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ICC releases Guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules

07/04/2020

Responding to the urgent need to address the disruptions facing the trade finance market as the world grapples with the novel coronavirus (COVID-19) pandemic, the International Chamber of Commerce (ICC) has today provided holistic guidance to the market, governments and regulators through the publication of this paper.

Trade finance transactions rely almost exclusively on hard-copy paper documentation to process payments and, ultimately, clear the release of goods to buyers. This is because, in many jurisdictions, electronic trade documents are either prohibited or their legal status is unclear. Yet with banks unable to handle documents in-person as government authorities seek to limit COVID-19 transmission, there is a risk that the underlying trade in goods, including essential medical and food products, will be further disrupted.

ICC has responded to this issue with technical guidance to practitioners.

The Guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules, provides technical guidance to the market on elements to consider in adapting ICC rules for specific trade finance instruments, gives a certain level of flexibility in the monitoring of transactions in respect of ICC rules, and outlines common scenarios experiences in the delivery of documents during the public health measures undertaken in response to COVID-19.

Comprehensive in its guidance, the paper reviews provisions from several ICC rules, namely the Uniform Customs and Practice for Documentary Credits (UCP 600) and its eRules (eUCP Version 2.0), the Uniform Rules for Demand Guarantees (URDG 758), the Uniform Rules for Collections (URC 522) and its eRules (eURC Version 1.0), the Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits (URR 725) and the Uniform Rules for Bank Payment Obligations (URBPO 750).

Gary Collyer was a major contributor to this paper.


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Bill of lading is signed by the agent as agent on behalf of the carrier and showing the carrier as AKK. The carrier is identified as only AKK (the carrier: AKK) and it is not clear whether it is the title of the carrier or just an abbreviation. Besides, there is no information on the bill of lading regarding the full name of the the carrier. So, we are unable to identify who is the carrier. Attaching our advice of refusal and the response from the advising bank below. Is showing only letters as carrier (which is unknown not like MSC or any other known shipping company) on bill of lading sufficient to accept it as compliant in terms of the signing the document? OUTGOING SWIFT MESSAGES (SENT) ACK WAS RECEIVED :77J: DISCREPANCIES +CARRIER IS NOT IDENTIFIED ON B/L. 'AKK' IS AN INCOMPREHENSIBLE INFORMATION ABOUT CARRIER ON ITS FACE OF THE DOC :77B: REGULATORY REPORTING /NOTIFY/ INCOMING SWIFT MESSAGES (APPROVED) SWIFT AUTH. CORRECT :79: NARRATIVE RE YR MT734 DD250916 FOR USD60021.86 UNDER YR LC NO.12345 WITH OUR REF 56789 . PLS BE ADVISED WE DO NOT AGREE WITH YR ALLEGATION OF DISCREPANCY IN A/M MESSAGE DUE TO THE FACT THAT THE CARRIER AS AKK IS IDENTIFIED ON B/L AND AKK IS AN OBVIOUS INFORMATION ON ITS FACE OF THE DOC.EVEN IF WE ALSO HAVE NO IDEA OF WHICH SHIPPING COMPANY IT STANDS FOR. . WITHIN THE FIELD AT THE BOTTOM RIGHT CORNER OF THE B/L,THERE IS NO EXTRA INFORMATION.THERE WOULD BE NO DIFFICULTIES FOR YR GOOD BANK TO EASILY INDENTIFY AKK AS CARRIER,WHILE MRF INTERNATIONAL FORWARDING CO.,LTD AS ITS AGENT.MOREOVER,THE IDENTITY OF CARRIER CANNOT BE DENIED SIMPLY BECAUSE ITS NAME IS PLACED ON THE SECOND LINE. THE FORM OF THE SIGNATURE COMPLIES WITH THE REQUIREMENT OF UCP600 SUB-ARTICLE 20(A)(I). . THEREFORE THERE SHOULD NOT BE ANY DISCREPANCIES UNDER THIS COMPLIANT PRESENTATION.ACCORDING TO ARTICLE 16F OF UCP600,YOU ARE NOW PRECLUDED FROM CLAIMING OUR PRESENTATION NOT COMPLIANT.PLS ACCEPT DOCS WITHOUT DELAY AND CONFIRM US NO DISCREPANCIES FEES TO BE DEDUCTED. . THKS FOR YOUR COOPERATION. REGARDS.