URC 522 Article 15: “Force Majeure” in Documentary Collections – Explanation

URC 522 Article 15: Force Majeure

“ARTICLE 15 FORCE MAJEURE Banks assume no liability or responsibility for consequences arising out of the interruption of their business by Acts of God, riots, civil commotions, insurrections, wars, or any other causes beyond their control or by strikes or lockouts.”

Explanation:

Article 15 of the Uniform Rules for Collections (URC) 522 deals with the concept of “force majeure,” a legal principle that relieves parties from their contractual obligations when certain unforeseen events occur. These events are beyond the control of the parties involved and make it impossible or impractical to fulfill their contractual duties.

The article specifically states that banks are not liable for any consequences that arise due to interruptions in their business operations caused by events such as natural disasters (referred to as “Acts of God”), riots, civil unrest, insurrections, wars, strikes, lockouts, or any other events beyond their control. This means that if a bank is unable to process a collection or perform any related tasks due to such events, they cannot be held responsible for any resulting losses or delays.

Examples:

  1. Natural Disaster (Act of God):
    • Scenario: A bank in a coastal city is responsible for processing documentary collections for an international trade transaction. However, a major hurricane hits the city, causing widespread flooding and power outages. As a result, the bank’s operations are severely disrupted, and they cannot process the collection documents on time.
    • Application of Article 15: In this case, the bank would not be held liable for any delays or financial losses incurred by the parties involved in the transaction because the interruption was caused by a natural disaster, an event beyond the bank’s control.
  2. Civil Unrest:
    • Scenario: A bank is located in a country experiencing significant civil unrest, including riots and violent protests. The bank is forced to close its branches temporarily for the safety of its employees and customers, resulting in a delay in the processing of documentary collections.
    • Application of Article 15: Here, the bank would not be responsible for any consequences of the delay, as the interruption was caused by civil commotions, which are beyond the bank’s control.
  3. Strikes or Lockouts:
    • Scenario: A bank’s employees go on strike, leading to a complete halt in the bank’s operations. During this period, the bank is unable to process any documentary collections, causing delays for several trade transactions.
    • Application of Article 15: According to Article 15, the bank would not be liable for any delays or financial losses suffered by the parties in these transactions, as the interruption was due to a strike, which is explicitly mentioned as a force majeure event in the article.

Conclusion:

Article 15 of URC 522 provides banks with protection from liability in situations where their ability to perform their duties is compromised due to uncontrollable events. By understanding this provision, businesses involved in international trade can better manage their expectations and prepare for potential disruptions caused by force majeure events.

URR 725 Article 11: Processing a Reimbursement Claim – CDCS Guide

Article 11 – Processing a Reimbursement Claim

a. i. “A reimbursing bank shall have a maximum of three banking days following the day of receipt of the reimbursement claim to process the claim. A reimbursement claim received outside banking hours will be deemed to be received on the next following banking day. If a pre-debit notification is required by the issuing bank, this pre-debit notification period shall be in addition to the processing period mentioned above.”

Explanation: This clause mandates that the reimbursing bank has up to three banking days to process a reimbursement claim after receiving it. If the claim is received outside of the bank’s working hours, the claim is considered received on the next business day. Additionally, if the issuing bank requires a pre-debit notification, the time allowed for this notification is added to the initial three-day processing period.

Example: If a reimbursing bank receives a claim at 5:30 PM on a Friday, and the bank closes at 5:00 PM, the claim is considered received on Monday, the next banking day. The bank then has until Wednesday to process the claim. If a pre-debit notification is needed and takes two days, the bank would have until Friday to complete the processing.

a. ii. “If the reimbursing bank determines not to reimburse, either because of a non-conforming claim under a reimbursement undertaking or for any reason whatsoever under a reimbursement authorization, it shall give notice to that effect by telecommunication or, if that is not possible, by other expeditious means, no later than the close of the third banking day following the day of receipt of the claim (plus any additional period mentioned in sub-Article (i) above). Such notice shall be sent to the claiming bank and the issuing bank and, in the case of a reimbursement undertaking, it must state the reasons for non-payment of the claim.”

Explanation: If the reimbursing bank decides not to honor the reimbursement claim due to any reason, such as non-compliance with the reimbursement undertaking, it must notify the claiming bank and the issuing bank within three banking days after receiving the claim. If a pre-debit notification is required, the three-day period starts after this additional notification period. The notice must include reasons for non-payment.

Example: A bank receives a claim on Tuesday but finds that the claim is non-conforming on Wednesday. The bank must notify both the claiming bank and the issuing bank by Friday, explaining why the claim will not be paid.

b. “A reimbursing bank will not process a request for back value (value dating prior to the date of a reimbursement claim) from the claiming bank.”

Explanation: This clause prevents a reimbursing bank from accepting or processing any requests to backdate a reimbursement claim to a date earlier than the claim’s submission. Essentially, the reimbursement claim must be processed based on the date it was actually received, not any prior date.

Example: If a claiming bank submits a reimbursement claim on August 10th, it cannot request the reimbursing bank to process the payment as if it was received on August 1st. The reimbursing bank will only process the claim based on the August 10th submission date.

c. i. “When a reimbursing bank has not issued a reimbursement undertaking and a reimbursement is due on a future date: the reimbursement claim must specify the predetermined reimbursement date;”

Explanation: If the reimbursing bank has not issued a reimbursement undertaking and the reimbursement is scheduled for a future date, the claiming bank must clearly mention the predetermined date in its reimbursement claim.

Example: A claiming bank submits a reimbursement claim on August 1st, but the reimbursement is due on August 15th. The claim must explicitly state that the reimbursement is due on August 15th.

c. ii. “the reimbursement claim should not be presented to the reimbursing bank more than ten banking days prior to such predetermined date. If a reimbursement claim is presented more than ten banking days prior to the predetermined date, the reimbursing bank may disregard the reimbursement claim. If the reimbursing bank disregards the reimbursement claim, it must so inform the claiming bank by teletransmission or other expeditious means without delay.”

Explanation: This clause sets a limit on when a reimbursement claim can be submitted to the reimbursing bank, specifically not more than ten banking days before the predetermined reimbursement date. If a claim is submitted earlier than this, the reimbursing bank has the right to ignore it and must promptly inform the claiming bank if they do so.

Example: If the predetermined reimbursement date is August 20th, the claiming bank should not submit the claim before August 6th. If the claim is submitted on August 1st, the reimbursing bank can choose to disregard it and must notify the claiming bank immediately.

c. iii. “If the predetermined reimbursement date is more than three banking days following the day of receipt of the reimbursement claim, the reimbursing bank has no obligation to provide notice of non-reimbursement until such predetermined date, or no later than the close of the third banking day following the receipt of the reimbursement claim plus any additional period mentioned in (a) (i) above, whichever is later.”

Explanation: If the predetermined reimbursement date is more than three banking days after the reimbursement claim is received, the reimbursing bank is not required to notify the claiming bank of any non-reimbursement decision until the predetermined date. However, the bank may also choose to give notice by the end of the third banking day after receiving the claim, considering any extra time allowed for pre-debit notifications as mentioned earlier.

Example: A reimbursement claim is received on August 1st, with a predetermined reimbursement date of August 10th. The reimbursing bank has until August 10th to inform the claiming bank if they decide not to reimburse. However, if the bank decides earlier, it can notify the claiming bank by August 4th.

d. “Unless otherwise expressly agreed to by the reimbursing bank and the claiming bank, a reimbursing bank will effect reimbursement under a reimbursement claim only to the claiming bank.”

Explanation: This clause ensures that reimbursement is made only to the claiming bank unless there is a specific agreement between the reimbursing bank and the claiming bank stating otherwise. This is to maintain clarity and prevent unauthorized third-party claims.

Example: If Bank A submits a reimbursement claim to Bank B, the reimbursement will be made directly to Bank A. Bank B will not reimburse any third party unless explicitly agreed upon with Bank A.

e. “A reimbursing bank assumes no liability or responsibility if it honours a reimbursement claim indicating that a payment, acceptance or negotiation was made under reserve or against an indemnity, and shall disregard such indication.”

Explanation: This clause states that a reimbursing bank is not liable if it processes a reimbursement claim that mentions that the original payment, acceptance, or negotiation was made under reserve or against an indemnity. The reimbursing bank will disregard such indications when processing the claim.

Example: If a reimbursement claim from Bank A to Bank B states that the payment was made under reserve, Bank B can process the reimbursement claim without considering the reservation or indemnity conditions mentioned. Bank B will not be held responsible for any issues arising from those conditions.

UCP600 Article 20: Bill of Lading Explanation With Example

UCP600 Article 20 Explained with Examples

Clause (a): Requirements for a Bill of Lading

i. Carrier’s Name and Signature

  • Clause: A bill of lading, however named, must appear to:
    • 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.
  • Explanation: The bill of lading must clearly show the name of the carrier. It must also have a signature that identifies whether it is from the carrier, the master, or an agent acting on their behalf. The agent’s signature must specify if it is on behalf of the carrier or the master.
  • Example:
    • Correct:
    • A bill of lading signed as follows: “John Doe, Agent for ABC Shipping Co.” Wherein somewhere else from the documents ABC Shipping Co. can be identified as carrier.
    • A bill of lading signed as follows: “ABC Shipping Co., As Carrier”
    • A bill of lading signed as follows: “John Doe, As Master” Wherein somewhere else from the documents ABC Shipping Co. can be identified as carrier.
    • Incorrect: A bill of lading signed simply as “John Doe” without specifying the capacity in which the signature is made.

ii. Shipped on Board Notation

  • Clause: 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 the date of shipment, in which case the date stated in the on 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 name of the vessel, an on board notation indicating the date of shipment and the name of the actual vessel is required.
  • Explanation: The bill of lading must state the shipped on board date. If not stated, the issuance date is considered the shipment date. If the vessel is mentioned as “intended,” the bill of lading must specify the actual vessel name and shipment date.
  • Example:
    • Correct:
    • Bill of lading evidences by pre-printed wordings or stamp as “Shipped on board SS Maritime on 20th July 2024.”
    • Bill of lading states “Intended for SS Maritime” it also evidences by pre-printed wordings or stamp as “Shipped on board SS Maritime on 20th July 2024.”
    • Incorrect: “Intended for SS Maritime” without the actual vessel and shipment date.

iii. Port of Loading and Discharge

  • Clause: Indicate shipment from the port of loading to the port of discharge stated in the credit. If the bill of lading does not indicate the port of loading stated in the credit as the port of loading, or if it contains the indication “intended” or similar qualification in relation to the port of loading, an on board notation indicating the port of loading as stated in the credit, the date of shipment and the name of the vessel is required. This provision applies even when loading on board or shipment on a named vessel is indicated by pre-printed wording on the bill of lading.
  • Explanation: The bill of lading must clearly show the correct ports of loading and discharge. If the port of loading is qualified with “intended,” it must have an on-board notation with the actual port, shipment date, and vessel name.
  • Example:
    • Correct:
    • A bill of lading shows “Port of Loading: Shanghai” and “Port of Discharge: Los Angeles.”
    • If the bill of lading states “Intended Port of Loading: Shanghai,” it must also include an on board notation, such as “Loaded at Shanghai on MV Horizon on 15th July 2024.”
    • Incorrect: “Intended Port of Loading: Hamburg” without further on-board notation details.

iv. Original Bill of Lading

  • Clause: Be the sole original bill of lading or, if issued in more than one original, be the full set as indicated on the bill of lading.
  • Explanation: The bill of lading must be the original document. If multiple originals are issued, all must be presented as per the indication on the bill.
  • Example:
    • Correct:
    • A bill of lading indicates “Original – 1 of 1.” Then 1 original needs to be presented.
    • If it states “Original – 1 of 3,” then all three originals must be presented.
    • Incorrect: Presentation of only 1 out of 3 originals when it states “Original – 1 of 3,”.

v. Terms and Conditions of Carriage

  • Clause: Contain terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage (short form or blank back bill of lading). Contents of terms and conditions of carriage will not be examined.
  • Explanation: The bill of lading must include or reference the terms and conditions of carriage. However, these terms will not be scrutinized by the examiner.
  • Example:
    • Correct:
    • A bill of lading includes the detailed Terms and Conditions as per carrier’s standard form in the back side of B/L.
    • A bill of lading references “Terms and Conditions available at www.abcshipping.com.”(this is called short form or blank back B/L)
    • Incorrect: Not mentioning any reference to terms and conditions of carriage.

vi. Charter Party Bill of Lading

  • Clause: Contain no indication that it is subject to a charter party.
  • Explanation: The bill of lading must not indicate that it is governed by a charter party agreement.
  • Example:
    • Correct: Standard bill of lading with no indication of a charter party.
    • Incorrect: If it indicates like “Subject to Charter Party Agreement dated 1st July 2024.”

Clause (b): Definition of Transshipment

  • Clause: For the purpose of this article, transhipment means unloading from one vessel and reloading to another vessel during the carriage from the port of loading to the port of discharge stated in the credit.
  • Explanation: Transshipment involves transferring goods from one vessel to another during transit from the loading port to the discharge port.
  • Example:
    • Transshipment: Goods are unloaded from Vessel A and reloaded onto Vessel B en route to the final destination.

Clause (c): Transshipment Conditions

i. Single Bill of Lading for Entire Carriage

  • Clause: A bill of lading may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same bill of lading.
  • Explanation: Transshipment is allowed if the entire journey is covered by one bill of lading.
  • Example:
    • Correct: A bill of lading states “Goods may be transhipped at Singapore”. If the entire journey completed through single transport document then it is acceptable .
    • Incorrect: Separate bills of lading for different segments of the journey and bill of lading states “Goods may be transhipped at Singapore”

ii. Transshipment Despite Prohibition

  • Clause: A bill of lading indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment, if the goods have been shipped in a container, trailer or LASH barge as evidenced by the bill of lading.
  • Explanation: Transshipment is acceptable even if prohibited by the credit, provided the goods are shipped in containers, trailers, or LASH barges.
  • Example:
    • Correct: A bill of lading shows “Goods in container, may be transhipped,” and in the bill of lading somewhere else it is evidenced that goods shipped in a container. The letter of credit prohibits transhipment. This is acceptable.
    • Incorrect: Non-containerized goods with transshipment indicated against credit terms.

Clause (d): Carrier’s Right to Transship

  • Clause: Clauses in a bill of lading stating that the carrier reserves the right to tranship will be disregarded.
  • Explanation: Any clauses in the bill of lading that give the carrier the right to transship will not be considered.
  • Example: A clause that states “Carrier reserves the right to transship.” This clause will not affect the acceptance of bill of lading.