Main Document Used in Transport in Import and Export-image

Main Document Used in Transport in Import and Export

Main Document Used in Transport in Import and Export

Main Document Used in Transport in Import and Export are given below:

  1. Bill of Lading
  2. Consignment note / Delivery note
  3. Airway bill/Air consignment note
  4. Packing list and Weight note
  5. Goods received note/Cargo receipt

 

Transport documents

Transport document serves as an evidence of acceptance and receipt of goods for carriage and may also serve as a document of title to goods.
Carriage: Carriage means the whole or any part of the operations like loading, unloading, storing, warehousing, handling and any other services whatsoever undertaken by the carrier in respect of the goods covered by the transport document.
Carrier: Carrier means the party on whose behalf transport document is signed.
Freight: Freight includes all charges payable to the carrier in accordance with the carrier’s applicable tariff.

As per UCPDC there are seven types of transport documents such as i)Multimodal transport documents, ii) Bill of lading, iii)Non negotiable Sea waybill, iv) Charter party bill of lading, v) Road, Rail and inland waterway transport document, vi)  Air waybill, vii)Courier Receipt,Post Receipt or Certificate of Posting.

Article 19 Transport Document Covering at Least Two Different Modes of Transport

  1. a. A transport document covering at least two different modes of transport (multimodal or combined transport document), however, named, must appear to:
  2. 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.

  1. ii. indicate that the goods have been dispatched, taken in charge or shipped on board at the place stated in the credit, by:

pre-printed wording, or
a stamp or notation indicating the date on which the goods have been dispatched, taken in charge or shipped on board.
The date of issuance of the transport document will be deemed to be the date of dispatch, taking in charge or shipped on board, and the date of shipment. However, if the transport document indicates, by stamp or notation, a date of dispatch, taking in charge or shipped on board, this date will be deemed to be the date of shipment.

iii. indicate the place of dispatch, taking in charge or shipment and the place of final destination stated in the credit, even if:

  1. the transport document states, in addition, a different place of dispatch, taking in charge or shipment or place of final destination, or
  2. the transport document contains the indication “intended” or similar qualification in relation to the vessel, port of loading or port of discharge.
  3. iv. be the sole original transport document or, if issued in more than one original, be the full set as indicated on the transport document.
  4. v. contain terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage (short form or blank back transport document). Contents of terms and conditions of carriage will not be examined.
  5. vi. contain no indication that it is subject to a charter party.
  6. For the purpose of this article, transhipment means unloading from one means of conveyance and reloading to another means of conveyance (whether or not in different modes of transport) during the carriage from the place of dispatch, taking in charge or shipment to the place of final destination stated in the credit.
  7. i. A transport document may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same transport document.
  8. A transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment.

Article 20 Bill of Lading

  1. a. A bill of lading, however, named, must appear to:
  2. i. 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.

Issuer of transport documents :

‘None of the UCP600 transport articles refer to the party that is to issue the respective transport document. The requirement is that the document must comply with the content of the applicable article.’ ICC Banking Commission opinion

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.’ [UCP600 (Article 14(l)]

A bill of lading may be issued by any entity other than a carrier or master (captain), provided it meets the requirements of UCP 600 article 20. [ISBP, E 3 (a)]

Who sign a bill of lading?
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.

What means However named?

A bill of lading need not be titled “marine bill of lading”, “ocean bill of lading”, “port-to-port bill of lading” or words of similar effect even when the credit so names the required document.[ISBP, E2]

How will the carrier be indicated in the bill of lading?

The carrier will be indicated anywhere in the bill of lading Such as:
ABC Co Ltd., the carrier (in the body of the document)
Carrier: ABC Co Ltd., (in the body of the document)
For ABC Co Ltd., as carrier. (while signing)
XYZ Co Ltd. As agent for the carrier ABC Co Ltd. (while signing)

ISBP says regarding Bill of lading:

El .a. A requirement in a credit for the presentation of a transport document, however named, only covering a port-to-port shipment, i.e., a credit that contains no reference to a place of receipt or taking in charge or place of final destination means that UCP 600 article 20 is to be applied in the examination of that document.

The transport document required by the documentary credit should also reflect the routing that is shown in Field 44 of the SWIFT MT700 message.
If only Fields 44E and 44F are completed, the required document should be a bill of lading, non-negotiable sea waybill, charter party bill of lading or air transport document.

If only Fields 44A and 44B are completed, the required document should be a multimodal transport document, road, rail or inland waterway transport document, or a courier receipt, postal receipt or certificate of posting.
If any three or four of Fields 44A, 44E, 44F and 44B are completed, the required document should be a multimodal transport document.

E3. b. When a credit indicates “Freight Forwarder’s Bill of Lading is acceptable” or “House Bill of Lading is acceptable” or words of similar effect, a bill of lading may be signed by the issuing entity without it being necessary to indicate the capacity in which it has been signed or the name of the carrier.

E4 . A stipulation in a credit that “Freight Forwarder’s Bills of Lading are not acceptable” or “House Bills of Lading are not acceptable” or words of similar effect has no meaning in the context of the title, format, content or signing of a bill of lading unless the credit provides specific requirements etailing how the bill of lading is to be issued and signed.In the absence of these requirements, such a stipulation is to be disregarded, and the bill of lading presented is to be examined according to the requirements of UCP 600 article 20.

E5 .a. A bill of lading is to be signed in the form described in UCP 600 sub-article 20 (a) (i) and to indicate the name of the carrier, identified as the carrier.

  1. When a bill of lading is signed by a named branch of the carrier, the signature is considered to have been made by the carrier.
  2. When an agent signs a bill of lading for [or on behalf of] the carrier, the agent is to be named and, in addition, to indicate that it is signing as “agent for (name), the carrier” or as “agent on behalf of (name), the carrier” or words of similar effect.When the carrier is identified elsewhere in the document as the “carrier”, the named agent may sign, for example, as “agent for [or on behalf of] the carrier” without naming the carrier again.
  3. When the master (captain) signs a bill of lading, the signature of the master (captain) is to be identified as the “master” (“captain”). The name of the master (captain) need not be stated.
  4. When an agent signs a bill of lading for [or on behalf of] the master (captain), the agent is to be named and, in addition, to indicate that it is signing as “agent for the master (or captain)”, or as “agent on behalf of the master (or captain)” or words of similar effect.The name of the master (captain) need not be stated.
  5. 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.

iii. 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 preprinted wording on the bill of lading.

Indication of shipped on board
Must 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.

Determination of shipment date-

When a BL contains a pre printed ‘shipped on board’ or similar wording and there is no separate ‘on board’ notation indicating the date of shipment :
The date of issuance of the bill of lading will be deemed to be the date of shipment.
When there is an ‘on board’ notation indicating the date of shipment whether the Bill of lading is pre printed shipped on board or received for shipment-
The date stated in the on board notation will be deemed to be the date of shipment whether or not the on board date is before or after the issuance date of the bill of lading.

ISBP says regarding shipped on board and shipment date-

E6 . a. When a pre-printed “Shipped on board” bill of lading is presented, its issuance date will be deemed to be the date of shipment unless it bears a separate dated on board notation. In the latter event, such date will be deemed to be the date of shipment whether that date is before or after the issuance date of the bill of lading. The on-board date may also be indicated in a designated field or box.

  1. Notwithstanding that a credit may require a bill of lading to evidence a port-to-port shipment:
  2. when a bill of lading indicates a place of receipt that is the same as the port of loading,
    for example, place of receipt Rotterdam CY and the port of loading Rotterdam, and there is no indication of a means of pre-carriage (either in the pre-carriage field or the place of receipt field); or
  3. when a bill of lading indicates a place of receipt different from the port of loading, for example, place of receipt Amsterdam and port of loading Rotterdam, and there is no indication of a means of pre-carriage (either in the pre-carriage field or the place of receipt field), then:

(a) when a bill of lading is pre-printed “shipped on board”, the date of issue will be deemed to be the date of shipment, and no further on board notation is required.

(b) when a bill of lading is pre-printed “received for shipment”, a dated on board notation is required, and the date appearing in the notation will be deemed to be the date of shipment. The on board date may also be indicated in a designated field or box.

c.Notwithstanding that a credit may require a bill of lading to evidence a port-to-port shipment, when a bill of lading

  1. indicates a place of receipt different from the port of loading, for example, place of
    receipt Amsterdam and port of loading Rotterdam, and there is an indication of a means of pre-carriage (either in the pre-carriage field or the place of receipt field), regardless of whether it is pre-printed “shipped on board” or “received for shipment”,it is to bear a dated on board notation which also indicates the name of the vessel and the port of loading stated in the credit. Such notation may also appear in a designated field or box. The date appearing in the on board notation or designated field or box will be deemed to be the date of shipment.
  2. indicates a means of pre-carriage (either in the pre-carriage field or the place of receipt field), no matter if no place of receipt is stated or whether it is pre-printed “shipped on board” or “received for shipment”, it is to bear a dated on board notation which also indicates the name of the vessel and the port of loading stated in the credit. Such notation may also appear in a designated field or box. The date appearing in the on board notation or designated field or box will be deemed to be the date of shipment.
  3. When a bill of lading indicates wording such as “When the place of receipt box has been completed, any notation on this bill of lading of “on board”, “loaded on board” or words of similar effect shall be deemed to be on board the means of transportation performing the carriage from the place of receipt to the port of loading” or words of similar effect, and if, in addition, the place of receipt box is completed, a bill of lading is to bear a dated on board notation. The dated on board notation is also to indicate the name of the vessel and the port of loading stated in the credit. Such notation may also appear in a designated field or box. The date appearing in the on board notation or designated field or box will be deemed to be the date of shipment.
  4. The named port of loading, as required by the credit, should appear in the port of loading field on a bill of lading. However, it may also be stated in the field headed “Place of receipt” or words of similar effect, provided there is a dated on board notation evidencing that the goods were shipped on board a named vessel at the port stated under “Place of receipt” or words of similar effect.
  5. A bill of lading is to indicate the port of loading stated in the credit. When a credit indicates the port of loading by also stating the country in which the port is located, the name of the country need not be stated.
  6. When a credit indicates a geographical area or range of ports of loading (for example, “Any European Port” or “Hamburg, Rotterdam, Antwerp Port”), a bill of lading is to indicate the actual port of loading, which is to be within that geographical area or range of ports. A bill of lading need not indicate the geographical area.
  7. When a bill of lading indicates more than one port of loading, it is to evidence an on board notation with the relevant on board date for each port of loading, regardless of whether it is pre-printed “received for shipment” or “shipped on board”.

For example, when a bill of lading indicates that shipment has been effected from Brisbane and Adelaide, a dated on board notation is required for both Brisbane and Adelaide.

E7 .Terms such as “Shipped in apparent good order”, “Laden on board”, “Clean on board” or other phrases that incorporate “shipped” or “on board” have the same effect as the words “Shipped on board”.

E8 .a. The named port of discharge, as required by the credit, should appear in the port of discharge field within a bill of lading.

  1. However, the named port of discharge may be stated in the field headed “Place of final destination” or words of similar effect provided there is a notation evidencing that the port of discharge is that stated under “Place of final destination” or words of similar effect. For example, when a credit requires shipment to be effected to Felixstowe, but Felixstowe is shown as the place of final destination instead of the port of discharge, this may be evidenced by a notation stating “Port of discharge Felixstowe”.

E9. A bill of lading is to indicate the port of discharge stated in the credit. When a credit indicates the port of discharge by also stating the country in which the port is located, the name of the country need not be stated.

E10.When a credit indicates a geographical area or range of ports of discharge (for example, “Any European Port” or “Hamburg, Rotterdam, Antwerp Port”), a bill of lading is to indicate the actual port of discharge, which is to be within that geographical area or range of ports. A bill of lading need not indicate the geographical area.

When a BL shows a final destination different from the port of discharge?

A bill of lading evidencing a place of final destination different from the port of discharge as stated in the documentary credit would be acceptable. ucp600 drafting group

  1. iv. 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.
  2. v. 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.
  3. vi. contain no indication that it is subject to a charter party.

 ISBP says regarding indication of charter party in the Bill of lading-
A bill of lading is not to contain any indication of a charter party as described in paragraphs G2)   (a) and (b).

  1. A transport document, however named, containing any indication that it is subject to,
    or any reference to, a charter party is deemed to be a charter party bill of lading.
  2. A transport document, however named, indicating expressions such as “freight payable as per charter party dated (with or without mentioning a date)”, or “freight payable as per charter party”, will be an indication that it is subject to a charter party.

Examples of indication of charter party:

  1. i) ‘to be used with charter parties’ ii) ‘Freight payable as per charter party’ iii) ‘Charter party contract no.ABC123’
  2. b. 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.
  3. i. A bill of lading may indicate that the goods will or may be transshipped provided that the entire carriage is covered by one and the same bill of lading.
  4. 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.
  5. d. Clauses in a bill of lading stating that the carrier reserves the right to tranship will be disregarded.

E17. Transhipment is the unloading and reloading of goods from one vessel to another during the carriage of those goods from the port of loading to the port of discharge stated in the credit.

When a bill of lading does not indicate unloading and reloading between these two ports, it is not transhipment in the context of the credit and UCP 600 sub-articles 20 (b) and (c).

E18 .Shipment on more than one vessel is a partial shipment, even if each vessel leaves on the same day for the same destination.

E19.a) When a credit prohibits partial shipment, 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 a geographical area or range of ports stated in the credit), each set is to indicate that it covers the shipment of goods on the same vessel and same journey and that the goods are destined for the same port of discharge.

  1. When a credit prohibits partial shipment, and more than one set of original bills of lading are presented in accordance with paragraph E19) (a) and incorporate different dates of shipment, the latest of these dates is to be used for the calculation of any presentation period and must fall on or before the latest shipment date stated in the credit.
  2. When partial shipment is allowed, and more than one set of original bills of lading are presented as part of a single presentation made under one covering schedule or letter and incorporate different dates of shipment, on different vessels or the same vessel for a different journey, the earliest of these dates are to be used for the calculation of any presentation period, and each of these dates must fall on or before the latest shipment date stated in the credit.

The only way to prohibit transhipment would be to state in the credit that transhipment is prohibited and that Article 20 (c) (ii) is not applicable or is excluded.

Common characteristics

There are some characteristics common to all types of transport document that need to be understood when they are prepared for presentation under a documentary credit.

Consignor or shipper and consignee

All types of transport document will include boxes, spaces or fields that are to be populated with the names of the consignor or shipper (the party arranging for shipment of the goods) and the consignee (the party receiving or controlling delivery of the goods). Under a documentary credit, the consignor or shipper is usually the beneficiary. This is not an absolute requirement, because any party can be named as consignor or shipper unless the documentary credit states otherwise.

The shipper or consignor of the goods indicated on any document need not be the beneficiary of the credit.[ UCP,14k]

The consignee may be a named entity, in which case the document may be referred to as being ‘straight consigned’. If the transport document is issued in the negotiable form, it is to show that goods have been consigned to order of a named entity, ‘to order’ or ‘to order of shipper’. If the transport document is consigned ‘to order’ or ‘to order of shipper’, it will need endorsement by the consignor or shipper in blank for it to be negotiable and available for transfer of title, or it is to be endorsed to order of a named entity (as stated in the documentary credit).

The consignee requirements for each transport document are as follows.

Consignee requirement same for multimodal Transport documents,Bill of lading and charter party bill of lading

For bill of lading: ISBP 745, provides as follows.

E12)When a credit requires a bill of lading to evidence that goods are consigned to a named entity, for example, “consigned to (named entity)” (i.e., a “straight” Bill of lading or consignment) rather than “to order” or “to order of (named entity)”, it is not to contain the expressions “to order” or “to order of” preceding the named entity, or the expression “or order” following the named entity, whether typed or pre-printed.

E23) a. When a bill of lading is issued “to order” or “to order of the shipper”, it is to be endorsed by the shipper. An endorsement may be made by a named entity other than the shipper, provided the endorsement is made for [or on behalf of] the shipper.

  1. b. When a credit requires a bill of lading to evidence that goods are consigned “to order of (named entity)”, it is not to indicate that the goods are straight consigned to that named entity.

For non-negotiable sea waybills: ISBP 745, provides as follows.

F11) a. When a credit requires a non-negotiable sea waybill to evidence that goods are consigned to a named entity, for example, “consigned to (named entity)”, it is not to contain the expressions “to order” or “to order of” preceding the named entity, or the expression “or order” following the named entity, whether typed or pre-printed.

  1. When a credit requires a non-negotiable sea waybill to evidence that goods are consigned “to order
of (named entity)”, it may indicate that the goods are consigned to that entity, without mentioning “to order of”.
  2. When a credit requires a non-negotiable sea waybill to evidence that goods are consigned “to order” without naming the entity to whose order the goods are to be consigned, it is to indicate that the goods are consigned to either the issuing bank or the applicant, without the need to mention the words “to order”.

For air transport documents : ISBP 745, provides as follows. H13a. When a credit requires an air transport document to evidence that goods are consigned “to order of (named entity)”, it may indicate that the goods are consigned to that entity, without mentioning “to order of”.

  1. b. When a credit requires an air transport document to evidence that goods are consigned “to order” without naming the entity to whose order the goods are to be consigned, it is to indicate that the goods are consigned to either the issuing bank or the applicant, without the need to mention the words “to order”.

For road, rail or inland waterway transport documents :  ISBP 745, provides as follows.

J8) a. When a credit requires a road or rail transport document to evidence that goods are consigned “to order of (named entity)”, it may indicate that the goods are consigned to that entity, without mentioning “to order of”.

  1. b. When a credit requires a road or rail transport document to evidence that goods are consigned “to order” without naming the entity to whose order the goods are to be consigned, it is to indicate that the goods are consigned either to the issuing bank or the applicant, without the need to mention the words “to order”.
  2. When a credit requires an inland waterway transport document, paragraphs J8) (a) and (b) will apply except when the document is issued in the form of a bill of lading. In such event, the consignee field is to be completed according to the requirements of the credit.

 Notify party

Most types of transport document will make provision for a ‘notify party’ to be inserted. A ‘notify party’ is a party that is to be advised by the carrier, or its agent, upon arrival of goods at the named destination. The notify party will usually be the applicant, its clearing agent or the issuing bank. A documentary credit may or may not require the transport document to indicate a named notify party or parties.

ISBP 745, provide similar guidance for the different types of transport document .

As an example, the following is the text that relates to bill of lading, which appears at ISBP 745, paragraph E14 (a),(b)(i) and (ii).

  1. When a credit stipulates the details of one or more notify parties, a bill of lading may also indicate the details of one or more additional notify parties.
  2. i. When a credit does not stipulate the details of a notify party, a bill of lading may indicate the details of any notify party and in any manner (except as stated in paragraph E14) (b) (ii)).
  3. When a credit does not stipulate the details of a notify party, but the details of the applicant appear as notify party on a bill of lading, and these details include the applicant’s address and contact details, they are not to conflict with those stated in the credit.

It should be noted that whenever the applicant’s address and contact details appear as part of the notify party details, whether requested in the documentary credit or not, the details must not be in conflict with those stated in the documentary credit.

Goods description:

ISBP provide similar guide line regarding the goods description requirements for the different  type of transport document. As an example,
A goods description indicated on a Bill of lading may be in general terms not in conflict with the goods description in the credit. ISBP E22

 ICC Opinion: The UCP does not require a goods description to appear on any document other than the invoice (sub-article 14(e) refers).However, it is transport industry practice that a form of description will appear, and that description should not conflict with the description in the credit.

Indication of name and address of delivery agent at destination:

ISBP 745, D27, E23 and F21all provide the Indication of name and address of delivery agent at destination requirements for the type of transport document to which they relate.

As an example, the following is the text relating to bill of lading, which is found at ISBP 745,

E23) When a credit requires a bill of lading to indicate the name, address and contact details of a delivery agent or words of similar effect, at or for  port of discharge, the address need not be one that is located at the  port of discharge or within the same country as that of port of discharge.

Original Transport Document:

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.

ISBP provide similar guide line regarding  the original transport document requirements for multimodal transport document, bill of lading, non negotiable sea way bill and charter party bill of lading. As an example,

E11) a. A bill of lading is to indicate the number of original that have been issued.

  1. b. Bills of lading marked “First Original”, ”Second Original”, ”Third Original”, or “Original”, ”Duplicate”, ”Triplicae” or similar expressions are all original.

be the original for consignor or shipper, even if the credit stipulates a full set of originals.UCP,art23 a (v)

ISBP says

H12) An air transport document is to appear to be the original for consignor or shipper. When a credit requires a full set of originals, this is satisfied by the presentation of an air transport document indicating that it is the original for consignor or shipper.

  1. b. A road transport document must appear to be the original for consignor or shipper or bear no marking indicating for whom the document has been prepared.
  2. A rail transport document marked “duplicate” will be accepted as an original.

iii. A rail or inland waterway transport document will be accepted as an original whether marked as an original or not.

  1. In the absence of an indication on the transport document as to the number of originals issued, the number presented will be deemed to constitute a full set.

ISBP says –

J7) a. A rail or inland waterway transport document is to be considered as an original whether or not it is so marked.

  1. b. A road transport document is to indicate that it is the original for consignor or shipper (copy for sender) or bear no marking indicating for whom the document has been prepared.
  2. c. Presentation of the original for consignor or shipper (copy for sender) of a road transport document or duplicate rail transport document shall suffice even when the credit requires presentation of a full set of the relevant transport documents.
  3. d. A duplicate (often a carbon copy) of a rail transport document, authenticated by the signature or stamp of the railway company or the railway station of departure, is considered to be an original.

The characteristics of transport documents

Name Characteristics
Multimodal transport document

(UCP 600, article 19)

◆ The document covers two or more modes of transport:

◆ delivery against original multimodal

transport document, if negotiable

◆ delivery to consignee against

identification, if non-negotiable

Bill of lading

(UCP 600, article 20)

◆ Often a negotiable document covering a

port-to-port shipment

◆ Grants title to goods in most cases

◆ Delivery against an original bill of lading

when issued ‘to order’, ‘to order of   shipper’ or   to order of a named entity

◆ Delivery to consignee against

identification if non-negotiable.

Non-negotiable sea waybill

(UCP 600, article 21)

◆ Non-negotiable document covering port to-

port shipment

◆ Does not grant title to goods

◆ Delivery to named consignee

Charter party bill of lading

(UCP 600, article 22)

◆ Negotiability subject to charter party

◆ Title to goods subject to charter party

◆ Delivery in terms of charter party

Air transport document

(UCP 600, article 23)

◆ Non-negotiable document covering

single mode

◆ Does not grant title to goods

◆ Delivery to named consignee

Road, rail or inland waterway transport document

(UCP 600, article 24)

◆ Non-negotiable document covering

single mode

◆ Does not grant title to goods, except

possibly inland waterway

◆ Delivery to named consignee or possibly

against original inland waterway  transport      document

Courier receipt, post

receipt, or certificate of

posting (UCP 600, article 25)

◆ Non-negotiable document covering

dispatch by post or courier

◆ Does not grant title to goods

◆ Delivery to named addressee

 

Article 23 Air Transport Document

  1. a. An air transport document, however named, must appear to:
  2. 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.

  1. ii. indicate that the goods have been accepted for carriage.

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.

  1. iv. indicate the airport of departure and the airport of destination stated in the credit.
  2. be the original for consignor or shipper, even if the credit stipulates a full set of originals.
  3. 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.
  4. 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.
  5. c. 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.
  6. An air transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment.

Article 24 Road, Rail or Inland Waterway Transport Documents

  1. a. A road, rail or inland waterway transport document, however named, must appear to:
  2. i. indicate the name of the carrier and:

be signed by the carrier or a named agent for or on behalf of the carrier, or

indicate receipt of the goods by signature, stamp or notation by the carrier or a named agent for or on behalf of the carrier.

Any signature, stamp or notation of receipt of the goods by the carrier or agent must be identified as that of the carrier or agent.

Any signature, stamp or notation of receipt of the goods by the agent must indicate that the agent has signed or acted for or on behalf of the carrier.

If a rail transport document does not identify the carrier, any signature or stamp of the railway company will be accepted as evidence of the document being signed by the carrier.

  1. ii. indicate the date of shipment or the date the goods have been received for shipment, dispatch or carriage at the place stated in the credit. Unless the transport document contains a dated reception stamp, an indication of the date of receipt or a date of shipment, the date of issuance of the transport document will be deemed to be the date of shipment.

iii. indicate the place of shipment and the place of destination stated in the credit.

  1. b. A road transport document must appear to be the original for consignor or shipper or bear no marking indicating for whom the document has been prepared.
  2. A rail transport document marked “duplicate” will be accepted as an original.

iii. A rail or inland waterway transport document will be accepted as an original whether marked as an original or not.

  1. In the absence of an indication on the transport document as to the number of originals issued, the number presented will be deemed to constitute a full set.
  2. For the purpose of this article, transhipment means unloading from one means of conveyance and reloading to another means of conveyance, within the same mode of transport, during the carriage from the place of shipment, dispatch or carriage to the place of destination stated in the credit.
  3. e. A road, rail or inland waterway transport document may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same transport document.
  4. A road, rail or inland waterway transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment.

Article 25 Courier Receipt, Post Receipt or Certificate of Posting

  1. A courier receipt, however named, evidencing receipt of goods for transport, must appear to:
  2. i. indicate the name of the courier service and be stamped or signed by the named courier service at the place from which the credit states the goods are to be shipped; and
  3. ii. indicate a date of pick-up or of receipt or wording to this effect. This date will be deemed to be the date of shipment.
  4. b. A requirement that courier charges are to be paid or prepaid may be satisfied by a transport document issued by a courier service evidencing that courier charges are for the account of a party other than the consignee.
  5. c. A post receipt or certificate of posting, however named, evidencing receipt of goods for transport, must appear to be stamped or signed and dated at the place from which the credit states the goods are to be shipped. This date will be deemed to be the date of shipment.

Guidelines for foreign exchange transaction says regarding Transport documents –

All LCs and similar undertakings covering imports into Bangladesh must be documentary LCs and should provide for payment to be made against full sets of on board (shipped) bills of lading, air way bills, railway receipts, truck receipts, post/courier parcel receipts showing despatch of goods covered by the credit to a destination in Bangladesh.

Paragraph 8(i) and 8(ii), chapter 8 of the Guidelines for Foreign Exchange Transactions (GFET), 2018 Vol-1 in terms of which railway receipts, bills of lading and any other documents of title to cargo should be drawn only to the order of an AD designated by the respective exporters; while airway bills and any other documents of title to cargo should be drawn to the order of a bank in the country of import nominated by the AD designated by the respective exporters for export of goods by land route or by sea or by air, as the case may be, with exception for exports from Type A industrial units located in the EPZs/EZs.

It has now been decided that ADs may allow carrier companies to draw railway receipts, bills of lading, airway bills and other documents of title to cargo to the order of importer or other designated parties as per stipulations of export letter of credit/valid sales contract only if the shipment is made against full payment received in advance through normal banking channel. In this context, designated AD shall issue a certificate to the exporter in the prescribed form (as per annexure) to be produced to the carrier company, enabling them to draw the shipping documents accordingly. [Circular No.9 dated 21.03.17]

2. Consignment note / Delivery note:

1. It is sometimes called a rail and road consignment note or a delivery note. It is normally prepared by the road/rail transport company or a freight forwarder.

2. The key information in a consignment note/delivery note (See diagram of a delivery note below) is as follows:
(a) The name and address of the sender (consignor).
(b) The name and address of the recipient (consignee).
(c) The number of packages or cases.
(d) The marks and numbers on the packages or cases.
(e) A brief description of the goods.
(f) The place of departure and the date of departure.
(g) The time of collection and delivery,
(h) The time of arrival.
(i) The type of haulier and the vehicle number.
(j) The signature of the carrier, (if its a Rail Consignment Note, it is stamped by the Station master).
(k) The freight charged.
3. The functions of a delivery note are as follows:
(a) This is an advice note, indicating the quantity and description of goods being dispatched on a certain date by the named road or rail transport agency.
(b) It is evidence of a contract of carriage but is not negotiable.
(c) It is not a document of title but should be dispatched with other documents for it shows the date of dispatch of the goods which is useful for exchange and import control purposes.
(d) It is a receipt for goods and a document for delivery.
(e) It is also on a note of freight charges.

Contributors:

Md.Saiful Islaam,CDCS
SAVP & Incharge
Centralized Trade processing Unit
Social Islami Bank Limited
Head Office, Dhaka

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