ICC opinion..pdf - Jordi Sellarés Serra Vicesecretario...

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3 December 2009/TS/wj Document 470/1126rev Jordi Sellarés Serra.- Vicesecretario Comité Español de la CCI Avda. Diagonal 452-454 08006 Barcelona Spain 3 December 2009 Subject: Document 470/TA.695rev Dear Mr. Serra, We refer to our letter dated 12 May 2009 in respect of your query regarding UCP 600. Please find below the opinion of the Banking Commission. QUOTE Our Group of Experts on Documentary Credits received a query from a Country S Bank which has been given number 158 in our files. A copy of a B/L is attached and the following questions are raised in respect to it. 1) In the attached document. Can the signing party be considered to be duly identified? The right hand box on the lower part of the document has no pre-printed or added text, just a signature and the stamp of a company. The box immediately on top of that one (where it appears Barcelona 16/01/2009), the pre-printed text says “place and date of issue”. 2) Can it be considered that the carrier identification poses no doubt? The box on the upper right hand side where Masterline Logistics S.L. and their address appears, is different to the remainder of the document as it has no pre- printed text as an identifier of data for that box. In the box immediately on top of that one the following can be read: “name of the carrier” (text that can also be read on the bottom of that box and differently to all the other boxes of the document in which an explanation appears).
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25 Document 470/1126rev NATIONAL COMMITTEE ANALYSIS Our Group of Experts unanimously agree that the analysis must take into account: Sub-article 20 (a) (i) of UCP 600: “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 .” together with paragraph 94 of ISBP publication 681 concerning signing of bills of lading:
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