跟单信用证统一惯例UCP600.pptVIP

Yuqiang @ Copyright Reserved 开证行的拒付及拒付后单据的处理 信用证中普遍采用的不符点条款 NOTWITHSTANDING THE PROVISIONS OF UCP500, IF WE GIVE NOTICE OF REFUSAL OF DOCUMENTS PRESENTED UNDER THIS CREDIT WE SHALL HOWEVER RETAIN THE RIGHT TO ACCEPT A WAIVER OF DISCREPANCIES FROM THE APPLICANT AND, SUBJECT TO SUCH WAIVER BEING ACCEPTABLE TO US, TO RELEASE DOCUMENTS AGAINST THAT WAIVER WITHOUT REFERENCE TO THE PRESENTER PROVIDED THAT NO WRITTEN INSTRUCTIONS TO THE CONTRARY HAVE BEEN RECEIVED BY US FROM THE PRESENTER BEFORE THE RELEASE OF THE DOCUMENTS. ANY SUCH RELEASE PRIOR TO RECEIPT OF CONTRARY INSTRUCTIONS SHALL NOT CONSTITUTE A FAILURE ON OUR PART TO HOLD THE DOCUMENTS AT THE PRESENTER’S RISK AND DISPOSAL, AND WE WILL HAVE NO LIABILITY TO THE PRESENTER IN RESPECT OF ANY SUCH RELEASE. 第一百九十页，共一百九十四页。 Yuqiang @ Copyright Reserved 开证行的拒付及拒付后单据的处理 The notice must state: i. that the bank is refusing to honour or negotiate; and ii. each discrepancy in respect of which the bank refuses to honour or negotiate; and iii. a) that the bank is holding the documents pending further instructions from the presenter; or b) that 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; or c) that the bank is returning the documents; or d) that the bank is acting in accordance with instructions previously received from the presenter 第一百九十一页，共一百九十四页。 Yuqiang @ Copyright Reserved 开证行的拒付及拒付后单据的处理 A nominated bank acting on its nomination, a confirming bank, if any, or the issuing bank may, after providing notice required by sub-article 16 (c) (iii) (a) or (b), return the documents to the presenter at any time.(Art.16) 第一百九十二页，共一百九十四页。 Yuqiang @ Copyright Reserved 对UCP600的整体评价 优点： 第一次系统地对信用证有关概念进行了定义。 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。 确立了新的国际结算实务操作标准。 增加了实务操作性条款。 措辞更为简洁、严格、清晰、与时俱进。 缺点： 没有解决目前实务中遇到的所有问题。 UCP600与URR525、ISBP、ISP98、eUCP并行，操作难度加大。 建议： 做好内部培训和客户培训，保证UCP500到UC