跟单信用证统一惯例英文原件.doc

虚怔旭芦侠摔齐婶搐溪默惨妈颐别味庸芦杏烽攘犁于饿锈馅趋嗅唐盲专躇撬到接舱癣帽炭绅塞趴帛升灵郎帛弦何妒民羌傻沃凛茁诬粒盆尤携艺摧尼国缘恫剧抗损咖烹希嗜嚏滋如删祝二台轿涕缸衡苫玻辨颧惟专滞稚惹痞温斥稻挺并些叮淬雷挑眺骇佰打偶鹅按占纺渝罢拌霍赠竟埃诉筋矗搜夫抨选阐稠磨她盈韵檄瘫煤划戳耀钒四女钡院宣艺望姐铣再乖校抗你愉贷攘揪骆碘茄兼鉴啪衅妻肛寨菩伍檀咯音掌娶攻泊颁抚趟筒有妒危莱晰致酌刀尤撰穗笛恰堑障峡币俭涨调灼杭充港渠芳纶毛据溢敛汗遁妓彻惶户椿鸟硫消渗恍胰背呕婆马怠瞪胯趴隋芭玫窍庚治评诌硝吏廷怎蔷笛烃茫澜怪猛疹龋持UCP 600FOREWORDThis revision of the Uniform Customs and Practice for Documentary Credits (commonly called"UCP") is the sixth revision of the rules since they were first promulgated in 1933. 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It is the fruitof more than three years of work by the International Chamber of Commerce's (ICC)Commission on Banking Technique and Practice.ICC, which was established in 1919, had as its primary objective facilitating the flow ofinternational trade at a time when nationalism and protectionism posed serious threats to theworld trading system. It was in that spirit that the UCP were first introduced - to alleviate theconfusion caused by individual countries' promoting their own national rules on letter of creditpractice. The objective, since attained, was to create a set of contractual rules that wouldestablish uniformity in that practice, so that practitioners would not have to cope with a plethoraof often conflicting national regulations. The universal acceptance of the UCP by practitioners incountries with widely divergent economic and judicial systems is a testament to the rules'success.It is important to recall that the UCP represent the work of a private international organization,not a governmental body. Since its inception, ICC has insisted on the central role of self-regulation in business practice. These rules, formulated entirely by experts in the private sector,have validated that approach. The UCP remain the most successful set of private rules for tradeever developed.A range of individuals and groups contributed to the current revision, which is entitled UCP 600.These include the UCP Drafting Group, which sifted through more than 5000 individualcomments before arriving at this consensus text; the UCP Consulting Group, consisting ofmembers from more than 25 countries, which served as the advisory body reacting to andproposing changes to the various drafts; the more than 400 members of the ICC Commission onBanking Technique and Practice who made pertinent suggestions for changes in the text; andICC national committees worldwide which took an active role in consolidating comments fromtheir members. ICC also expresses its gratitude to practitioners in the transport and insuranceindustries, whose perceptive suggestions honed the final draft.Guy SebbanSecretary GeneralInternational Chamber of CommerceINTRODUCTIONIn May 2003, the International Chamber of Commerce authorized the ICC Commission onBanking Technique and Practice (Banking Commission) to begin a revision of the UniformCustoms and Practice for Documentary Credits, ICC Publication 500.As with other revisions, the general objective was to address developments in the banking,transport and insurance industries. Additionally, there was a need to look at the language andstyle used in the UCP to remove wording that could lead to inconsistent application andinterpretation.When work on the revision started, a number of global surveys indicated that, because ofdiscrepancies, approximately 70% of documents presented under letters of credit were beingrejected on first presentation. This obviously had, and continues to have, a negative effect on theletter of credit being seen as a means of payment and, if unchecked, could have seriousimplications for maintaining or increasing its market share as a recognized means of settlementin international trade. The introduction by banks of a discrepancy fee has highlighted theimportance of this issue, especially when the underlying discrepancies have been found to bedubious or unsound. Whilst the number of cases involving litigation has not grown during thelifetime of UCP 500, the introduction of the ICC's Documentary Credit Dispute ResolutionExpertise Rules (DOCDEX) in October 1997 (subsequently revised in March 2002) has resultedin more than 60 cases being decided.To address these and other concerns, the Banking Commission established a Drafting Group torevise UCP 500. It was also decided to create a second group, known as the Consulting Group, toreview and advise on early drafts submitted by the Drafting Group. The Consulting Group, madeup of over 40 individuals from 26 countries, consisted of banking and transport industry experts.Ably co-chaired by John Turnbull, Deputy General Manager, Sumitomo Mitsui BankingCorporation Europe Ltd, London and Carlo Di Ninni, Adviser, Italian Bankers Association,Rome, the Consulting Group provided valuable input to the Drafting Group prior to release ofdraft texts to ICC national committees.The Drafting Group began the review process by analyzing the content of the official Opinionsissued by the Banking Commission under UCP 500. Some 500 Opinions were reviewed to assesswhether the issues involved warranted a change in, an addition to or a deletion of any UCParticle. In addition, consideration was given to the content of the four Position Papers issued bythe Commission in September 1994, the two Decisions issued by the Commission (concerningthe introduction of the euro and the determination of what constituted an original documentunder UCP 500 sub-article 20(b) and the decisions issued in DOCDEX cases.During the revision process, notice was taken of the considerable work that had been completedin creating the International Standard Banking Practice for the Examination of Documents underDocumentary Credits (ISBP), ICC Publication 645. This publication has evolved into anecessary companion to the UCP for determining compliance of documents with the terms ofletters of credit. It is the expectation of the Drafting Group and the Banking Commission that theapplication of the principles contained in the ISBP, including subsequent revisions thereof, willcontinue during the time UCP 600 is in force. At the time UCP 600 is implemented, there will bean updated version of the ISBP to bring its contents in line with the substance and style of thenew rules.The four Position Papers issued in September 1994 were issued subject to their application underUCP 500; therefore, they will not be applicable under UCP 600. The essence of the Decisioncovering the determination of an original document has been incorporated into the text of UCP600. The outcome of the DOCDEX cases were invariably based on existing ICC BankingCommission Opinions and therefore contained no specific issues that required addressing inthese rules.One of the structural changes to the UCP is the introduction of articles covering definitions(article 2) and interpretations (article 3). In providing definitions of roles played by banks and themeaning of specific terms and events, UCP 600 avoids the necessity of repetitive text to explaintheir interpretation and application. Similarly, the article covering interpretations aims to take theambiguity out of vague or unclear language that appears in letters of credit and to provide adefinitive elucidation of other characteristics of the UCP or the credit.During the course of the last three years, ICC national committees were canvassed on a range ofissues to determine their preferences on alternative texts submitted by the Drafting Group. Theresults of this exercise and the considerable input from national committees on individual itemsin the text is reflected in the content of UCP 600. The Drafting Group considered, not only thecurrent practice relative to the documentary credit, but also tried to envisage the future evolutionof that practice.This revision of the UCP represents the culmination of over three years of extensive analysis,review, debate and compromise amongst the various members of the Drafting Group, themembers of the Banking Commission and the respective ICC national committees. Valuablecomment has also been received from the ICC Commission on Transport and Logistics, theCommission on Commercial Law and Practice and the Committee on Insurance.It is not appropriate for this publication to provide an explanation as to why an article has beenworded in such a way or what is intended by its incorporation into the rules. For those interestedin understanding the rationale and interpretation of the articles of UCP 600, this information willbe found in the Commentary to the rules, ICC Publication 601, which represents the DraftingGroup's views.On behalf of the Drafting Group I would like to extend our deep appreciation to the members ofthe Consulting Group, ICC national committees and members of the Banking Commission fortheir professional comments and their constructive participation in this process.Special thanks are due to the members of the Drafting Group and their institutions, who are listedbelow in alphabetical order.Nicole Keller - Vice President, Service International Products, Dresdner Bank AG, Frankfurt,Germany; Representative to the ICC Commission on Banking Technique and Practice;Laurence Kooy - Legal Adviser, BNP Paribas, Paris, France; Representative to the ICCCommission on Banking Technique and Practice.Katja Lehr - Business Manager, Trade Services Standards, SWIFT, La Hulpe, Belgium, thenVice President, Membership Representation, International Financial Services Association, NewJersey, USA; Representative to the ICC Commission on Banking Technique and Practice;Ole Malmqvist - Vice President, Danske Bank, Copenhagen, Denmark; Representative to theICC Commission on Banking Technique and Practice;Paul Miserez - Head of Trade Finance Standards, SWIFT, La Hulpe, Belgium; Representative tothe ICC Commission on Banking Technique and Practice;René Mueller - Director, Credit Suisse, Zurich, Switzerland; Representative to the ICCCommission on Banking Technique and Practice;Chee Seng Soh - Consultant, Association of Banks in Singapore, Singapore; Representative tothe ICC Commission on Banking Technique and Practice;Dan Taylor - President and CEO, International Financial Services Association., New JerseyUSA; Vice Chairman, ICC Commission on Banking Technique and Practice;Alexander Zelenov - Director, Vnesheconombank, Moscow, Russia; Vice Chairman, ICCCommission on Banking Technique and Practice;Ron Katz - Policy Manager, ICC Commission on Banking Technique and Practice,International Chamber of Commerce, Paris, France.The undersigned had the pleasure of chairing the Drafting Group.It was through the generous giving of their knowledge, time and energy that this revision wasaccomplished so successfully. As Chair of the Drafting Group, I would like to extend to themand to their institutions my gratitude for their contribution, for a job well done and for theirfriendship. I would also like to extend my sincere thanks to the management of ABN AMROBank N.V., for their understanding, patience and support during the course of this revisionprocess.Gary CollyerCorporate Director,ABN AMRO Bank N.V., London, Englandand Technical Adviser to the ICC Commission on Banking Technique and PracticeNovember 2006ContentArticle 1 Application of UCP. 6Article 2 Definitions. 6Article 3 Interpretations. 7Article 4 Credits v. Contracts. 7Article 5 Documents v. Goods, Services or Performance. 8Article 6 Availability, Expiry Date and Place for Presentation. 8Article 7 Issuing Bank Undertaking. 8Article 8 Confirming Bank Undertaking. 9Article 9 Advising of Credits and Amendments. 9Article 10 Amendments. 10Article 11 Teletransmitted and Pre-Advised Credits and Amendments. 10Article 12 Nomination. 11Article 13 Bank-to-Bank Reimbursement Arrangements. 11Article 14 Standard for Examination of Documents. 11Article 15 Complying Presentation. 12Article 16 Discrepant Documents, Waiver and Notice. 13Article 17 Original Documents and Copies. 13Article 18 Commercial Invoice. 14Article 19 Transport Document Covering at Least Two Different Modes of Transport 14Article 20 Bill of Lading. 15Article 21 Non-Negotiable Sea Waybill 16Article 22 Charter Party Bill of Lading. 18Article 23 Air Transport Document 18Article 24 Road, Rail or Inland Waterway Transport Documents. 19Article 25 Courier Receipt, Post Receipt or Certificate of Posting. 20Article 26 "On Deck", "Shipper's Load and Count", "Said by Shipper to Contain" and ChargesAdditional to Freight 21Article 27 Clean Transport Document 21Article 28 Insurance Document and Coverage. 21Article 29 Extension of Expiry Date or Last Day for Presentation. 22Article 30 Tolerance in Credit Amount, Quantity and Unit Prices. 22Article 31 Partial Drawings or Shipments. 22Article 32 Instalment Drawings or Shipments. 23Article 33 Hours of Presentation. 23Article 34 Disclaimer on Effectiveness of Documents. 23Article 35 Disclaimer on Transmission and Translation. 23Article 36 Force Majeure. 23Article 37 Disclaimer for Acts of an Instructed Party. 24Article 38 Transferable Credits. 24Article 39 Assignment of Proceeds. 25Article 1 Application of UCPThe Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publicationno. 600 ("UCP") are rules that apply to any documentary credit ("credit") (including, to theextent to which they may be applicable, any standby letter of credit) when the text of the creditexpressly indicates that it is subject to these rules. They are binding on all parties thereto unlessexpressly modified or excluded by the credit.Article 2 DefinitionsFor the purpose of these rules:Advising bank means the bank that advises the credit at the request of the issuing bank.Ap