险”标题,甚至表明不包括某种险 别。银行对未经投保的任何险别不予负责。
第三十七条 商业发票
a.除非信用证另有规定,商业发票上:
Ⅰ.应当在表面上表明:发票系由信用证中指定的受益人出具(第四十八条所规定者除外),
Ⅱ.必须做成以申请人的名称为抬头(第四十八条(h)款所规定者除外),
Ⅲ.发票无须签字。
b.除非信用证另有相反规定,否则银行可拒绝接受金额超过信用证所允许的金额的商业发票。但是,如
信用证项下授权付款、承担延期付款责 任、承兑汇票或议付的银行,一旦接受此类发票,只要该银行所作出
的付款、承担延期付款责任、已承兑汇票或已议付的金额没有超过信用证所 允许的金额,则该银行的决定对
各有关方均具有约束力。
c.商业发票中的货物描述,必须与信用证规定的相符。其它一切单据则可使用货物统称,但不得与信用
证规定的货物描述有抵触。
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第三十八条 其它单据
在采用除海运以外的运输方式的情况下,如信用证要求提交重量证明,除非信用证明确规定此项重量证
明必须另行提供单据外,银行将接受承运人或其代理人加盖于运输单据上的重量戳记或重量声明。
E、杂项规定
第三十九条 信用证金额、货物数量和单价的增减幅度
a.凡“约”“大概”、“大约”或类似的词语用于信用证金额、货物、数量和单价时,应解释为有关金额、数
量或单价不超过10%的增减幅度。
b.除非信用证规定货物的指定数量不得有增减外,在所支付的款项不超过信用证金额的条件下,货物数
量准许有5%的增减幅度。但是,当信用证上规定的数量是以包装单位或个数计数时,此项增减幅度则不适
用。
c.除非禁止分批装运的信用证上另有规定或除非已适用本条(b)款者,当信用证对货物的数量有规
定,且货物已全数装运,以及当信用证对单 价有规定,而此单价又末降低的条件下,允许支取的金额有5%
的减幅。如信和证已利用本条(a)款提到的词语,则本规定不适用。
第四十条 分批装运/分批支款
a.除非信用证另有规定,允许分批支款及/或分批装运。
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b.运输单据上表面注明货物系使用同一运输工具并经同一路线运输的,即使每套运输单据注明的装运日
期不同及/或装货港、接受监管地、发运 地不同,只要运输单据注明的目的地相同,也不视为分批装运。
c.货物经邮寄或专递发运,如邮政收据或投邮证明或专递收据或发运通知,是在信用证规定的发货地加
盖戳记、或签署或以其它方式证实并且日期相同,则不视为分批装运。
第四十一条 分期装运/分期支款
信用证规定在指定的不同期限人分期支款及/或分期装运,如其中任何一期未按信用证所规定的期限支
款及/或装运,则信用证对该期及以后各期均失效。但信用证另有规定者除外。
第四十二条 到期日及交单地点
a.所有信用证均须规定一个到期日及一个付款、承兑交单地。议付信用证尚须规定一个议付交单地,但
自由议付信用证除外。所规定的付款、承兑或议付的到期日,将视为提交单据的到期日。
b.除第四十四条(a)款规定外,必须于到期日或到期日之前交单。
c.如开证行注明信用证的有效期限为“一个月”、“六个月”或类似规定,但未指明自何日起算者,开证行
开证日即视为起算日。银行应避免用此种方式注明信用证的到期日。
第四十三条 对到期日的限制
a.凡要求提交运输单据的信用证,除规定一个交单到期日外,尚须规定一个在装运日后按信用证条款规
定必须交单的特定期限。如未规定该期限,银行将不予接受迟于装运日期后二十一天提交的单据。但无论如
何,交单不得迟于信用证的到期日。
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b.如第四十条(b)款适用,所提交的运输单据上的最迟装运日期即视为装运日期。
第四十四第 到期日的顺延
a.如信用证的到期日及/或按本惯例第四十三条规定所适用的交单的期限最后一天,适逢接受单据银行
因第十七条规定以外的原因而停止营业,则规定的到期日及/或装运日后一定期限内必须交单的最后一天,
将顺延至该银行恢复营业后的第一个营业日。
b.但最迟装运日期不得按照本条(a)款对到期日及/或装运日后交单期限的顺延为由而顺延。如信用
证或修改书中未规定最迟装运日期,银行将不接受表明装运日期迟于信用证或修改书规定的到期日的运输单
据。
c.于顺延后的第一个营业日接受单据的银行,必须申明单据系根据跟单信用证统一惯例,1993年修订
本,国际商会第500号出版物第四十四条(a)款规定的顺延期限内所提交。
第四十五条 交单时间
银行在其营业时间以外,无接受单据的义务。 第四十六条 对装运日期的一般用语
a.除非信用证另有规定,凡用于规定最早及/或最迟装运日期的“装运”一词,其意义应理解为包括诸
如“装船”、“发运”、“接收备运”、 “邮政收据日期”、“取件日期”和类似表述,如信用证要求多式运输单据
时,还包括“接受监管”这一涵义。
b.不应使用诸如“迅速”、“立即”、“尽快”之类词语,如已使用,银行将不予置理。
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c.如使用“于或约于”之类词语来限定装运日期者,银行将视为在所述日期前后各五天内装运,起迄日包
括在内。
第四十七条 装运期限的日期用语
a.诸如“×月×日止”、“至×月×日”、“直至×月×日”、“从×月×日”及类似意义的词语用于限定信用证中有
关装运的任何日期或期限时,应理解为包括所述日期。
b.“×月×日以后”应理解为不包括所述日期。
c.“上半月”和“下半月”应分别理解为自每月“1日至15日”和“16日至月末最后一天”,包括起迄日。
d.“月初”、“月中”和“月末”应分别理解为每月1日至10日、11日至20日和21日至月末最后一天,包括起
迄日期。
F、可转让信用证
第四十八条 可转让信用证
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a.可转让信用证系指信用证的受益人(第一受益人)可以要求授权付款、承担延期付款责任对汇票、承
兑或议付的银行(统称“转让行”),或 当信用证是自由议付时,可以要求信用证中特别授权的转让银行,将
该信用证全部或部分转让给一个或数个受益人(第二受益人)使用的信用证。
b.只有开证行在信用证中明确注明“可转让”时,信用证方可转让。使用诸如:“可分割”、“可分开”、“可让渡”和“可转移”之类措词, 并不能使信用证成为可以转让的信用证。如已使用此类措词,可不予以
置理。
c.除经非转让银行明确同意转让范围和转让方式,否则它无义务办理转让。
d.在申请转让时并在信用证转出之前,第一受益人必须不可撤销地指示转让银行,说明它是否保留拒绝
允许转让行将修改通知给第二受益人的权利。如转让行同意按此条件办理转让,它必须在办理转让时,将第
一受益人关于修改事项的指示通知第二受益人。
e.如信用证转让给一个以上的第二受益人,其中一个或几个第二受益人拒绝接受信用证的修改,此举并
不影响其它第二受益人接受修改。对拒绝接受修改的第二受益人而言,该信用证视作未被修改。
f.除非另有约定,转让行所涉及转让的费用,包括手续费、费用、成本费或其它开支等,应由第一受益
人支付。如果转让行同意转让信用证,在付清此类费用之前,转让行没有办理转让的义务。
g.除非信用证另有说明,可转让信用证只能转让一次。因此,第二受益人不得要求将信用证转让给其后
的第三受益人。就本条文而言,再转让给 第一受益人,不属被禁止转让的范畴。
只要不禁止分批装运/分批支款,可转让信用证可以分为若干部分予以分别转让(但总和不超过信用证
金额),这些转让的总和将被认为该证只转让了一次。
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h.信用证只能按原证中规定的条款转让,但下列项目除外:
--信用证金额
--信用证中规定的货物的任何单价,
--到期日
--根据本惯例第四十三条确定的最后交单日期,
--装运期限
以上任何一项或全部项目均可减少或缩短。
必须投保的保险金额比例可以增加,以满足原信用证或本惯例规定的保额。
此外,可以用第一受益人的名称替代原信用证申请人的名称。但是,原证中如明确要求原申请人的名称
应在除发票以外的单据上出现时,该项要求应予做到。
i.第一受益人有权用自己的发票(和汇票)替换第二受益人提交的发票(和汇票),其金额不得超过原
信用证金额,如信用证对单价有规定,应 按原单价出具发票。经过替换发票(和汇票),第一受益人可以在
信用证项下支取其发票金额与第二受益人发票金额间的的差额。|||
当信用证已经转让,并且第一受益人要提供自己的发票(和汇票)以替换第二受益人的发票(和汇
票),但第一受益人未能在有关方首次要求他 这样做时按此办理,则转让行有权将所收到的已转让信用证项
下的单据,包括第二受益人的发票(和汇票)交给开证行,并不再对第一受益人负责。
j.除非原信用证明确表明不得在原信用证规定以外的地方办理付款或议付,否则,第一受益人可以要求
在信用证的受让地,并在信用证到期日内,对第二受益人履行付款或议付。这样做并不损害第一受益人以自
己的发票(和汇票)替换第二受益人的发票(和汇票)并索取两者间应得差 额的权利。
G、款项让渡
第四十九条 款项让渡
信用证虽未表明可转让,但并不影响受益人根据现行法律规定,将信用证项下应得的款项让渡给他人的
权利。本条款所涉及的仅是款项的让渡,而不是信用证项下执行权利的让渡。|||
Uniform Customs and Practice for Documentary Credits (1993 Revision)
A. GENERAL PROVISIONS AND DEFINITIONS
Article 1. Application of UCP
The Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500, shall apply
to all documentary Credits (including to the extent to which 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 Credit
For the purposes of these Articles, the expressions "Documentary Credit (s)" and "Standby Letter(s) of Credit"
(hereinafter referred to as "Credit (s) "), rmean any arrangement, however named or described, whereby a bank
(the "Issuing Bank") 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 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, or
ii) authorises another bank to effect such payment, or to accept and pay such bills of exchange(Draft(s)), or
iii) authorises another bank to negotiate, against stipulated 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 countreis are
considered another bank.
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 fulfil any other obligation under the Credit, is not subject to claims or defences 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. Documents v. Goods/Services/Performances
In Credit operations all parties concerned deal with documents, and not with goods, services and/or other
performances to which the documents may relate.
Article 5. 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 Cred
it) 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.
B. FORM AND NOTIFICATIOIN OF CREDITS
Article 6. 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 7. Advising Banks Liability
a. A Credit may be advised to a Beneficiary through another bank(the "Advising Bank") without 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 authen, ticity of the Credit.
Article 8. Revocation of a Credit
a. A revocable Credit may be amended or cancelled 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 9. 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 Beneficiarq on the Issuing Bank and pay them at
maturity, or
(b) by another drawee bank-to accept and pay at maturity Draft(s) drawn by the Beneficiary on the Issuing Bank
in the event the drawee bank stipulated in the Credit does not accept Draft(s) drawn on it, or to pay Draft(s)
accepted but not paid by such drawee 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 Benefici ary 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"Confirminn Bank") upon the authorisation or
request of the Issuing Bank, constitutes a definite undertaking of the Confirming Bank, in addition to that of the Is
suing 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 drawee bank-to accept and pay at maturity Draft(s) drawn by the Beneficiary on the Confirming
Bank, in the event the drawee bank stipulated in the Credit does not accept Draft(s) drawn on it, or to pay Draft(s)
accepted but not paid by such drawee bank at maturity;
iv) if the Credit provides for negotiation-to negotiate without recourse to drawers and/or bonafide 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 authorised 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 authorisation 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 cancelled
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 10. Types of Credit
a. All Credits must clearly indicate whether they are available by sight payment, by deferred payment, by
acceptance or by negotiation.
b. i) Unless the Credit stipulates that it is available only with the Issuing Bank, all Credits must nominate the
bank(the "Nominated Bank") which is authorised to pay, to incur a deferred payment undertaking, to accept
Draft(s) or to negotiate. In a freely negotiabe Credit, any bank is a Nominated Bank Presentation of documents
must be made to the Issuing Bank or the Confirming Bank, if any, or any other Nominated Bank. Negotiation
means the giving of value for Draft(s) and/or document(s) by the bank authorised to negotiate. Mere examination
of the documents without giving of value does not constitute a negotiation.
c. Unless the Nominated Bank is the Confirming Bank, nomination by the Issuing Bank does not constitute any
undertaking by the Nominated Bank to pay, to incur a deferred payment undertaking, to accept Draft (s), or to
negotiate. Except where expressly agreed to by the Nominated Bank and so communicated to the Beneficiary, the
Nominated Banks receipt of and/or examination and/or forwarding of the documents does not make that bank
liable to pay, to incur a deferred payment undertaking, to accept Draft(s), or to negotiate.
d. By nominating another bank, or by allowing for negotiation by any bank, or by authorising or requesting another
bank to add its confirmation, the Issuing Bank authorises such bank to pay, accept Draft(s) or negotiate as the case
may be, against documents which appear on their face to be in compliance with the terms and conditions of the
Credit and undertakes to reimburse such bank in accordance with the provisions of these Articles.
Article 11. Teletransmitted and Pre-Advised Credits
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 "full details to follow"(or words of similar effect) or states that the 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 there
to. 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 12. Incomplete or Unclear Instructions
If incomplete or unclear instructions are received to advise, confirm of 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 oif 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 informatioin.
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 and if the Advising Bank is then prepared
to act on the instructions.
C. LIABILITIES AND RESPONSIBILITIES
Article 13. Standard for Examination of Documents
a. Banks must examine all documents stipulated in the Credit with reasonable care, to ascertain whether or not they
appear, on their face, to be in compliance with the terms and conditions of the Credit. Compliance of the stipulated
documents on their face with the terms and conditions of the Credit, shall be determined by international standard
banking practice as reflected in these Articles. Documents which appear on their face to be inconsistent with one a
nother will be considered as not appearing on their face to be in compliance with the terms and conditions of the
Credit.
Documents not stipulated in the Credit will not be examined by banks. If they receive such documents, they shall
return them to the presenter or pass them on without responsibility.
b. The Issuing Bank, the Confirming Bank, if any, or a Nominated Bank acting on their behalf, shall each have a
reasonable time, not to exceed seven banking days following the day of receipt of the documents, to examine the
documents and determine whether to take up or refuse the documents and to inform the party from which it
received the documents accordingly.
c. If a Credit contains conditions without stating the document(s) to be presented in compliance therewith, banks
will deem such conditions as not stated and will disregard them.
Article 14. Discrepant Documents and Notice
a. When the Issuing Bank authorises another bank to pay, incur a deferred payment undertaking, accept Draft(s), or
negotiate against documents which appear on their face to be in compliance with the terms and conditions of the
Credit, the Issuing Bank and the Confirming Bank, if any, are bound:
i) to reimburse the Nominated Bank which has paid, incurred a deferred payment undertaking, accepted Draft(s),
or negotiated,
ii) to take up the documents.
b. Upon receipt of the documents the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting
on their behalf, must determine on the basis of the documents alone whether or not they appear on their face to be
in compliance with the terms and conditions of the Credit. If the documents appear on their face not to be in
compliance with the terms and conditions of the Credit, such banks may refuse to take up the documents.
c. If the Issuing Bank determines that the documents appear on their face not to be in compliance with the terms an
d conditions of the Credit, it may in its sole judgment approach the Applicant for a waiver of the discrepancy(ies).
This does not, however, extend the period mentioned in sub-Article 13(b).
d. i) If the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting on their behalf, decides to
refuse the documents, it must give notice to that effect by telecommunication or, if that is not possible, by other
expeditious means, without delay but no later than the close of the seventh banking day following the day of
receipt of the documents. Such notice shall be given to the bank from which it received the documents, or to the
Beneficiary, if it received the documents directly from him.
ii) Such notice must state all discrepancies in respect of which the bank refuses the documents and must also state
whether it is holding the documents at the disposal of, or is returning them to, the presenter.
iii) The Issuing Bank and/or Confirming Bank, if any, shall then be entitled to claim from the remitting bank
refund, with interest, of any reimbursement which has been made to that bank.
e. If the Issuing Bank and/or Confirming Bank, if any, fails to act in accordance with the provisions of this Article
and/or fails to hold the documents at the disposal of, or return them to the presenter, the Issuing Bank and/or
Confirming Bank, if any, shall be precluded from claiming that the documents are not in compliance with the
terms and conditions of the Credit.
f. If the remitting bank draws the attention of the Issuing and/or Confirming Bank, if any, to any discrepancy(ies)
in the document(s) or advises such banks that it has paid, incurred a deferred payment undertaking, accepted
Draft(s) or negotiated under reserve or against an indemnity in respect of such discrepancy(ies), the Issuing Bank
and/or Confirming Bank, if any, shall not be therebu relieved from any of their obligations under any provision
of this Article. Such reserve or indemnity concerns only the relations between the remitting bank and the party
towards whom the reserve was made, or from whom, or on whose behalf, the indemnity was obtained.
Article 15. Disclaimer on Effectiveness of Documents
Banks assume no liability or responsibility for the form, sufficiency, accu racy, genuineness, falsification or
legal effect of any document(s), or for the general and/or particular conditions stipulated in the document(s) or
superimposed thereon; nor do they assume any liability or responsibility for the description, quantity, weight,
quality, condition, packing, delivery, value or existence of the goods represented by any document(s), or for the
good faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the
forwarders, the consignees or the insurers of the goods, or any other person whomsover.
Article 16. Disclaimer on the Transmission of Messages
Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any
message(s), letter(s) or document(s), or for delay, multilation or other error(s) arising in the transmission of any
telecommunication. Banks assume no liability or responsibility for errors in translation and/or interpretation of
technical terms, and reserve the right to transmit Credit terms without translating them.
Article 17. Force Maieure
Banks assume no liability or responsibility for the consequences arising out of the interruption of their business by
Acts of God, riots, civil commotions, insurrections, wars or any other causes beyond their control, or by any
strikes or lockouts. Unless specifically authorised, banks will not, upon resumption of their business, pay, incur a
deferred payment undertaking, accept Draft(s) or negotiate under Credits which expired during such interruption
of their business.
Article 18. Disclaimer for Acts of in Instructed Party
a. Banks utilizing the services of another bank or other banks for the purpose of giving effect to the instructions of
the Applicant do so for the account and at the risk of such Applicant.
b. Banks assume no liability or responsibility should the instructions they transmit not be carried out, even if they
have themselves taken the initiative in the choice of such other bank(s),
c. i) A party instructing another party ot perform services is liable for any charges, including commissions, fees,
costs or expenses incurred by the instructed party in connections with its instructions.
ii) Where a Credit stipulates that such charges are for the account of a party other than the instructing party, and
charges cannot be collected, the instructing party remains ultimately liable for the payment thereof.
d. The Applicant shall be bound by and liable to indemnify the banks against all obligations and responsibilities
imposed by foreign laws and usuages.
Article 19. Bank-to-Bank Reimbursement Arrangementsl
a. If an Issuing Bank intends that the reimbursement to which a paying, accepting or negotiating bank is entitled,
shall be obtained by such bank (the"Claiming Bank"), claiming on another party (the"Reimbursing Bank"), it shall
provide such Reimbursing Bank in good time with the proper instructions or authorisation to honour such
reimbursement claims.
b. Issuing Banks shall not require a Claiming Bank to supply a certificate of compliance with the terms and
conditions of the Credit to the Reimbursing Bank.
c. An Issuing Bank shall not be relieved from any of its obligations to provide reimbursement if and when
reimbursement is not received by the Claiming Bank from the Reimbursing Bank.
d. The Issuing Bank shall be responsible to the Claiming Bank for any loss of interest if reimbursement is not
provided by the Reimbursing Bank on first demand, or as otherwise specified in the Credit, or mutually agreed, as
the case may be.
e. The reimbursing Banks charges should be for the account of the Issuing Bank. However, in cases where the
charges are for the account of another party, it is the responsibility of the Issuing Banks to so indicate in the
original Credit and in the reimbursement authorisation. 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 Reimbursing Banks charges remain the obligation of the Issuing Bank.
D. DOCUMENTS
Article 20. Ambiguity as to the Issuers of Documents
a. Terms such as "first class," "well known," "qualified," "independent," "official," "competent," "local" and the
like, shall not be used to describe the issuers of any document(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.
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 to be signed. A document may be signed by
handwriting, by facsi mile 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 labelled copy
or not marked as an original-a copy(ies) need not be signed.
ii) 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
indicates otherwise.
d. Unless otherwise stipulated in the Credit, a condition under a Credit calling for a document to be authenticated,
validated, legalized, visaed, certified or indicating a similar requirement, will be satisfied by any signature, mark,
stamp or label on such document that on its face 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 content. 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 document presented.
Article 22. Issuance Date of Documents v. Credit Date
Unless otherwise stipulated in the Credit, banks will accept 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 Lading
a. If a Credit calls for a bill of lading 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 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 authenticating for the carrier or master must also indicate the name and the capacity of the
paryt, i.e. carrier or master, on whose behalf that agent is acting, and
ii) 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 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 loaded 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 "intended 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 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 "intended vessel". If
the bill of lading indicates a place of receipt or taking in charge different from the port of loading, the on board not
ation 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 whenever loading on board the vessel is indicated by pre-printed wording on the bill of lading, and
iii) 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 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, and
iv) consists of a sole original bill of lading, or if issued in more than one original, the full set as so issued, and
v) 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 back bill of lading), banks will not
examine the contents of such terms and conditions, and
vi) contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is
propelled by sail only, and
vii) in all other respects meets the stipulations of the Credit.
b. For 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 accept 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:
i) indicates that transhipment will take place as long as the relevant cargo is shipped in Container (s) , Trailer(s)
and/or "LASH" 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.
Article 24. Non-Negotiable Sea Waybill
a. 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 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 authenticating 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, and
ii) 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 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
all 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 waybill contains the indication "intended 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 name of the
vessel on which the goods have been loaded, even if they have been loaded on the vessel named as the "intended
vessel." 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 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 a vessel named in the
non-negotiable sea waybill. This provision also applies whenever load, ing on board the vessel is indicated by
pre-printed wording on the non-negotiable sea waybill, and
iii) 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 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 pot;ts of loading and/or discharge stipulated in the Credit, and
iv) consists of a sole original non-negotiable sea waybill, or if issued in more than one original, the full set as so
issued, and
v) 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-negotiablesea waybill(short forml blank back non-negotiable
sea waybill); banks will not examine the contents of such terms and conditions, and
vi) contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is
propelled by sail only, and
vii) in all other respects meets the stipulations of the Credit.
b. For 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 accept a non-negotiable sea waybill
which indicates 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 relevant 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/or
ii) incorporates clauses stating that the carrier reserves the right to tranship.
Article 25. Charter Party Bill of Lading
a. 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 its 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 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, and
iii) does or does not indicate the name of the carrier, and
iv) 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 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 loaded on board, in which case the date of the on board notation will
be deemed to be the date of shipment, and
v) indicates the port of loading and the port of discharge stipulated in the Credit, and
vi) consists of a sole original bill of lading or, if issued in more than one original, the full set as so issued, and
vii) contains no indication that the carrying vessel is propelled by sail only, and
viii) in all other respects meets the stipulations of the Credit.
b. Even if the Credit requires the presentation of a charter party contract in connection with a charter party bill of
lading, banks will not examine such charter party contract, but will pass it on without responsibility on their part.
Article 26. Multimodal Transport Document
a. If a Credit calls for a transport document covering at least two different modes of transport(multimodal
transport), 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 or multimodal transport operator and to have been signed
or otherwise authenticated by:
- the carrier or multimodal transport operator or a named agent for or on behalf of the carrier or multimodal
transport operator,
- the master or a named agent for or on behalf of the master.
Any signature or authentication of the carrier, multimodal transport operator or master must be identified as carrier,
multimodal transport operator or master, as the case may be. An agent signing or authenticating for the carrier,
multimodal transport operator or master must also indicate the name and the capacity of the party, i.e. carrier,
multimodal transport operator or master, on whose behalf that agent is acting, and
ii) indicates that the goods have been dispatched, taken in charge or loaded on board. Dispatch, taking in charge
or loading on board may be indicated by wording to that effect on the multimodal transport document and the date
of issuance will be deemed to be the date of dispatch, taking in charge or loading on board and the date of
shipment. However, if the document indicates, by stamp or otherwise, a date of dispatch, taking in charge or
loading on board, such date will be deemed to be the date of shipment, and
iii) (a) indicates the place of taking in charge stipulated in the Credit which may be different from the port, airport
or place of loading, and the place of final destination stipulated in the Credit which may be different from the port,
airport or place of discharge, and/or
(b) contains the indication "intended" or similar qualification in relation to the vessel and/or port of loading and/
or port of discharge, and
iv) consists of a sole original multimodal transport document or, if issued in more than one original, the full set as
so issued, and
v) 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 multimodal transport document(short form/blank back
multimodal transport document); banks will not examine the contents of such terms and conditions, and
vi) contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is
propelled by sail only, and
vii) in all other respects meets the stipulations of the Credit.
b.Even if the Credit prohibits transhipment, banks will accept a multimodal transport document which indicates
that transhipment will or may take place, provided that the entire carriage is covered by one and the same
multimodal transport document.
Article 27. Air Transport Document
a. If a Credit calls for an air transport document, 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 or otherwise authenticated by:
- the carrier, or
- a named agent for or on behalf of the carrier;
Any signature or authentication of the carrier must be identified as carrier. An agent signing or authenticating for
the carrier must also indicate the name and the capacity of the party, i.e. carrier, on whose behalf that agent is
acting, and
ii) indicates that the goods have been accepted for carriage, and
iii) where the Credit calls for an actual date of dispatch, indicates a specific notation of such date, the date of
dispatch so indicated on the air transport document will be deemed to be the date of shipment.
For the purpose of this Article, the information appearing in the box on the air transport document(marked "For
Carrier Use Only" or similar expression) relative to the flight number and date will not be considered as a specific
notation of such date of dispatch. In all other cases, the date of issuance of the air transport document will be
deemed to be the date of shipment, and
iv) indicates the airport of departure and the airport of destination stipulated in the Credit, and
v) appears to be the original for consignor/shipper even if the Credit stipulates a full set of originals, or similar
expressions, and
vi) appears to contain all of the terms and conditions of carriage, or some of such terms and conditons, by
reference to a source or document other than the air transport document; banks will not examine the contents of
such terms and conditions, and
vii) in all other respects meets the stipulations of the Credit.
b. For the purpose of this Article, transhipment means unloading and reloading from one aircraft to another aircraft
during the course of carriage from the airport of departure to the airport of destination stipulated in the Credit.
c. Even if the Credit prohibits transhipment, banks will accept an air transport document which indicates that
transhipment will or may take place, provided that the entire carriage is covered by one and the same air transport
document.
Article 28. Road, Rail or Inland Waterway Transport Documents
a. If a Credit calls for a road, rail, or inland waterway transport document, banks will, unless otherwise stipulated
in the Credit, accept a document of the type called for, 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 and/or to bear a reception stamp or other indication of
receipt by the carrier or a named agent for or on behalf of the carrier.
Any signature, authentication, reception stamp or other indication of receipt of the carrier, must be identified on its
face as that of the carrier. An agent signing or authenticating for the carrier, must also indicate the name and the
capacity of the party, i.e. carrier, on whose behalf that agent is acting, and
ii) indicates that the goods have been received for shipment, dispatch or carriage or wording to this effect. The
date of issuance will be deemed to be the date of shipment unless the transport document contains a reception
stamp, in which case the date of the reception stamp will be deemed to be the date of shipment, and
iii) indicates the place of shipment and the place of destination stipulated in the Credit, and
iv) in all other respects meets the stipulations of the Credit.
b. In the absence of any indication on the transport document as to the numbers issued, banks will accept the
transport document(s) presented as constituting a full set. Banks will accept as original(s) the transport
document(s) whether marked as original(s) or not.
c. For the purpose of this Article, transhipment means unloading and reloading from one means of conveyance to
another means of convey. ance, in different modes of transport, during the course of carriage from the place of
shipment to the place of destination stipulated in the Credit.
d. Even if the Credit prohibits transhipment, banks will accept a road, rail, or inland waterway transport document
which indicates that transhipment will or may take place, provided that the entire carriage is covered by one and
the same transport document and within the same mode of transport.
Article 29. Courier and Post Receipts
a. If a Credit calls for a post receipt or certificate of posting, banks will, unless otherwise stipulated in the Credit,
accept a post receipt or certificate of posting which:
i) appears on its face to have been stamped or otherwise authenticated and dated in the place from which the
Credit stipulates the goods are to be shipped or dispatched and such date will be deemed to be the date of
shipment or dispatch, and
ii) in all other respects meets the stipulations of the Credit.
b. If a Credit calls for a document issued by a courier or expedited delivery service evidencing receipt of the goods
for delivery, 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 courier/service, and to have been stamped, signed or otherwise
authenticated by such named courier/service (unless the Credit specifically calls for a document issued by a named
Courier/Service, banks will accept a document issued by any Courier/Service), and
ii) indicates a date of pick-up or of receipt or wording to this effect, such date being deemed to be the date of
shipment or dispatch, and
iii) in all other respects meets the stipulations of the Credit.
Article 30. Transport Documents issued by Freight Forwarders
Unless otherwise authorised in the Credit, banks will only accept a transport document issued by a freight
forwarder if it appears on its face to indicate:
i) the name of the freight forwarder as a carrier or multimodal transport operator and to have been signed or other
wise authenticated by the freight forwarder as carrier or multimodal transport operator, or
ii) the name of the carrier or multimodal transport operator and to have been signed or otherwise authenticated by
the freight forwarder as a named agent for or on behalf of the carrier or multimodal transport operator.
Articie 31. "On Deck,""Shippers Load and Count," Name of Consignor
Unless otherwise stipulated in the Credit, banks will accept a transport document which:
i) does not indicate, in the case of carriage by sea or by more than one means of conveyance including carriage by
sea, that the goods are or will be loaded on deck. Nevertheless, banks will accept a transport document which
contains a provision that the goods may be carried on deck, provided that it does not specifically state that they are
or will be loaded on deck, and/or
ii) bears a clause on the face thereof such as "shippers load and count" or "said by shipper to contain" or words of
similar effect, and/or
iii) indicates as the consignor of the goods a party other than the beneficiary of the Credit.
Article 32. Clean Transport Documents
a. A clean transport document is one which bears no clause or notation which expressly declares a defective
condition of the goods and/or the packaging.
b. Banks will not accept transport documents bearing such clauses or notations unless the Credit expressly
stipulates the clauses or notations which may be accepted.
c. Banks will regard a requirement in a Credit for a transport document to bear the clause "clean on board" as
complied with if such transport document meets the requirements of this Article and of Articles 23, 24, 25, 26, 27,
28 or 30.
Article 33. Freight Payable/Prepaid Transport Documents
a. Unless otherwise stipulated in the Credit, or inconsistent with any of the documents presented under the Credit,
banks will accept transport documents stating that freight or transportaion charges(hereafter referred to as
"freight") have still to be paid.
b. If a Credit stipulates that the transport document has to indicate that freight has been paid or prepaid, banks will
accept a transport document on which words clearly indicating payment or prepayment of freight appear by stamp
or otherwise, or on which payment or prepayment of freight is indicated by other means. If the Credit requires
courier charges to be paid or prepaid banks will also accept a transport document issued by a courier or expedited
delivery service evidencing that courier charges are for the account of a party other than the consignee.
c. The words "freight prepayable" or "freight to be prepaid" or words of similar effect, if appearing on transport
documents, will not be accepted as constituting evidence of the payment of freight. d. Banks will accept transport
documents bearing reference by stamp or otherwise to costs additional to the freight, such as costs of, or
disbursements incurred in connection with, loading, unloading or similar operations, unless the conditions of the
credit specifically prohibit such reference.
Article 34. Insurance Documents
a. Insurance documents must appear on their face to be issued and signed by insurance companies or underwriters
or their agents.
b. If the insurance document indicates that it has been issued in more than one original, all the originals must be
presented unless otherwise authorised in the Credit.
c. Cover notes issued by brokers will not be accepted, unless specifically authorised in the Credit. d. Unless
otherwise stipulated in the Credit, banks will accept an insurance certificate or a declaration under an open cover
pre-signed by insurance companies or underwriters or their agents. If a Credit specifically calls for an insurance
certificate or a declaration under an open cover, banks will accept, in lieu thereof, an insurance policy.
e. Unless otherwise stipulated in the Credit, or unless it appears from the insurance document that the cover is
effective at the latest from the date of loading on board or dispatch or taking in charge of the goods, banks will not
accept an insurance document which bears a date of issuance later than the date of loading on board or dispatch or
taking in charge as indicated in such transport document.
f. i) Unless otherwise stipulated in the Credit, the insurance document must be expressed in the same currency as
the Credit.
ii) Unless otherwise stipulated in the Credit, the minimum amount for which the insurance document must
indicate the insurance cover to have been effected is the CIF(cost, insurance and freight("named port of
destination")) or CIP(carriage and insurance paid to("named place of destination")) value of the goods, as the case
may be, plus 10%, but only when the CIF or CIP value can be determined from the documents on their face.
Otherwise, banks will accept as such minimum amount 110% of the amount for which payment, accep- tance or
negotiation is requested under the Credit, or 110% of the gross amount of the invoice, whichever is the greater.
Article 35. Type of Insurance Cover
a. Credits should stipulate the type of insurance required and, if any, the additional risks which are to be covered.
Imprecise terms such as "usual risks" or "customary risks" shall not be used, if they are used, banks will accept
insurance documents as presented, without responsibility for any risks not being covered.
b. Failing specific stipulations in the Credit, banks will accept insurance documents as presented, without
responsibility for any risks not being covered.
c. Unless otherwise stipulated in the Credit, banks will accept an insurance document which indicates that the
cover is subject to a franchise or on excess (deductible).
Article 36. All Risks Insurance Cover
There a Credit stipulates "insurance against all risks", banks will accept an insurance document which contains any
"all risks" notation or clause, whether or not bearing the heading "all risks", even if the insurance document
indicates that certain risks are excluded, without responsibility for any risk(s) not being covered.
Article 37. Commercial Invoices
a. Unless otherwise stipulated in the Credit, commercial invoices;
i) must appear on their face to be issued by the Beneficiary named in the Credit(except as provided in Article 48),
and
ii) must be made out in the name of the Applicant(except as provided in sub-Article 48(h)), and
iii) need not be signed.
b. Unless otherwise stipulated in the Credit, banks may refuse commercial invoices issued for amounts in excess of
the amount permitted by the Credit. Nevertheless, if a bank authorised to pay, incur a deferred payment
undertaking, accept Draft(s), or negotiate under a Credit accepts such invoices, its decision will be binding upon
all parties, provided that such bank has not paid, incurred a deferred payment undertaking, accepted Draft(s) or
negotiated for an amount in excess of that permitted by the Credit.
c. The description of the goods in the commercial invoice must correspond with the description in the Credit. In all
other documents, the goods may be described in general terms not inconsistent with the description of the goods
in the Credit.
Article 38. Other Documents
If a Credit calls for an attestation or certification of weight in the case of transport other than by sea, bank will
accept a weight stamp or declaration of weight which appears to have been superimposed on the transport
document by the carrier or his agent unless the Credit specifically stipulates that the attestation or certification of
weight must be by means of a separate document.
E. MISCELLANEOUS PROVISIONS
Article 39. Allowances in Credit Amount, Quantity and Unit Price
a. The words "about," "approximately," "circa" or similar expressions used in connection with the amount of the
Credit or the quantity or the unit price stated in the Credit are to be construed as allowing a difference not to
exceed 10% more or 10% less than the amount or the quantity or the unit price to which they refer.
b. Unless a Credit stipulates that the quantity of the goods specified must not be exceeded or reduced, a tolerance
of 5% more or 5% less will be permissible, always provided that the amount of the drawings does not exceed the
amount of the Credit. This tolerance does not apply when the Credit stipulates the quantity in terms of a stated
number of packing units or individual items.
c. Unless a Credit which prohibits partial shipments stipulates otherwise, or unless sub-Article(b) above is
applicable, a tolerance of 5% less in the amount of the drawing will be permissible, provided that if the Credit
stipulates the quantity of the goods, such quantity of goods is shipped in full, and if the Credit stipulates a unit
price, such price is not reduced. This provision does not apply when expressions referred to in sub-Article(a)
above are used in the Credit.
Article 40. Partial Shipments/Drawings
a. Partial drawings and/or shipments are allowed, unless the Credit stipulates otherwise.
b. Transpart documents which appear on their face to indicate that shipment has been made on the same means of
conveyance and for the same journey, provided they indicate the same destination, will not be regard. ed as
covering partial shipments, even if the transport documents indicate different dates of shipment and/or different
ports of loading, places of taking in charge, or despatch.
c. Shipments made by post or by courier will not be regarded as partial shipments if the post receipts or certificates
of posting or couriers receipts or dispatch notes appear to have been stamped, signed or otherwise authenticated in
the place from which the Credit stipulates the goods are to be dispatched, and on the same date.
Article 41. Instalment Shipments/Drawings
If drawings and/or shipments by instalments within given periods are stipulated in the Credit and any instalment is
not drawn and/or shipped within the period allowed for that instalment, the Credit ceases to be available for that
and any subsequent instalments, unless otherwise stipulated in the Credit.
Article 42. Expiry Date and Place for Presentation of Documents
a. All Credits must stipulate an expiry date and a place for presentation of documents for payment, acceptance, or
with the exception of freely negotiable Credits, a place for presentation of documents for negotia tion. An expiry
date stipulated for payment, acceptance or negotiation will be construed to express an expiry date for presentation
of documents.
b. Except as provided in sub-Article 44(a), documents must be presented on or before such expiry date.
c. If an Issuing Bank states that the Credit is to be available "for one month," "for six months," or the like, but does
not specify the date from which the time is to run, the date of issuance of the Credit by the Issuing Bank will be
deemed to be the first day from which such time is to run. Banks should discourage indication of the expiry date of
the Credit in this manner.
Article 43. Limitation on the Expiry Date
a. In addition to stipulating an expiry date for presentation of documents, every Credit which calls for a transport
document(s) should also stipulate a specified period of time after the date of shipment during which presentation
must be made in compliance with the terms and conditions of the Credit. Tf no such period of time is stipulated,
banks will not accept documents presented to them later than 21 days after the date of shipment. In any event,
documents must be presented not later than the expiry date of the Credit.
b. In cases in which sub-Article 40(b) applies, the date of shipment will be considered to be the latest shipment
date on any of the transport documents presented.
Article 44. Extension of Expiry Date
a. If the expiry date of the Credit and/or the last day of the period of time for presentation of documents stipulated
by the Credit or applicable by virtue of Article 43 falls on a day on which the bank to which presentation has to be
made is closed for reasons other than those referred to in Article 17, the stipulated expiry date and/or the last day
of the period of time after the date of shipment for presentation of documents, as the case may be, shall be
extended to the first following day on which such bank is open.
b. The latest date for shipment shall not be extended by reason of the extension of the expiry date and/or the period
of time after the date of shipment for presentation of documents in accordance with sub-Article (a) above. If no
such latest date for shipment is stipulated in the Credit or amendments thereto, banks will not accept transport
documents indicating a date of shipment later than the expiry date stipulated in the Credit or amendments thereto.
c. The bank to which presentation is made on such first following business day must provide a statement that the
documents were presented within the time limits extended in accordance with sub-Article 44(a) of the Uniform
Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500.
Article 45. Hours of Presentation
Banks are under no obligation to accept presentation of documents outside their banking hours.
Article 46. General Expressions as to Dates for Shipment
a. Unless otherwise stipulated in the Credit, the expression "shipment" used in stipulating an earliest and/or a latest
date for shipment will be understood to include expressions such as, "loading on board," "dis. patch," "accepted
for carriage," "date of post receipt," "date of pick- up," and the like, and in the case of a credit calling for a
multimodal transport document the expression "taking in charge."
b. Expressions such as "prompt," "immediately," "as soon as possible," and the like should not be used. If they are
used banks will disregard them.
c. If the expression "on or about" or similar expressions are used, banks will interpret them as a stipulation that
shipment is to be made during the period from five days before to five days after the specified date, both end days
included.
Article 47. Date Terminology for Periods of Shipment
a. The words "to," "until," "till," "from" and words of similar import applying to any date or period in the Credit
referring to shipment will be understood to include the date mentioned.
b. The word "after" will be understood to exclude the date mentioned.
c. The terms "first half," "second half" of a month shall be construed respectively as the 1st to the 15th, and the
16th to the last day of such month, all dates inclusive.
d. The terms "beginning," "middle," or "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 such month, all dates inclusive.
F. TRANSFERABLE CREDIT
Article 48. Transferable Credit
a. A transferable Credit is a Credit under which the Beneficiary(First Beneficiary) may request the bank authorised
to pay, incur a deferred payment undertaking, accept or negotiate (the "Transferring Bank"), or in the case of a
freely negotiable Credit, the bank specifically authorised in the Credit as a Transferring Bank, to make the Credit
available in whole or in part to one or more other Beneficiary(ies) (Second Beneficiary(ies)).
b. A Credit can be transferred only if it is expressly designated as "transferable" by the Issuing Bank. Terms such
as "divisible," "fractionable," "assignable," and "transmissible" do not render the Credit transferable. If such terms
are used they shall be disreearded.
c. A Transferring Bank shall be under no obligation to effect such transfer except to the extent and in the manner
expressly consented to by such bank.
d. At the time of making a request for transfer and prior to transfer of the Credit, the First Beneficiary must
irrevocably instruct the Transferring Bank whether or not he retains the right to refuse to allow the Transferring
Bank to advise amendments to the Second Beneficiary(ies). If the
Transferring Bank consents to the transfer under these conditions, it must, at the time of transfer, advise the Second
Beneficiary(ies) of the First Beneficiarys instructions regarding amendments.
e. If a Credit is transferred to more than one Second Beneficiary(ies), refusal of an amendment by one or more
Second Beneficiary(ies) does not invalidate the acceptance(s) by the other Second Beneficiary(ies) with respect to
whom the Credit will be amended accordingly. With respect to the Second Beneficiary(ies) who rejected the
amendment, the Credit will remain unamended.
f. Transferring Bank charges in respect of transfers including commissions, fees, costs or expenses are payable by
the First Beneficiary, unless otherwise agreed. If the Transferring Bank agrees to transfer the Credit it shall be
under no obligation to effect the transfer until such charges are paid.
g. Unless otherwise stated in the Credit, a transferable Credit can be transferred once only. Consequently, the
Credit cannot be transferred at the request of the Second Beneficiary to any subsequent Third Beneficiary. For the
purpose of this Article, a retransfer to the First Beneficiary does not constitute a prohibited transfer. Fractions of
a transferable Credit(not exceeding in the aggregate the amount of the Credit) can be transferred separately,
provided partial shipments/drawings are not prohibited, and the aggregate of such transfers will be considered as
constituting only one transfer of the Credit.
h. The Credit can be transferred only on the terms and conditions specified in the original Credit, with the
exception of:
- the amount of the Credit,
- any unit price stated therein,
- the expiry date,
- the last date for presentation of documents in accordance with Article 43,
- the period for shipment,
any or all of which may be reduced or curtailed.
The percentage for which insurance cover must be effected may be increased in such a way as to provide the
amount of cover stipulated in the original Credit, or these Articles. In addition, the name of the First Beneficiary
can be substituted for that of the Applicant, but if the name of the Applicant is specifically required by the original
Credit to appear in any document(s) other than the invoice, such requirement must be fulfilled.
i. The First Beneficiary has the right to substitute his own invoice(s) (and Draft(s)) for those of the Second
Beneficiary(ies), for amounts not in excess of the original amount stipulated in the Credit and for the original unit
prices if stipulated in the Credit, and upon such substitution of invoice(s) (and Draft(s)) the First Beneficiary can
draw under the Credit for the difference, if any, between his voice(s) and the Second Beneficiarys(ies) invoice(s).
When a Credit has been transferred and the First Beneficiary is to supply his own invoice(s)(and Draft(s)) in
exchange for the Second Beneficiarys(ies) invoice(s)(and Draft(s)) but fails to do so on first demand, the
Transferring Bank has the right to deliver to the Issuing Bank the documents received under the transferred Credit,
including the Second Beneficiarys(ies) invoice(s)(and Draft(s)) without further responsibility to the First
Beneficiary.
j. The First Beneficiary may request that payment or negotiation be effected to the Second Beneficiary(ies) at the
place to which the Credit has been transferred up to and including the expiry date of the Credit, unless the original
Credit expressly states that it may not be made available for payment or negotiation at a place other than that
stipula ted in the Credit. This is without prejudice to the First Beneficiarys right to substitute subsequently his own
invoice(s) (and Draft(s)) for those of the Second Beneficiary(ies) and to claim any difference due to him.
G. ASSIGNNIENT OF PROCEEDS
Article 49. Assignment of Proceeds
The fact that a Credit is not stated to be transferable shall not affect the Beneficiarys right to assign any proceeds to
which he may be, or may become, entitled under such Credit, in accordance with the provisions of the applicable
law. This Article relates only to the assignment of proceeds and not to the assignment of the right to perform under
the Credit itself.