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2021-01-25 11:56
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2021年1月25日发(作者:路易士)
Uniform Customs and Practice for Documentary Credits

Article 1 Application of UCP
The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no.
600 (“UCP”) are rules that apply to any documentary credit (“credit”) (including,
to the extent to
which they may be applicable, any standby letter of credit) when the text of the credit expressly
indicates that it is subject to these rules. They are binding on all parties thereto unless expressly
modified or excluded by the credit.

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. 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
favor
a
credit
is
issued.
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
honor
or
negotiate
a
complying
presentation.
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 honor a complying presentation.
Honor 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.
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(to
be
paid
the
nominated
bank.
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.

Article 3 Credits v. Contracts
A. Credits, by their nature, are separate transactions from the sales or other 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
other
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 Issuing Bank.

Article 4 Instructions to Issue/Amend Credits
A. Instructions for the issuance of a Credit, the Credit itself, instructions for an amendment thereto,
and the amendment itself, must be complete and precise.
In order to guard against confusion and misunderstanding, banks should discourage any attempt:
i. to include excessive detail in the Credit or in any amendment thereto;
ii.
to
give
instructions
to
issue,
advise
or
confirm
a
Credit
by
reference
to
a
Credit
previously
issued
(similar
Credit)
where
such
previous
Credit
has
been
subject
to
accepted
amendment(s),
and/or unaccepted amendment(s).
B.
All
instructions
for
the
issuance
of
a
Credit
and
the
Credit
itself
and,
where
applicable,
all
instructions
for
an
amendment
thereto
and
the
amendment
itself,
must
state
precisely
the
document(s) against which payment, acceptance or negotiation is to be made.

Article 5 Revocable v. Irrevocable Credits
A. A Credit may be either
i. revocable,
or
ii. Irrevocable.
B. the Credit, therefore, should clearly indicate whether it is revocable or irrevocable.
C. In the absence of such indication the Credit shall be deemed to be irrevocable.

Article 6 Advising Bank's Liability
A. A Credit may be advised to a Beneficiary through another bank (the
engagement on the part of the Advising Bank, but that bank, if it elects to advise the Credit, shall
take reasonable care to check the apparent authenticity of the Credit which it advises. If the bank
elects not to advise the Credit, it must so inform the Issuing Bank without delay.
B. If the Advising Bank cannot establish such apparent authenticity it must inform, without delay,
the
bank
from
which
the
instructions
appear
to
have
been
received
that
it
has
been
unable
to
establish
the
authenticity
of
the
Credit
and
if
it
elects
nonetheless
to
advise
the
Credit
it
must
inform the Beneficiary that it has not been able to establish the authenticity of the Credit.

Article 7 Revocation of a Credit
A.
A
revocable
Credit
may
be
amended
or
canceled
by
the
Issuing
Bank
at
any
moment
and
without prior notice to the Beneficiary.
B. However, the Issuing Bank must:
i.
reimburse
another
bank
with
which
a
revocable
Credit
has
been
made
available
for
sight
payment,
acceptance
or
negotiation
for
any
payment,
acceptance
or
negotiation
made
by
such
bank
prior
to
receipt
by
it
of
notice
of
amendment
or
cancellation,
against
documents
which
appear on their face to be in compliance with the terms and conditions of the Credit;
ii. Reimburse another bank with which a revocable Credit has been made available for deferred
payment, if such a bank has, prior to receipt by it of notice of amendment or cancellation, taken up
documents which appear on their face to be in compliance with the terms and conditions of the
Credit.

Article 8 Liability of Issuing and Confirming Banks
A. 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:
i. if the Credit provides for sight payment to pay at sight;
ii.
if
the
Credit
provides
for
deferred
payment
to
pay
on
the
maturity
date(s)
determinable
in
accordance with the stipulations of the Credit; iii. if the Credit provides for acceptance;
a. by the Issuing Bank to accept Draft(s) drawn by the Beneficiary on the Issuing Bank and pay
them at maturity,
or
b. by another drawer bank to accept and pay at maturity Draft(s) drawn by the Beneficiary on the
Issuing Bank in the event the drawer bank stipulated in the Credit does not accept Draft(s) drawn
on it, or to pay Drafts(s) accepted but not paid by such drawer bank at maturity;
iv.
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.
A
Credit should not be issued available by Draft(s) on the Applicant. If the Credit nevertheless calls
for Draft(s) on the Applicant, banks will consider such Draft(s) as an additional document(s).
B.
A
confirmation
of
an
irrevocable
Credit
by
another
bank
(the

Bank
upon
the
authorization or request of the Issuing Bank, constitutes a definite undertaking of the Confirming
Bank, in addition to that of the issuing Bank, provided that the stipulated documents are presented
to the Confirming Bank or to any other Nominated Bank and that the terms and conditions of the
Credit are complied with:
i. If the Credit provides for sight payment to pay at sight;
ii.
if
the
Credit
provides
for
deferred
payment
to
pay
on
the
maturity
date(s)
determinable
in
accordance with the stipulations of the Credit;
iii. if the Credit provides for acceptance:
a. by the Confirming Bank to accept Draft(s) drawn by the Beneficiary on the Confirming Bank
and pay them at maturity,
or
b. by another drawer bank to accept and pay at maturity Draft(s) drawn by the Beneficiary on the
Confirming Bank, in the event the drawer bank stipulated in the Credit does not accept Draft(s)
drawn on it, or to pay Draft(s) accepted but not paid by such drawer bank at maturity;
iv. if the Credit provides for negotiation to negotiate without recourse to drawers and/or bona fide
holders,
Draft(s)
drawn
by
the
Beneficiary
and/or
document(s)
presented
under
the
Credit.
A
Credit should not be issued available by Draft(s) on the Applicant. If the Credit nevertheless calls
for Draft(s) on the Applicant, banks will consider such Draft(s) as an additional document(s).
C. i. If another bank is authorized or requested by the Issuing Bank to add its confirmation to a
Credit but is not prepared to do so, it must so inform the Issuing Bank without delay.
ii. Unless the Issuing Bank specifies otherwise in its authorization or request to add confirmation,
the Advising Bank may advise the Credit to the Beneficiary without adding its confirmation.

D. i. except as otherwise provided by Article 48, an irrevocable Credit can neither be amended nor
canceled
without
the
agreement
of
the
Issuing
Bank,
the
Confirming
Bank,
if
any,
and
the
Beneficiary.
ii. The Issuing Bank shall be irrevocably bound by an amendment(s) issued by it from the time of
the
issuance
of
such
amendment(s).
A
Confirming
Bank
may
extend
its
confirmation
to
an
amendment
and
shall
be
irrevocably
bound
as
of
the
time
of
its
advice
of
the
amendment.
A
Confirming
Bank
may,
however,
choose
to
advise
an
amendment
to
the
Beneficiary
without
extending its confirmation and if so, must inform the Issuing Bank and the Beneficiary without
delay.
iii. The terms of the original Credit (or a Credit incorporating previously accepted amendment(s))
will remain in force for the Beneficiary until the Beneficiary communicates his acceptance of the
amendment to the bank that advised such amendment. The Beneficiary should give notification of
acceptance
or
rejection
of
amendment(s).
If
the
Beneficiary
fails
to
give
such
notification,
the
tender of documents to the Nominated Bank or Issuing Bank, that conform to the Credit and to not
yet accepted amendment(s), will be deemed to be notification of acceptance by the Beneficiary of
such amendment(s) and as of that moment the Credit will be amended.
iv. Partial acceptance of amendments contained in one and the same advice of amendment is not
allowed and consequently will not be given any effect.

Article 9 Teletransmitted and Pre Advised Credit
A. i. When an Issuing Bank instructs an Advising Bank by an authenticated teletransmission to
advise
a
Credit
or
an
amendment
to
a
Credit,
the
teletransmission
will
be
deemed
to
be
the
operative Credit instrument or the operative amendment, and no mail confirmation should be sent.
Should a mail confirmation nevertheless be sent, it will have no effect and the Advising Bank will
have no obligation to check such mail confirmation against the operative Credit instrument or the
operative amendment received by teletransmission.
ii. If the teletransmission states
mail confirmation is to be the operative Credit instrument or the operative amendment, then the
teletransmission
will
not
be
deemed
to
be
the
operative
Credit
instrument
or
the
operative
amendment.
The
Issuing
Bank
must
forward
the
operative
Credit
instrument
or
the
operative
amendment to such Advising Bank without delay.
B. If a bank uses the services of an Advising Bank to have the Credit advised to the Beneficiary, it
must also use the services of the same bank for advising an amendment(s).
C. A preliminary advice of the issuance or amendment of an irrevocable Credit (pre advice), shall
only be given by an Issuing Bank if such bank is prepared to issue the operative Credit instrument
or
the
operative
amendment
thereto.
Unless
otherwise
stated
in
such
preliminary
advice
by
the
Issuing
Bank,
an
Issuing
Bank
having
given
such
pre
advice
shall
be
irrevocably
committed
to
issue or amend the Credit, in terms not inconsistent with the pre advice, without delay.

Article 10 Incomplete or Unclear Instructions
If incomplete or unclear instructions are received to advise, confirm or amend a Credit, the bank
requested
to
act
on
such
instructions
may
give
preliminary
notification
to
the
Beneficiary
for
information only and without responsibility. This preliminary notification should state clearly that
the
notification
is
provided
for
information
only
and
without
the
responsibility
of
the
Advising
Bank.
In
any
event,
the
Advising
Bank
must
inform
the
Issuing
Bank
of
the
action
taken
and
request it to provide the necessary information.

The
Issuing
Bank
must
provide
the
necessary
information
without
delay.
The
Credit
will
be
advised,
confirmed
or
amended,
only
when
complete
and
clear
instructions
have
been
received

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