REQUESTING FOR RETURNING OF THE PRESENTED DOCUMENTS

QUESTION

Dear Mr. Old Man,

The documents have been sent to the issuing bank and the issuing bank has received the documents.

I want to know whether the presenter can request the issuing bank to return the documents in order for him to correct some information in the documents.

Looking forward to your early reply.

Thanks and best regards,

BT

——

ANSWER

Hi,

If the documents have not yet been released to the applicant, the issuing bank may return the documents to the presenter at his request. However, please note that it will take some time for the documents to be returned to the presenter for correction of data and the re-presentation may not be made in time within the stipulated period of presentation and the LC validity.

Instead of requesting for returning of the documents, if possible, the presenter should present new documents to replace the previously presented documents. This can help save time to ensure that the new documents are to be re-presented within the stipulated period of presentation and the LC validity.

Kind regards,

Mr. Old Man

P/s: Click here for similar question and answer:

https://nhducdng.wordpress.com/2014/06/06/returning-complying-documents-at-the-presenters-request/

RETURNING COMPLYING DOCUMENTS AT THE PRESENTER’S REQUEST

QUESTION

Dear Mr. Old Man,

Could you please answer this question? In case the presentation is COMPLYING, can the negotiating bank recall the shipping documents irrespective that the applicant does not agree with this action?

What is the difference if our bank is the transferring bank and the bank recalling the documents is the second beneficiary’s bank?

Awaiting your soonest reply

Thank you,

Ka

————

ANSWER

Hi,

I must say your issue is not covered in UCP.  It is the issuing bank that will decide whether or not it should comply with the negotiating bank’s request for returning the documents. The issuing bank should also ask for the applicant’s agreement if it has advised the applicant of the presentation of complying documents. The issuing bank cannot comply with the negotiating bank’s request if the documents have been released to the applicant who does not agree to return the documents.

The answer is the same if the transferring bank has advised the first beneficiary of the presentation and the first beneficiary would like to substitute the documents (invoice and drafts) rather than return the documents to the second beneficiary.

Kind regards,

Mr. Old Man