UCP 600 Article 36: Examining Packing Lists Under Force Majeure

Introduction

Packing lists describe how goods are packed, their physical dimensions, weights, and package counts. When a force majeure event interrupts a bank's operations under UCP 600 Article 36, the examination of packing lists 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 packing lists, the practical question is whether the document was timely presented, whether the credit expired during the interruption, and what happens to the packing list on resumption. This guide addresses the intersection of Article 36 and the packing-list examination rules.

Failure Mode Analysis

Failure 1: Packing list 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 packing list is presented on resumption.

Failure 2: Package count inconsistent with bill of lading on resumption. On resumption, the bank applies the ordinary Article 14(d) analysis. If the packing list shows 50 cartons but the bill of lading shows 48 packages, the discrepancy exists regardless of the interruption.

Failure 3: Weight data inconsistent with invoice. If the packing list weight does not match the commercial invoice weight, the inconsistency triggers Article 14(d). Article 36 does not excuse the mismatch.

Failure 4: Packing list arrives during the interruption. If the courier delivers the packing list 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: Missing required data fields. If the credit requires dimensions, tare weight, or package type and these fields are blank, the discrepancy is identified on resumption. Article 36 does not excuse incomplete data.

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.

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

6. Verify the packing list on resumption. Examine package counts, weight data, goods descriptions, and consistency with the bill of lading and invoice.

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

Conclusion

The examination of packing lists under Article 36 requires the same chronological approach as other documents. Article 36 does not excuse data mismatches or incomplete fields. On resumption, the bank completes its examination and applies the ordinary consistency analysis against the bill of lading and invoice.

FAQ

Does Article 36 excuse a packing list that does not match the bill of lading? No. The discrepancy exists regardless of the interruption. On resumption, the bank must refuse under Article 16.

Can the beneficiary present a packing list 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 packing list 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 packing list need to be signed? Only if the credit expressly requires it. If the credit is silent, the packing list need not be signed.

How does eUCP apply to electronic packing lists during force majeure? Under eUCP Version 2.1, Article e8, the same Article 36 principles apply. 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, "Documentary credits: Rules, guidelines & terminology," published 05 Jul 2025.
• ICC Academy, "ICC Guide to Incoterms 2020 — eBook," published 25 Nov 2025.