UCP 600 Article 36: Complete Interpretation Guide
Introduction
UCP 600 Article 36 (Force Majeure) is not lettered into (a)/(b)/(c). The operative text: A bank assumes no liability or responsibility for the consequences arising out of the interruption of its business by Acts of God, riots, civil commotions, insurrections, wars, acts of terrorism, or by any strikes or lockouts or any other causes beyond its control. A bank will not, upon resumption of its business, honour or negotiate under a credit that expired during such interruption of its busi
Failure Mode Analysis
Failure mode 1: Inventing Article 36(a)–(d)
Article 36 has no lettered sub-articles in the ICC text. Citing 36(a) or 36(c) is a fabrication. Isolate the paragraph as written.
Failure mode 2: Reading cargo instead of documents
Article 5 still applies: banks deal with documents, not goods. An examiner who investigates performance under Article 36 violates that split.
Applying the article
Read the limbs above as they stand in the ICC text. Do not import sub-articles from another article. Document examination remains UCP 600 Article 14: on the face of the documents, within five banking days following the day of presentation.
Conclusion
Use the article as printed. If a lettered sub-article is not in the text above, it is not part of the rule.
FAQ
Does UCP 600 Article 36 contain sub-articles (a) through (d)?
No. Article 36 is not lettered in the ICC text. Lettered 36(a)–(d) citations are fabrications.
Do banks examine goods under this article?
No. Article 5: banks deal with documents and not with goods, services or performance to which the documents may relate.
What clock applies to examination?
Article 14(b): a maximum of five banking days following the day of presentation, not curtailed by expiry.
| Regulation | Article / Section | Requirement | Consequence |
|---|---|---|---|
| UCP 600 | Article 36 | Force Majeure | Binary determination (compliant/discrepant) |
| UCP 600 | Article 5 | Documents v. Goods/Services/Performance | Binary determination (compliant/discrepant) |
| UCP 600 | Article 14 | Standard for Examination of Documents | Binary determination (compliant/discrepant) |
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Quick Reference Summary
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