20xx年跟单信用证法律实务讲座(编辑修改稿)

20xx年跟单信用证法律实务讲座(编辑修改稿)内容摘要：

r means a beneficiary, bank or other party that makes a presentation. 2020/7/5 Yuqiang @ Copyright Reserved 34 UCP600与 UCP500的比较分析  删除了那些表达不确切、内容已过时及与国际贸易实务相脱节的条款  条款总数由 UCP500的 49条缩减为 39条，且不再分类  删除了信用证 “ 可撤销 ” 的概念 ( of UCP500)  删除了运输行单据条款 ( of UCP500)  删除了运输单据之 “ 不得含有载运船只仅以风帆为动力的批注 ” ( of UCP500)  删除了运输单据之额外费用的列举条款 ( of UCP500) 2020/7/5 Yuqiang @ Copyright Reserved 35 UCP600与 UCP500的比较分析  确立了新的国际结算实务操作标准  银行审核单据的时间缩短为 5天  A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is plying. 2020/7/5 Yuqiang @ Copyright Reserved 36 UCP600与 UCP500的比较分析  明确了受益人对修改保持沉默不等于接受修改  A provision in an amendment to the effect that the amendment shall enter into force unless rejected by the beneficiary within a certain time shall be disregarded.() 2020/7/5 Yuqiang @ Copyright Reserved 37 UCP600与 UCP500的比较分析  增加了实务操作性条款  即使单据遗失，开证行也必须付款（ 35条）  Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a plying presentation, the issuing bank must honour ()  An issuing bank is irrevocably bound to honour as of the time it issues the credit. ()  An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a plying presentation and forwarded the documents to the issuing bank. () 2020/7/5 Yuqiang @ Copyright Reserved 38  An irrevocable Credit constitutesd a definite undertaking or 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 plied with( of UCP500)  如果发送单证相符单据给开证行的银行是一家被指定银行，而单据在途中遗失，那么开证行有责任付款，前提是单据以信用证规定的方式寄送，即当信用证规定为挂号邮寄时，单据要按那种方式寄送，而不是通过快递公司。 以非信用证所要求的方式寄送单据的风险有被指定银行承担，而不是受益人承担。 （ ICC632/R429） 2020/7/5 Yuqiang @ Copyright Reserved 39  If a nominated bank determines that a presentation is plying and forwards the documents to the issuing bank or confirming bank, whether or not the nominated bank has honoured or negotiated, an issuing bank or confirming bank must honour or negotiate, or reimburse that nominated bank, even when the documents have been lost in transit between the nominated bank and the issuing bank or confirming bank, or between the confirming bank and the issuing bank.() 2020/7/5 Yuqiang @ Copyright Reserved 40 UCP600与 UCP500的比较分析  拒付电增加了 “ 持单至申请人放弃不付点 ” 的选择  the issuing bank is holding the documents until it receives a waiver from the applicant and agrees to accept it, or receives further instructions from the presenter prior to agreeing to accept a waiver () 2020/7/5 Yuqiang @ Copyright Reserved 41 UCP600与 UCP500的比较分析  建立了 “ 单据必须满足其功能 ” 的标准  If a credit requires presentation of a document other than a transport document, insurance document or mercial invoice, without stipulating by whom the document is to be issued or its data content, banks will accept the document as presented if its content appears to fulfil the function of the required document and otherwise plies with subarticle 14 (d ). 2020/7/5 Yuqiang @ Copyright Reserved 42 UCP600与 UCP500的比较分析  When documents other than transport documents, insurance documents and mercial 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. ( of UCP500)  当要求提供运输单据、保险单据和商业发票以外的单据时，信用证中应规定该单据的出票人及其措辞或内容。 如信用证对此未作规定， 只要所提交单据的内容与提交的其它规定单据不矛盾，银行将接受此类单据。 （第 21条） 2020/7/5 Yuqiang @ Copyright Reserved 43 UCP600与 UCP500的比较分析  明确开证行可以作为转让行转让自己开立的信用证  Transferring bank means a nominated bank that transfers the credit or, in a credit available with any bank, a bank that is specifically authorized by the issuing bank to transfer and that transfers the credit. An issuing bank may be a transferring bank.() 2020/7/5 Yuqiang @ Copyright Reserved 44 UCP600与 UCP500的比较分析  措辞更为简洁、严格、清晰、与时俱进  关于简洁  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”.( of UCP500) [字符数（不计空格） 360] 2020/7/5 Yuqiang @ Copyright Reserved 45 UCP600与 UCP500的比较分析  If the bill of lading contains the indication “intended vessel” or similar qualification in relation to the name of the vessel, an on board notation indicating the date of shipment and the name of the actual vessel is required. ( of UCP600) [字符数（不计空格） 189] 2020/7/5 Yuqiang @ Copyright Reserved 46 UCP600与 UCP500的比较分析  关于严格  拒付通知的格式及内容： A single notice  关于清晰  措辞 “ and/or”修订为 “ or”，单、复数同义  Where applicable, words in the singular include the plural and in the plural include the singular. ()  关于与时俱进  银行对因遭受恐怖袭击 (acts of terrorism)导致银行停业所造成后果的免责  删除了信用证 “ 可撤销 ” 的概念： A credit is irrevocable even if there is no indication to that effect. () 2020/7/5 Yuqiang @ Copyright Reserved 47 UCP600实施后对不同当事人的影响  Applicant  Beneficiary  Presenter 2020/7/5 Yuqiang @ Copyright Reserved 48 UCP600实施后对不同当事人的影响  对申请人  Applicant means the party on whose request the credit is issued.（ Art. 2） 2020/7/5 Yuqiang @ Copyright Reserved 49 UCP600实施后对不同当事人的影响。