金融保险ISBP国际标准银行实务中文.docx

1、金融保险ISBP国际标准银行实务中文International Standard Banking PracticeForeword The publication International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit is the product of 2.5 years of work by a task force of the ICC Banking Commission. It was approved by the ful

2、l Commission at its meeting in Rome in October 2002, at which time, the Commission voted to make it an official document of the ICC. The ISBP, as it is more commonly called, is a practical complement to UCP 500, ICCs universally used rules on documentary credits. Although it does not amend the UCP,

3、it explains, in explicit detail, how the rules are to be applied on a day-to-day basis. As such, it fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. The task force that developed the ISBP was meticulous in seeking to

4、document international practice in the field. It started by asking ICC national committees and members to send checklists on how documents were examined in their banks. Some 39 national committees and a substantial number of individual banks responded. Culling these comments required 14 task force m

5、eetings and four different drafts before the ISBP was finally in a shape to be approved. The task force deserves considerable credit for having proceeded so carefully. The object of the exercise was to document international standard banking practice for the examination of documents under the UCP; i

6、t was not to report on individual country practices that may differ in some way from the norm. The UCP was created to bring uniformity to a field in which individual practices often differed, to the detriment of documentary practitioners in all countries. By using the ISBP, document checkers can bri

7、ng their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation. Maria Livanos Cattaui Secretary General International Chamber of Commerce Paris, France December 2002

8、 Introduction At its May 2000 meeting the Commission on Banking Technique and Practice of the International Chamber of Commerce (ICC Banking Commission) established a task force to document international standard banking practice for the examination of documents presented under documentary credits i

9、ssued subject to the Uniform Customs and Practice for Documentary Credits, the International Chamber of Commerces Publication No. 500 (UCP). The international standard banking practices documented in this publication are consistent with the UCP and the Opinions and Decisions of the ICC Banking Commi

10、ssion. This document does not amend UCP. It explains how the practices articulated in the UCP are to be applied by documentary practitioners. It is, of course, recognized that the law in some countries may compel a different practice than that stated here. No single publication can anticipate all th

11、e terms or the documents that may be used in connection with documentary credits or their interpretation under the UCP and the standard practice it reflects. However, the task force preparing this publication has endeavoured to cover terms commonly seen on a day-to-day basis and the documents most o

12、ften presented under documentary credits. It should be noted that any term in a documentary credit which modifies or affects the applicability of a provision of the UCP may also have an impact on international standard banking practice. Therefore, in considering the practices described in this publi

13、cation, parties must take into account any term in a documentary credit that expressly excludes or modifies a provision in an article of the UCP. This principle is implicit throughout this publication, whether or not stated, but it is sometimes expressly repeated for purposes of emphasis or for illu

14、stration. Where examples are given, these are solely for the purpose of illustration and are not exhaustive. This publication reflects international standard banking practice for all parties to a documentary credit. Since applicants obligations, rights, and remedies depend upon their undertaking wit

15、h the issuing bank, the performance of the underlying transaction, and the timeliness of any objection under applicable law and practice, applicants should not assume that they may rely on these provisions in order to excuse their obligations to reimburse the issuing bank. The incorporation of this

16、publication into the terms of a documentary credit should be discouraged, as the requirement to follow agreed practices is implicit in the UCP. Because this publication reflects current documentary credit practice as provided by ICC national committees and individual ICC members, it will be of consi

17、derable use in the formulation of any future revision of the UCP. PRELIMINARY CONSIDERATIONSThe application and issuance of the credit 1) 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

18、 disputes in the examination of documents, however, the applicant and beneficiary 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

19、 a credit. Unless expressly stated otherwise, a request to issue or amend a credit authorizes an issuer 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 the UCP contains Articles such as Articles 13, 20, 21,

20、23, 24, 26, 27, 28, 39, 40, 46 and 47 that define terms in a manner that may produce unexpected results unless the applicant fully acquaints itself with these provisions. For example, a credit requiring presentation of a marine bill of lading and containing a prohibition against transhipment will, i

21、n most cases, have to exclude UCP sub-Article 23(d) to make the prohibition against transhipment effective. 4) A credit should not require presentation of documents that are to be issued and/or countersigned by the applicant. If a credit is issued including such terms, the beneficiary must either se

22、ek amendment or comply with them and bear the risk of failure to do so. 5) Many of the problems 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 PRIN

23、CIPLESAbbreviations 6) The use of generally accepted abbreviations, for example Ltd. instead 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 m

24、ake a document discrepant. 7) Virgules (slash marks /) may have different meanings, and unless apparent in the context used, should not be used as a substitute for a word. Certifications and declarations 8) A certification, declaration or the like may either be a separate document or contained withi

25、n another document as required by the credit. If the certification or 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

26、given by the same entity that issued and signed the document. Corrections and alterations 9) 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

27、 by the issuer to do so. Corrections and alterations in documents which have been legalized, visaed, or the like, must appear to be authenticated by the party who legalized, visaed, etc., the document. The authentication must show by whom the authentication has been made and include that partys sign

28、ature or initials. If the authentication appears 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 beneficiar

29、y itself, except drafts, which have not been legalized, visaed or the like, 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)

30、Where a document contains more than one 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 Cor

31、rection numbers 1, 2 and 3 above authorized by XXX or similar, will satisfy the requirement for authentication. Dates 13) 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,

32、 be dated, may be satisfied by reference 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 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 con