UCP 600 sub-article 14(h) - How to Determine Function of a Document Precisely?

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Confused about 14(h) ??
During the revision of the UCP 600 - all articles were changed - most of the changes however - were merely linguistic - which did not really change practice - other were material changes that would change the wording of the provision - and also the practical application of the provision.

There is however one article that falls into a third category; namely sub-article 14(h) - where it seems that only minor linguistic changes have been made to the UCP text - but really a change in practice must be anticipated.

Sub-article 14(h) stems from UCP 500 sub-article 13(c) which reads:

If a Credit contains conditions without stating the document(s) to be presented in compliance therewith, banks will deem such conditions as not stated and will disregard them.

UCP 600 sub-article 14(h) reads:

If a credit contains a condition without stipulating the document to indicate compliance with the condition, banks will deem such condition as not stated and will disregard it.

At the outset it seems however that the drafting group have some real changes in mind - at least that is the impression one gets from reading the "Commentary on UCP 600" (page 66) which reads:

If a credit contains a condition without stipulating the document to indicate compliance with the condition, banks will deem such condition as not stated and will disregard it. The data in documents will still be subject review under sub article 14 (d) to ensure that any data is not conflicting

T.O. Lee comments on How to Determine Function of A Document Precisely?
The concept of "Function of a document" first appeared in ISBP 645 paragraph 43. I was commissioned by bankers in Dubai to write a one day workshop to deal with the function of drafts, commercial invoices, consular invoices, packing lists, BL, CPBL, AWB, MMTD, insurance documents, C/O, certificate of inspection, beneficiary's certificate, etc.

I focus on three categories:

The "MUST have" data content to fulfil the function of a specific document.
The "MAY have" data content, not in conflict with the function of that specific document.
The "MUST NOT have" data content that are in conflict with the function of that document.
This topic is beyond banking knowledge and involves knowledge in UN trade conventions, BOE Acts, cargo insurance, Incoterms, law of contract, etc etc. that I have taken 35 years to prepare.
Those interested may buy handouts from my website www.tolee.com. Otherwise it is difficult to get any reliable info to determine which is the function of a document.

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