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UCP600的中英文版下载.docx

1、UCP600的中英文版下载ICC UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITSUCP 600 英文 中文FOREWORD 2INTRODUCTION 4Article 1 Application of UCP 10Article 2 Definitions 11Article 3 Interpretations 13Article 4 Credits v. Contracts 14Article 5 Documents v. Goods, Services or Performance 15Article 6 Availability

2、, Expiry Date and Place for Presentation 15Article 7 Issuing Bank Undertaking 16Article 8 Confirming Bank Undertaking 17Article 9 Advising of Credits and Amendments 19Article 10 Amendments 20Article 11 Teletransmitted and Pre-Advised Credits and Amendments 22Article 12 Nomination 22Article 13 Bank-t

3、o-Bank Reimbursement Arrangements 23Article 14 Standard for Examination of Documents 24Article 15 Complying Presentation 27Article 16 Discrepant Documents, Waiver and Notice 27Article 17 Original Documents and Copies 29Article 18 Commercial Invoice 30Article 19 Transport Document Covering at Least T

4、wo Different Modes of Transport 31Article 20 Bill of Lading 33Article 21 Non-Negotiable Sea Waybill 36Article 22 Charter Party Bill of Lading 38Article 23 Air Transport Document 40Article 24 Road, Rail or Inland Waterway Transport Documents 41Article 25 Courier Receipt, Post Receipt or Certificate o

5、f Posting 44Article 26 On Deck, Shippers Load and Count, “Said by Shipper to Contain”and Charges Additional to Freight 44Article 27 Clean Transport Document 45Article 28 Insurance Document and Coverage 45Article 29 Extension of Expiry Date or Last Day for Presentation 47Article 30 Tolerance in Credi

6、t Amount, Quantity and Unit Prices 48Article 31 Partial Drawings or Shipments 49Article 32 Instalment Drawings or Shipments 50Article 33 Hours of Presentation 50Article 34 Disclaimer on Effectiveness of Documents 50Article 35 Disclaimer on Transmission and Translation 51Article 36 Force Majeure 52Ar

7、ticle 37 Disclaimer for Acts of an Instructed Party 52Article 38 Transferable Credits 53Article 39 Assignment of Proceeds 56UCP600中文版UCP600第一条 UCP的适用范围 59第二条 定义 59第三条 解释 60第四条 信用证与合同 61第五条 单据与货物、服务或履约行为 61第六条 兑用方式、截止日和交单地点 61第七条 开证行责任 62第八条 保兑行责任 62第九条 信用证及其修改的通知 63第十条 修改 63第十一条 电讯传输的和预先通知的信用证和修改 64

8、第十二条 指定 64第十三条 银行之间的偿付安排 64第十四条 单据审核标准 64第十五条 相符交单 65第十六条 不符单据、放弃及通知 66第十七条 正本单据及副本 66第十八条 商业发票 67第十九条 涵盖至少两种不同运输方式的运输单据 67第二十条 提单 68第二十一条 不可转让的海运单 69第二十二条 租船合同提单 70第二十三条 空运单据 70第二十四条 公路、铁路或内陆水运单据 71第二十五条 快递收据、邮政收据或投邮证明 72第二十六条 “货装舱面”、“托运人装载和计数”、“内容据托运人报称”及运费之外的费用。 72第二十七条 清洁运输单据 72第二十八条 保险单据及保险范围 7

9、2第二十九条 截止日或最迟交单日的顺延 73第三十条 信用证金额、数量与单价的伸缩度 73第三十一条 部分支款或部分发运 73第三十二条 分期支款或分期发运 74第三十三条 交单时间 74第三十四条 关于单据有效性的免责 74第三十五条 关于信息传递和翻译的免责 74第三十六条 不可抗力 74第三十七条 关于被指示方行为的免责 75第三十八条 可转让信用证 75第三十九条 款项让渡 76FOREWORDThis revision of the Uniform Customs and Practice for Documentary Credits (commonly called “UCP”)

10、 is the sixth revision of the rules since they were first promulgated in 1933.It is the fruit of more than three years of work by the International Chamber of Commerces (ICC) Commission on Banking Technique and Practice.ICC, which was established in 1919, had as its primary objective facilitating th

11、e flow of international trade at a time when nationalism and protectionism posed serious threats to the world trading system. It was in that spirit that the UCP were first introduced to alleviate the confusion caused by individual countries promoting their own national rules on letter of credit prac

12、tice. The objective, since attained, was to create a set of contractual rules that would establish uniformity in that practice, so that practitioners would not have to cope with a plethora of often conflicting national regulations. The universal acceptance of the UCP by practitioners in countries wi

13、th 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 p

14、ractice. 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 trade ever developed.A range of individuals and groups contributed to the current revision, which is entitled UCP 600. These include t

15、he UCP Drafting Group, which sifted through more than 5000 individual comments before arriving at this consensus text; the UCP Consulting Group,consisting of members from more than 25 countries, which served as the advisory body reacting to and proposing changes to the various drafts; the more than

16、400 members ofthe ICC Commission on Banking Technique and Practice who made ertinentsuggestions for changes in the text; and ICC national committees worldwide which took an active role in consolidating comments from their members. ICC also expresses its gratitude to practitioners in the transport an

17、d Insurance industries, whose perceptive suggestions honed the final draft.Guy Sebban Secretary GeneralInternational Chamber of CommerceINTRODUCTIONIn May 2003, the International Chamber of Commerce authorized the ICC Commission on Banking Technique and Practice (Banking Commission) to begin a revis

18、ion of the Uniform Customs 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 and style used in the UCP to remo

19、ve wording that could lead to inconsistent application and interpretation.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

20、 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. The introduction by banks of a discrep

21、ancy fee has highlighted the importance of this issue, especially when the underlying discrepancies have been found to be dubious or unsound. Whilst the number of cases involving litigation has not grown during the lifetime of UCP 500, the introduction of the ICCs Documentary Credit Dispute Resoluti

22、on Expertise Rules (DOCDEX) in October 1997 (subsequently revised in March 2002) has resulted in more than 60 cases being decided.To address these and other concerns, the Banking Commission established a Drafting Group to revise UCP 500. It was also decided to create a second group, known as the Con

23、sulting Group, to review and advise on early drafts submitted by the Drafting Group.The Consulting Group, made up 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 Banking Corporati

24、on Europe Ltd, London and CarloDi Ninni, Adviser, Italian Bankers Association, Rome, the Consulting Group provided valuable input to the Drafting Group prior to release of draft texts to ICC national committees.The Drafting Group began the review process by analyzing the content of the official Opin

25、ions issued by the Banking Commission under UCP 500. Some 500 Opinions were reviewed to assess whether the issues involved warranted a change in, an addition to or a deletion of any UCP article. In addition, consideration was given to the content of thefour Position Papers issued by the Commission i

26、n September 1994, the two Decisions issued by the Commission (concerning the introduction of the euro and the determination of what constituted an original document under UCP 500 sub-article 20(b) and the decisions issued in DOCDEX cases. During the revision process, notice was taken of the consider

27、able work that had been completed in creating the International Standard Banking Practice for the Examination of Documents under Documentary Credits (ISBP), ICC Publication 645. This publicationhas evolved into a necessary companion to the UCP for determining compliance of documents with the terms o

28、f letters of credit. It is the expectation of the Drafting Group and the Banking Commission that the application of the principles contained in the ISBP, including subsequent revisions thereof, will continue during the time UCP 600 is in force. At the time UCP 600 is implemented, there will be an up

29、dated version of theISBP to bring its contents in line with the substance and style of the new rules. The four Position Papers issued in September 1994 were issued subject to their application under UCP 500; therefore, they will not be applicable under UCP 600. The essence of the Decision covering t

30、he determination of an original document has been incorporated into the text of UCP 600. The outcome of the DOCDEX cases were invariably based on existing ICC Banking Commission Opinions and therefore contained no specific issues that required addressing in these rules.One of the structural changes

31、to the UCP is the introduction of articles covering definitions (article 2) and interpretations (article 3). In providing definitions of rolesplayed by banks and the meaning of specific terms and events, UCP 600 avoids the necessity of repetitive text to explain their interpretation and application.

32、 Similarly, the article covering interpretations aims to take the ambiguity out of vague or unclear language that appears in letters of credit and to provide a definitive 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 of issues to determine their preferences on alternative texts submitted by the Drafting Group. The results of this exercise and the considerable in

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