跟单信用证统一惯例（UCP600）于强 2006年11月杭州.

跟单信用证统一惯例（UCP600）于强 2006年11月杭州

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主要内容 UCP600产生的背景及过程 UCP600与UCP500的比较分析 UCP600实施后对于不同当事人的影响 UCP600实施后出口商制单须注意的问题 UCP600实施后开证行拒付及拒付后单据的处理 2019/1/1 Copyright Reserved

UCP600产生的背景及过程《信用证统一惯例》修订进程的“十年之痒”—— 1933年国际商会第82号出版物 1952年国际商会第151号出版物 1962年国际商会第222号出版物 1973年国际商会第290号出版物 1983年国际商会第400号出版物 1993年国际商会第500号出版物（仍在实施中） 2006年国际商会第600号出版物（计划于2007年7月实施） 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 UCP600修订的背景自UCP500生效以来，银行实务中围绕500产生的争议层出不穷*。为此，ICC于2002年初成立UCP修订工作小组，提出修订UCP500的动议。国际商会有关UCP500的系列出版物 Position Paper No.1,2,3,4 （修改/议付/非单据化条件/运输单据） Publication No.515/535/565/596 URR525/ISP98/ISBP/Eucp *国际商会银行技术委员会遗憾而且关切地注意到，在UCP500实施以后，一些银行错误地解释和应用UCP500的一些条文。由于未能正确地运用这些条文，其结果严重防碍了按照UCP500开立的跟单信用证的使用。（Charles del Bush—Chairman, ICC Commission on Banking Technique and Practice. Adopted from Foreword of Position Paper 1,2,3,4） 2019/1/1 Copyright Reserved

UCP600产生的背景及过程在2002年4月的ICC银行委员会会议上，各国代表对何时、如何修订UCP500未达成一致意见（我国赞成立即开始修订），但一致同意先对产生最多争议的七个条款进行评议。因为ICC提出的专家意见中超过58％集中在UCP500这七个条款上。 2019/1/1 Copyright Reserved

UCP600产生的背景及过程在2002年10月ICC银行委员会会议上，银行委员会技术顾问GARY COLLYER提供了一份评议七条条款的报告：第九条 – 开证行与保兑行的责任（共二十六次）第十三条 – 审核单据的标准（共四十三次）第十四条 – 不符点单据与通知（共六十次）第二十一条 – 对单据出单人或单据内容未作规定（共二十九次）第二十三条 – 海运提单（共四十七次）第三十七条 – 商业发票（共二十六次）第四十八条 – 可转让信用证（共三十一次） 2019/1/1 Copyright Reserved

UCP600产生的背景及过程多份研究报告显示，高比例、高频率发生的信用证拒付现象日益危机信用证在国际结算中的地位。 IN THE EVENT THAT THE DOCUMENTS PRESENTED WITH DISCREPANCY, A DISCREPANT FEE OF USD60.00 OR EQUIVALENT WILL BEN DEDUCTED FROM THE PROCEEDS. 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 From Introduction of UCP500：单据不符是信用证支付方式下一种极为普遍的现象，从1993年修订的《跟单信用证统一惯例》的前言可以看出：“一些调查表明，大约5％跟单信用证下的单据因与信用证不符或表面不符而被拒收，这降低了跟单信用证的效力，对参与有关产品交易的各方产生财务影响，增加了成本，减少了进口商、出口商和银行的利润。有关跟单信用证的诉讼案激增也引起了人们极大的关注。” 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 From Introduction of UCP600：When work on the revision started, a number of global surveys indicated that, because of discrepancies, approximately 70% of documents presented under letters of credit were being rejected on first presentation. This obviously had, and continues to have, a negative effect on the letter of credit being seen as a means of payment and, if unchecked, could have serious implications for maintaining or increasing its market share as a recognized means of settlement in international trade. 结论：信用证正日益成为拒付的工具。 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 UCP600修订的过程 2003年5月，ICC正式授权ICC银行委员会启动UCP500修订工作修订工作的三层组织架构： The drafting Group （起草小组） The Consulting Group （咨询小组） ICC national committees （国家委员会） 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 The drafting Group小组成员共10位成员，其中8位来自欧洲，其余两位分别来自美国和新加坡小组主席：Gary Collyer--ABN AMRO Bank N.V., London, England The Consulting Group小组成员小组由来自26个国家的40余位专业人士组成小组成员来自银行、运输及物流、保险等不同行业 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 UCP600修订的过程 FIRST STEP---REVISION PROCESS：全面回顾UCP500实施以来ICC发布的各类出版物、意见书及决定，吸收其中的合理条款。关于正本单据关于开证申请人与受益人详细地址关于预装船提单装运日期的确认 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 SECOND STEP---GENERAL OBJECTIVE：全面反映近年来国际银行业、运输业和保险业出现的变化，并体现一定的前瞻性；五个银行工作日删除了运输行单据条款明确了保险单据可以由代理人（proxies）出具 2019/1/1 Copyright Reserved

UCP600产生的背景及过程全面检讨UCP500中的条款结构和文字措辞。从A组到G组分类的模块式组合到流水式条款通俗易懂、简约化的措辞 Nominated bank means the bank authorized in the credit to honour or negotiate or, in the case of a freely available credit, any bank. (UCP Draft June) Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank. (UCP Final Version) 2019/1/1 Copyright Reserved

UCP600产生的背景及过程 THIRD STEP---CO-OPERATION：建立稳定的三级合作机制 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, the members of the Banking Commission and the respective ICC national committees. ——From Gary Collyer 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析第一次系统地对有关信用证的14个概念进行了定义 Advising bank Applicant Banking day Beneficiary Complying presentation Confirmation Confirming bank Credit Honour Issuing bank Negotiation Nominated bank Presentation Presenter 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Article 2 Definitions For the purpose of these rules: Advising bank means the bank that advises the credit at the request of the issuing bank. Applicant means the party on whose request the credit is issued. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Banking day means a day on which a bank is regularly open at the place at which an act subject to these rules is to be performed. Beneficiary means the party in whose favour a credit is issued. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Complying presentation means a presentation that is in accordance with the terms and conditions of the credit, the applicable provisions of these rules and international standard banking practice. Confirmation means a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a complying presentation. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Confirming bank means the bank that adds its confirmation to a credit upon the issuing bank’s authorization or request. Credit means any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Honour means: a.to pay at sight if the credit is available by sight payment. b.to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. c.to accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2019/1/1 Copyright Reserved

Article 19. Bank-to-Bank Reimbursement Arrangements a. If an Issuing Bank intends that the reimbursement to which a paying, accepting or negotiating bank is entitled, shall be obtained by such bank (the "Claiming Bank"), claiming on another party ( the"Reimbursing Bank"), it shall provide such Reimbursing Bank in good time with the proper instructions or authorization to honour such reimbursement claims. (UCP500) 第十九条银行间的偿付约定 a．开证行如欲通过另一银行（偿付行）对付款行、承兑行或议付行（均称“索偿行”）履行偿付时，开证行应及时向偿付行发出对此类索偿予以偿付的适当指示或授权。 2019/1/1 Copyright Reserved

hono(u)r 《英汉简明辞典》 n.尊敬, 敬意, 荣誉, 光荣 vt.尊敬, 给以荣誉《现代英汉综合大辞典》 vt.给...以光荣; 礼遇; 赐给尊敬; 崇拜【商】承兑; 兑现 hono(u)r a check 承兑支票 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Honour means: a.to pay at sight if the credit is available by sight payment. b.to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. c.to accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Issuing bank means the bank that issues a credit at the request of an applicant or on its own behalf. Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析关于议付 UCP500 Article 10 （信用证的种类） Negotiation means the giving of value for Draft(s) and/or document(s) by the bank authorized to negotiate. Mere examination of the documents without giving of value does not constitute a negotiation. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 UCP500 Article 9 （开证行与保兑行的责任） An irrevocable Credit constitutes a definite undertaking of the Issuing Bank, provided that the stipulated documents are presented to the Nominated Bank or to the Issuing Bank and that the terms and conditions of the Credit are complied with: If the Credit provides for negotiation to pay without recourse to drawers and/or bona fide holders, Draft(s) drawn by the Beneficiary and/or document(s) presented under the Credit 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 ICC Position Paper No 2 （第二号意见书） The Banking Commission wishes to clarify that for the purposes of UCP 500, the phrase 'giving of value' in sub-Article 10(b)(ii) may be interpreted as either 'making immediate payment' (e.g. by cash, by cheque, by remittance through a Clearing System or by credit to an account) or 'undertaking an obligation to make payment' (other than giving a deferred payment undertaking or accepting a draft). 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 ICC Publication No.459：关于追索权议付行在任何情况下均享有追索权，除非该行保兑了信用证（The Commission finally decided to make a distinction between credits available through payment and credit available through negotiation. As to the former ( available through payment),any recourse by the advising bank vis-à-vis the beneficiary was to be excluded if it had not expressed a reservation when making its payment. As to the latter credits ( available through negotiation), the advising bank always had a right of recourse, unless it had confirmed the credit.） 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 ICC Publication No.596 R259：议付的追索权银行提供议付时所要求的条件，即是否保留追索权，不能由ICC来裁定。那些条件取决于当地法律及议付行与出口商之间的关系。应由受益人来决定是否接受那些条件并在“保留追索”的条件下取得款项。在这些情况下，受益人最好使信用证可自由议付，以使他们能够把单据提交给一家一旦接受单据将始终信守决定的被指定银行。 2019/1/1 Copyright Reserved

案例研讨主证开证行：国内A银行主证受益人：嘉陵公司（香港）主证交单行、背对背信用证开证行：R银行香港分行背对背信用证议付行： STANDARD CHARTERED BANK MALAYSIA BERHAD 2019/1/1 Copyright Reserved

背景 99年10月26日，A开立信用证号为LCXXXX152/99，金额为USD1,400,000.00，受益人为“嘉陵公司”，信用证的付款期限为见票后85 天，适用任何银行自由议付 10月29日，嘉陵公司凭上述信用证向R申请开立背对背信用证，证号为ILC90512，受益人为 “Shin Yang公司”，金额为USD1,315,000.00，期限为即期，自由议付信用证通过马来西亚渣打银行通知受益人 2019/1/1 Copyright Reserved

11月9日，嘉陵公司向R银行提交主证项下全套单据，金额为USD1,401,495.42，期限为85 days sight，并指示R银行：“Please negotiate the above bill and pay our import bill under your L/C No. ILC90512 favouring Shin Yang Trading Sdn., Bhd. for USD1,316,404.63” 2019/1/1 Copyright Reserved

交单 11月12日，R银行将主证项下单据以快邮方式寄给A银行，其面函上声明：我行已议付单据 11月19日，R银行汇出USD1,316,344.63给渣打银行，完成了其背对背信用证项下的付款 2019/1/1 Copyright Reserved

拒付 11月15日，A银行收到R银行提交的单据 11月22日， A银行发出拒付，理由：产地证系由受益人出具、经当地商会加签的，并非信用证中要求的由当地商会出具。同时声明：“保留单据听候处理，一旦申请人接受不符点即放单，除非在此之前收到相反的指示。” 2019/1/1 Copyright Reserved

中止付款 11月23日， A银行收到法院的《协助执行通知书》，以受益人嘉陵公司提交的不是主证项下的单据涉嫌欺诈为由，要求A银行：查封、扣押LCXXXX152/99信用证项下所有单据停止支付LCXXXX152/99信用证项下款项 A银行当日将该情况通知R银行 2019/1/1 Copyright Reserved

交涉 11月24日，R银行致电A银行，称其所递交的单据已符合信用证条款，同时声明：作为议付行，即使在发生欺诈的情况下，也有权要求A银行偿付 A银行以如下理由坚持拒付：不符点成立；否认R银行的议付行地位，认为其只是履行背对背信用证项下义务而已凭法院的止付令 2019/1/1 Copyright Reserved

1999年11月19日，R银行于支付给渣打银行的款项只是履行了其第ILC90512号背靠背信用证项下的付款义务 R银行向A银行提交单据的行为应认定为委托寄单索汇，也就是说，R银行所处的地位只是托收行。因此，止付裁定并未损害R银行作为托收银行的相关利益 2019/1/1 Copyright Reserved

诉讼 2001年9月10日，R银行在香港正式起诉A银行。该案于2004年5月在香港高等法院开庭审理，第一审判A银行胜诉。 R银行未提起上诉 2019/1/1 Copyright Reserved

判决 A银行所提的不符点不成立，且拒付通知也不符合UCP500第14条的规定 R银行的议付行地位不成立，其只能作为嘉陵公司的委托寄单行，因此，R银行无权向A银行主张要求获得赔偿的权利 R银行没有对单据做无追索的买断，尽管R银行在其1999年11月12日的面函中声称其已议付该单据，但实际上当天并未发生任何支付行为 2019/1/1 Copyright Reserved

R银行于1999年11月19日向其背靠背信用证受益人所支付的金额为USD1,316,344.63的款项只是解除了其背靠背信用证项下自身的付款责任，并不是对主证项下单据的议付行为。因为，R银行并未对主证项下单据向嘉陵公司做出扣除银行费用、融资利息后的全额款项，即USD1,401,495.42 R银行并未向嘉陵公司的帐户支付任何款项，而金额为USD1,316,344.63的款项并未先贷记嘉陵公司的帐户，而是直接用于支付背靠背信用证项下的支款金额为USD1,316,344.63的融资，R银行是作为进口融资而不是出口融资记录在册的 2019/1/1 Copyright Reserved

议付的构成要件议付的时间议付的金额 2019/1/1 Copyright Reserved

议付定义的演变 UCP500：Negotiation means the giving of value for Draft(s) and/or document(s) by the bank authorized to negotiate. Mere examination of the documents without giving of value does not constitute a negotiation. UCP600：Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank. 2019/1/1 Copyright Reserved

单证实务：信用证中规定：THE AMOUNT OF THE INVOICES AND/OR DRAFT(S) MUST BE ENDORSED ON THE REVERSE OF THIS CREDIT。问：银行能否凭副本信用证为受益人办理议付/交单？答案：可以/不可以。 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank. Presentation means either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered. Presenter means a beneficiary, bank or other party that makes a presentation. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析删除了那些表达不确切、内容已过时及与国际贸易实务相脱节的条款条款总数由UCP500的49条缩减为39条，且不再分类删除了信用证“可撤销”的概念(Art.6 of UCP500) 删除了运输行单据条款(Art.39 of UCP500) 删除了运输单据之“不得含有载运船只仅以风帆为动力的批注” (Art.23 of UCP500) 删除了运输单据之额外费用的列举条款(Art.33 of UCP500) 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析确立了新的国际结算实务操作标准银行审核单据的时间缩短为5天 A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is complying. 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析明确了受益人对修改保持沉默不等于接受修改 A provision in an amendment to the effect that the amendment shall enter into force unless rejected by the beneficiary within a certain time shall be disregarded.(Art.10) 2019/1/1 Copyright Reserved

实务：MT700/47A IN CASE AMENDMENT(S) HAVE BEEN ISSUED UNDER THE L/C, A BENEFICIARY’S CERTIFICATE IS TO BE PRESENTED MENTIONING THIS L/C NUMBER, LISTING THE AMENDMENT(S) RECEIVED AND CONFIRMING ACCEPTANCE OR REJECTION OF THE AMENDMENT(S) IN A MANNER NOT INCONSISTENT WITH ANY PREVIOUS NOTIFICATION GIVEN BY THE BENEFICIARY BEFORE 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析增加了实务操作性条款即使单据遗失，开证行也必须付款 Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a complying presentation, the issuing bank must honour (Art.7) An issuing bank is irrevocably bound to honour as of the time it issues the credit. (Art.7) An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the issuing bank. (Art.7) 2019/1/1 Copyright Reserved

An irrevocable Credit constitutesd a definite undertaking or the issuing Bank, provided that the stipulated documents are presented to the Nominated Bank or to the Issuing Bank and that the terms and conditions of the Credit are complied with(Art.9 of UCP500) 如果发送单证相符单据给开证行的银行是一家被指定银行，而单据在途中遗失，那么开证行有责任付款，前提是单据以信用证规定的方式寄送，即当信用证规定为挂号邮寄时，单据要按那种方式寄送，而不是通过快递公司。以非信用证所要求的方式寄送单据的风险有被指定银行承担，而不是受益人承担。（ICC632/R429） 2019/1/1 Copyright Reserved

If a nominated bank determines that a presentation is complying and forwards the documents to the issuing bank or confirming bank, whether or not the nominated bank has honoured or negotiated, an issuing bank or confirming bank must honour or negotiate, or reimburse that nominated bank, even when the documents have been lost in transit between the nominated bank and the issuing bank or confirming bank, or between the confirming bank and the issuing bank.(Art.35) 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析拒付电增加了“持单至申请人放弃不付点”的选择 the issuing bank is holding the documents until it receives a waiver from the applicant and agrees to accept it, or receives further instructions from the presenter prior to agreeing to accept a waiver (Art.16) 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析建立了“单据必须满足其功能”的标准 If a credit requires presentation of a document other than a transport document, insurance document or commercial invoice, without stipulating by whom the document is to be issued or its data content, banks will accept the document as presented if its content appears to fulfil the function of the required document and otherwise complies with sub-article 14 (d ). 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 When documents other than transport documents, insurance documents and commercial invoices are called for, the Credit should stipulate by whom such documents are to be issued and their wording or data content. If the Credit does not so stipulate, banks will accept such documents as presented, provided that their data content is not inconsistent with any other stipulated document presented. (Art.21 of UCP500) 当要求提供运输单据、保险单据和商业发票以外的单据时，信用证中应规定该单据的出票人及其措辞或内容。如信用证对此未作规定，只要所提交单据的内容与提交的其它规定单据不矛盾，银行将接受此类单据。（第21条） 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析明确开证行可以作为转让行转让自己开立的信用证 Transferring bank means a nominated bank that transfers the credit or, in a credit available with any bank, a bank that is specifically authorized by the issuing bank to transfer and that transfers the credit. An issuing bank may be a transferring bank.(Art.38) 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析措辞更为简洁、严格、清晰、与时俱进关于简洁 If the bill of lading contains the indication “intended vessel”, or similar qualification in relation to the vessel, loading on board a named vessel must be evidenced by an on board notation on the bill of lading which, in addition to the date on which the goods have been loaded on board, also includes the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named as the “intended vessel”.(Art.24 of UCP500) [字符数（不计空格）360] 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析 If the bill of lading contains the indication “intended vessel” or similar qualification in relation to the name of the vessel, an on board notation indicating the date of shipment and the name of the actual vessel is required. (Art.20 of UCP600) [字符数（不计空格）189] 2019/1/1 Copyright Reserved

UCP600与UCP500的比较分析关于严格拒付通知的格式及内容：A single notice 关于清晰措辞“and/or”修订为 “or”，单、复数同义 Where applicable, words in the singular include the plural and in the plural include the singular. (Art.3) 关于与时俱进银行对因遭受恐怖袭击(acts of terrorism)导致银行停业所造成后果的免责删除了信用证“可撤销”的概念：A credit is irrevocable even if there is no indication to that effect. (Art.3) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Advising bank Applicant Beneficiary Confirming bank Issuing bank Nominated bank Presenter 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响对申请人 Applicant means the party on whose request the credit is issued.（Art. 2） 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit by its nature is a separate transaction from the sale or other contract on which it may be based. … the undertaking of a bank to honour, to negotiate or to fulfil any other obligation under the credit is not subject to claims or defences by the applicant resulting from its relationships with the issuing bank or the beneficiary. (Art. 4) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank. (Art.4) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 An issuing bank should discourage any attempt by the applicant to include, as an integral part of the credit, copies of the underlying contract, proforma invoice and the like. (Art.4) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit must not be issued available by a draft drawn on the applicant. (Art.6) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 When the addresses of the beneficiary and the applicant appear in any stipulated document, they need not be the same as those stated in the credit or in any other stipulated document, but must be within the same country as the respective addresses mentioned in the credit. Contact details (telefax, telephone, and the like) stated as part of the beneficiary’s and the applicant’s address will be disregarded. However, when the address and contact details of the applicant appear as part of the consignee or notify party details on a transport document subject to articles 19, 20, 21, 22, 23, 24 or 25, they must be as stated in the credit. (Art.14) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 When an issuing bank determines that a presentation does not comply, it may in its sole judgement approach the applicant for a waiver of the discrepancies. This does not, however, extend the period mentioned in sub-article 14 (b). (Art.16) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A commercial invoice…must be made out in the name of the applicant (except as provided in sub-article 38 (g))(Art.18) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A bank utilizing the services of another bank for the purpose of giving effect to the instructions of the applicant does so for the account and at the risk of the applicant.(Art.37) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响对开证行 Issuing bank means the bank that issues a credit at the request of an applicant or on its own behalf.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响案例：中国银行香港分行诉香港建新银行案基本案情介绍： 1998年7月3日，香港建新银行（以下称JSB）根据新远贸易公司的申请，开出以南北行（以下称NPH）为受益人的90天远期承兑信用证； 1998年7月14日，受益人NPH向中国银行香港分行（以下称BOC）交单并申请融资，BOC于同日将单据寄往JSB银行收款； 1998年7月23日，JSB银行向BOC发出承兑通知，到期日为1998年10月15日。 BOC收到承兑通知后，于同日为受益人NPH办理贴现。 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响事后，进口商在提货时发现提单系伪造，提单表面显示的2万吨燃料油实际装运数量只有3千吨。为此，进口商立即向开证行JSB提出拒付并以单据欺诈为由向法院申请止付令；贴现行BOC对此做出的反应是于1998年10月26日向开证行JSB正式发出律师函，并向香港高等法院提出诉讼，起诉开证行及开证申请人。问题：谁将胜诉？ 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响判决：经过数次开庭审理，法院最终裁定共同被告方JSB银行与新远贸易公司败诉，须赔付原告BOC贴现本金及诉讼及执行期间的利息，并负担全部诉讼费用。本判决再一次验证了贸易欺诈诉讼不得对抗在不知情条件下议付票据的“善意第三方”（即议付行）的法律原则。在此案的法庭判词中，William Stone法官做出如下的判决： ……I have no hesitation in deciding that JSB, the defendant herein, must succeed in its claim for indemnification by Xinyuan against the claim of BOC, JSB's liability to BOC having been earlier established. I so order. I will hear counsel on the precise form of the Order, together with argument on interest and costs…… 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 An issuing bank should discourage any attempt by the applicant to include, as an integral part of the credit, copies of the underlying contract, proforma invoice and the like.(Art.4) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit must state the bank with which it is available or whether it is available with any bank. A credit available with a nominated bank is also available with the issuing bank. （Art.6) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 The place of the bank with which the credit is available is the place for presentation. The place for presentation under a credit available with any bank is that of any bank. A place for presentation other than that of the issuing bank is in addition to the place of the issuing bank. (Art.6) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 When an issuing bank determines that a presentation is complying, it must honour.(Art.15) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Article 7 Issuing Bank Undertaking a. Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a complying presentation, the issuing bank must honour if the credit is available by: 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 i. sight payment, deferred payment or acceptance with the issuing bank; ii. sight payment with a nominated bank and that nominated bank does not pay; iii. deferred payment with a nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity; iv. acceptance with a nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity; v. negotiation with a nominated bank and that nominated bank does not negotiate. 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 b. An issuing bank is irrevocably bound to honour as of the time it issues the credit. c. An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the issuing bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether or not the nominated bank prepaid or purchased before maturity. An issuing bank's undertaking to reimburse a nominated bank is independent of the issuing bank’s undertaking to the beneficiary. 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 If a bank is authorized or requested by the issuing bank to confirm a credit but is not prepared to do so, it must inform the issuing bank without delay and may advise the credit without confirmation. (Art.8) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Except as otherwise provided by article 38, a credit can neither be amended nor cancelled without the agreement of the issuing bank, the confirming bank, if any, and the beneficiary.(Art.10) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 An issuing bank is irrevocably bound by an amendment as of the time it issues the amendment. A confirming bank may extend its confirmation to an amendment and will be irrevocably bound as of the time it advises the amendment. A confirming bank may, however, choose to advise an amendment without extending its confirmation and, if so, it must inform the issuing bank without delay and inform the beneficiary in its advice. (Art.10) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 If a credit states that charges are for the account of the beneficiary and charges cannot be collected or deducted from proceeds, the issuing bank remains liable for payment of charges.(Art.37) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 c.An advising bank may utilize the services of another bank (“second advising bank”) to advise the credit and any amendment to the beneficiary. By advising the credit or amendment, the second advising bank signifies that it has satisfied itself as to the apparent authenticity of the advice it has received and that the advice accurately reflects the terms and conditions of the credit or amendment received. d.A bank utilizing the services of an advising bank or second advising bank to advise a credit must use the same bank to advise any amendment thereto. e.If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit, amendment or advice has been received. 2019/1/1 Copyright Reserved

If a nominated bank determines that a presentation is complying and forwards the documents to the issuing bank or confirming bank, whether or not the nominated bank has honoured or negotiated, an issuing bank or confirming bank must honour or negotiate, or reimburse that nominated bank, even when the documents have been lost in transit between the nominated bank and the issuing bank or confirming bank, or between the confirming bank and the issuing bank.(Art.35) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响对通知行 Advising bank means the bank that advises the credit at the request of the issuing bank.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Article 9 Advising of Credits and Amendments a.A credit and any amendment may be advised to a beneficiary through an advising bank. An advising bank that is not a confirming bank advises the credit and any amendment without any undertaking to honour or negotiate. b.By advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received. 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 f. If a bank is requested to advise a credit or amendment but cannot satisfy itself as to the apparent authenticity of the credit, the amendment or the advice, it must so inform, without delay, the bank from which the instructions appear to have been received. If the advising bank or second advising bank elects nonetheless to advise the credit or amendment, it must inform the beneficiary or second advising bank that it has not been able to satisfy itself as to the apparent authenticity of the credit, the amendment or the advice. 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 An issuing bank or advising bank assumes no liability or responsibility should the instructions it transmits to another bank not be carried out, even if it has taken the initiative in the choice of that other bank.(Art.37) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit or amendment should not stipulate that the advising to a beneficiary is conditional upon the receipt by the advising bank or second advising bank of its charges.(Art.37) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响对保兑行 Confirming bank means the bank that adds its confirmation to a credit upon the issuing bank’s authorization or request.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Banco Santander S.A. V. Banque Paribas 原告：Banco Santander （保兑行）被告：Banque Paribas（开证行） 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响背景 Paribas开立了一份金额为USD18,500,000.00的跟单信用证。该证规定“由开证行办理延期付款”，期限为提单日后180天 Santander通知该证，并根据开证行的请求对信用证加具了保兑随后，受益人提交了证下单据, 经审核，Santander银行接受了单据，确定到期日为1998年11月27日根据与受益人签订的有关协议，Santander银行凭一份款项让渡书贴现了远期付款款项贴现后不久，受益人被指控欺诈。开证行在到期日拒绝偿付保兑行，理由是：在到期日前发现了欺诈经交涉无果，保兑行起诉开证行，要求开证行履行偿付责任 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响调查欺诈确定成立 Santander银行在保兑信用证及贴现有关单据时不知悉欺诈存在保兑行和开证行均是在到期日前获悉欺诈问题：谁将胜诉？ 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响法官意见在受益人欺诈成立，且在到期日之前保兑行已知悉欺诈的前提下，风险应由保兑行而非开证行承担在一份保兑信用证中，开证行对保兑行做出的基本授权是：到期付款。开证行相应的偿付责任是：到期偿付。如果在到期前确定发生欺诈，那么保兑行则不再承担付款责任，开证行亦不承担偿付责任不可撤销延期付款信用证的开证行，可以受益人欺诈为由拒绝对保兑行偿付；尽管在欺诈发现之前保兑行已接受了单据并对受益人进行了付款，开证行仍然有权采取拒付行动 Santander败诉，Santander无权要求开证行予以偿付问题：延期付款信用证项下，出口地银行是否可以向受益人融资？ 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 When a confirming bank determines that a presentation is complying, it must honour or negotiate and forward the documents to the issuing bank. (Art.15) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Article 8 Confirming Bank Undertaking a.Provided that the stipulated documents are presented to the confirming bank or to any other nominated bank and that they constitute a complying presentation, the confirming bank must: 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 i. honour, if the credit is available by a. sight payment, deferred payment or acceptance with the confirming bank; b. sight payment with another nominated bank and that nominated bank does not pay; c. deferred payment with another nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity; d. acceptance with another nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity; e. negotiation with another nominated bank and that nominated bank does not negotiate. 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 ii.negotiate, without recourse, if the credit is available by negotiation with the confirming bank. b. A confirming bank is irrevocably bound to honour or negotiate as of the time it adds its confirmation to the credit. c. A confirming bank undertakes to reimburse another nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the confirming bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether or not another nominated bank prepaid or purchased before maturity. A confirming bank's undertaking to reimburse another nominated bank is independent of the confirming bank’s undertaking to the beneficiary. d. If a bank is authorized or requested by the issuing bank to confirm a credit but is not prepared to do so, it must inform the issuing bank without delay and may advise the credit without confirmation. 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Except as otherwise provided by article 38, a credit can neither be amended nor cancelled without the agreement of the issuing bank, the confirming bank, if any, and the beneficiary. (Art.10) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 An issuing bank is irrevocably bound by an amendment as of the time it issues the amendment. A confirming bank may extend its confirmation to an amendment and will be irrevocably bound as of the time it advises the amendment. A confirming bank may, however, choose to advise an amendment without extending its confirmation and, if so, it must inform the issuing bank without delay and inform the beneficiary in its advice. (Art.10) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响对受益人 Beneficiary means the party in whose favour a credit is issued.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Honour means: a.to pay at sight if the credit is available by sight payment. b.to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. c.to accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Presenter means a beneficiary, bank or other party that makes a presentation.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Terms such as "first class", "well known", "qualified", "independent", "official", "competent" or "local" used to describe the issuer of a document allow any issuer except the beneficiary to issue that document.(Art.3) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank.(Art.4) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Except as provided in sub-article 29 (a), a presentation by or on behalf of the beneficiary must be made on or before the expiry date. (Art.6) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Except as otherwise provided by article 38, a credit can neither be amended nor cancelled without the agreement of the issuing bank, the confirming bank, if any, and the beneficiary.(Art.10) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 The terms and conditions of the original credit (or a credit incorporating previously accepted amendments) will remain in force for the beneficiary until the beneficiary communicates its acceptance of the amendment to the bank that advised such amendment. The beneficiary should give notification of acceptance or rejection of an amendment. If the beneficiary fails to give such notification, a presentation that complies with the credit and to any not yet accepted amendment will be deemed to be notification of acceptance by the beneficiary of such amendment. As of that moment the credit will be amended.(Art.10) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A provision in an amendment to the effect that the amendment shall enter into force unless rejected by the beneficiary within a certain time shall be disregarded.(Art.10) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A reimbursing bank's charges are for the account of the issuing bank. However, if the charges are for the account of the beneficiary, it is the responsibility of an issuing bank to so indicate in the credit and in the reimbursement authorization. If a reimbursing bank's charges are for the account of the beneficiary, they shall be deducted from the amount due to a claiming bank when reimbursement is made. If no reimbursement is made, the reimbursing bank's charges remain the obligation of the issuing bank.(Art.13) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A presentation including one or more original transport documents subject to articles 19, 20, 21, 22, 23, 24 or 25 must be made by or on behalf of the beneficiary not later than 21 calendar days after the date of shipment as described in these rules, but in any event not later than the expiry date of the credit.(Art.14) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 When the addresses of the beneficiary and the applicant appear in any stipulated document, they need not be the same as those stated in the credit or in any other stipulated document, but must be within the same country as the respective addresses mentioned in the credit. Contact details (telefax, telephone, and the like) stated as part of the beneficiary’s and the applicant’s address will be disregarded. However, when the address and contact details of the applicant appear as part of the consignee or notify party details on a transport document subject to articles 19, 20, 21, 22, 23, 24 or 25, they must be as stated in the credit.(Art.14) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 The shipper or consignor of the goods indicated on any document need not be the beneficiary of the credit.(Art.14) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A commercial invoice: i. must appear to have been issued by the beneficiary (except as provided in article 38).(Art.18) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit or amendment should not stipulate that the advising to a beneficiary is conditional upon the receipt by the advising bank or second advising bank of its charges.(Art.37) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Transferable credit means a credit that specifically states it is “transferable”. A transferable credit may be made available in whole or in part to another beneficiary (“second beneficiary”) at the request of the beneficiary (“first beneficiary”). (Art.38) A Credit can be transferred only if it is expressly designated as "transferable" by the Issuing Bank. Terms such as "divisible," "fractionable," "assignable," and "transmissible" do not render the Credit transferable. If such terms are used they shall be disregarded.(Art.48 UCP500) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Transferred credit means a credit that has been made available by the transferring bank to a second beneficiary.(Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Unless otherwise agreed at the time of transfer, all charges (such as commissions, fees, costs or expenses) incurred in respect of a transfer must be paid by the first beneficiary.(Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit may be transferred in part to more than one second beneficiary provided partial drawings or shipments are allowed.(Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit may be transferred in part to more than one second beneficiary provided partial drawings or shipments are allowed. (Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A transferred credit cannot be transferred at the request of a second beneficiary to any subsequent beneficiary. The first beneficiary is not considered to be a subsequent beneficiary. (Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Any request for transfer must indicate if and under what conditions amendments may be advised to the second beneficiary. The transferred credit must clearly indicate those conditions. (Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 If a credit is transferred to more than one second beneficiary, rejection of an amendment by one or more second beneficiary does not invalidate the acceptance by any other second beneficiary, with respect to which the transferred credit will be amended accordingly. For any second beneficiary that rejected the amendment, the transferred credit will remain unamended. (Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 The name of the first beneficiary may be substituted for that of the applicant in the credit. (Art.38) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响对被指定银行 Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank. (Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Presentation means either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A credit must state the bank with which it is available or whether it is available with any bank. A credit available with a nominated bank is also available with the issuing bank.(Art.6) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a complying presentation, the issuing bank must honour if the credit is available by: 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 i. sight payment, deferred payment or acceptance with the issuing bank; ii. sight payment with a nominated bank and that nominated bank does not pay; iii. deferred payment with a nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity; iv. acceptance with a nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity; v. negotiation with a nominated bank and that nominated bank does not negotiate. From Article 7 Issuing Bank Undertaking 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 When a nominated bank determines that a presentation is complying and honours or negotiates, it must forward the documents to the confirming bank or issuing bank. (Art.15) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响对提示人 Presenter means a beneficiary, bank or other party that makes a presentation.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后对不同当事人的影响 A document presented but not required by the credit will be disregarded and may be returned to the presenter.(Art.14) 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题合格单据的标准在信用证交易中，出口商提供的单据必须合符信用证和《跟单信用证统一惯例》的规定，但是这样的单据并不一定符合合格单据的标准。譬如，UCP500与一般的信用证中都没有汇票必须由出票人签字的规定。但是一张没有出票人签字的汇票肯定是不合格的，根据票据法，没有这项内容，票据不成立。所以合格的单据，还必须合符法规（Legally acceptable）以及常规（Common sense），譬如毛重必须大于净重，否则进口商或开证行有权拒付。总之，“单据必须满足其功能”需要。 UCP600规定：Complying presentation means a presentation that is in accordance with the terms and conditions of the credit, the applicable provisions of these rules and international standard banking practice.(Art.2) 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题缮制单据的基本要求准确。这是缮制单据的第一要求。要求做到“单证相符、单单一致”。“单证相符”即所有的单据都要与信用证保持一致，“单单一致”即单据与单据之间的相同内容都要一致。完整。包括内容完整、份数完整、种类完整。及时。在信用证项下交单必须掌握装运期、交单期和信用证有效期。简明。单据文字内容力求简单明了，避免画蛇添足。整洁。单据的缮制必须力求表面整洁。个别错误可以更正，但必须在更正处加以签署或加盖更正章，不能遗漏。 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 17 Original Documents and Copies a. At least one original of each document stipulated in the credit must be presented. b. A bank shall treat as an original any document bearing an apparently original signature, mark, stamp, or label of the issuer of the document, unless the document itself indicates that it is not an original. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 c. Unless a document indicates otherwise, a bank will also accept a document as original if it: 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 i. appears to be written, typed, perforated or stamped by the document issuer’s hand; or ii. appears to be on the document issuer’s original stationery; or iii. states that it is original, unless the statement appears not to apply to the document presented. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 d. If a credit requires presentation of copies of documents, presentation of either originals or copies is permitted. e. If a credit requires presentation of multiple documents by using terms such as "in duplicate", "in two fold" or "in two copies", this will be satisfied by the presentation of at least one original and the remaining number in copies, except when the document itself indicates otherwise. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 18 Commercial Invoice a. A commercial invoice: i. must appear to have been issued by the beneficiary (except as provided in article 38); ii. must be made out in the name of the applicant (except as provided in sub-article 38 (g)); iii. must be made out in the same currency as the credit; and iv. need not be signed. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 b. A nominated bank acting on its nomination, a confirming bank, if any, or the issuing bank may accept a commercial invoice issued for an amount in excess of the amount permitted by the credit, and its decision will be binding upon all parties, provided the bank in question has not honoured or negotiated for an amount in excess of that permitted by the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 c. The description of the goods, services or performance in a commercial invoice must correspond with that appearing in the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 19 Transport Document Covering at Least Two Different Modes of Transport a. A transport document covering at least two different modes of transport (multimodal or combined transport document), however named, must appear to: 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 i. indicate the name of the carrier and be signed by: • the carrier or a named agent for or on behalf of the carrier, or • the master or a named agent for or on behalf of the master. Any signature by the carrier, master or agent must be identified as that of the carrier, master or agent. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Any signature by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master. ii. indicate that the goods have been dispatched, taken in charge or shipped on board at the place stated in the credit, by: 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 • pre-printed wording, or • a stamp or notation indicating the date on which the goods have been dispatched, taken in charge or shipped on board. The date of issuance of the transport document will be deemed to be the date of dispatch, taking in charge or shipped on board, and the date of shipment. However, if the transport document indicates, by stamp or notation, a date of dispatch, taking in charge or shipped on board, this date will be deemed to be the date of shipment. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 iii. indicate the place of dispatch, taking in charge or shipment and the place of final destination stated in the credit, even if: a. the transport document states, in addition, a different place of dispatch, taking in charge or shipment or place of final destination, or b. the transport document contains the indication "intended" or similar qualification in relation to the vessel, port of loading or port of discharge. iv. be the sole original transport document or, if issued in more than one original, be the full set as indicated on the transport document. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 v. contain terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage (short form or blank back transport document). Contents of terms and conditions of carriage will not be examined. vi. contain no indication that it is subject to a charter party. b. For the purpose of this article, transhipment means unloading from one means of conveyance and reloading to another means of conveyance (whether or not in different modes of transport) during the carriage from the place of dispatch, taking in charge or shipment to the place of final destination stated in the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 c. i. A transport document may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same transport document. ii. A transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 20 Bill of Lading Article 21 Non-Negotiable Sea Waybill Article 22 Charter Party Bill of Lading Article 23 Air Transport Document Article 24 Road, Rail or Inland Waterway Transport Documents Article 25 Courier Receipt, Post Receipt or Certificate of Posting 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 26 "On Deck", "Shipper's Load and Count", “Said by Shipper to Contain” and Charges Additional to Freight a. A transport document must not indicate that the goods are or will be loaded on deck. A clause on a transport document stating that the goods may be loaded on deck is acceptable. b. A transport document bearing a clause such as "shipper's load and count" and "said by shipper to contain" is acceptable. c. A transport document may bear a reference, by stamp or otherwise, to charges additional to the freight. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 27 Clean Transport Document A bank will only accept a clean transport document. A clean transport document is one bearing no clause or notation expressly declaring a defective condition of the goods or their packaging. The word “clean” need not appear on a transport document, even if a credit has a requirement for that transport document to be “clean on board”. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 28 Insurance Document and Coverage a. An insurance document, such as an insurance policy, an insurance certificate or a declaration under an open cover, must appear to be issued and signed by an insurance company, an underwriter or their agents or their proxies. Any signature by an agent or proxy must indicate whether the agent or proxy has signed for or on behalf of the insurance company or underwriter. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 b. When the insurance document indicates that it has been issued in more than one original, all originals must be presented. c. Cover notes will not be accepted. d. An insurance policy is acceptable in lieu of an insurance certificate or a declaration under an open cover. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 e. The date of the insurance document must be no later than the date of shipment, unless it appears from the insurance document that the cover is effective from a date not later than the date of shipment. f. i. The insurance document must indicate the amount of insurance coverage and be in the same currency as the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 ii. A requirement in the credit for insurance coverage to be for a percentage of the value of the goods, of the invoice value or similar is deemed to be the minimum amount of coverage required. If there is no indication in the credit of the insurance coverage required, the amount of insurance coverage must be at least 110% of the CIF or CIP value of the goods. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 When the CIF or CIP value cannot be determined from the documents, the amount of insurance coverage must be calculated on the basis of the amount for which honour or negotiation is requested or the gross value of the goods as shown on the invoice, whichever is greater. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 iii. The insurance document must indicate that risks are covered at least between the place of taking in charge or shipment and the place of discharge or final destination as stated in the credit. g. A credit should state the type of insurance required and, if any, the additional risks to be covered. An insurance document will be accepted without regard to any risks that are not covered if the credit uses imprecise terms such as “usual risks” or “customary risks”. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 h. When a credit requires insurance against “all risks” and an insurance document is presented containing any “all risks” notation or clause, whether or not bearing the heading “all risks”, the insurance document will be accepted without regard to any risks stated to be excluded. i. An insurance document may contain reference to any exclusion clause. j. An insurance document may indicate that the cover is subject to a franchise or excess (deductible). 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 29 Extension of Expiry Date or Last Day for Presentation a. If the expiry date of a credit or the last day for presentation falls on a day when the bank to which presentation is to be made is closed for reasons other than those referred to in article 36, the expiry date or the last day for presentation, as the case may be, will be extended to the first following banking day. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 b. If presentation is made on the first following banking day, a nominated bank must provide the issuing bank or confirming bank with a statement on its covering schedule that the presentation was made within the time limits extended in accordance with sub-article 29 (a). c. The latest date for shipment will not be extended as a result of sub-article 29 (a). 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 30 Tolerance in Credit Amount, Quantity and Unit Prices a. The words "about" or "approximately" used in connection with the amount of the credit or the quantity or the unit price stated in the credit are to be construed as allowing a tolerance not to exceed 10% more or 10% less than the amount, the quantity or the unit price to which they refer. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 b. A tolerance not to exceed 5% more or 5% less than the quantity of the goods is allowed, provided the credit does not state the quantity in terms of a stipulated number of packing units or individual items and the total amount of the drawings does not exceed the amount of the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 c. Even when partial shipments are not allowed, a tolerance not to exceed 5% less than the amount of the credit is allowed, provided that the quantity of the goods, if stated in the credit, is shipped in full and a unit price, if stated in the credit, is not reduced or that sub-article 30 (b) is not applicable. This tolerance does not apply when the credit stipulates a specific tolerance or uses the expressions referred to in sub-article 30 (a). 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 31 Partial Drawings or Shipments a. Partial drawings or shipments are allowed. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 b. A presentation consisting of more than one set of transport documents evidencing shipment commencing on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering a partial shipment, even if they indicate different dates of shipment or different ports of loading, places of taking in charge or dispatch. If the presentation consists of more than one set of transport documents, the latest date of shipment as evidenced on any of the sets of transport documents will be regarded as the date of shipment. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 A presentation consisting of one or more sets of transport documents evidencing shipment on more than one means of conveyance within the same mode of transport will be regarded as covering a partial shipment, even if the means of conveyance leave on the same day for the same destination. c. A presentation consisting of more than one courier receipt, post receipt or certificate of posting will not be regarded as a partial shipment if the courier receipts, post receipts or certificates of posting appear to have been stamped or signed by the same courier or postal service at the same place and date and for the same destination. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 32 Instalment Drawings or Shipments If a drawing or shipment by instalments within given periods is stipulated in the credit and any instalment is not drawn or shipped within the period allowed for that instalment, the credit ceases to be available for that and any subsequent instalment. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 Article 14 Standard for Examination of Documents a. A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank must examine a presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 b. A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is complying. This period is not curtailed or otherwise affected by the occurrence on or after the date of presentation of any expiry date or last day for presentation. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 c. A presentation including one or more original transport documents subject to articles 19 , 20 , 21 , 22 , 23 , 24 or 25 must be made by or on behalf of the beneficiary not later than 21 calendar days after the date of shipment as described in these rules, but in any event not later than the expiry date of the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 d. Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 e. In documents other than the commercial invoice, the description of the goods, services or performance, if stated, may be in general terms not conflicting with their description in the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 f. If a credit requires presentation of a document other than a transport document, insurance document or commercial invoice, without stipulating by whom the document is to be issued or its data content, banks will accept the document as presented if its content appears to fulfil the function of the required document and otherwise complies with sub-article 14 (d). 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 g. A document presented but not required by the credit will be disregarded and may be returned to the presenter. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 h. If a credit contains a condition without stipulating the document to indicate compliance with the condition, banks will deem such condition as not stated and will disregard it. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 i. A document may be dated prior to the issuance date of the credit, but must not be dated later than its date of presentation. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 j. When the addresses of the beneficiary and the applicant appear in any stipulated document, they need not be the same as those stated in the credit or in any other stipulated document, but must be within the same country as the respective addresses mentioned in the credit. Contact details (telefax, telephone, and the like) stated as part of the beneficiary’s and the applicant’s address will be disregarded. However, when the address and contact details of the applicant appear as part of the consignee or notify party details on a transport document subject to articles 19, 20, 21, 22, 23, 24 or 25 , they must be as stated in the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 k. The shipper or consignor of the goods indicated on any document need not be the beneficiary of the credit. 2019/1/1 Copyright Reserved

UCP600实施后出口商制单须注意的问题 l. A transport document may be issued by any party other than a carrier, owner, master or charterer provided that the transport document meets the requirements of articles 19, 20, 21, 22, 23 or 24 of these rules. 2019/1/1 Copyright Reserved

开证行的拒付及拒付后单据的处理判断下列拒付电是否合格： WE FIND FOLLOWING DISCREPANCIES IN THE DOCUMENTS: LATE SHIPMENT AND PRESENTATION PARTIAL SHIPMENT EFFECTED OTHER DISCREPANCIES WE ARE HOLDING DOCS. AT YR DISPOSAL PENDING YR INSTRUCTIONS 2019/1/1 Copyright Reserved

开证行的拒付及拒付后单据的处理现行信用证拒付操作实务 1.必须是在合理时间(REASONABLE TIME)及不超过自收到单据翌日起的第七个银行工作日内通知交单行/机构/受益人； 2.必须以最快捷方式通知不符点，一般采用电传(TELEX)或(SWIFT)方式； 3.一次性提出所有不符点（“ONLY ONE BITE OF CHERRY”）； 4.提出的不符点须是实质性不符点，不得一味偏袒开证申请人，挑剔单据无理拒付； 5.不符点通知上必须说明拒付及单据代交单行保存并听候处理（WE REFUSE THE DOCUMENTS DUE TO THE DISCREPANCY(IES) FOUND THEREIN. WE ARE HOLDING DOCS. AT YR DISPOSAL PENDING YR INSTRUCTIONS）； 6.若开证申请人在开证行收到单据前已向开证行申请开立提货担保凭以提取货物，则即使单据中存在不符点，亦不得再对外拒付。 2019/1/1 Copyright Reserved

开证行的拒付及拒付后单据的处理构成合格拒付通知的“三要素”: 要有明确的拒付意思表示 WE REFUSE THE DOCUMENTS 一次性列出全部不符点，不符点必须明确 DUE TO THE DISCREPANCY(IES) FOUND THEREIN 表明单据已代为保管听候处理，或已退给交单人 WE ARE HOLDING DOCS. AT YR DISPOSAL PENDING YR INSTRUCTIONS.OR, WE HAVE RETURNED DOCS.TO YOU 2019/1/1 Copyright Reserved

2019/1/1 Copyright Reserved

开证行的拒付及拒付后单据的处理 UCP600 Article 16 Discrepant Documents, Waiver and Notice When a nominated bank acting on its nomination, a confirming bank, if any, or the issuing bank decides to refuse to honour or negotiate, it must give a single notice to that effect to the presenter. 2019/1/1 Copyright Reserved

开证行的拒付及拒付后单据的处理信用证中普遍采用的不符点条款 NOTWITHSTANDING THE PROVISIONS OF UCP500, IF WE GIVE NOTICE OF REFUSAL OF DOCUMENTS PRESENTED UNDER THIS CREDIT WE SHALL HOWEVER RETAIN THE RIGHT TO ACCEPT A WAIVER OF DISCREPANCIES FROM THE APPLICANT AND, SUBJECT TO SUCH WAIVER BEING ACCEPTABLE TO US, TO RELEASE DOCUMENTS AGAINST THAT WAIVER WITHOUT REFERENCE TO THE PRESENTER PROVIDED THAT NO WRITTEN INSTRUCTIONS TO THE CONTRARY HAVE BEEN RECEIVED BY US FROM THE PRESENTER BEFORE THE RELEASE OF THE DOCUMENTS. ANY SUCH RELEASE PRIOR TO RECEIPT OF CONTRARY INSTRUCTIONS SHALL NOT CONSTITUTE A FAILURE ON OUR PART TO HOLD THE DOCUMENTS AT THE PRESENTER’S RISK AND DISPOSAL, AND WE WILL HAVE NO LIABILITY TO THE PRESENTER IN RESPECT OF ANY SUCH RELEASE. 2019/1/1 Copyright Reserved

开证行的拒付及拒付后单据的处理 The notice must state: i. that the bank is refusing to honour or negotiate; and ii. each discrepancy in respect of which the bank refuses to honour or negotiate; and iii. a) that the bank is holding the documents pending further instructions from the presenter; or b) that the issuing bank is holding the documents until it receives a waiver from the applicant and agrees to accept it, or receives further instructions from the presenter prior to agreeing to accept a waiver; or c) that the bank is returning the documents; or d) that the bank is acting in accordance with instructions previously received from the presenter 2019/1/1 Copyright Reserved

开证行的拒付及拒付后单据的处理 A nominated bank acting on its nomination, a confirming bank, if any, or the issuing bank may, after providing notice required by sub-article 16 (c) (iii) (a) or (b), return the documents to the presenter at any time.(Art.16) 2019/1/1 Copyright Reserved

对UCP600的整体评价优点：第一次系统地对信用证有关概念进行了定义。删除了那些表达不确切、内容已过时及与国际贸易实务相脱节的条款。确立了新的国际结算实务操作标准。增加了实务操作性条款。措辞更为简洁、严格、清晰、与时俱进。缺点：没有解决目前实务中遇到的所有问题。 UCP600与URR525、ISBP、ISP98、eUCP并行，操作难度加大。建议：做好内部培训和客户培训，保证UCP500到UCP600的顺利过渡。梳理银行内部现有规章制度和法律文本，进行必要的修订和调整。对现有国际业务系统进行必要的调整和升级。 2019/1/1 Copyright Reserved

跟单信用证统一惯例（UCP600）于强 2006年11月杭州.

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跟单信用证统一惯例（UCP600） 于强 2006年11月 杭州.

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跟单信用证统一惯例（UCP600）于强 2006年11月杭州.

Presentation on theme: "跟单信用证统一惯例（UCP600）于强 2006年11月杭州."— Presentation transcript: