ucp600英文版.doc

1、1UCP600 英文版（ 1）International Standard Banking Practicefor the Examination of Documentsunder Documentary Credits subject to UCP 600 (ISBP)CONTENTSPageINTRODUCTIONPRELIMINARY CONSIDERATIONSThe application and issuance of the creditGENERAL PRINCIPLESAbbreviationsCertifications and declarationsCorrectio

2、ns and alterationsDatesDocuments for which the UCP 600 Transport Articles do not applyExpressions not defined in UCP 600Conflicting data in the documentsIssuer of documentsLanguageMathematical calculationsMisspellings or typing errorsMultiple pages and attachments or ridersOriginals and copiesShippi

3、ng marksSignaturesTitle of documents and combined documentsDRAFTS AND CALCULATION OF MATURITY DATETenorMaturity dateBanking days, grace days, delays in remittanceEndorsementAmountsHow the draft is drawnDrafts on the applicantCorrections and alterationsINVOICESDefinition of invoiceName and addressDes

4、cription of the goods and other general issues related to invoicesTRANSPORT DOCUMENT COVERING AT LEAST TWO DIFFERENT MODES OF TRANSPORTApplication of UCP 600 article 19Full set of originalsSigning of multimodal transport documentsOn board notationsPlace of taking in charge, dispatch, loading on boar

5、d and destinationConsignee, order party, shipper and endorsement, notify partyTranshipment and partial shipmentClean multimodal transport documentsGoods descriptionCorrections and alterations2Freight and additional costsGoods covered by more than one multimodal transport documentBILL OF LADINGApplic

6、ation of UCP 600 article 20Full set of originalsSigning of bills of ladingOn board notationsPorts of loading and ports of dischargeConsignee, order party, shipper and endorsement, notify partyTranshipment and partial shipmentClean bills of ladingGoods descriptionCorrections and alterationsFreight an

7、d additional costsGoods covered by more than one bill of ladingCHARTER PARTY BILL OF LADINGApplication of UCP 600 article 22Full set of originalsSigning of charter party bills of ladingOn board notationsPorts of loading and ports of dischargeConsignee, order party, shipper and endorsement, notify pa

8、rtyPartial shipmentClean charter party bills of ladingGoods descriptionCorrections and alterationsFreight and additional costsAIR TRANSPORT DOCUMENTApplication of UCP 600 article 23Original air transport documentsSigning of air transport documentsGoods accepted for carriage, date of shipment, and re

9、quirement for an actual date of dispatchAirports of departure and destinationConsignee, order party and notify partyTranshipment and partial shipmentClean air transport documentsGoods descriptionCorrections and alterationsFreight and additional costsROAD, RAIL OR INLAND WATERWAY TRANSPORT DOCUMENTSA

10、pplication of UCP 600 article 24Original and duplicate of road, rail or inland waterway transport documentsCarrier and signing of road, rail or inland waterway transport documentsOrder party and notify partyPartial shipmentGoods descriptionCorrections and alterationsFreight and additional costsINSUR

11、ANCE DOCUMENT AND COVERAGEApplication of UCP 600 article 283Issuers of insurance documentsRisks to be coveredDatesCurrency and amountInsured party and endorsementCERTIFICATES OF ORIGINBasic requirementsIssuers of certificates of originContents of certificates of originINTRODUCTION to be draftedPRELI

12、MINARY CONSIDERATIONSThe application and issuance of the credit1) The terms of a credit are independent of the underlying transaction even if a credit expressly refers to that transaction. To avoid unnecessary costs, delays, and disputes in the examination of documents, however, the applicant and be

13、neficiary should carefully consider which documents should be required, by whom they should be produced and the time frame for presentation.2) The applicant bears the risk of any ambiguity in its instructions to issue or amend a credit. Unless expressly stated otherwise, a request to issue or amend

14、a credit authorizes an issuing bank to supplement or develop the terms in a manner necessary or desirable to permit the use of the credit.3) The applicant should be aware that UCP 600 contains articles such as 3, 14, 19, 20, 21, 23, 24, 28(i), 30 and 31 that define terms in a manner that may produce

15、 unexpected results unless the applicant fully acquaints itself with these provisions. For example, a credit requiring presentation of a bill of lading and containing a prohibition against transhipment will, in most cases, have to exclude UCP 600 sub-article 20(c) to make the prohibition against tra

16、nshipment effective.4) A credit should not require presentation of documents that are to be issued or countersigned by the applicant. If a credit is issued including such terms, the beneficiary must either seek amendment or comply with them and bear the risk of failure to do so.5) Many of the proble

17、ms that arise at the examination stage could be avoided or resolved by careful attention to detail in the underlying transaction, the credit application, and issuance of the credit as discussed.GENERAL PRINCIPLESAbbreviations6) The use of generally accepted abbreviations, for example “Ltd.” instead

18、of “Limited”, “Intl” instead of “International”, “Co.” instead of “Company”, “kgs” or “kos.” instead of “kilos”, “Ind” instead of “Industry”, “mfr” instead of “manufacturer” or “mt” instead of “metric tons” or vice versa does not make a document discrepant.7) Virgules (slash marks “/”) may have diff

19、erent meanings, and unless apparent in the context used, should not be used as a substitute for a word.Certifications and declarations8) A certification, declaration or the like may either be a separate document or contained within another document as required by the credit. If the certification or

20、declaration appears in another document which is signed and dated, any certification or declaration appearing on that document does not require a separate signature or date if the certification or declaration appears to have been given by the same entity that issued and signed the document.Correctio

21、ns and alterations9) Corrections and alterations of information or data in documents, other than documents created by the beneficiary, must appear to be authenticated by the party who issued the document or by a party authorized by the issuer to do so. Corrections and alterations in documents which

22、have been legalized, visaed, certified or similar, must appear to be authenticated by the party who legalized, visaed, certified etc., the document. The authentication must show by whom the authentication has been made and include the signature or initials of that party. If the authentication appear

23、s to have been made by a party other than the issuer of the document, the authentication must clearly show in which capacity that party has authenticated the correction or alteration.10) Corrections and alterations in documents issued by the beneficiary itself, except drafts, which have not been 4le

24、galized, visaed, certified or similar, need not be authenticated. See also “Drafts and calculation of maturity date”.11) The use of multiple type styles or font sizes or handwriting in the same document does not, by itself, signify a correction or alteration.12) Where a document contains more than o

25、ne correction or alteration, either each correction must be authenticated separately or one authentication must be linked to all corrections in an appropriate way. For example, if the document shows three corrections numbered 1, 2 and 3, one statement such as “Correction numbers 1, 2 and 3 above aut

26、horized by XXX” or similar, will satisfy the requirement for authentication.Dates13) Drafts, transport documents and insurance documents must be dated even if a credit does not expressly so require. A requirement that a document, other than those mentioned above, be dated, may be satisfied by refere

27、nce in the document to the date of another document forming part of the same presentation (e.g., where a shipping certificate is issued which states “date as per bill of lading number xxx” or similar terms). Although it is expected that a required certificate or declaration in a separate document be

28、 dated, its compliance will depend on the type of certification or declaration that has been requested, its required wording and the wording that appears within it. Whether other documents require dating will depend on the nature and content of the document in question.14) Any document, including a

29、certificate of analysis, inspection certificate and pre-shipment inspection certificate, may be dated after the date of shipment. However, if a credit requires a document evidencing a pre-shipment event (e.g., pre-shipment inspection certificate), the document must, either by its title or content, i

30、ndicate that the event (e.g., inspection) took place prior to or on the date of shipment. A requirement for an “inspection certificate” does not constitute a requirement to evidence a pre-shipment event. Documents must not indicate that they were issued after the date they are presented.15) A docume

31、nt indicating a date of preparation and a later date of signing is deemed to be issued on the date of signing.16) Phrases often used to signify time on either side of a date or event:a) “within 2 days after” indicates a period from the date of the event until 2 days after the event.b) “not later tha

32、n 2 days after” does not indicate a period, only a latest date. If an advice must not be dated prior to a specific date, the credit must so state.c) “at least 2 days before” indicates that an event must take place not later than 2 days before an event. There is no limit as to how early it may take p

33、lace.d) “within 2 days of” indicates a period 2 days prior to the event until 2 days after the event.17) The term “within” when used in connection with a date excludes that date in the calculation of the period.18) Dates may be expressed in different formats, e.g. the 12th of November 2006 could be

34、expressed as 12 Nov 06, 12Nov06, 12.11.2006, 12.11.06, 2006.11.12, 11.12.06, 121106, etc. Provided that the date intended can be determined from the document or from other documents included in the presentation, any of these formats are acceptable. To avoid confusion it is recommended that the name

35、of the month should be used instead of the number.Documents for which the UCP 600 transport articles do not apply19) Some documents commonly used in relation to the transportation of goods, e.g., Delivery Order, Forwarders Certificate of Receipt, Forwarders Certificate of Shipment, Forwarders Certif

36、icate of Transport, Forwarders Cargo Receipt and Mates Receipt do not reflect a contract of carriage and are not transport documents as defined in UCP 600 articles 19 - 25. As such, UCP 600 sub-article 14(c) would not apply to these documents. Therefore, these documents will be examined in the same

37、manner as other documents for which there are no specific provisions in UCP 600, i.e., under sub-article 14(f). In any event, documents must be presented not later than the expiry date for presentation as stated in the credit.20) Copies of transport documents are not transport documents for the purp

38、ose of UCP 600 articles 19-25 and sub-article 14(c). The UCP 600 transport articles apply where there are original transport documents presented. Where a credit allows for the presentation of a copy transport document rather than an original, the credit must explicitly state the details to be shown.

39、 Where copies (non-negotiable) are presented, they need not evidence signature, dates, etc.Expressions not defined in UCP 60021) Expressions such as “shipping documents”, “stale documents acceptable”, “third party documents acceptable”, and “exporting country” should not be used as they are not defi

40、ned in UCP 600. If used in a credit, their 5meaning should be made apparent. If not, they have the following meaning under international standard banking practice:a) “shipping documents” all documents (not only transport documents), except drafts, required by the credit.b) “stale documents acceptabl

41、e” documents presented later than 21 days after the date of shipment are acceptable as long as they are presented no later than the expiry date for presentation as stated in the credit.c) “third party documents acceptable” all documents, excluding drafts but including invoices, may be issued by a pa

42、rty other than the beneficiary. If it is the intention of the issuing bank that the transport or other documents may show a shipper other than the beneficiary, the clause is not necessary because it is already permitted by sub-article 14(k).d) “exporting country” the country where the beneficiary is

43、 domiciled, and/or the country of origin of the goods, and/or the country of receipt by the carrier and/or the country from which shipment or dispatch is made.Conflicting data in the documents22) Documents presented under a credit must not appear to contain data that could be considered as conflicti

44、ng with each other. The requirement is not that the data content be identical, merely that the data appearing on documents not conflict.Issuer of documents23) If a credit indicates that a document is to be issued by a named person or entity, this condition is satisfied if the document appears to be

45、issued by the named person or entity. It may appear to be issued by a named person or entity by use of its letterhead, or, if there is no letterhead, the document appears to have been completed and/or signed by, or on behalf of, the named person or entity.Language24) Under international standard ban

46、king practice, it is expected that documents issued by the beneficiary will be in the language of the credit. When a credit states that documents in two or more languages are acceptable, a nominated bank or confirming bank may, in its advice of the credit, limit the number of acceptable languages as

47、 a condition of its engagement in the credit or confirmation.Mathematical calculations25) Detailed mathematical calculations in documents will not be checked by banks. Banks are only obliged to check total values against the credit and other required documents.Misspellings or typing errors26) Misspe

48、llings or typing errors that do not affect the meaning of a word or the sentence in which it occurs, do not make a document discrepant. For example, a description of the merchandise as “mashine” instead of “machine”, “fountan pen” instead of “fountain pen” or “modle” instead of “model” would not mak

49、e the document discrepant. However, a description as “model 123” instead of “model 321” would not be regarded as a typing error and would constitute a discrepancy.Multiple pages and attachments or riders27) Unless the credit or a document provides otherwise, pages which are physically bound together, sequentially numbered or c