UCP 600 Article 17: Originals Versus Copies — When Must Documents Be Original?

Introduction

The distinction between original documents and copies is one of the most frequently contested areas in documentary credit practice. UCP 600 Article 17 sets out the rules governing when a document must be presented as an original, when a copy suffices, and how banks should treat documents that appear to be originals but are, in fact, copies — or vice versa. The article replaced the more rigid approach of UCP 500 with a more flexible framework, but this flexibility has itself introduced new ambiguities that banks and presenting parties must navigate carefully.

Failure Mode Analysis

Failure Mode 1: Presenting Copies When Originals Are Required

The most basic error is presenting photocopies or printouts of documents when the credit expressly requires originals. This occurs when the presenting party misunderstands the credit terms or when the issuing entity (e.g., a carrier or insurer) is reluctant to issue multiple originals.

Consequence: The bank will refuse the presentation under Article 14(a) for non-compliance with the credit terms, and the five-day refusal clock under Article 16 begins immediately.

Failure Mode 2: Presenting Only One Original When Multiple Are Required

Some credits require "full set" or "three originals" of a document such as a bill of lading. Presenting only one original, with the remaining documents as copies, violates this requirement unless the credit specifically permits the Article 17(e) alternative.

Consequence: The bank refuses the presentation, and the presenter must obtain the missing originals and re-present within the credit's expiry and presentation period.

Failure Mode 3: Failing to Mark Documents as Copies

When a credit calls for copies, presenting documents that are not clearly marked as "copy" creates ambiguity. Under Article 17(c), a document that is not marked as original and not marked as copy may be treated as a copy — but this is a matter of inference, not certainty, and different examiners may reach different conclusions.

Consequence: The bank may refuse the document for uncertainty about its status, or it may accept it as a copy, creating inconsistency in examination practice.

Failure Mode 4: Misidentifying Electronic Printouts as Originals

When documents are submitted as electronic printouts (e.g., a bill of lading printed from a carrier's portal), the printout may bear what appears to be an original stamp or signature but is, in fact, a reproduced image. Banks may accept these as originals under Article 17(a), but if the underlying system does not treat them as originals, the document may not have the legal effect the presenter intends.

Consequence: The bank accepts the document, but in a dispute (e.g., a claim for non-delivery), the document may be found not to carry the evidentiary weight of a true original.

Deterministic Resolution Architecture

Step 1: Review the Credit Terms for Original Requirements

Before preparing the presentation, examine every document requirement in the credit. Note which documents require originals, how many originals, and whether the credit includes any specific marking requirements (e.g., "original insurance policy").

Step 2: Identify the Document Issuer's Policy on Originals

Contact the issuer of each required document (carrier, insurer, inspector, etc.) to confirm whether they will provide originals. If the issuer will only provide a copy, request a letter or certificate confirming the document's authenticity and the reason only a copy is available.

Step 3: Mark Copies Clearly

For any document presented as a copy, ensure it is clearly stamped or printed with the word "COPY" or "DUPLICATE." This eliminates ambiguity and allows the examining bank to classify the document under Article 17(c).

Step 4: Prepare a Document Schedule

Create a document schedule that lists each required document, its original/copy status, the number of originals being presented, and the issuer. This schedule accompanies the presentation and gives the examining bank a clear overview.

Step 5: Verify Original Marks on Each Original Document

Before submission, physically inspect each document presented as an original. Confirm it bears an apparently original signature, stamp, or mark of the issuer, and that it does not contain any statement indicating it is not an original (e.g., "copy," "duplicate," "not an original").

Step 6: Present Multiple Originals Where Required

If the credit requires multiple originals (e.g., "three originals and three copies of bill of lading"), present all originals. Do not rely on Article 17(e) unless the credit explicitly permits presenting one original and copies for the remainder.

Step 7: Retain a Complete Set of Copies for Your Records

After presentation, retain a full set of copies of all documents submitted. This provides a reference in case of discrepancies, disputes, or the need to re-present under a replacement credit.

Conclusion

Article 17 of UCP 600 provides a pragmatic framework for distinguishing originals from copies, but it places significant responsibility on both the presenting party and the examining bank. The presenting party must clearly mark documents, understand what the credit requires, and prepare a complete set of originals and copies. The examining bank must apply a standard of reasonable care in determining whether a document is an original based on its apparent characteristics. Both sides benefit from clear communication and consistent documentation practices.

Frequently Asked Questions

Q1: If a credit says "copy of bill of lading," is a photocopy acceptable?

Yes, provided the photocopy is clear and legible. ISBP 745 confirms that a copy may be produced by any means — photocopy, carbon copy, or electronic reproduction — provided it is not marked as an original.

Q2: What if a document is signed but not stamped as "original"?

Under Article 17(a), a document bearing an apparently original signature, mark, stamp, or label of the issuer will be accepted as original, even if it is not expressly marked "original."

Q3: Can a bank refuse a document because the original stamp is faded?

A faded stamp may still be accepted if the examiner can discern that the stamp was applied by the issuer. However, if the stamp is illegible or appears tampered with, the bank may refuse under ISBP 745's reasonable care standard.

Q4: What if the credit requires "full set" of bills of lading?

"Full set" means all originals issued by the carrier. Typically, this is three originals. Presenting only one original with copies does not satisfy the "full set" requirement unless Article 17(e) applies by the credit's express terms.

Q5: How does eUCP treat electronic originals?

Under eUCP, an electronic record is treated as original if the sender indicates it is the original. The concept of physical signature or stamp does not apply in the same way, and the bank examines the metadata and sender indication rather than physical characteristics.

Source Notes

The following sources are provided as context only and were not used as textual source material for this guide.

• ICC, "Incoterms 2020" (March 2023)
• ICC Academy, "UCP 600 and ISP98: Key differences and applications" (October 2025)
• ICC, "Incoterms rules" (March 2023)
• ICC Academy, "Uniform Rules for Documentary Credits (UCP 600) — eBook" (December 2024)
• ICC Academy, "Certified UCP 600 Specialist (CUCP)" (July 2025)