UCP 600 Article 36: Examining Bills of Lading Under Force Majeure

Introduction

When a force majeure event interrupts a bank's operations, the examination of bills of lading is directly affected. Article 36 suspends the bank's examination obligations during the interruption and provides that credits expired during the interruption are not revived. For bills of lading — the primary transport document in seaborne trade — the practical question is: what happens when the bill of lading arrives at the bank during or after an Article 36 interruption? The answer depends on whether the credit expired during the interruption, whether the bill of lading was timely presented, and whether the interruption prevented the bank from examining it. This guide addresses the intersection of Article 36 and the bill-of-lading examination rules in Article 20.

Failure Mode Analysis

Failure 1: Bill of lading presented after credit expired during interruption. If the credit expired during the Article 36 interruption, the bank is not required to honour or negotiate even if the bill of lading is presented on resumption. The beneficiary must seek an amendment.

Failure 2: Bill of lading presented but not examined before interruption. If the bill of lading was presented before the interruption but the bank had not completed examination, the five-day examination period under Article 14(b) resumes on the first banking day after resumption. The bank must complete examination within the remaining time.

Failure 3: Bill of lading shipment date outside the 21-day presentation window. Article 36 does not extend the 21-day presentation period under Article 14(c). If the bill of lading was not timely presented before the interruption, the presentation is discrepant on resumption.

Failure 4: Bill of lading arriving during the interruption via courier. If the courier delivers the bill of lading to the bank during the interruption, the bank is not required to receive or examine it until resumption. The presentation date is the date of actual receipt by the bank.

Failure 5: Bill of lading containing a force-majeure clause. Some bills of lading contain force-majeure clauses that excuse the carrier from liability. These clauses are commercial terms between the carrier and shipper; they do not affect the bank's obligations under UCP 600 or the Article 36 analysis.

Deterministic Resolution Architecture

1. Determine the credit expiry date. Identify the exact expiry date stated in the credit. This is the anchor for the Article 36 analysis.

2. Map the interruption timeline. Record the start date, cause, resumption date, and any partial closures during the interruption period.

3. Classify the event under Article 36. Confirm the interruption falls within the specified causes (Acts of God, riots, civil commotion, insurrections, wars, terrorism, strikes, lockouts, or other causes beyond the bank's control).

4. Determine whether the credit expired during the interruption. If the credit expired during the interruption, apply Article 36's rule: reopening does not require honour or negotiation.

5. If the credit did not expire, determine when the bill of lading was presented. If presented before the interruption, the examination period resumes on the first banking day after resumption. If presented after, the presentation date is the date of actual receipt.

6. Verify the bill of lading against Article 20. On resumption, examine the bill of lading for on-board notation, carrier identification, port of loading and discharge, and full set of originals.

7. Document the complete chronology. Record the credit expiry, interruption dates, presentation date, examination date, and any discrepancy found. Preserve the record.

Conclusion

The examination of bills of lading under Article 36 requires a precise chronology: the credit expiry date, the interruption timeline, and the presentation date. Article 36 does not extend presentation deadlines or revive expired credits. On resumption, the bank examines the bill of lading under Article 20 within the restarted examination period. The defensible method is a documented timeline that distinguishes Article 36 from Article 29 and applies the correct provision to each fact.

FAQ

Does Article 36 extend the 21-day presentation period for bills of lading? No. Article 14(c) requires presentation within 21 calendar days of shipment. Article 36 does not extend this deadline.

What if the bill of lading arrives during the interruption? The bank is not required to receive or examine it until resumption. The presentation date is the date of actual receipt by the bank.

Can the beneficiary present a bill of lading after an expired credit? If the credit expired during the Article 36 interruption, the beneficiary must seek an amendment under Article 10. The bank is not required to honour under the expired credit.

Does the bill of lading's force-majeure clause affect the bank's obligations? No. The bill of lading's force-majeure clause is a commercial term between the carrier and shipper. It does not modify the bank's UCP 600 obligations.

How does eUCP handle electronic bills of lading during force majeure? Under eUCP Version 2.1, Article e8, the same Article 36 principles apply to electronic transport records. The bank is not liable for interruptions, and expired credits are not revived.

Source Notes

Context only — no deep source text was extracted from the original research feeds.

• ICC Academy, "Certified UCP 600 Specialist (CUCP)," published 12 Jul 2025.
• ICC, "UCP 600 — Uniform Rules and Practice for Documentary Credits — Including eUCP Version 2.1," published 31 Jul 2023.
• ICC Academy, "Uniform Rules for Documentary Credits (UCP 600) — eBook," published 12 Dec 2024.
• ICC, "Commentary on UCP 600," published 01 Aug 2019.