UCP 600 Article 36: Key Definitions and Scope

Introduction

UCP 600 Article 36 establishes the bank's disclaimer during force majeure interruptions. Its scope is defined by the enumerated events (Acts of God, riots, civil commotions, insurrections, wars, terrorism, strikes, lockouts, and other causes beyond the bank's control) and by the consequence it produces (no liability for consequences, and non-revival of expired credits). Understanding the article's scope requires examining how it interacts with the defined terms in Article 2, the examination framework in Article 14, and the closure provisions in Article 29. This guide maps those interactions and identifies where practitioners most frequently misunderstand the article's scope.

Failure Mode Analysis

Failure 1: Applying Article 36 to events that only affect the beneficiary. Article 36 addresses interruptions to the bank's business, not events that affect the beneficiary or the underlying transaction.

Failure 2: Over-extending the "other causes beyond its control" category. The catch-all is not unlimited. The event must be extraordinary, beyond the bank's control, and must have actually interrupted operations.

Failure 3: Failing to distinguish Article 36 from Article 29. A bank that applies Article 36 to an ordinary closure is applying the wrong provision.

Failure 4: Conflating Article 36 with Article 34. Article 34 addresses transmission and translation; Article 36 addresses business interruption. They are distinct.

Failure 5: Assuming Article 36 applies to all banks simultaneously. Article 36 applies to the specific bank whose business was interrupted. Other banks may remain open.

Deterministic Resolution Architecture

1. Identify the enumerated events. The Article 36 list includes: Acts of God, riots, civil commotions, insurrections, wars, terrorism, strikes, lockouts.

2. Test the catch-all category. For events not expressly listed, determine whether the event was (a) beyond the bank's control, (b) extraordinary, and (c) actually interrupted the bank's business.

3. Verify the bank was actually interrupted. Article 36 applies only when the event prevented the bank from performing.

4. Distinguish from Article 29. Scheduled closures are Article 29 events. Only extraordinary interruptions qualify under Article 36.

5. Distinguish from Article 34. Transmission and translation issues are Article 34; business interruption is Article 36.

6. Document the scope analysis. Record which provision applies and what the Article 36 scope covers. Preserve the analysis.

7. Preserve the event record. Maintain a documented record of the event classification and scope analysis.

Conclusion

The scope of Article 36 is defined by its enumerated events and the catch-all "other causes beyond its control" category. The article addresses interruptions to the bank's business, not events that affect the beneficiary or the underlying transaction. The defensible method is a documented scope analysis that tests each element: event classification, bank control, and actual interruption.

FAQ

Does Article 36 cover events that only affect the beneficiary? No. Article 36 addresses interruptions to the bank's business, not events that affect the beneficiary.

Is "other causes beyond its control" unlimited? No. The event must be extraordinary, beyond the bank's control, and must have actually interrupted the bank's business.

Does Article 36 apply to all banks simultaneously? No. Article 36 applies to the specific bank whose business was interrupted.

How does eUCP apply the Article 36 scope? Under eUCP Version 2.1, Article e8, the same Article 36 scope applies to electronic presentations.

How does URDG 758 define force majeure scope? URDG 758, Article 26, uses a similar enumerated list and catch-all. The scope parallels UCP 600 Article 36.

Source Notes

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

• ICC Academy, "Uniform Rules for Documentary Credits (UCP 600) — eBook," published 12 Dec 2024.
• ICC, "UCP 600 — Uniform Rules and Practice for Documentary Credits — Including eUCP Version 2.1," published 31 Jul 2023.
• ICC, "Commentary on UCP 600," published 01 Aug 2019.
• ICC Academy, "Certified UCP 600 Specialist (CUCP)," published 12 Jul 2025.
• ICC Academy, "Documentary credits: Rules, guidelines & terminology," published 05 Jul 2025.
• ICC Academy, "UCP 600 and ISP98: Key differences and applications," published 14 Oct 2025.