a. If a Credit calls for a post receipt or certificate of posting, banks will, unless otherwise stipulated in the
Credit, accept a post receipt or certificate of posting which:
i. appears on its face to have been stamped or otherwise authenticated and dated in the place from which
the Credit stipulates the goods are to be shipped or dispatched and such date will be deemed to be the
date of shipment or dispatch,
and
ii. in all other respects meets the stipulations of the Credit.
b. If a Credit calls for a document issued by a courier or expedited delivery service evidencing receipt of the
goods for delivery, banks will, unless otherwise stipulated in the Credit, accept a document, however named,
which:
i. appears on its face to indicate the name of the courier/service, and to have been stamped, signed or
otherwise authenticated by such named courier/service (unless the Credit specifically calls for a document
issued by a named Courier/Service, banks will accept a document issued by any Courier/Service).
and
ii. indicates a date of pickup or of receipt or wording to this effect, such date being deemed to be the ate
of shipment or dispatch,
and
iii. in all other respects meets the stipulations of the Credit.
Article 30 Transport Documents issued by Freight Forwarders
Unless otherwise authorized in the Credit, banks will only accept a transport document issued by a freight
forwarder if it appears on its face to indicate:
i. the name of the freight forwarder as a carrier or multimodal transport operator and to have been signed
or otherwise authenticated by the freight forwarder as carrier or multimodal transport operator.
or
ii. the name of the carrier or multimodal transport operator and to have been signed or otherwise
authenticated by the freight forwarder as carrier or multimodal transport operator.
Article 31 "On Deck", "Shipper's Load and Count", Name of Consignor
Unless otherwise stipulated in the Credit, banks will accept a transport document which:
i. does not indicate, in the case of carriage by sea or by more than one means of conveyance including
carriage by sea, that the goods are or will be loaded on dock. Nevertheless, banks will accept a transport
document which contains a provision that the good may be carried on deck, provided that it does not
specifically state that they are or will be loaded on deck,
and/or
ii. bears a clause on the face thereof such as "Shipper's load
and count" or said by shipper to contain or words of similar effect,
and/or
iii. indicates as the consignor of the goods a party other than the Beneficiary of the Credit.
Article 32 Clean Transport Documents
a. A clean transport document is one which bears no clause or notation which expressly declares a defective
condition of the goods and/or the packaging.
b. Banks will not accept transport documents bearing such clauses or notation unless the Credit expressly
stipulates the clauses or notation which may be accepted.
c. Banks will regard a requirement in a Credit for a transport document to bear the clause "clean on board"
as compiled with if such transport document meets the requirements of this Article and of Articles
23,24,25,26,27,28, or 30.
Article 33 Freight Payable/Prepaid Transport Documents
a. Unless otherwise stipulated in the Credit, or inconsistent with any of the documents presented under the
Credit, banks will accept transport documents stating that the freight or transportation charges. (hereafter
referred to as "freight") still have to be paid.
b. If a Credit stipulates that the transport document has to indicate that freight has been paid or prepaid,
banks will accept a transport document on which words clearly indicating payment or prepayment of freight
appear by stamp or otherwise, or on which payment or prepayment of freight is indicated by other means. If
the Credit requires courier charges to be paid or prepaid banks will also accept a transport document issued
by a courier or expedited delivery service evidencing that the courier charges are for the account of a party
other than the consignee.
c. The words, "freight payable" or "freight to be prepaid" or words of similar effect, if appearing on
transport documents, will not be accepted as constitutional evidence of the payment of the freight.
d. Banks will accept transport documents bearing reference by stamp or otherwise to costs additional to the
freight, such as costs of, or disbursements incurred in connection with, loading, unloading or similar
operations, unless the conditions of the Credit specifically prohibits such reference.
Article 34 Insurance Documents
a. Insurance documents must appear on their face to be issued and signed by insurance companies or
underwriters or underwriters or their agents.
b. If the insurance document indicates that it has been issued in more that one original, all the originals must
be presented unless otherwise authorized in the Credit.
c. Cover notes issued by brokers will not be accepted, unless specifically authorized in the Credit.
d. Unless otherwise stipulated in the Credit, banks will accept an insurance certificate or a declaration under
an open cover pre-signed by insurance companies or underwriters or their agents, if a credit specifically calls
for an insurance certificate or a declaration under an open cover, banks will accept, in lieu thereof, an
insurance policy.
e. Unless otherwise stipulated in the credit, or unless it appears from the insurance documents that is cover is
effective at the latest from the date of loading on board or dispatch or taking in charge of the goods, banks
will not accept an insurance document which bears a date of issuance later then the date of loading on board
or dispatch or taking in charge as indicated in such transport documents.
f. i. Unless otherwise stipulated I the Credit, the insurance document must be expressed in the same currency
as the Credit.
ii. Unless otherwise stipulated in the Credit, the minimum amount for which the insurance document must
indicate the insurance cover to have been effected is the CIF (cost, insurance and freight ("named port of
destination" or CIP (carriage and insurance paid to ("named place of destination")), value of the goods, as
the case may be, plus 10%, but only when the CIF or CIP value can be determined from the document on
their face. Otherwise, banks will accept as such minimum amount 110% of the amount for which payment,
acceptance or negotiation is requested under the Credit, or 110% of the gross amount of the invoice,
whichever is the greater.
Article 35 Type of Insurance Cover
a. Credits should stipulate the type of insurance required and , if any, the additional risks which are to be
covered. Imprecise terms such as "unusual risks or "customary risks" shall not be used, if they are used
banks will accept insurance documents as presented, without responsibility for any risks not being covered.
b. Failing specific stipulations in the Credit, banks will accept insurance documents as presented, without
responsibility for any risks not being covered.
c. Unless otherwise stipulated in the Credit, banks will accept an insurance document which indicate that the
cover is subject to a franchise or an excess (deductible)
Article 36 All Risks Insurance Covers
Where a Credit stipulates "insurance against all risks" banks will accept an insurance document which contains
any "all risks" notation or clause, whether or not bearing the heading "all risks", even if the insurance
document indicates that certain risks are excluded, without responsibility for any risk(s) not being covered.
Article 37 Commercial Invoices
a. Unless otherwise stipulated in the Credit, commercial invoice:
i. must appear on their face to be issued by the Beneficiary named in the Credit, (except as provided in
Article 48),
and
ii. must be made out in the name of the Applicant (except as provided in sub-article 48 (h)),
and
iii. need to be signed.
b. Unless otherwise stipulated in the Credit, banks may refuse commercial invoices issued for amounts in
excess of the amount permitted by the Credit. Nevertheless, if a bank authorized to pay, incur a deferred
payment, accept Draft(s), or negotiate under a Credit accepts such invoices, its decision will be binding upon
all parties, provided that such bank has not paid, incurred a deferred payment undertaking accepted Draft(s) or
negotiated for an amount in excess of that permitted by the Credit.
c. The description of the goods in the commercial invoice must correspond with the description in the Credit.
In all other documents the goods may be described in general terms not inconsistent with the description of
the goods in the Credit.
Article 38 Other Documents
If a Credit calls for an attestation or certification of weight in the case of transport other than by sea, banks
will accept a weight stamp or declaration of weight which appears to have been superimposed on the
transport document by the carrier or his agent unless the Credit specifically stipulated that the attention or
certification of weight must be by means of a separate document.
E. Miscellaneous Provisions
Article 39 Allowances in Credit Amount, Quantity and Unit Price.
a. The words "about", "approximately", "circa" or similar expressions used in connection with the amount of
the credit or the quantity of thee unit price stated in the Credit are to be construed as allowing a difference
not to exceed 10% more or 10% less than the amount or the quantity or the unit price to which they refer.
b. Unless a Credit stipulates that the quantity of the goods specified must not be exceeded or reduced, a
tolerance of 5% more or 5% less will be permissible, always provided that the amount of the drawing does
not exceed the amount of the Credit. This tolerance does not apply when a Credit stipulates the quantity in
terms of a stated number of packing units or individual items.
c. Unless a Credit which prohibits partial shipments stipulates otherwise, or unless sub-Article (b) above is
applicable, a tolerance of 5% less in the amount of the drawing will be permissible, provided that if the
Credit stipulates the quantity of the goods, such quality of goods is shipped in full, and if the Credit
stipulates a unit price, such price is not reduced. This provision does not apply when expressions referred to
in sub-article (a) above are used in the Credit.
Article 40 Partial Shipments/Draws
a. Partial drawing and/or shipments are allowed, unless the Credit stipulates otherwise.
b. Transport documents which appear on their face to indicate that shipment has been made on the same
means of conveyance and for the same journey, provided they indicate the same destination, will not be
regarded as covering partial shipments, even if the transport documents indicate different dates of shipment
and /or different ports of loading, places of taking in charge, or dispatch.
c. Shipments made by posts or by courier will not be regarded as partial shipments if the post receipts or
certificates of posting or couriers receipts or dispatch notes appear to have been stamped, signed or otherwise
authenticated in the place from which the Credit stipulates the goods are to be dispatched and on the same
date.
Article 41 Installment Shipments/Drawings
If drawings and/or shipments by installments within given periods are stipulated in the Credit and any
installment is not drawn and/or shipped within the period allowed for that installment, the Credit ceases to be
available for that and any subsequent installments, unless otherwise stipulated in the Credit.
Article42 Expiry Date and Place for Presentation of Documents
a. All Credits must stipulate an expiry and a place for presentation of documents for payment, acceptance or
with the exception of freely negotiable Credits, a place for presentation for documents for negotiation. An
expiry date stipulated for payment, acceptance or negotiation will be construed to express an expiry date for
presentation of documents.
b. Except as provided in sub-article 44 (A) documents must be presented on or before such expiry date:
c. If an Issuing Bank states that the Credit is to be available""for one month", "for six months", or the like,
but does not specify that date from which the time is to run. Banks should discourage indication of the
expiry date of the Credit in this manner.
Article 43 Limitation on the Expiry Date
a. In addition to stipulating an expiry date for presentation of documents every Credit which calls for a
transport document(s) should also stipulate a specified period of time after the date of shipment during which
presentation must be made in compliance with the terms and conditions of the Credit. If no such period of
time is stipulated, banks will not accept documents presented to them later then 21 days after the date of
shipment. In any event, documents must be presented not later then the expiry date of the Credit.
b. In cases in which sub-Article 40 (B) applies, the date of the shipment will be considered to be the latest
shipment date on any of the transport documents presented.
Article 44 Extension of Expiry Date
a. If the expiry date of the Credit and/or the last day of the period of time for presentation of documents
stipulated by the Credit or applicable by virtue of Article 43 falls on a day on which the bank to which
presentation has to be made is closed for reasons other than those referred to in Article 17, the
stipulated expiry date and/or the last day of the period of time after the date of shipment for presentation of
documents, as the case may be, shall be extended to the first following day on which such bank is open.
b. The latest date for shipment shall not be extended by reason of the extension of the expiry date and/or
the period of time after the date of shipment for presentation of documents in accordance with sub-Article
(A) above. If no such latest date for shipment is stipulated in the Credit or amendments thereto, banks will
not accept transport documents indicating a date of shipment later than the expiry date stipulated in the Credit
or amendments thereto.
c. The bank to which presentation is made on such first following business day must provide a statement that
the documents were presented within the time limits extended in accordance with sub-article 44 (A) of the
Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500.
Article45 Hours of Presentation
Banks are under no obligation to accept presentation of documents outside their banking hours.
Article 46 General Expressions as to Dates for Shipment
a. Unless otherwise stipulated in the Credit, the expression "shipment" used in stipulating an earliest and/or
date for shipment will be understood to include expressions such as "loading on board", "dispatch", "accepted
for carriage", "date of post receipt", "date of pickup", and the like and the case of a Credit calling for a
multimodal transport document the expression "taking in charge".
b. Expressions such as "prompt", "immediately", "as soon as possible", and the like should not be used. If
they are used banks will disregard them.
c. If the expression, "on or about" or similar expressions are used, banks will interpret them as a stipulation
that the shipment is to be made during the period from five days before to five days after the specified date,
both end days included.
Article 47 Date Terminology for Periods of Shipment
a. The words "to", "until", "till", "from" and words of similar applying to any date or period in the Credit
referring to shipment will be understood to include the date mentioned.
b. The word "afte"r will be understood to exclude the date mentioned.
c. The terms "first half", "second half" of a month shall be construed as the 1st to 15th, and the 16th to the
last day of such month, all dates inclusive.
d. The terms "beginning", "middle", or "end" of a month shall be construed respectively as the 1st to the
10th, the 11th to the 20th, and the 21st to the last day of such month, all dates inclusive.
F. Transferable Credit
Article 48 Transferable Credit
a. A transferable Credit is a Credit under which the Beneficiary (First Beneficiary) may request the bank
authorized to pay, incur a deferred payment undertaking accept or negotiate the (Transferring Bank) or in the
case of a freely negotiable Credit, the bank specifically authorized in the Credit as Transferring Bank to make
the credit available in whole or in part to one or more other Beneficiary(ies) (Second Beneficiary(ies)).
b. A Credit can be transferred only if it is expressly designated as "transferable" by Issuing Bank. Terms
such as ""divisible" "fractionable", "assignable" and "transmissible" do not render the Credit transferable. If
such terms are used they shall be disregarded.
c. The Transferring Bank shall be under no obligation to effect such obligation to effect such transfer except
to the extent and in the manner expressly consented to by such bank.
d. At the time of making a request for transfer and prior to transfer of the credit, the First Beneficiary must
irrevocably instruct the Transferring Bank whether or not he retains the right to refuse to allow the
Transferring Bank to advise amendments to the Second Beneficiary(ies). If the Transferring Bank consents to
the transfer, advise the Second Beneficiary(ies). If the Transferring Bank consents to the transfer under these
conditions, it must, at the time of transfer, advise the Second Beneficiary(ies) of the First Beneficiary(ies)
instructions regarding amendments.
e. If a Credit is transferred to more than one Second Beneficiary(ies) refusal of an amendment by one or
more Second Beneficiary(ies) does not invalidate the acceptance(s) by the other Second Beneficiary(ies) with
respect to whom the Credit will be amended accordingly. With respect to the Second Beneficiary(ies) who
rejected the amendment, the Credit will remain unamended.
f. Transferring Bank charges in respect of transfers including commissions, fees, costs, or expenses are
payable by the First Beneficiary unless otherwise agreed. If the Transferring Bank agrees to transfer the Credit
it shall be under no obligation to effect the transfer until such charges are paid.
g. Unless otherwise stated I the Credit, a transferable Credit can be transferred once only. Consequently, the
Credit cannot be transferred at the request of the Second Beneficiary to any subsequent Third Beneficiary. For
the purpose of this article, a retransfer to the first Beneficiary does not constitute a prohibited transfer.
Fractions of a transferable Credit (not exceeding in the aggregate amount of the Credit) can be transferred
separately, provided partial shipment/drawings are not prohibited and the aggregate of such transfers will be
considered as constituting only one transfer of the Credit.
h. The Credit can be transferred only on the terms and conditions specified in the original credit with the
exception of:
- the amount of the Credit,
- any unit price stated therein,
- the expiry date,
- the last date of presentation of documents in accordance with Article 43,
- the period of the shipment, any or all of which may be reduced or curtailed. The percentage for which
insurance cover must be effected may be increased in such a way as to provide the amount of cover
stipulated in the original credit or these Articles. In addition, the name of the First Beneficiary can be
substituted for that of the Applicant but if the name of the Applicant is specifically required by the original
credit to appear in any documents(s) other than the invoice, such requirement must be fulfilled.
i. The First Beneficiary has the right to substitute his own invoice(s) and (Draft(s)) for those of the Second
Beneficiary(ies) for amount not in excess of he original amount stipulated in the Credit and for the original
unit price if stipulated in the Credit, and upon such substitution of invoice(s) (and Draft(s)) the First
beneficiary can draw under the Credit for the difference, if any, between his invoice(s) and the Second
Beneficiary(ies) invoice(s). When a Credit has been transferred and the First Beneficiary is to supply his own
invoice(s) (and Draft (s)) in exchange for the Second Beneficiary(ies) invoice(s) (and Draft(s)) but fails to do
so on first demand, the Transferring Bank has the right to deliver to the Issuing Bank the documents received
under the transferred Credit, including the Second Beneficiary(ies) invoice(s) (and Draft(s)) without further
responsibility to the First Beneficiary.
j. The First Beneficiary may request that payment or negotiation be effected to the Second Beneficiary the
place to which the Credit has been transferred up to and including the expiry date of the Credit, unless the
original Credit expressly states that it may not be made available for payment or negotiation at a place other
then that stipulated in the Credit. This is without prejudice to the First Beneficiary's right to substitute
subsequently his own invoice(s) (and Draft(s)) for those of the Second Beneficiary(ies) and to claim any
difference due to him.
G. Assignment of Proceeds
Article 49 Assignment of Proceeds
The fact that a Credit is not stated to be transferable shall not affect the Beneficiary's right to assign any
proceeds to which he may be, or may become, entitled under such Credit, in accordance with the provisions
of the applicable law. This Article relates only to the assignment of proceeds and not to the assignment of
the right to perform under the Credit itself.