Partial shipment or not
HI LC experts,
Need your opinion on Parital shipments.
Here is the question, LC prohibits partial shipments, FCR is asked in LC. Exporter presented two FCRs and Invoices. FCRs presented have two different cargo received dates, same vessel name and same destination. Does it consitute discrepancy as partialshipment effected?
And here presented document is FCR which is not defined by UCP600.
Venkat. Velupalli
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Hi,
I am confused with various opinions,Here FCR is not a transport document and carrier is not identifed which is merely a receipt of goods received but transport documents as per UCP 600 evidence goods shipment by onboard notation like that unlike FCR. Though Vessel name is same and final destination is same but FCR is not evidencing that the goods are onboard which is why we may consider it as partial shipments.
Let me know my opinion is correct or not.
Venkat. Velupalli
only B/Ls bear on board-notations.
Under an air waybill and all other transport documents the "on-board" is not included. Banks often ask for "actual dispatch"-remarks of the carrier or its agent.
If it was a "taking in charge"-document only, why does it refer to a vessel and a final destination?
The on board-notation for such a document is only necessary if explicitly asked for in the credit.
Even under B/Ls with the same vessel, destination and voyage no., the missing of the on board-notation is a discrepancy of its own, but doesn't proof a partial shipment.
-Each long journey starts with a small step-
Best regards
Frammi
In my opinon, I think there is no partial shipment effected.
With a FCR the issuing bank has to specify every detail in the credit as for some reason, FCRs are not considered to be transport documents. So argumentations on the ISBPs and the UCP 600 oftan fail as "no transport document is to be presented".
Is it really a FCR covering a sea shipment or is it a FCT (Forwarding agent's certificate of transport)?
In Europe, FCRs are almost entirely out of use for other transports than truck transports.
-Each long journey starts with a small step-
Best regards
Frammi
Dear Venkak,
Not discrepant.
My reasoning is based on ISBP Para. 80, 105 and 125 which are quoted hereunder for your reference:
80. If a credit prohibits partial shipments and more than one set of original multimodal transport documents are presented covering shipment, dispatch or taking in charge from one or more points of origin (as specifically allowed, or within the geographical area or range stated in the credit), such documents are acceptable, provided that they cover the movement of goods on the same means of conveyance and same journey and are destined for the same destination. In the event that more than one set of multimodal transport documents are presented and if they incorporate different dates of shipment, dispatch or taking in charge, the latest of these dates will be taken for the calculation of any presentation period, and such date must fall on or before any latest date of shipment, dispatch or taking in charge specified in the credit.
105. If a credit prohibits partial shipments and more than one set of original bills of lading are presented covering shipment from one or more ports of loading (as specifically allowed, or within the geographical area or range stated in the credit), such documents are acceptable provided that they cover the shipment of goods on the same vessel and same journey and are destined for the same port of discharge. In the event that more than one set of bills of lading are presented and incorporate different dates of shipment, the latest of these dates of shipment will be taken for the calculation of any presentation period and must fall on or before the latest shipment date specified in the credit. Shipment on more than one vessel is a partial shipment, even if the vessels leave on the same day for the same destination.
125. If a credit prohibits partial shipments, and more than one set of original charter party bills of lading are presented covering shipment from one or more ports of loading (as specifically allowed, or within the geographical area or range stated in the credit), such documents are acceptable, provided that they cover the shipment of goods on the same vessel and same journey and are destined for the same port of discharge, range of ports or geographical area. In the event that more than one set of charter party bills of lading are presented and incorporate different dates of shipment, the latest of these dates of shipment will be taken for the calculation of any presentation period and must fall on or before the latest shipment date specified in the credit. Shipment on more than one vessel is a partial shipment, even if the vessels leave on the same day for the same destination.
Best regards,
Nguyen Huu Duc
Dear Venkat,
It doesn't matter for the document to be entitled as FCR, provided that the requirements of L/C, the applicable rules of UCP and ISBP are met precisely. See UCP600 Article 14 (i) below;
"A transport document may be issued by any party other than a carrier, owner, master or charterer provided that the transport document meets the requirements of articles 19, 20, 21, 22, 23 or 24 of these rules".
On the other hand, I see there is no partial shipment as far as the two FCRs show the same vessel name and the same destination.
I hope this helps you.
Best,
Ghubshawi
The same date of loading, vessel name, 2 CFR, port of discharge. The result at end there is no discrepancies.
Regards,
Salem
Hi!
In spite of esteemed nhduc.dng didn't make his explanations wide :))), his point of view is clear for me.
First. From meaning of FCR itself.
FCR (Forwarder's Certificate of Receipt) has nothing with shipment (by water), transportation (by air or land).
FCR is document of DELIVERY (and not shipment/transportation/sending/moveing etc).
Its only role is to confirm to the party it's consigned that the goods under such an FCR have been delivered to named place, fowarder possesses them and holds them in consignee's disposal.
No shipments at all - neither partial nor complete.
Only delivery.
Secondly. Other arguments are in UCP&ISBP.
FCR (Forwarder's Certificate of Cargo) is not a transport document. (ISBP Article 19)
All provisions of UCP600&ISBP which deals with partial shipments are based on TRANSPORT documents (as was emphasized by nhduc.dng).
As FCR isn't transport document then these provisions are not applicable.
But what is applicable???
Of course, UCP Articles 14(f) and 14(d).
And as far as it is not expressly stated in LC text that presentation of multiple and differently dated FCRs will mean "partial shipments", then IMHO, no discrepancy.
Good luck.
Just do I come to a slightly different conclusion.
The credit - in general - prohibits partial shipments. Art. 31 a) should then be excluded. But even if not, IMHO, partial shipments are excluded.
The many special conditions where transports covered by two separate transport documents are not to be considered as they one only apply to transport documents and not to a FCR!
Therefore, there is no rule stipulating that the two documents form one shipment. In the absence of a valid stipulation that these two documents form one shipment, they form two shipments. Therefore partial shipment has occured and the documents are discrepant.
-Each long journey starts with a small step-
Best regards
Frammi
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