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ICC release updated ISBP - Publication No. 821

07/07/2023

As you may be aware, the ICC recently released the new ISBP publication (No. 821). 

It should be noted that the ISBP 745 was approved by ICC National Committees in 2013, and the reviewed Opinions for this update were approved by ICC National Committees between October 2013 and January 2023. Therefore, this review merely ensured alignment between previously approved texts.

9 Opinions were recognised as containing content that would be meaningful for addition within an updated ISBP. These comprised:

  • New Preliminary Consideration viii) stating that the absence of a credit reference number, or the mistyping of a credit reference number, on a document is not a valid reason for refusal. (Opinion 876rev)
  • New Preliminary Consideration ix) providing that administrative conditions such as a requirement for an additional photocopy of all documents, or a statement that all documents may not be stapled, should not be incorporated by an issuing bank in a credit. (Opinion 915rev)
  • Add ‘Industries’ to paragraph A1 (Abbreviations). (Opinion 837rev)
  • Add new paragraph A17 (b) (Documents and the need for completion of a box, field or space) stating that there is no requirement for the applicant name, address and contact details (if any) to appear in a specific box, field or space on an invoice. (Opinion 818rev)
  • Add new paragraph A31 (b) (copy documents) stating that copies of documents need not be signed and move existing A31 (b) to A31 (c). (Opinion 842rev3)
  • Add new paragraph C7 (general issues relating to invoices) providing that an invoice presented under a credit issued in USD, bearing only the “$? sign without further qualification, fulfils the requirement of UCP 600 sub-article 18 (a) (iii) unless data in the invoice itself, or another presented document, implies that the “$? sign may refer to a currency other than USD. (Opinion 814rev4)
  • Add new paragraphs D5 (e) (multimodal transport document), E5 (e) (bill of lading), & F4 (e) (non-negotiable sea waybill) stating that the signature of the master (captain) may be accompanied by a stamp that incorporates the name of the vessel. (Opinion 813)
  • Add new paragraph G4 (c) (charter party bill of lading) stating that the signature of the master (captain) may be accompanied by a stamp that incorporates the name of the vessel. (Opinion 836rev)
  • Add new paragraph K2 (b) stating that UCP 600 does not require that an agent or proxy is to be named in an insurance document and move existing paragraph K2 (b) to K2 (c). (Opinion 835rev)

Copies of the publication 821 can be obtained from your local ICC Office.


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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.