UCP 600 Article 36: Examining Commercial Invoices Under Force Majeure

Introduction

Commercial invoices are the anchor pricing documents in any documentary credit presentation. When a force majeure event interrupts a bank's operations under UCP 600 Article 36, the examination of commercial invoices 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 commercial invoices, the practical question is whether the invoice was timely presented, whether the credit expired during the interruption, and what happens to the invoice on resumption. This guide addresses the intersection of Article 36 and the commercial invoice examination rules in Article 18.

Failure Mode Analysis

Failure 1: Invoice 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 invoice is presented on resumption. The beneficiary must seek an amendment.

Failure 2: Invoice amount exceeds credit amount on resumption. On resumption, the bank applies the ordinary Article 18(a) analysis. If the invoice amount exceeds the credit amount, the presentation is discrepant. Article 36 does not excuse the overage.

Failure 3: Invoice goods description inconsistent with credit. If the invoice description does not correspond with the credit under Article 18(c), the discrepancy exists regardless of the interruption. The bank must refuse on resumption.

Failure 4: Invoice arrives during the interruption. If the courier delivers the invoice 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 5: Invoice not in the currency of the credit. If the invoice is denominated in a different currency than the credit, the discrepancy is identified on resumption. Article 36 does not excuse the currency mismatch.

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 invoice was presented. If presented before the interruption, the examination period resumes on the first banking day after resumption.

6. Verify the invoice on resumption. Examine the amount, currency, goods description, and addressee against the credit terms under Article 18.

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

Conclusion

The examination of commercial invoices 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 excuse document deficiencies. On resumption, the bank examines the invoice under Article 18 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 excuse an invoice amount that exceeds the credit amount? No. The discrepancy exists regardless of the interruption. On resumption, the bank must refuse under Article 16.

Can the beneficiary present an invoice 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 invoice 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 Article 36 apply to partial interruptions? Article 36 applies when the interruption actually prevented the bank from performing its obligations. If the bank was only partially affected, the bank must determine whether the interruption prevented examination of the specific presentation.

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