UCP600中英文版本对照

UCP600中英文版本对照 UCP600中英文版本对照 FOREWORD This revision of the Uniform Customs and Practice for Documentary Credits (commonly called “UCP”) 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 Commerce’s (ICC) Commission on Banking Technique and Practice. ICC, which was established in 1919, had as its primary objective facilitating the 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 practice. 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 with 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 practice. 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 the 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 400 members of the ICC Commission on Banking Technique and Practice who made ertinent suggestions 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 and Insurance industries, whose perceptive suggestions honed the final draft. Guy Sebban Secretary General International Chamber of Commerce         INTRODUCTION In May 2003, the International Chamber of Commerce authorized the ICC Commission on Banking Technique and Practice (Banking Commission) to begin a revision 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 remove 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 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 discrepancy 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 ICC’s Documentary Credit Dispute Resolution 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 Consulting 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 Corporation Europe Ltd, London and Carlo Di 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 Opinions 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 the four Position Papers issued by the Commission in 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 considerable 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 publication has evolved into a necessary companion to the UCP for determining compliance of documents with the terms of 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 updated version of the ISBP 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 the 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 to the UCP is the introduction of articles covering definitions (article 2) and interpretations (article 3). In providing definitions of roles played by banks and the meaning of specific terms and events, UCP 600 avoids the necessity of repetitive text to explain their interpretation and application. 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 input from national committees on individual items in the text is reflected in the content of UCP 600. The Drafting Group considered, not only the current practice relative to the documentary credit, but also tried to envisage the future evolution of that practice.This revision of the UCP represents the culmination of over three years of extensive analysis, review, debate and compromise amongst the various members of the Drafting Group, the members of the Banking Commission and the respective ICC national committees. Valuable comment has also been received from the ICC Commission on Transport and Logistics, the Commission on Commercial Law and Practice and the Committee on Insurance.It is not appropriate for this publication to provide an explanation as to why an article has been worded in such a way or what is intended by its incorporation into the rules.For those interested in understanding the rationale and interpretation of the articles of UCP 600, this information will be found in the Commentary to the rules, ICC Publication 601, which represents the Drafting Group’s views.On behalf of the Drafting Group I would like to extend our deep appreciation to the members of the Consulting Group, ICC national committees and members of the Banking Commission for their professional comments and their constructive participation in this process. Special thanks are due to the members of the Drafting Group and their institutions, who are listed below in alphabetical order. Nicole Keller – Vice President, Service International Products, Dresdner Bank AG,Frankfurt, Germany; Representative to the ICC Commission on Banking Technique and Practice;Laurence Kooy – Legal Adviser, BNP Paribas, Paris, France; Representative to the ICC Commission on Banking Technique and Practice. Katja Lehr – Business Manager, Trade Services Standards, SWIFT, La Hulpe, Belgium,then Vice President, Membership Representation, International Financial Services Association, New Jersey, USA; Representative to the ICC Commission on Banking Technique and Practice; Ole Malmqvist – Vice President, Danske Bank, Copenhagen, Denmark; Representative to the ICC Commission on Banking Technique and Practice; Paul Miserez – Head of Trade Finance Standards, SWIFT, La Hulpe, Belgium;Representative to the ICC Commission on Banking Technique and Practice;René Mueller – Director, Credit Suisse, Zurich, Switzerland; Representative to the ICC Commission on Banking Technique and Practice; Chee Seng Soh – Consultant, Association of Banks in Singapore, Singapore; Representative to the ICC Commission on Banking Technique and Practice; Dan Taylor – President and CEO, International Financial Services Association., New Jersey USA; Vice Chairman, ICC Commission on Banking Technique and Practice; Alexander Zelenov – Director, Vnesheconombank, Moscow, Russia; Vice Chairman,ICC Commission on Banking Technique and Practice; Ron Katz – Policy Manager, ICC Commission on Banking Technique and Practice,International Chamber of Commerce, Paris, France .The undersigned had the pleasure of chairing the Drafting Group.It was through the generous giving of their knowledge, time and energy that this revision was accomplished so successfully. As Chair of the Drafting Group, I would like to extend to them and to their institutions my gratitude for their contribution, for a job well done and for their friendship. I would also like to extend my sincere thanks to the management of ABN AMRO Bank N.V., for their understanding, patience and support during the course of this revision process.Gary Collyer Corporate Director,ABN AMRO Bank N.V., London, England and Technical Adviser to the ICC Commission on Banking Technique and PracticeNovember 2006 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. 第一条 UCP的适用范围 《跟单信用证统一惯例——2007年修订本，国际商会第600号出版物》（简称“UCP” ）乃一套规则，适用于所有的其文本中明确表明受本惯例约束的跟单信用证（下称信用证）（在其可适用的范围内，包括备用信用证。）除非信用证明确修改或排除，本惯例各条文对信用证所有当事人均具有约束力。   Article 2 Definitions 第二条 定义 For the purpose of these rules: 就本惯例而言 Advising bankmeans the bank that advises the credit at the request of the issuing bank. 通知行 指应开证行的要求通知信用证的银行。   Applicantmeans the party on whose request the credit is issued. 申请人 指要求开立信用证的一方。 Banking daymeans a day on which a bank is regularly open at the place at which an act subject to these rules is to be performed. 银行工作日 指银行在其履行受本惯例约束的行为的地点通常开业的一天。 Beneficiarymeans the party in whose favour a credit is issued. 受益人 指接受信用证并享受其利益的一方。  Complying presentationmeans 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. 相符交单 指与信用证条款、本惯例的相关适用条款以及国际标准银行实务一致的交单。 Confirmationmeans a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a complying presentation. 保兑 指保兑行在开证行承诺之外做出的承付或议付相符交单的确定承诺。 Confirming bankmeans the bank that adds its confirmation to a credit upon the issuing bank’s authorization or request. 保兑行 指根据开证行的授权或要求对信用证加具保兑的银行 Creditmeans any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation. 信用证 指一项不可撤销的安排，无论其名称或描述如何，该项安排构成开证行对相符交单予以交付的确定承诺。     Honourmeans: 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. 承付 指: a.如果信用证为即期付款信用证，则即期付款。 b.如果信用证为延期付款信用证，则承诺延期付款并在承诺到期日付款。 c.如果信用证为承兑信用证，则承兑受益人开出的汇票并在汇票到期日付款。   Issuing bankmeans the bank that issues a credit at the request of an applicant or on its own behalf. 开证行 指应申请人要求或者代表自己开出信用证的银行。 Negotiationmeans 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 the nominated bank. 议付 指指定银行在相符交单下，在其应获偿付的银行工作日当天或之前向受益人预付或者同意预付款项，从而购买汇票（其付款人为指定银行以外的其他银行）及/或单据的行为。   Nominated bankmeans the bank with which the credit is available or any bank in the case of a credit available with any bank. 指定银行 指信用证可在其处兑用的银行，如信用证可在任一银行兑用，则任何银行均为指定银行. Presentationmeans either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered. 交单 指向开证行或指定银行提交信用证项下单据的行为，或指按此方式提交的单据。 Presentermeans a beneficiary, bank or other party that makes a presentation. 交单人 指实施交单行为的受益人、银行或其他人。   Article 3 Interpretations 第三条 解释   For the purpose of these rules: 就本惯例而言： Where applicable, words in the singular include the plural and in the plural include the singular. 如情形适用，单数词形包含复数含义，复数词形包含单数含义。 A credit is irrevocable even if there is no indication to that effect. 信用证是不可撤销的，即使未如此表明。 A document may be signed by handwriting, facsimile signature, perforated signature,stamp, symbol or any other mechanical or electronic method of authentication. 单据签字可用手签、摹样签字、穿孔签字、印戳、符合或任何其他机械或电子的证实方法为之。 A requirement for a document to be legalized, visaed, certified or similar will be satisfied by any signature, mark, stamp or label on the document which appears to satisfy that requirement. 诸如单据须履行法定手续、签证、证明等类似要求，可由单据上任何看拟满足该要求的签字、标记、戳或标签来满足。 Branches of a bank in different countries are considered to be separate banks. 一家银行在不同国家的分支机构被视为不同的银行。 Terms such as "first class", "well known", "qualified", "independent", "official","competent" or "local" used to describe the issuer of a document allow any issuer except the beneficiary to issue that document. Unless required to be used in a document, words such as "prompt", "immediately" or "as soon as possible" will be disregarded. 用诸如“第一流的”、“著名的”、“合格的”、“独立的”、“正式的”、“有资格的”或“本地的”等词语描述单据的出单人时，允许除受益人之外的任何人出具该单据。 除非要求在单据中使用，否则诸如“迅速地”、“立刻地”或“尽快地”等词语将被不予理会。 The expression "on or about" or similar will be interpreted as a stipulation that an event is to occur during a period of five calendar days before until five calendar days after the specified date, both start and end dates included. “在或大概在（on or about）”或类似用语将被视为规定事件发生在指定日期的前后五个日历日之间，起讫日期计算在内。 The words "to", "until", "till", “from” and “between” when used to determine a period of shipment include the date or dates mentioned, and the words “before” and "after"exclude the date mentioned. “至（to）”、“直至（until、till）”、“从……开始（from）”及“在……之间（between）”等词用于确定发运日期时包含提及的日期，使用“在……之前（before）”及“在……之后（after）”时则不包含提及的日期。 The words “from” and "after" when used to determine a maturity date exclude the date mentioned. “从……开始（from）”及“在……之后（after）”等词用于确定到期日期时不包含提及的日期。 The terms "first half" and "second half" of a month shall be construed respectively as the 1st to the 15th and the 16th to the last day of the month, all dates inclusive. “前半月”及“后半月”分别指一个月的第一日到第十五日及第十六日到该月的最后一日，起讫日期计算在内。 The terms "beginning", "middle" and "end" of a month shall be construed respectively as the 1st to the 10th, the 11th to the 20th and the 21st to the last day of the month, all dates inclusive. 一个月的“开始（beginning）”、“中间（middle）”及“末尾（end）”分别指第一到第十日、第十一日到第二十日及第二十一日到该月的最后一日，起讫日期计算在内。   Article 4 Credits v. Contracts a. A credit by its nature is a separate transaction from the sale or other contract on which it may be based. Banks are in no way concerned with or bound by such contract, even if any reference whatsoever to it is included in the credit.Consequently, the undertaking of a bank to honour, to negotiate or to fulfil any other obligation under the credit is not subject to claims or defences by the applicant resulting from its relationships with the issuing bank or the beneficiary.A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank. 第四条 信用证与合同 a.就其性质而言，信用证与可能作为其开立基础的销售合同或其他合同是相互独立的交易，即使信用证中含有对此类合同的任何援引，银行也与该合同无关，且不受其约束。因些，银行关于承付、议付或履行信用证项下其他义务的承诺，不受申请人基于与开证行或与受益人之间的关系而产生的任何请求或抗辩的影响。 受益人在任何情况下不得利用银行之间或申请人与开证行之间的合同关系。、     b. An issuing bank should discourage any attempt by the applicant to include, as an integral part of the credit, copies of the underlying contract, proforma invoice and the like. b.开证行应劝阻申请人试图将基础合同、形式发票等文件作为信用证组成部分的做法。   Article 5 Documents v. Goods, Services or Performance Banks deal with documents and not with goods, services or performance to which the documents may relate. 第五条 单据与货物、服务或履约行为 银行处理的是单据，而不是单据可能涉及的货物、服务或履约行为。   Article 6 Availability, Expiry Date and Place for Presentation 第六条 兑用方式、截止日和交单地点   a. A credit must state the bank with which it is available or whether it is available with any bank. A credit available with a nominated bank is also available with the issuing bank. a.信用证必须规定可在其处兑用的银行，或是否可在任一银行兑用。规定在指定解行兑用的信用证同时也可以在开证行兑用。 b. A credit must state whether it is available by sight payment, deferred payment, acceptance or negotiation. b.信用证必须规定其是以即付款、延期付款，承兑还是议付的方式兑用。   c. A credit must not be issued available by a draft drawn on the applicant. c.信用证不得开成凭以申请人为付款人的汇票兑用。。 d.i.A credit must state an expiry date for presentation. An expiry date stated for honour or negotiation will be deemed to be an expiry date for presentation. di.信用证必须定一个交单的截止日。规定的承付或议付的截止日将被视为交单的截止日 ii. The place of the bank with which the credit is available is the place for presentation. The place for presentation under a credit available with any bank is that of any bank. A place for presentation other than that of the issuing bank is in addition to the place of the issuing bank. ii.可在其处兑用信用证的银行所在地即为交单地点。可在任一银行兑用的信用证其交单地点为任一银行所在地。除规定的交单地点外，开证行所在地也是交单地点。 e. Except as provided in sub-article 29 (a), a presentation by or on behalf of the beneficiary must be made on or before the expiry date. e.除非如第二十九条a款规定的情形，否则受益人或者代表受益人的交单应在截止日当天或之前完成。   Article 7 Issuing Bank Undertaking 第七条 开证行责任   a. Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a complying presentation, the issuing bank musthonourif the credit is available by: a.只要规定的单据提交给指定银行或开证方，并且构成相符交单，则开证行必须承付，如果信用证为以下情形之一：   i.                   sight payment, deferred payment or acceptance with the issuing bank; i.信用证规定由开证行即期付款，延期付款或承兑； ii.sight payment with a nominated bank and that nominated bank does not pay; ii.信用证规定由指定银行即期付款但其未付款； ii.                 deferred payment with a nomi