Fraudulent transport documents under the UCP : Controversies and possible solutions

Sa？etak There is an issue that has been neglected by all leading texts on the documentary credits: deficiencies in the Uniform Customs and Practices on Documentary Credits (UCP) provisions regarding transport documents. This text will attempt to demonstrate that the UCP600 definition of ‘’clean’’ bill of lading and the effect given to the ‘’said to contain’’ type of clauses involve two controversies: they contravene the corresponding provisions of the legal regime governing carriage of goods by sea and they may also contribute to documentary fraud. The primary objective of this paper is to highlight the potential problems that may arise from the UCP in light of the risk of documentary fraud arising from those discrepancies and will propose solutions of those problems. The paper will conclude by taking a stance regarding the need to regulate fraud in the next revision of the UCP