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1、Uniform Customs and Practice for Documentary Credits (1993 Revision)A. GENERAL PROVISIONS AND DEFINITIONSArticle 1. Application of UCPThe Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500, shall apply to all documentary Credits (including to the extent to w
2、hich they may be applicable, Standby Letter(s) of Credit) where they are incorporated into the text of the Credit. They are binding on all parties thereto, unless otherwise expressly stipulated in the Credit.Article 2. Meaning of CreditFor the purposes of these Articles, the expressions HDocumentary
3、 Credit (s)n and nStandby Letter(s) of Credit*1 (hereinafter referred to as Credit (s)”), mean any arrangement, however named or described, whereby a bank(the HIssuing Bank,1) acting at the request and on the instructions of a customer (the Applicant”)or on its own behalf,i) is to make a payment to
4、or to the order of a third party(the Beneficiary), or is to accept and pay bills of exchange(Draft(s) drawn by the Beneficiary, orii) authorizes another bank to effect such payment, or to accept and pay such bills of exchange(Draft(s), oriii) authorizes another bank to negotiate, against stipulated
5、document(s), provided that the terms and conditions of the Credit are complied with. For the purposes of these Articles, branches of a bank in different countries are considered another bank.Article 3. Credits v. Contractsa. Credits, by their nature, are separate transactions from the sales or other
6、 contract(s) on which they may be based and banks are in no way concerned with or bound by such contract(s), even if any reference whatsoever to such contract(s) is included in the Credit. Consequently, the undertaking of a bank to pay, accept and pay Draft(s) or negotiate and/or to fulfill any othe
7、r obligation under the Credit, is not subject to claims or defenses by the Applicant resulting from his relationships with the Issuing Bank or the Beneficiary.b. A Beneficiary can in no case avail himself of the contractual relationships existing between the banks or between the Applicant and the Is
8、suing Bank.to so indicate in the original Credit and in the reimbursement authorization. In cases where the Reimbursing Banks charges are for the account of another party they shall be collected from the Claiming Bank when the Credit is drawn under. In cases where the Credit is not drawn under, the
9、Reimbursing Bank*s charges remain the obligation of the Issuing Bank.D. DOCUMENTSArticle 20. Ambiguity as to the Issuers of Documents a. Terms such as n first class J well known J qualified J independent,” official J competent,” local” and the like, shall not be used to describe the issuers of any d
10、ocument(s) to be presented under a Credit. If such terms are incorporated in the Credit, banks will accept the relative document(s) as presented, provided that it appears on its face to be in compliance with the other terms and conditions of the Credit and not to have been issued by the Beneficiary.
11、b. Unless otherwise stipulated in the Credit, banks will also accept as an original document(s), a document(s) produced or appearing to have been produced:i) by reprographic, automated or computerized systems;ii) as carbon copies;provided that it is marked as original and, where necessary, appears t
12、o be signed. A document may be signed by handwriting, by facsimile signature, by perforated signature, by stamp, by symbol, or by any other mechanical or electronic method of authentication, c. i) Unless otherwise stipulated in the Credit, banks will accept as a copy ties), a document(s) either labe
13、led copy or not marked as an original-a copy(ies) need not be signed.iii) Credits that require multiple document(s) such as duplicate,” “two fold,” two copies*, and the like, will be satisfied by the presentation of one original and the remaining number in copies except where the document itself ind
14、icates otherwise.d. Unless otherwise stipulated in the Credit, a condition under a Credit calling for a document to be authenticated, validated, legalized, vised, certified or indicating a similar requirement, will be satisfied by any signature, mark, stamp or label on such document that on its face
15、 appears to satisfy the above condition.Article 21. Unspecified Issuers or Contents of Documents 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 co
16、ntent. 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 documentpresented.Article 22. Issuance Date of Documents v. Credit DateUnless otherwise stipulated in the Credit, banks will accep
17、t a document bearing a date of issuance prior to that of the Credit, subject to such document being presented within the time limits set out in the Credit and in these Articles.Article 23. Marine/Ocean Bill of Ladinga. If a Credit calls for a bill of lading covering a port-to-port shipment, banks wi
18、ll, unless otherwise stipulated in the Credit, accept a document, however named, which:i) appears on its face to indicate the name of the carrier and to have been signed or otherwise authenticated by:-the carrier or a named agent for or on behalf of the carrier, or-the master or a named agent for or
19、 on behalf of the master.Any signature or authentication of the carrier or master must be identified as carrier or master, as the case may be. An agent signing or authenticating for the carrier or master must also indicate the name and the capacity of the party, i.e. carrier or master, on whose beha
20、lf that agent is acting, andii) indicates that the goods have been loaded on board, or shipped on a named vessel. Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the bill of lading that the goods have been loaded on board a named vessel or shipped on a named
21、 vessel, in which case the date of issuance of the bill of lading will be deemed to be the date of loading on board and the date of shipment. In all other cases loading on board a named vessel must be evidenced by a notation on the bill of lading which gives the date on which the goods have been loa
22、ded on board, in which case the date of the on board notation will be deemed to be the date of shipment. If the bill of lading contains the indication nintended vessel/ or similar qualification in relation to the vessel, loading on board a named vessel must be evidenced by an on board notation on th
23、e 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 nintended vessel. If the bill of lading indicates a place of receipt or tak
24、ing in charge different from the port of loading, the on board notation must also include the port of loading stipulated in the Credit and the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named in the bill of lading. This provision also applies
25、whenever loading on board the vessel is indicated by pre-printed wording on the bill of lading, andiii) indicates the port of loading and the port of dischargestipulated in the credit, notwithstanding that it:(a) indicates a place of taking in charge different from the port of loading, and/or a plac
26、e of final destination different from the port of discharge, and/or(b) contains the indication intended or similar qualification in relation to the port of loading and/or port of discharge, as long as the document also states the ports of loading and/or discharge stipulated in the Credit, andiv) con
27、sists of a sole original bill of lading, or if issued in more than one original, the full set as so issued, andv) appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the bill of lading(short form/blank b
28、ack bill of lading), banks will not examine the contents of such terms and conditions, andvi) contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, andvii) in all other respects meets the stipulations of the Credit.b. Fo
29、r the purpose of this Article, transhipment means unloading and reloading from one vessel to another vessel during the course of ocean carriage from the port of loading to the port of discharge stipulated in the Credit.c. Unless transhipment is prohibited by the terms of the Credit, banks will accep
30、t a bill of lading which indicates that the goods will be transhipped, provided that the entire ocean carriage is covered by one and the same bill of lading.d. Even if the Credit prohibits transhipment, banks will accept a bill of lading which:1) indicates that transhipment will take place as long a
31、s the relevant cargo is shipped in Container (s), Trailer(s) and/or nLASHn barge (s) as evidenced by the bill of lading, provided that the entire ocean carriage is covered by one and the same bill of lading, and/or ii) incorporates clauses stating that the carrier reserves the right to tranship.Arti
32、cle 24. Non-Negotiable Sea Waybilla. If a Credit calls for a non-negotiable sea waybill covering a port-to-port shipment, banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:i) appears on its face to indicate the name of the carrier and to have been signed
33、or otherwise authenticated 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 or authentication of the carrier or master must be identified as carrier or master, as the case may be. An agent signing or authent
34、icating for the carrier or master must also indicate the name and the capacity of the party, i.e. carrier or master, on whose behalf that agent is acting, andii) indicates that the goods have been loaded on board, or shipped on a named vessel. Loading on board or shipment on a named vessel may be in
35、dicated by pre-printed wording on the non-negotiable sea waybill that the goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of issuance of the non-negotiable sea waybill will be deemed to be the date of loading on board and the date of shipment. In a
36、ll other cases loading on board a named vessel must be evidenced by a notation on the non-negotiable sea way bill which gives the date on which the goods have been loaded on board, in which case the date of the on board notation will be deemed to be the date of shipment.If the non-negotiable sea way
37、bill contains the indication nintended 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 non-negotiable sea waybill which, in addition to the date on which the goods have been loaded on board, includes the nam
38、e of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named as the intended vessel.0 If the non-negotiable sea waybill indicates a place of receipt or taking in charge different from the port of loading, the on board notation must also include the port of l
39、oading stipulated in the Credit and the name of the vessel on which the goods have been loaded, even if they have been loaded on a vessel named in the non-negotiable sea waybill. This provision also applies whenever loading on board the vessel is indicated by pre-printed wording on the non-negotiabl
40、e sea waybill, andiii) indicates the port of loading and the port of discharge stipulated in the Credit, notwithstanding that it:(a) indicates a place of taking in charge different from the port of loading, and/or a place of final destination different from the port discharge, and/or(b) contains the
41、 indication intended“ or similar qualification in relation to the port of loading and/or port of discharge, as long as the document also states the ports of loading and/or discharge stipulated in the Credit, andiv) consists of a sole original non-negotiable sea waybill, or if issued in more than one
42、 original, the full set as so issued, andv) appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the non-negotiable sea waybill(short form 1 blank back non-negotiable sea waybill); banks will not examine
43、the contents of such terms and conditions, andvi) contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, andvii) in all other respects meets the stipulations of the Credit.b. For the purpose of this Article, transhipment
44、means unloading and reloading from one vessel to another vessel during the course of ocean carriage from the port of loading to the port of discharge stipulated in the Credit.c. Unless transhipment is prohibited by the terms of the Credit, banks will accept a non-negotiable sea waybill which indicat
45、es that the goods will be transhipped, provided that the entire ocean carriage is covered by one and the same non-negotiable sea waybill, d. Even if the Credit prohibits transhipment, banks will accept a non-negotiable sea waybill which:i) indicates that transhipment will take place as long as the r
46、elevant cargo is shipped in Container (s), Trailer (s) and/or LASH barge (s) as evidenced by the non-negotiable sea waybill, provided that the entire ocean carriage is covered by one and the same non-negotiable sea waybill, and/orii) incorporates clauses stating that the carrier reserves the right t
47、o tranship.Article 25. Charter Party Bill of Ladinga. If a Credit calls for or permits a charter party bill of lading, banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:i) contains any indication that it is subject to a charter party, and ii) appears on i
48、ts face to have been signed or otherwise authenticated by:-the master or a named agent for or on behalf of the master, or-the owner or a named agent for or on behalf of the owner.Any signature or authentication of the master or owner must be identified as master or owner as the case may be. An agent
49、 signing or authenticating for the master or owner must also indicate the name and the capacity of the party, i.e. master or owner, on whose behalf that agent is acting, andiii) does or does not indicate the name of the carrier, andiv) indicates that the goods have been loaded on board or shipped on a named vessel. Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the bill of lading that the goo