UCP 600 Article 36: Examining Certificates of Origin Under Force Majeure

Introduction

Certificates of origin are supporting documents that prove the national origin of goods. When a force majeure event interrupts a bank's operations under UCP 600 Article 36, the examination of certificates of origin is directly affected. The bank's obligation to examine documents on their face (Article 14(a)) is suspended during the interruption, and credits expired during the interruption are not revived. For certificates of origin, the practical question is whether the document was timely presented, whether the credit expired during the interruption, and what happens to the certificate on resumption. This guide addresses the intersection of Article 36 and the certificate-of-origin examination rules.

Failure Mode Analysis

Failure 1: Certificate of origin 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 certificate of origin is presented on resumption. The beneficiary must seek an amendment.

Failure 2: Certificate of origin arrives during the interruption via courier. If the courier delivers the certificate during the interruption, the bank is not required to receive or examine it until resumption. The presentation date is the date of actual receipt.

Failure 3: Certificate of origin inconsistent with invoice on resumption. On resumption, the bank applies the ordinary Article 14(d) consistency analysis. If the certificate of origin conflicts with the commercial invoice, the presentation is discrepant.

Failure 4: Certificate of origin issued by wrong party. If the credit specifies an issuing authority and the certificate was issued by a different party, the discrepancy exists regardless of the Article 36 interruption. The bank must refuse on resumption.

Failure 5: Certificate of origin missing stamps or endorsements. If the certificate lacks required stamps or endorsements, the discrepancy is identified on resumption when the bank completes its examination. Article 36 does not excuse the missing requirement.

Deterministic Resolution Architecture

1. Determine the credit expiry date. Identify the exact expiry date stated in the credit.

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

3. Classify the event under Article 36. Confirm the interruption falls within the specified causes.

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

5. If the credit did not expire, determine when the certificate was presented. If presented before the interruption, the examination period resumes on the first banking day after resumption.

6. Verify the certificate on resumption. Examine the issuing authority, data completeness, consistency with the invoice, and any required stamps or endorsements.

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

Conclusion

The examination of certificates of origin under Article 36 requires the same chronological approach as other documents: determine the expiry date, map the interruption, and apply the correct provision on resumption. Article 36 does not excuse document deficiencies that existed before the interruption. On resumption, the bank completes its examination under the ordinary rules and applies Article 14(d) for consistency.

FAQ

Does Article 36 excuse a certificate of origin issued by the wrong party? No. The discrepancy exists regardless of the interruption. On resumption, the bank must refuse under Article 16.

Can the beneficiary present a certificate of origin after an expired credit? If the credit expired during the Article 36 interruption, the beneficiary must seek an amendment under Article 10.

What if the certificate 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.

Does the certificate of origin need to be re-presented? If the credit expired during the interruption and the beneficiary seeks an amendment, a new presentation (including a new or existing certificate of origin) may be required under the amended credit terms.

How does eUCP apply to electronic certificates of origin during force majeure? Under eUCP Version 2.1, Article e8, the same Article 36 principles apply to electronic documents. 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.