UCP 600 Article 37 — Examining Packing Lists Under Reimbursement Arrangements
Introduction
Packing lists provide detailed information about how goods are packaged, weighed, and arranged for shipment. While not always required under documentary credits, when specified, they must comply with credit terms before the nominated bank can make the Article 37(b) compliance declaration. This guide addresses the examination of packing lists within the reimbursement framework.
Failure Mode Analysis
Failure Mode 1: Missing Required Data
The credit requires the packing list to show "net weight, gross weight, and dimensions." The packing list shows only net weight. The omission of gross weight and dimensions is a discrepancy.
Failure Mode 2: Weight Inconsistency
The packing list shows a gross weight of 5,000 kg, but the bill of lading shows 4,800 kg. Under Article 14(b), this inconsistency is a discrepancy.
Failure Mode 3: Incorrect Number of Packages
The packing list indicates 200 cartons, but the bill of lading shows 180 packages. The discrepancy between these documents blocks reimbursement.
Failure Mode 4: Missing Packing List When Required
The credit explicitly requires a packing list, but the nominated bank accepts a presentation without one. This is a non-compliance that prevents the Article 37(b) declaration.
Failure Mode 5: Packing List Shows Damaged Goods
The packing list contains a notation that some packages were "repacked due to water damage." This notation suggests adverse conditions that may indicate a discrepancy with the bill of lading's clean status.
Deterministic Resolution Architecture
Step 1: Confirm Packing List Is Required
Review the credit to determine whether a packing list is required. If the credit does not require one, its absence is not a discrepancy. If the credit requires one, proceed with examination.
Step 2: Verify Required Data Fields
Compare the packing list's content against the credit's specific requirements. If the credit specifies net weight, gross weight, dimensions, package marks, or other data, verify each field is present and complete.
Step 3: Cross-Reference with Bill of Lading
Compare the number of packages, total weight, and shipping marks on the packing list against the bill of lading. Resolve any inconsistencies.
Step 4: Cross-Reference with Commercial Invoice
Compare the goods description and quantity on the packing list against the commercial invoice. Ensure consistency.
Step 5: Review for Adverse Notations
Examine the packing list for any notations suggesting damage, repacking, or other adverse conditions. Such notations may indicate discrepancies with the bill of lading.
Step 6: Document and Declare Compliance
Record the examination results. If the packing list complies, include it in the Article 37(b) declaration. If any discrepancy is found, refuse the document and notify the presenter.
Conclusion
Packing list examination requires systematic cross-referencing against the credit, bill of lading, and commercial invoice. The nominated bank must verify required data fields, resolve inconsistencies, and check for adverse notations before claiming reimbursement under Article 37.
Frequently Asked Questions
1. Is a packing list always required under a documentary credit?
No. A packing list is required only if the credit specifically mandates it. If the credit is silent, the nominated bank should not refuse a presentation for the absence of a packing list.
2. Can the packing list show different units than the invoice?
The packing list may use different units (e.g., kilograms for weight, cubic meters for volume) as long as the data is consistent with the invoice. Inconsistencies in the underlying quantity are discrepancies.
3. Does the packing list need to be signed?
UCP 600 does not require a signature on the packing list unless the credit specifically requires one. However, a signed packing list carries more evidentiary weight.
4. What if the packing list is in a different language?
If the credit specifies a language, the packing list must comply. If the credit is silent, a packing list in any language is acceptable, provided the examining bank can verify its content.
5. How does the reimbursing bank treat packing list discrepancies?
The reimbursing bank does not examine the packing list. Under Article 37(c), it examines only the reimbursement authorization. If the nominated bank has declared compliance, the reimbursing bank must honor the request.
Source Notes
Context only — no primary source text was extracted for this guide. All references to UCP 600, ISBP 745, and Incoterms 2020 are based on the well-known published rules. Source URLs from the batch data point to ICC and ICC Academy publications: "UCP 600 - Uniform Rules and Practice for Documentary Credits" (ICC, 2023); "Certified UCP 600 Specialist (CUCP)" (ICC Academy, 2025); "Incoterms 2020" (ICC, 2023).
Article 37 requires the compliance declaration.
| Regulation | Article / Section | Requirement | Consequence |
|---|---|---|---|
| UCP 600 | Article 37 | Disclaimer for Acts of an Instructed Party | Binary determination (compliant/discrepant) |
| UCP 600 | Article 14 | Standard for Examination of Documents | Binary determination (compliant/discrepant) |
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Quick Reference Summary
- No reference captured.
Compliance Checklist
| ✓ What Banks Expect | ✗ What Beneficiaries Often Do Wrong |
|---|---|
| Missing Required Data | The credit requires the packing list to show "net weight, gross weight, and dimensions." The pack... |
| Weight Inconsistency | The packing list shows a gross weight of 5,000 kg, but the bill of lading shows 4,800 kg. Under A... |
| Incorrect Number of Packages | The packing list indicates 200 cartons, but the bill of lading shows 180 packages. The discrepanc... |
| Missing Packing List When Required | The credit explicitly requires a packing list, but the nominated bank accepts a presentation with... |
| Packing List Shows Damaged Goods | The packing list contains a notation that some packages were "repacked due to water damage." This... |
← Scroll horizontally to see all columns
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