UCP600 Article 23 outlines the requirements for an air transport document in documentary credits. Here’s a breakdown and explanation of each clause with examples for clarity:
Clause (a)
a. An air 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.
- Any signature by the carrier or agent must be identified as that of the carrier or agent.
- Any signature by an agent must indicate that the agent has signed for or on behalf of the carrier.
Explanation: This clause ensures that the document clearly identifies the carrier responsible for transporting the goods and verifies its authenticity through a proper signature. The document can be signed directly by the carrier or by an agent on behalf of the carrier. If an agent signs, it must be clear that they are doing so on behalf of the carrier.
Example: If ABC Airlines is the carrier, the air transport document should either be signed by ABC Airlines directly or by an agent (e.g., XYZ Logistics) on behalf of ABC Airlines. The signature should look like:
- ABC Airlines (signed by the carrier directly)
- XYZ Logistics (signed as agent for ABC Airlines)
ii. indicate that the goods have been accepted for carriage.
Explanation: The document must state that the goods have been accepted for transport. This is typically indicated by terms like “Received for Carriage” or “Accepted for Carriage.”
Example: An air waybill might have a stamp or notation stating “Received for Carriage” along with the date and signature.
iii. indicate the date of issuance. This date will be deemed to be the date of shipment unless the air transport document contains a specific notation of the actual date of shipment, in which case the date stated in the notation will be deemed to be the date of shipment. Any other information appearing on the air transport document relative to the flight number and date will not be considered in determining the date of shipment.
Explanation: The date on which the document is issued is considered the shipment date unless a different actual shipment date is specifically mentioned on the document.
Example: If the air waybill is issued on July 15, 2024, that date is considered the shipment date unless it states, “Actual Date of Shipment: July 17, 2024.” In that case, July 17, 2024, is the shipment date.
iv. indicate the airport of departure and the airport of destination stated in the credit.
Explanation: The document must clearly mention both the airport where the goods are departing from and the destination airport, as specified in the letter of credit.
Example: If the letter of credit specifies departure from JFK Airport (New York) and arrival at LHR Airport (London), the air transport document must state these locations accurately.
v. be the original for consignor or shipper, even if the credit stipulates a full set of originals.
Explanation: The document should be the original intended for the consignor or shipper, even if multiple originals are required by the letter of credit.
Example: If three originals are required, the document presented should be one of these originals and clearly marked as such.
vi. contain terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage. Contents of terms and conditions of carriage will not be examined.
Explanation: The air transport document must include or reference the terms and conditions governing the carriage. However, these terms and conditions are not subject to examination under UCP600.
Example: The air waybill may state, “Terms and conditions available at http://www.abcarriers.com/terms.”
Clause (b)
b. For the purpose of this article, transhipment means unloading from one aircraft and reloading to another aircraft during the carriage from the airport of departure to the airport of destination stated in the credit.
Explanation: Transhipment refers to the transfer of goods from one aircraft to another during the journey from the departure airport to the destination airport as per the letter of credit.
Example: Goods might be unloaded from Flight 101 at Frankfurt Airport and reloaded onto Flight 202 heading to the final destination in Paris.
Clause (c)
c.
i. An air transport document may indicate that the goods will or may be transhipped, provided that the entire carriage is covered by one and the same air transport document.
Explanation: The document can state that transhipment will or might happen as long as the entire journey is covered by a single document.
Example: An air waybill stating, “Goods may be transhipped at Frankfurt,” is acceptable if it covers the entire route from origin to final destination.
ii. An air transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment.
Explanation: Even if the letter of credit explicitly prohibits transhipment, a document indicating possible transhipment is still acceptable under UCP600.
Example: If the letter of credit states “No transhipment allowed,” but the air waybill notes, “Transhipment may occur,” the document is still considered compliant under UCP600.
This comprehensive explanation should help clarify each clause of UCP600 Article 23 with relevant examples.