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ICC brief on facilitating trade through digitalisation

23/04/2020

Global trade is increasingly becoming more digitalised. A wide range of parties to a trade transaction now rely on technologies that enable commerce at a speed, scale and efficiency that was unimaginable just a few decades ago.

Unfortunately, many customs administrations around the world are still in the infancy of adopting such technologies and processes. Often, customs procedures still rely on hard-copy paper documents, manual and inefficient processes, and other relics of a bygone era ill-suited for trade in the 21st century.

The ICC has announced that it believes that the Joint Statement Initiative on E-commerce (JSI) offers an opportunity to build on existing trade disciplines and global best practices in order to fully realise the benefits of digitalisation and paperless trade.

The ICC brief that can be found here explores a number of model provisions that could usefully form part of a new plurilateral agreement on the trade-related aspects of e-commerce.


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We, as the issuing bank, requested the below document, under field 46A. “Insurance policy/certificate for 10.00 percent above CIF value payable to the order of Sampath bank PLC, covering institute cargo clauses (a), institute war clauses (cargo), institute strike clauses (cargo), transshipment risks marked premium paid claims payable in Colombo irrespective of percentage.” Insurance certificate is presented containing below wording on the face side of the document. “The settlement of loss and damage will be effected, unless otherwise provided, through the intermediary of Marsh SA/NV to whom all documents are to be forwarded for this purpose, and will collect the indemnity under deduction of a commission of one percent” Also, it indicates the LC conditions as a mirror image as follows under the heading of "letter of credit conditions" whereas insurance conditions are incorporated separately in the certificate: "covering institute cargo clauses (A), institute war clauses (cargo), institute strike clauses (cargo), transshipment risks marked premium paid claims payable in Colombo irrespective of percentage" Having considered the above clauses, we have quoted below discrepancies. 1) Insurance policy indicates a deductible of 1 pct instead of irrespective of percentage. 2) Insurance not marked premium paid Beneficiary’s bank disagrees with our discrepancy and raised below argument: “Insurance policy/certificate does not indicate a deductible of 1 pct irrespective of percentage on the face of the document and banks will not examine terms and condition in insurance document as per ISBP paragraph K22 and marked as premium paid under the LC conditions. Considering above, may we have your opinion on the discrepancy quoted by us and the counter argument raised by the beneficiary’s bank.