06 信用证（1）.pptVIP

国际结算 张家茂 6. Letter of Credit 6.1 Overview of a credit 一、What is a Letter of Credit (L/C) In UCP600, Credit means: any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation. UCP600：信用证是指一项不可撤销的约定，无论其名称或描述如何，该项约定构成开证行对相符交单予以承付的确定承诺。 What is ‘honour’? In UCP600, honour means: a. to pay at sight if the credit is available by sight payment. b. to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. c. to accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance What is ‘complying presentation’? In UCP600, ‘complying presentation’ means: A presentation that is in accordance with the terms and conditions of the credit, the applicable provisions of these rules and international standard banking practice (ISBP). 二、 Characteristics of a L/C 1. The issuing bank is primarily liable for the payment of the bill L/C is a written undertaking of the issuing bank, or, it’s based on bank credit. But, Collection is based on trade credit. UCP600-6-c: a credit must not be issued available by a draft drawn on the applicant. 2、Independent of the sales contract。 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. 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，银行也与合同无关，且不受其约束。 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. 因此，银行关于承付、议付或履行信用证项下其他义务的承诺，不受申请人基于其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。 A beneficiary can in no case avail itself of the contractual