UCP 500 Articles 25 & 37
- Comment No. 5

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30 August 2003

To:   Members of the Consulting Group
UCP 500 Revision
ICC Banking Commission
Paris

Hello Members,

ID 25 (Article 25)

"Optional" port of discharge

In some charter parties, one or two "optional" ports of discharge are required. At the time of arrival at the destination country, one port of discharge may be inaccessible due to many reasons, port congestions in boom season, blocked by ice, weather condition not suitable for discharge of certain hazardous commodities, like hydro carbons, that IMO (International Maritime Organisation) restrict discharge on a certain humidity and temperature level, for example to avoid "flash point" that may trigger an explosion or fire hazard (in extremely hot and dry weather).

So at the time of opening the DC or at the time of presentation, the parties cannot determine which of these optional ports of discharge would be safe and suitable for the discharge of the hazardous cargo. Therefore it is not recommended to require the port of discharge to be named in a C/P BL issued subject to a C/P that allows optional port of discharge.

When I did commodities trade in my thirties, I would state in my DC that I accepted discharge in any one of the three "optional" ports of discharge to avoid amendment costs and delays. For commodity produces or products, goods may change hands many times before the vessel arrives at the destination. Different brokers or buyers may have different preference on port of discharge. In order to make the commodity trade tick, the UCP should not try to create barriers for other trades.

ID 37 (Article 37)

Email address

Email address must be changed automatically when the ISP (Internet Services Provider) has changed. So we should not use the same rule to examine postal address, office address and email address. This is particularly so for DC that allows electronic presentation.

Best regards,

T. O. Lee
Toronto

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